BALLOTS

Marginal note:Prohibition

14. A person must not, in connection with an election,

• (a) provide a false name in order to obtain a ballot;

• (b) possess a ballot that was not provided to them in accordance with the regulations;

• (c) purchase a mail-in ballot that was issued to another person;

• (d) sell or give away a mail-in ballot; or

• (e) print or reproduce a ballot with the intention that the print or reproduction be used as a genuine ballot, unless that person is authorized to do so under the regulations.

VOTING

Marginal note:Elector entitled to vote

• 15. (1) Subject to subsection (2), only an elector of a participating First Nation is entitled to vote in an election held by that First Nation.

• Marginal note:Exception

  (2) An elector who is appointed as the electoral officer in respect of an election is not entitled to vote in that election.

Marginal note:Prohibition  — any person

16. A person must not, in connection with an election,

• (a) vote or attempt to vote knowing that they are not entitled to vote;

• (b) attempt to influence another person to vote knowing that the other person is not entitled to do so;

• (c) knowingly use a forged ballot;

• (d) put a ballot into a ballot box knowing that they are not authorized to do so under the regulations;

• (e) by intimidation or duress, attempt to influence another person to vote or refrain from voting or to vote or refrain from voting for a particular candidate; or

• (f) offer money, goods, employment or other valuable consideration in an attempt to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate.

Marginal note:Prohibition  — elector

17. An elector must not, in connection with an election,

• (a) intentionally vote more than once in respect of any given position of chief or councillor; or

• (b) accept or agree to accept money, goods, employment or other valuable consideration to vote or refrain from voting or to vote or refrain from voting for a particular candidate.

Marginal note:Secrecy of voting

18. Voting at an election is to be conducted by secret ballot.

Marginal note:Prohibition  — elector

19. An elector must not, in connection with an election,

• (a) show their ballot, when marked, to reveal the name of the candidate for whom the elector has voted, other than in accordance with the regulations; or

• (b) in the polling station, openly declare for whom the elector intends to vote or has voted.

POLLING STATIONS

Marginal note:Prohibition

20. A person must not, in connection with an election,

• (a) post or display in, or on the exterior surface of, a polling station any campaign literature or other material that promotes or opposes the election of a particular candidate;

• (b) within hearing distance of a polling station, orally promote or oppose the election of a candidate;

• (c) in a polling station, attempt to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate; or

• (d) act, or incite another person to act, in a disorderly manner with the intention of disrupting the conduct of the vote in a polling station.

Marginal note:Order to leave

• 21. (1) An electoral officer or deputy elector officer may order a person to leave a polling station if the person is committing an offence under this Act that threatens the maintenance of order at the polling station, or if the officer believes on reasonable grounds that a person has done so.

• Marginal note:Obligation

  (2) A person to whom an order is given under subsection (1) must obey it without delay.

Marginal note:Prohibition

22. A person must not, in connection with an election, destroy, take, open or otherwise interfere with a ballot box knowing that they are not authorized to do so under the regulations.

AWARDING OF POSITIONS

Marginal note:Chief and councillor positions

23. The chief and councillor positions of a participating First Nation are awarded to the candidates for those positions who receive the highest number of votes.

Marginal note:Tied vote

24. If it is not possible to award a position under section 23 because there are two or more candidates with the same number of votes, the electoral officer must conduct a draw to break the tie.

BY-ELECTIONS

Marginal note:By-elections

25. If the chief or a councillor of a participating First Nation ceases to hold office more than three months before the day on which their term of office would have expired under subsection 28(1) or section 29, the council of that First Nation may direct that a by-election be held for that position, in accordance with the regulations.

OBSTRUCTION OF ELECTIONS

Marginal note:Prohibition

26. A person must not intentionally obstruct an electoral officer or deputy electoral officer in the performance of their duties.

Marginal note:Prohibition

27. A person must not, in a manner that this Act does not otherwise prohibit, intentionally obstruct the conduct of an election.

TERM OF OFFICE

Marginal note:Term of office

• 28. (1) Subject to subsection (2) and section 29, the chief and councillors of a participating First Nation hold office for four years commencing at the expiry of the term of office of the chief and councillors that they replace.

• Marginal note:Term of office ceases

  (2) A chief or councillor of a participating First Nation ceases to hold office if

  • (a) they are convicted of an indictable offence and sentenced to a term of imprisonment of more than 30 consecutive days;

  • (b) they are convicted of an offence under this Act;

  • (c) they die or resign from office;

  • (d) a court sets aside their election under subsection 35(1); or

  • (e) they are removed from office by means of a petition in accordance with the regulations.

Marginal note:Term of office after by-election

29. A chief or councillor who is elected in a by-election held under section 25 holds office commencing on the date of their election for the remainder of the term of office that they were elected to fill.

CONTESTED ELECTIONS

Marginal note:Means of contestation

30. The validity of the election of the chief or a councillor of a participating First Nation may be contested only in accordance with sections 31 to 35.

Marginal note:Contestation of election

31. An elector of a participating First Nation may, by application to a competent court, contest the election of the chief or a councillor of that First Nation on the ground that a contravention of a provision of this Act or the regulations is likely to have affected the result.

Marginal note:Time limit

32. An application must be filed within 30 days after the day on which the results of the contested election were announced.

Marginal note:Competent courts

33. The following courts are competent courts for the purpose of section 31:

• (a) the Federal Court; and

• (b) the superior court of a province in which one or more of the participating First Nation’s reserves are located.

Marginal note:Service of application

34. An application must be served by the applicant on the electoral officer and all the candidates who participated in the contested election.

Marginal note:Court may set aside election

• 35. (1) After hearing the application, the court may, if the ground referred to in section 31 is established, set aside the contested election.

• Marginal note:Duties of court clerk

  (2) If the court sets aside an election, the clerk of the court must send a copy of the decision to the Minister.

PETITION FOR REMOVAL FROM OFFICE

Marginal note:Prohibition

36. A person must not

• (a) provide money, goods, employment or other valuable consideration to another person for the purpose of obtaining their signature on a petition for the removal from office of a chief or councillor of a participating First Nation; or

• (b) accept money, goods, employment or other valuable consideration in exchange for their signature on such a petition.

OFFENCES

Marginal note:Offences

• 37. (1) Every person is guilty of an offence who contravenes paragraph 16(a) or (b) or 17(a), section 22 or paragraph 36(a).

• Marginal note:Offences to which an additional penalty applies

  (2) Every person is guilty of an offence who contravenes

  • (a) section 10; or

  • (b) section 12, paragraph 14(a), (c) or (e), 16(c), (e) or (f) or 20(d) or section 26 or 27.

• Marginal note:Offences  — subsections 13(2) and 21(2)

  (3) Every person who intentionally contravenes subsection 13(2) or 21(2) is guilty of an offence.

Marginal note:Offences

• 38. (1) Every person is guilty of an offence who contravenes paragraph 16(d), 17(b), 19(b) or 36(b).

• Marginal note:Strict liability offence

  (2) An electoral officer who fails to perform their duty under section 24 or an electoral officer or deputy electoral officer who fails to perform any of their duties under the regulations is guilty of an offence.

• Marginal note:Due diligence defence

  (3) A person is not to be found guilty of an offence under subsection (2) if they establish that they exercised due diligence to prevent the commission of the offence.

• Marginal note:Offences  — paragraphs 14(b) and (d), 19(a) and 20(a) to (c)

  (4) Every person who intentionally contravenes any of paragraphs 14(b) and (d), 19(a) and 20(a) to (c) is guilty of an offence.