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.
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