Indian Act (R.S.C., 1985, c. I-5)

Marginal note:Tenure of office

• 78 (1) Subject to this section, the chief and councillors of a band hold office for two years.

• Marginal note:Vacancy

  (2) The office of chief or councillor of a band becomes vacant when

  • (a) the person who holds that office

    • (i) is convicted of an indictable offence,

    • (ii) dies or resigns his office, or

    • (iii) is or becomes ineligible to hold office by virtue of this Act; or

  • (b) the Minister declares that in his opinion the person who holds that office

    • (i) is unfit to continue in office by reason of his having been convicted of an offence,

    • (ii) has been absent from three consecutive meetings of the council without being authorized to do so, or

    • (iii) was guilty, in connection with an election, of corrupt practice, accepting a bribe, dishonesty or malfeasance.

• Marginal note:Disqualification

  (3) The Minister may declare a person who ceases to hold office by virtue of subparagraph (2)(b)(iii) to be ineligible to be a candidate for chief or councillor of a band for a period not exceeding six years.

• Marginal note:Special election

  (4) Where the office of chief or councillor of a band becomes vacant more than three months before the date when another election would ordinarily be held, a special election may be held in accordance with this Act to fill the vacancy.