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

Marginal note:Extension of tenure

• 2 (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; 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.