First Nations Elections Regulations (SOR/2015-86)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the First Nations Elections Act. (Loi)

  quorum

  quorum, in relation to the council of a First Nation, means a majority of the members of the council, or five members if the council consists of nine or more members. (quorum)

  Register number

  Register number means the number assigned to a person registered under section 5 of the Indian Act. (numéro de registre)

• Marginal note:Indian Act

  (2) Unless the context otherwise requires, other words and expressions used in these Regulations have the same meaning as in the Indian Act.

Electoral Officer and Deputy Electoral Officers

Marginal note:Appointment of electoral officer

• 2 (1) The council of the First Nation must, by resolution, appoint an electoral officer or, if it is not possible for the council to form a quorum, the Minister must appoint an electoral officer, who

  • (a) has not been found guilty of an offence under the Act within the last two years before the appointment; and

  • (b) is certified in accordance with subsection (2).

• Marginal note:Certification

  (2) A person is certified if they successfully complete a training program that is approved by the Minister on the responsibilities of the electoral officer under the Act and these Regulations.

• Marginal note:Revocation of certification

  (3) The certification is revoked if the electoral officer is found guilty of an offence under the Act.

• Marginal note:Appointment of deputy electoral officer

  (4) The electoral officer may appoint one or more deputy electoral officers.

Voters List

Marginal note:Provision of information

• 3 (1) At least 65 days before the day on which an election is to be held

  • (a) the First Nation must provide the electoral officer with the information set out in subsection (2), if the First Nation holding the election has assumed control of its own membership under section 10 of the Indian Act; and

  • (b) the Registrar must provide the electoral officer with the information set out in subsection (2), if the Band List of the First Nation holding the election is maintained in the Department under section 11 of the Indian Act.

• Marginal note:Compilation of list

  (2) The electoral officer must compile a voters list that contains the following information:

  • (a) the names of all electors, in alphabetical order; and

  • (b) each elector’s band membership or Register number or, if the elector does not have a band membership or Register number, their date of birth.

• Marginal note:Revision of list

  (3) The electoral officer must revise the voters list if it is demonstrated that

  • (a) an elector’s name has been omitted from the list;

  • (b) an elector’s name is incorrectly set out in the list; or

  • (c) the name of a person not entitled to vote is included in the list.

• Marginal note:Demonstration of omission and inclusion

  (4) For the purposes of subsection (3),

  • (a) a person may demonstrate that an elector’s name has been omitted from, or incorrectly set out in, the voters list by presenting to the electoral officer written evidence from the Registrar or from the First Nation that the elector is in the Band List and will be at least 18 years of age on the day of the election; and

  • (b) a person may demonstrate that the name of a person not entitled to vote has been included in the voters list by presenting to the electoral officer written evidence that that person is not in the Band List or will not be a least 18 years of age on the day of the election.

Marginal note:Addresses

• 4 (1) At least 65 days before the day on which an election is to be held, the First Nation must provide the electoral officer with a list setting out the last known postal address and email address of each elector who does not reside on the reserve.

• Marginal note:Provision of electors’ names and addresses

  (2) On the request of a candidate for election as chief or councillor, the electoral officer must provide the candidate with a list of the names of electors and the address of any elector who has consented to have their address released to the candidates.

Nomination Meeting

Marginal note:Notice of nomination meeting

• 5 (1) At least 25 days before the day on which a nomination meeting is to be held, the electoral officer must

  • (a) post a notice of the nomination meeting and a list of the names of electors in one conspicuous place on the reserve; and

  • (b) send by mail and email a notice of the nomination meeting, a voter declaration form and a form on which the elector may request a mail-in ballot to the addresses provided under subsection 4(1).

• Marginal note:Content of notice

  (2) A notice of a nomination meeting must contain the following information:

  • (a) the date, time, duration and location of the nomination meeting;

  • (b) the number of positions to be filled;

  • (c) a description of the manner in which an elector can nominate a candidate or second the nomination of a candidate;

  • (d) a statement that an elector must not nominate more than one candidate for each position to be filled in accordance with subsection 9(4) of the Act;

  • (e) the date on which the election is to be held and the location and hours of operation of each polling station;

  • (f) the date on which any advance poll will be held and the location and hours of operation of each advance polling station;

  • (g) the electoral officer’s name, phone number, fax number, postal address and email address;

  • (h) a statement that the elector may permit the electoral officer to release their address to the candidates;

  • (i) a statement that, if the elector wants to receive a mail-in ballot, they must make a written request to the electoral officer;

  • (j) if the council of the First Nation has, by resolution, imposed a candidacy fee under section 8, a statement that sets out the fee to be paid by each candidate; and

  • (k) a statement that a nominee who wishes to become a candidate must remit to the electoral officer or deputy electoral officer, by 6 p.m. on the third day following the day on which the nomination meeting closes,

    • (i) a signed declaration accepting the nomination and attesting to their eligibility to be a candidate under the Act, and

    • (ii) any applicable candidacy fee, in the form of cash, certified cheque, money order or electronic transfer payable to the electoral officer.

• Marginal note:Record of names

  (3) The electoral officer must record the names of electors to whom a notice of the nomination meeting was sent or delivered, the postal address and email address of those electors and the date on which the notice was sent or delivered.

• Marginal note:Voter declaration form

  (4) A voter declaration form must be signed by the elector and attest to the following information:

  • (a) the elector’s name;

  • (b) the name of the elector’s band and the elector’s Register or band membership number; and

  • (c) the elector’s date of birth.

• Marginal note:Witness

  (5) A voter declaration form must contain the name, address, telephone number and signature of a witness who is at least 18 years of age and who attests to the fact that the person completing and signing the voter declaration form is the person whose name is set out in the form.

• Marginal note:Witness

  (6) The voter declaration form of the elector who enlisted the assistance of another person under subsection 17(2) must be signed by a witness that attests to the fact that the elector is the person whose name is set out in the form and that the ballot was marked in the manner directed by the elector.

Marginal note:Nomination of candidates

• 6 (1) An elector may nominate a candidate and second the nomination of a candidate,

  • (a) by delivering or sending by mail, email or fax to the electoral officer a nomination and a voter declaration form; or

  • (b) by orally nominating the candidate or seconding the nomination of the candidate at the nomination meeting.

• Marginal note:Witness

  (2) The witness to the elector’s signature appearing on the voter declaration form is not to be considered a seconder to the nomination.

• Marginal note:Mailed nominations

  (3) Mailed nominations that are not received by the electoral officer before the beginning of the nomination meeting are void.

Marginal note:Nomination meeting

• 7 (1) A nomination meeting for an election must be held at least 35 days before the date of the election.

• Marginal note:Reading nominations

  (2) At the beginning of the nomination meeting, the electoral officer must read aloud the nominations that have been received.

• Marginal note:Two nominations

  (3) If the same person receives two written nominations for the same position, the second nomination is considered to second the first nomination.

• Marginal note:Duration

  (4) A nomination meeting must remain open for at least three hours.

Candidates

Marginal note:Candidacy fee

8 The council of a First Nation may by resolution impose a candidacy fee of up to $250 on every candidate for election as chief or councillor.

Marginal note:Declaration and fee

• 9 (1) To become a candidate, a nominee must remit to the electoral officer or deputy electoral officer, by 6 p.m. on the third day following the day on which the nomination meeting closes,

  • (a) a signed declaration accepting the nomination for no more than one of the positions for which they have been nominated and attesting to their eligibility to be a candidate under the Act; and

  • (b) if the council of a First Nation has passed a resolution referred to in section 8, the candidacy fee, in the form of cash, certified cheque, money order or electronic transfer payable to the electoral officer.

• Marginal note:In trust

  (2) The electoral officer must hold the candidacy fees in trust.

Marginal note:Withdrawal of candidacy

• 10 (1) A candidate may withdraw their candidacy at any time prior to the close of the polls by submitting to the electoral officer a written declaration of withdrawal, signed by the candidate in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

• Marginal note:Death of candidate

  (2) A candidate who dies before the close of the polls is considered to have withdrawn their candidacy.

• Marginal note:Candidacy fee

  (3) A candidate who withdraws forfeits the candidacy fee and is considered to have received no votes.

Elections

Marginal note:Close of nomination meeting

11 As soon as feasible after the deadline set out in subsection 9(1) expires, the electoral officer must

• (a) if there is only one candidate for chief, declare that person to be elected by acclamation;

• (b) if the number of candidates for councillor does not exceed the number of positions to be filled, declare those persons to be elected by acclamation;

• (c) if there are more candidates than the number of positions to be filled, announce that an election will be held on the date set out in the notice referred to in paragraph 5(2)(e); and

• (d) if, after candidates have been declared elected in accordance with paragraph (a) or (b), the number of positions filled is less than the number of positions that are required to be filled for the council of the First Nation to have quorum, post and send a notice of another nomination meeting in the manner described in subsection 5(1).