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First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases) (SOR/2020-84)

Regulations are current to 2021-04-20 and last amended on 2021-04-08. Previous Versions

First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases)

SOR/2020-84

FIRST NATIONS ELECTIONS ACT

INDIAN ACT

Registration 2020-04-08

First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases)

P.C. 2020-240 2020-04-07

Whereas the Governor in Council is of the opinion that there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19) and the introduction or spread of COVID-19 poses an imminent and severe risk to public health in Canada;

Whereas some First Nations had begun or were about to begin the process of electing their chief and councillors;

Whereas some First Nations have cancelled or postponed elections to avoid the introduction or spread of COVID-19 and some do not or will not have a council in place at the end of the tenure of the chief and councillors;

And whereas it is necessary to ensure continuance of governance of First Nations during the outbreak and spread of COVID-19;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indigenous Services, makes the annexed First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases) pursuant to

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

council

council has the meaning assigned by the definition council of the band in subsection 2(1) of the Indian Act. (conseil)

election

election has either the same meaning as in section 2 of the Indian Band Election Regulations or the same meaning as in section 2 of the First Nations Elections Act, as applicable. (élection)

First Nation

First Nation has the meaning assigned by the definition band in subsection 2(1) of the Indian Act. (première nation)

Elections under the Indian Act

Marginal note:Extension of tenure

  •  (1) Despite subsection 78(1) of the Indian Act, if the extension is necessary to prevent, mitigate or control the spread of diseases on the reserve, the council of a First Nation whose chief and councillors are elected under that Act may, within 90 days before the day on which a tenure of office of the chief and councillors ends, extend that tenure.

  • Marginal note:Measure to be taken

    (2) A council that extends the tenure of the chief and councillors must at the same time either

    • (a) cancel the election in accordance with subsection (3); or

    • (b) postpone the election in accordance with subsection (4).

  • Marginal note:Cancellation of election

    (3) If an election is cancelled under paragraph (2)(a),

    • (a) on the day on which it decides to extend the tenure of the chief and councillors, the council must call a new election for a day that is no more than 30 days before the day on which the extended tenure ends;

    • (b) unless otherwise directed by the Minister or by a person authorized by the Minister, the electoral officer who has been appointed by the council must, in the presence of two witnesses who must make a declaration that they witnessed the destruction,

      • (i) destroy all election documents that contain personal information, and

      • (ii) destroy without opening all envelopes they have received that contain a mail-in ballot;

    • (c) the electoral officer and any deputy electoral officers are removed from office when the documents and envelopes have been destroyed in accordance with paragraph (b); and

    • (d) any action required under the Indian Band Election Regulations to have been performed before the election is deemed not to have been performed.

  • Marginal note:Postponement of election

    (4) If an election is postponed under paragraph (2)(b),

    • (a) on the day on which it decides to extend the tenure of the chief and councillors, the council must fix a new day for the election that is no more than 30 days before the day on which the extended tenure of office ends; and

    • (b) the electoral officer must, until the day on which the election is held, retain under seal all envelopes that contain a mail-in ballot they have received.

Elections under the First Nations Elections Act

Marginal note:Extension of term

  •  (1) Despite subsection 28(1) of the First Nations Elections Act, if the extension is necessary to prevent, mitigate or control the spread of diseases on the reserve, the council of a First Nation whose chief and councillors are elected under that Act may, within 90 days before the day on which a term of office of the chief and councillors ends, extend that term.

  • Marginal note:Measure to be taken

    (2) A council that extends the term of the chief and councillors must, at the same time and despite sections 5 and 6 of that Act, either

    • (a) cancel the election in accordance with subsection (3); or

    • (b) postpone the election in accordance with subsection (4).

  • Marginal note:Cancellation of election

    (3) If an election is cancelled under paragraph (2)(a),

    • (a) on the day on which it decides to extend the term of the chief and councillors, the council must call a new election for a day that is no more than 30 days before the day on which the extended term ends;

    • (b) the electoral officer who has been appointed by the council must destroy

      • (i) all election documents that contain personal information,

      • (ii) all mail-in ballot packages that they or any deputy electoral officer that they appointed has received, and

      • (iii) all ballots cast during advance polling;

    • (c) the electoral officer and any deputy electoral officers are removed from office when the documents, ballot packages and ballots have been destroyed in accordance with paragraph (b); and

    • (d) any action required under the First Nations Elections Regulations to have been performed before the election is deemed not to have been performed.

  • Marginal note:Postponement of election

    (4) If an election is postponed under subparagraph (2)(b),

    • (a) the council must, on the day on which it decides to extend the term of the chief and councillors, fix a new day for the election that is no more than 30 days before the date on which the extended term ends; and

    • (b) the electoral officer must, in accordance with the First Nations Elections Regulations, retain any envelope that contains a mail-in ballot and any ballot cast during advance polling.

Elections According to Custom

Marginal note:Extension of term

  •  (1) The council of a First Nation whose chief and councillors are chosen according to the custom of the First Nation may extend the term of office of the chief and councillors if it is necessary to prevent, mitigate or control the spread of diseases on its reserve, even if the custom does not provide for such a situation.

  • Marginal note:Non-application of general provisions

    (2) Sections 6 and 7 do not apply to this section.

 [Repealed, SOR/2021-78, s. 3]

General

Marginal note:Limitation — extension of tenure or term

  •  (1) A tenure of office or term of office of a chief and councillors of a First Nation must not be extended under subsection 2(1) or 3(1) by more than six months or beyond December 31, 2021. The tenure or term must not be extended more than twice.

  • Marginal note:Exception

    (2) Despite subsection (1), a tenure of office or term of office may be extended once on or after April 9, 2021 if it was extended twice before that day. The tenure or term must not be extended by more than six months or beyond December 31, 2021.

Marginal note:First cancellation or postponement

  •  (1) The first time that a given election is cancelled or postponed under these Regulations, the council of the First Nation must provide to the Minister a resolution to that effect as soon as it is feasible.

  • Marginal note:Subsequent cancellation or postponement

    (2) The subsequent time that a given election is either cancelled or postponed under these Regulations, the council of the First Nation must provide to the Minister a resolution to that effect before the day on which the particular election was to have occurred.

Repeal

 These Regulations are repealed on October 8, 2021.

 
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