First Nations Elections Act (S.C. 2014, c. 5)

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.

• Marginal note:Amendments

  (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.

• 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.