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

Marginal note:Extension of term

• 3 (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; 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.