First Nations Oil and Gas and Moneys Management Voting Regulations (SOR/2006-254)

Notice to Minister

Marginal note:Notice to Minister

10 The council of the first nation must send to the Minister after the information meeting is held, but before the vote, the following information and documents about the information meeting:

• (a) the time when the meeting was held and the place where it was held;

• (b) the names and addresses of the legal adviser and the financial adviser who were present; and

• (c) written confirmation, signed by the legal adviser and the financial adviser, that they advised the eligible voters about the subjects referred to in subsection 9(3).

Preparation for Vote

Marginal note:Duties of electoral officer

11 The electoral officer or the deputy electoral officers must

• (a) prepare sufficient ballots stating the question to be submitted to the eligible voters and ensure that the initials of the electoral officer or a deputy electoral officer are placed on the back of each ballot;

• (b) procure a sufficient number of ballot boxes; and

• (c) before the polls are opened, cause the ballots and a sufficient number of lead pencils for marking the ballots to be delivered to the polls.

Voting by Mail-in Ballot

Marginal note:How to vote

• 12 (1) An eligible voter may vote by mail-in ballot by

  • (a) marking the ballot by placing a cross, check mark or other mark, clearly indicating the eligible voter’s response to the question that is the subject of the vote;

  • (b) folding the ballot in a manner that conceals the question and any marks but exposes the initials on the back;

  • (c) placing the ballot in the inner envelope and sealing that envelope;

  • (d) completing the voter declaration form and signing the completed form in the presence of a witness who is at least 18 years of age;

  • (e) placing the inner envelope and the completed, signed and witnessed voter declaration form in the outer envelope; and

  • (f) delivering or, subject to subsection (6), mailing the outer envelope to the electoral officer before the time at which the polls close on the day of the vote.

• Marginal note:Assistance if required

  (2) An eligible voter who is unable to vote in the manner set out in subsection (1) may enlist the assistance of another person to mark the ballot and complete and sign the voter declaration form in accordance with subsection (1).

• Marginal note:Matters to be witnessed

  (3) A witness referred to in paragraph (1)(d) must attest to

  • (a) the fact that the person signing the voter declaration form is the person whose name is set out on the form; or

  • (b) if the eligible voter enlisted the assistance of another person under subsection (2), the fact that the eligible voter is the person whose name is set out on the form and that the ballot was marked according to the directions of the eligible voter.

• Marginal note:Replacing spoiled ballot

  (4) An eligible voter who inadvertently spoils a mail-in ballot may obtain another ballot by returning the spoiled ballot to the electoral officer.

• Marginal note:Replacing ballot lost or not received

  (5) An eligible voter who loses or has not received a mail-in ballot may obtain another ballot by delivering to the electoral officer a written affirmation that the eligible voter has lost or has not received the mail-in ballot, signed by the eligible voter in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

• Marginal note:Deadline

  (6) Mail-in ballots that are not received by the electoral officer before the time at which the polls close on the day of the vote are void and must not be counted as votes cast.

Voting at Polling Stations

Marginal note:Requirement for polling station

13 The electoral officer must establish at least one polling station on the reserve.

Marginal note:Privacy for voting

14 The electoral officer or a deputy electoral officer must provide a compartment at each polling place where the eligible voter can mark his or her ballot free from observation.

Marginal note:Ballot box

15 The electoral officer or a deputy electoral officer must, immediately before the opening of the poll, open the ballot box and call on those persons who are present to witness that it is empty and must then lock the ballot box and seal it — so as to ensure that any opening of the ballot box will be made obvious by a disturbance to the seal — using one of the following:

• (a) a mechanical device;

• (b) adhesive tape or seal; or

• (c) any other method that achieves the same result.

Marginal note:Hours for polling stations

• 16 (1) Polling stations must be kept open from 9:00 a.m., local time, until 8:00 p.m., local time, on the day of the vote.

• Marginal note:Presence at closing time

  (2) An eligible voter who is inside a polling station at the time that the polling station is to close is entitled to vote.

Marginal note:Provision of ballot

• 17 (1) Subject to subsection 7(5), if a person whose name is set out on the voters list attends at a polling station for the purpose of voting, the electoral officer or a deputy electoral officer must provide the person with a ballot.

• Marginal note:Marking voters list

  (2) The electoral officer or a deputy electoral officer must place on the voters list a mark opposite the name of every eligible voter receiving a ballot.

• Marginal note:Change in voting method

  (3) An eligible voter to whom a mail-in ballot was mailed, delivered or provided under subsection 7(1) or (3) may obtain a ballot and vote in person at a polling station if

  • (a) the eligible voter returns the mail-in ballot to the electoral officer or a deputy electoral officer; or

  • (b) if the eligible voter has lost or has not received the mail-in ballot, the eligible voter provides the electoral officer or a deputy electoral officer with a written affirmation that the eligible voter has lost or has not received the mail-in ballot, signed by the eligible voter in the presence of the electoral officer, a deputy electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

Marginal note:Explanation of mode of voting

• 18 (1) The electoral officer or a deputy electoral officer must explain the mode of voting to an eligible voter when requested to do so by the eligible voter.

• Marginal note:Assistance in voting

  (2) At the request of an eligible voter who is not able to read or who is incapacitated by blindness or other physical cause, the electoral officer or a deputy electoral officer must assist the eligible voter by marking the eligible voter’s ballot in the manner directed by the eligible voter and must place the ballot in the ballot box.

• Marginal note:Record of assistance

  (3) The electoral officer or a deputy electoral officer must make an entry on the voters list opposite the name of the eligible voter indicating that the ballot was marked by him or her at the request of the eligible voter and the reasons for the request.

Marginal note:Voting procedure

19 Except as provided in subsection 18(2), every eligible voter receiving a ballot must

• (a) proceed immediately to the compartment provided for marking the ballot;

• (b) mark the ballot by placing a cross, check mark or other mark, clearly indicating the eligible voter’s response to the question that is the subject of the vote;

• (c) fold the ballot in a manner that conceals the question and any marks but exposes the initials on the back; and

• (d) deliver it without delay to the electoral officer or a deputy electoral officer for deposit in the ballot box.

Marginal note:Replacement ballot

• 20 (1) An eligible voter who receives a soiled or improperly printed ballot, or who inadvertently spoils his or her ballot in marking it, and who returns the ballot to the electoral officer or a deputy electoral officer is entitled to another ballot.

• Marginal note:Forfeiting right to vote

  (2) An eligible voter who receives a ballot forfeits his or her right to vote if he or she

  • (a) leaves the compartment for marking ballots without delivering the ballot to the electoral officer or a deputy electoral officer in the manner provided; or

  • (b) refuses to vote.

• Marginal note:Recording the event

  (3) In a case described in subsection (2), the electoral officer or a deputy electoral officer must make an entry on the voters list opposite the name of the eligible voter indicating that the eligible voter did not return the ballot or refused to vote, as the case may be.

Marginal note:Voting compartment

21 The electoral officer or a deputy electoral officer must allow only one eligible voter in the compartment for marking ballots at any one time.

Marginal note:Prohibition on interference

• 22 (1) No person may interfere or attempt to interfere with an eligible voter when the eligible voter is marking his or her ballot.

• Marginal note:Prohibition on obtaining information

  (2) No person may obtain or attempt to obtain at the polling place information as to how an eligible voter is about to vote or has voted.

Marginal note:Interpreter

23 If the electoral officer or a deputy electoral officer does not understand the language spoken by an eligible voter, the electoral officer or the deputy electoral officer must enlist the aid of an interpreter to communicate with respect to all matters required to enable that eligible voter to vote.

Counting Votes

Marginal note:Mail-in ballots

24 After the close of the polls, the electoral officer must, in the presence of a deputy electoral officer and any members of the council of the first nation who are present, open each envelope containing a mail-in ballot that was received before the close of the polls and, without unfolding the ballot,

• (a) set aside the ballot if

  • (i) it is not accompanied by a voter declaration form or the voter declaration form is not signed or witnessed,

  • (ii) the name of the eligible voter set out in the voter declaration form is not on the voters list, or

  • (iii) the voters list shows that the eligible voter has already voted; or

• (b) place a mark on the voters list opposite the name of the eligible voter set out on the voter declaration form and deposit the ballot in a ballot box.

Marginal note:Procedure on opening ballot boxes

• 25 (1) After the mail-in ballots have been deposited under section 24, the electoral officer must, in the presence of a deputy electoral officer and any members of the council of the first nation who are present, open all ballot boxes and

  • (a) examine the ballots;

  • (b) set aside any ballot that does not have the initials of the electoral officer or a deputy electoral officer on the back;

  • (c) reject all ballots

    • (i) that have been marked incorrectly, or

    • (ii) on which anything appears by which an eligible voter can be identified;

  • (d) count the votes cast in favour of and against the question submitted in the vote; and

  • (e) prepare a statement in writing of the number of votes so cast and of the number of ballots rejected.

• Marginal note:Signing and filing statement

  (2) The statement referred to in paragraph (1)(e) must be

  • (a) signed by the electoral officer and by the chief or a member of the council of the first nation; and

  • (b) filed in the regional office of the Department of Indian Affairs and Northern Development.

Marginal note:Void ballots

26 A ballot set aside under paragraph 24(a) or 25(1)(b) or rejected under paragraph 25(1)(c) is void and must not be counted as a vote cast.