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Naskapi and the Cree-Naskapi Commission Act (S.C. 1984, c. 18)

Act current to 2022-01-12 and last amended on 2019-07-15. Previous Versions

PART IIBand Elections (continued)

Returning Officers (continued)

Marginal note:Eligibility to be appointed

 A person is not eligible to be appointed a Returning Officer or a Deputy or Assistant Returning Officer if he

  • (a) is not of the age of majority under the laws of the Province;

  • (b) is undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or

  • (c) has, at any time, been convicted of contravening a regulation made under paragraph 67(1)(b).

Marginal note:Circumstances in which office becomes vacant

 A Returning Officer or Deputy or Assistant Returning Officer ceases to hold office forthwith if he

  • (a) is convicted of contravening a regulation made under paragraph 67(1)(b);

  • (b) commences a term of imprisonment as a result of having been convicted of an indictable offence; or

  • (c) is under curatorship under the laws of the Province.

  • 1984, c. 18, s. 73
  • 2018, c. 4, s. 41

Calling of Elections

Marginal note:Meaning of general election

  •  (1) Where a general election of the band is held, the term of office of every council member expires on the day of that general election.

  • Marginal note:Band may call general election

    (2) The band may hold a general election at any time.

  • 1984, c. 18, s. 74
  • 2018, c. 4, s. 122(E)

Marginal note:Electors may request general election

  •  (1) Any ten electors of the band may, subject to subsection (2), file a petition with the band secretary requesting that a special band meeting be convened for the purpose of deciding whether a general election of the band should be held.

  • Marginal note:Limitation

    (2) A petition may not be filed under subsection (1) within one year after the previous general election or within one year after the filing of the most recent valid petition under that subsection.

  • Marginal note:Electors may require band to call general election

    (3) Within ten days after the filing of a valid petition under this section, the band shall call a special band meeting, to be held as soon as possible, for the purpose of deciding whether a general election of the band shall be held, and if, at that special band meeting,

    • (a) at least fifty per cent of the electors of the band vote on that question,

    • (b) the majority of those voting vote in favour of holding a general election, and

    • (c) the majority referred to in paragraph (b) consists of at least one-third of the total number of electors of the band,

    the band shall forthwith hold a general election.

  • 1984, c. 18, s. 75
  • 2018, c. 4, s. 122(E)

Marginal note:Individual election

  •  (1) The band shall hold an election for a position of council member forthwith after the expiration of the term of office of that council member.

  • Marginal note:Idem

    (2) Where a position of council member becomes vacant more than six months before the expiration of the term of office of that council member, the band shall forthwith hold an election for that position.

  • Marginal note:Idem

    (3) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, the band may hold an election for that position.

  • Marginal note:Where no quorum due to vacancies

    (4) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, and that vacancy results in there being in office less than the number of council members required to constitute a quorum under subsection 33(1), the band shall, unless it holds an election for that position or a general election, hold an ordinary band meeting within ten days for the purpose of appointing a sufficient number of council members to restore the quorum.

  • Marginal note:Method of appointment

    (5) The appointment of council members referred to in subsection (4) shall be made by a vote of the electors of the band.

  • Marginal note:Eligibility rules apply

    (6) Section 68 applies, with such modifications as the circumstances require, to appointments pursuant to subsection (5).

  • Marginal note:Term of appointed council member

    (7) A council member appointed pursuant to subsection (5) remains in office for the balance of the term in respect of which the vacancy occurred.

  • 1984, c. 18, s. 76
  • 2018, c. 4, s. 122(E)

Marginal note:Where band fails to hold election

  •  (1) Where the band fails to hold an election pursuant to subsection 75(3) or subsection 76(1) or (2) within ten days after its obligation to do so has arisen, the Returning Officer of the band shall hold the election in question.

  • Marginal note:Idem

    (2) Where the band fails to hold an election or a special band meeting pursuant to subsection 76(4) within ten days after its obligation to do so has arisen, the Returning Officer of the band shall hold the election or special band meeting.

  • 1984, c. 18, s. 77
  • 2018, c. 4, s. 122(E)

Contestation of election results

Marginal note:Contestation of election

  •  (1) Any candidate for election as council member or any 15 electors of the band may, within five days of the day of any election held by the band, contest the election of any council member or council members elected thereat by submitting to the Returning Officer a written notice to that effect.

  • Marginal note:Grounds for contesting election

    (2) The election of a council member may be contested on the grounds that

    • (a) a regulation made under paragraph 67(1)(b) was contravened in respect of the election of that council member, whether or not anyone has been prosecuted or convicted for such contravention;

    • (b) there was non-compliance with this Act, a by-law made under section 64 or a regulation made under paragraph 67(1)(a) in respect of the election of that council member; or

    • (c) the person elected council member was ineligible to be elected to that office.

  • Marginal note:Petition to judge

    (3) On receipt of a notice under subsection (1), the Returning Officer shall, within two weeks, prepare and submit to a judge of the Provincial Court or Superior Court of Quebec (hereinafter in this section referred to as “the judge”) a petition in prescribed form setting out the name of the person or persons whose election is being contested, the name of the person or persons contesting the election and the grounds on which the election is being contested.

  • Marginal note:Deposit must accompany petition

    (4) A petition described in subsection (3) must be accompanied by a deposit of two hundred dollars, which, except as provided in subsection (5), shall be refunded to the person or persons contesting the election forthwith after the judge has made a decision on the petition, whether or not the judge declares the election invalid.

  • Marginal note:When deposit forfeited

    (5) Where the judge is of the opinion that the petition was not made in good faith, he may order the deposit forfeited and, where he so orders, the moneys forfeited shall be applied toward the cost of the court proceedings.

  • Marginal note:Inquiry into allegations

    (6) The judge shall inquire into the correctness of the allegations contained in the petition, and for such purposes may exercise all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Judge may declare election invalid

    (7) Where, after hearing the petition, the judge is satisfied, in respect of the election of one or more council members whose election has been contested, that a ground for contestation contained in the petition has been established and that, in the case of the grounds described in paragraph (2)(a) or (b), the offence or non-compliance materially affected the result of the election, he shall declare invalid the election of the council member or council members in respect of whose election he is so satisfied.

  • Marginal note:Duplication barred

    (8) The election of any particular council member cannot be contested a second time on the same ground in respect of the same election.

  • Marginal note:Effect on office-holder

    (9) A council member whose election is contested under this section is entitled to remain in office until such time as the judge has declared his election invalid under subsection (7).

  • 1984, c. 18, s. 78
  • 2018, c. 4, s. 42(E)

PART IIIMeetings and Referenda of the Band

Marginal note:Who may attend band meetings

 Only electors of the band have a right to attend ordinary band meetings and special band meetings, but other persons may attend with the permission of the band.

Marginal note:Use of Naskapi language

 In addition to any other rights relating to the use of the Naskapi language, the band may conduct ordinary band meetings, special band meetings and referenda in the Naskapi language.

  • 1984, c. 18, s. 80
  • 2018, c. 4, s. 43

Marginal note:Each elector may vote

 Each elector of the band is entitled to vote in respect of any matter submitted to a vote at an ordinary band meeting, special band meeting or referendum.

  • 1984, c. 18, s. 81
  • 2018, c. 4, s. 44(E)

Ordinary Band Meetings

Marginal note:Ordinary band meetings

  •  (1) The band shall hold at least one ordinary band meeting each calendar year.

  • Marginal note:By-laws respecting ordinary band meetings

    (2) The band may make by-laws respecting ordinary band meetings, including, without limiting the generality of the foregoing, by-laws respecting the calling of meetings, the conduct of meetings, quorums, voting, and the preparation and keeping of records of votes taken.

  • 1984, c. 18, s. 82
  • 2018, c. 4, s. 122(E)

Special Band Meetings and Referenda

Marginal note:Requirements for approval of measures

  •  (1) Except as provided in subsections 75(3) and 144(1), a matter shall be deemed to have been approved by the electors of the band at a special band meeting or referendum if

    • (a) the required minimum percentage of electors voted on the matter; and

    • (b) the majority of those voting voted in favour of the matter.

  • Marginal note:Abstentions

    (2) In any vote at a special band meeting or referendum, an elector who does not cast an affirmative vote or a negative vote or who spoils his ballot shall be deemed not to have voted.

  • 1984, c. 18, s. 83
  • 2018, c. 4, s. 122(E)

Marginal note:Notice of special band meeting or referendum

 Where the band wishes to hold a special band meeting or a referendum, it shall cause to be posted in a public place in the community, at least ten days prior to the date fixed for such meeting or referendum, a notice specifying the date, time and place of the special band meeting or referendum and containing a brief description of the matters to be decided at that special band meeting or referendum.

  • 1984, c. 18, s. 84
  • 2018, c. 4, s. 122(E)

Marginal note:Presiding officer

  •  (1) A presiding officer shall be appointed by the band for any special band meeting or referendum.

  • Marginal note:Duties of presiding officer

    (2) A presiding officer appointed pursuant to subsection (1) is responsible for the fair and orderly conduct of the special band meeting or referendum, and for the preparation of a statement, attested to by at least one witness, certifying the results of the special band meeting or referendum.

  • Marginal note:Preservation of fair and orderly conduct

    (3) The presiding officer may take such measures as are necessary to ensure the fair and orderly conduct of a special band meeting or referendum, and may cause any person engaging in disorderly conduct to be ejected from a special band meeting.

  • Marginal note:Assistants

    (4) The presiding officer may engage such other persons as are necessary to assist him in carrying out his duties under subsections (2) and (3).

Marginal note:Band by-laws re special band meetings and referenda

  •  (1) The band may make by-laws respecting special band meetings and referenda, including, without limiting the generality of the foregoing, by-laws respecting the calling of meetings and referenda, the conduct of meetings and referenda, voting at meetings and in referenda, and the preparation and keeping of records of votes taken.

  • Marginal note:By-laws raising percentage voting requirements

    (2) Where a provision of this Act, other than subsection (3), stipulates that a matter requires the approval of the electors of the band at a special band meeting or referendum at which a specified minimum percentage of the electors must vote on the matter, the band may make by-laws, subject to subsection (3), fixing a different minimum percentage, not lower than that specified in the relevant provision of this Act.

  • Marginal note:Percentage vote required for by-law under subsection (2)

    (3) A by-law made under subsection (2) requires the approval of the electors of the band at a special band meeting or referendum at which the same minimum percentage of electors voted on the matter as the minimum specified in the relevant provision of this Act referred to in that subsection.

  • Marginal note:Copy of by-law to Minister

    (4) The band shall forward to the Minister a copy of any by-law made under this section, within thirty days after its enactment.

  • 1984, c. 18, s. 86
  • 2018, c. 4, s. 122(E)

Marginal note:Regulations respecting special band meetings and referenda

  •  (1) The Governor in Council may make regulations respecting special band meetings and referenda, including, without limiting the generality of the foregoing, regulations respecting any of the specific matters referred to in subsection 86(1).

  • Marginal note:Where regulations apply

    (2) The regulations made under subsection (1) apply in respect of a special band meeting or referendum only if, at the time of the calling of that special band meeting or referendum, there is not in force any applicable by-law made under subsection 86(1).

Marginal note:Where regulation or by-law not complied with

 Non-compliance with a by-law made under section 86 or a regulation made under section 87 does not affect the validity of the result of a vote unless such non-compliance materially affected that result.

PART IVFinancial Administration

Marginal note:Fiscal year of band

  •  (1) The fiscal year of the band begins on April 1 of each year and ends on March 31 of the following year, unless otherwise provided by by-law made pursuant to subsection (2).

  • Marginal note:By-law changing fiscal year

    (2) The band may, by by-law,

    • (a) adopt a fiscal year different from that provided for in subsection (1); or

    • (b) where the band has adopted a different fiscal year pursuant to paragraph (a), revert to the fiscal year provided for in subsection (1).

  • Marginal note:Transition between old and new fiscal years

    (3) Where a by-law is made under subsection (2), the fiscal year provided for in the by-law cannot commence until after the end of the fiscal year in which the by-law came into force.

  • Marginal note:Idem

    (4) Where a by-law is made under subsection (2), the period between the end of the fiscal year in which the by-law came into force and the commencement of the fiscal year provided for in the by-law shall be deemed to be a separate fiscal year for the purposes of this Part.

  • 1984, c. 18, s. 89
  • 2018, c. 4, s. 122(E)
 
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