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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)

Calling of Elections (continued)

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)
 
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