Marginal note:Dual procedure
39. (1) Every person who is guilty of an offence under section 37 is liable
(a) on conviction on indictment, to a fine of not more than $5,000 or to imprisonment for a term of not more than five years, or to both; or
(b) on summary conviction, to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Summary conviction
(2) Every person who is guilty of an offence under section 38 is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.
Marginal note:Additional penalty
40. Any person who is convicted of an offence under paragraph 37(2)(a), or any candidate who is convicted of an offence under paragraph 37(2)(b), in addition to any other punishment for that offence prescribed by this Act, is not eligible to be elected as chief or councillor of a participating First Nation during the five years after the date of conviction.
41. The Governor in Council may make regulations with respect to elections, including regulations respecting
(a) the appointment, powers, duties and removal of electoral officers and deputy electoral officers;
(b) the requirement that electoral officers be certified, the certification process and the grounds for withdrawing certification;
(c) the manner of identifying electors of a participating First Nation;
(d) the manner in which candidates may be nominated;
(e) the imposition, by participating First Nations, of a fee on each candidate in accordance with section 11;
(f) the manner in which voting is to be carried out, including
(i) permitting the electoral officer to establish polling stations and advance polling stations,
(ii) procedures for obtaining and using mail-in ballots, and
(iii) the counting of votes;
(g) the removal from office of a chief or councillor of a participating First Nation by means of a petition, including
(i) the percentage of electors of that First Nation who must sign that petition, and
(ii) the period during which that petition is to be filed;
(h) the holding of by-elections; and
(i) anything else that by this Act is to be prescribed.
REMOVAL FROM SCHEDULE
Marginal note:Removing a participating First Nation from the schedule
42. (1) If a participating First Nation’s council has provided to the Minister a proposed community election code and a resolution requesting that the name of that First Nation be removed from the schedule, the Minister may, by order, remove the name from the schedule if
(a) the code establishes a procedure for its amendment;
(b) the code and the request were approved by a majority of the votes cast in a secret vote in which a majority of the electors of that First Nation participated;
(c) the code has been published by that First Nation on a website maintained by or for it or in the First Nations Gazette; and
(d) there are no outstanding charges under this Act against any member of that First Nation.
Marginal note:Effective date of community election code
(2) The community election code comes into force on the day on which the Minister’s order is made.
(3) Amendments to the community election code come into force on the day on which they are published by the First Nation on a website maintained by or for it or in the First Nations Gazette.
Marginal note:Statutory Instruments Act
(4) The community election code is not subject to the Statutory Instruments Act.
Marginal note:Meaning of “community election code”
(5) In this section, “community election code” means a written code that sets out rules regarding the election of the chief and councillors of a First Nation.
R.S., c. I-5CONSEQUENTIAL AMENDMENT TO THE INDIAN ACT
(b) in the case of a band that is named in the schedule to the First Nations Elections Act, the council elected or in office in accordance with that Act,
(c) in the case of a band whose name has been removed from the schedule to the First Nations Elections Act in accordance with section 42 of that Act, the council elected or in office in accordance with the community election code referred to in that section, or
(d) in the case of any other band, the council chosen according to the custom of the band, or, if there is no council, the chief of the band chosen according to the custom of the band;
COMING INTO FORCE
Marginal note:Order in council
44. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
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