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

Act current to 2020-09-09 and last amended on 2019-07-15. Previous Versions

PART IIBand Elections (continued)

Eligibility to be Elected and to Serve as Council Member

Marginal note:Eligibility to be elected council member

 Any elector of the band is eligible to be elected to the office of council member of the band unless he or she

  • (a) has been convicted of contravening a regulation made under paragraph 67(1)(b) within the two year period preceding the date fixed for the holding of the election for that office or, where the most recent election for that office took place before that two year period, in respect of the most recent election for that office;

  • (b) has been appointed as a Returning Officer or as a Deputy or Assistant Returning Officer in respect of the election for that office;

  • (c) is the band secretary or band treasurer referred to in section 41;

  • (d) is a judge to which the Judges Act applies or is a Crown prosecutor;

  • (e) is, on the day fixed for the holding of the election for that office, undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or

  • (f) resides on the Matimekosh Reserve.

  • 1984, c. 18, s. 68
  • 2018, c. 4, s. 38

Marginal note:Circumstances in which office becomes vacant

 Apart from general elections referred to in section 74, an office of council member becomes vacant immediately on the occurrence of one of the following events, and only the following events:

  • (a) the election of the office-holder to that office is declared invalid pursuant to subsection 78(7);

  • (b) the office-holder

    • (i) dies or submits his resignation in writing to the council,

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

    • (iii) is appointed band secretary or band treasurer pursuant to section 41,

    • (iv) is appointed a judge to which the Judges Act applies or a Crown prosecutor,

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

    • (vi) is under curatorship under the laws of the Province;

  • (c) the office-holder’s term of office expires, whether pursuant to this Act, a by-law made under section 64 or regulations made under paragraph 67(1)(a);

  • (d) the office-holder resides on the Matimekosh Reserve; or

  • (e) the office is declared vacant pursuant to section 70.

  • 1984, c. 18, s. 69
  • 2018, c. 4, s. 39

Marginal note:Removal of council member for absence

  •  (1) Where a council member has, without permission from the council, been absent from three or more consecutive council meetings otherwise than by reason of illness or incapacity, any fifteen electors of the band may file a petition with the band secretary requesting that a special band meeting be convened for the purpose of deciding whether the office of that council member should be declared vacant.

  • Marginal note:Electors to decide question

    (2) Forthwith after the filing of a petition under subsection (1), the band shall call a special band meeting, to be held as soon as possible, for the purpose of deciding whether the office of the council member in question should be declared vacant, and if, with at least twenty per cent of the electors of the band voting on the question, the special band meeting decides that that office should be declared vacant, that office thereupon becomes vacant.

Returning Officers

Marginal note:Returning Officers

  •  (1) The band shall appoint a person who is not a council member as Returning Officer, and shall fix his or her tenure and term of office.

  • Marginal note:Deputy and Assistant Returning Officers

    (2) The Returning Officer shall appoint a Deputy Returning Officer and may appoint any Assistant Returning Officers who are necessary to assist him or her in the performance of his or her duties.

  • Marginal note:Absence, etc., of Returning Officer

    (3) Where the Returning Officer is absent or incapacitated or the office of Returning Officer is vacant, the Deputy Returning Officer has and may exercise all the powers and duties of the Returning Officer.

  • Marginal note:Absence, etc., of both Returning Officer and Deputy Returning Officer

    (4) In the event of the absence or incapacity of both the Returning Officer and the Deputy Returning Officer or if both such offices are vacant, the band secretary has and may exercise all the powers and duties of the Returning Officer.

  • 1984, c. 18, s. 71
  • 2018, c. 4, s. 40(E)

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)
 
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