First Nations Oil and Gas and Moneys Management Voting Regulations (SOR/2006-254)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the First Nations Oil and Gas and Moneys Management Act. (Loi)

Assistant Deputy Minister

Assistant Deputy Minister means the Assistant Deputy Minister, Lands and Trusts Services, Department of Indian Affairs and Northern Development. (sous-ministre adjoint)

deputy electoral officer

deputy electoral officer means a person so designated by the electoral officer under subsection 3(2) for the purpose of a vote. (président du scrutin)

electoral officer

electoral officer means the person so designated by the council of a first nation under paragraph 3(1)(a) for the purpose of a vote. (président d’élection)

eligible voter

eligible voter[Repealed, SOR/2009-150, s. 1]

first nation membership number

first nation membership number means the number assigned to a first nation member on the Band List of the first nation. (numéro de membre de la première nation)

legal adviser

legal adviser means any person qualified, in accordance with the laws of a province, to give legal advice. (conseiller juridique)

mail-in ballot

mail-in ballot means a ballot delivered or mailed in accordance with section 7. (bulletin de vote postal)

registry number

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

reserve

reserve, in respect of a vote, means a reserve of the first nation that is conducting the vote. (réserve)

voter declaration form

voter declaration form means a form that, when completed, sets out the information required by section 8. (formulaire de déclaration de l’électeur)

Application

Marginal note:Vote under s. 17 or 18 of the Act

2 These Regulations apply to a vote held under section 17 or 18 of the Act.

Duties

Marginal note:Duties of council

• 3 (1) The council of a first nation that intends to conduct a vote must

  • (a) designate a person to be the electoral officer for the purpose of the vote; and

  • (b) forward a written resolution to the Minister notifying the Minister of its intention to hold the vote and identifying the electoral officer.

• Marginal note:Designation of deputy electoral officer

  (2) The electoral officer must designate one or more persons to be deputy electoral officers for the purpose of the vote.

• Marginal note:Duties of officers

  (3) The electoral officer and the deputy electoral officers must

  • (a) supervise the conduct of the vote in accordance with these Regulations;

  • (b) act with fairness and impartiality in the administration of these Regulations; and

  • (c) perform the duties and functions that are necessary for the administration of these Regulations.

The Question for the Vote

Marginal note:Content of the question

4 The question to be put to the eligible voters is set out

• (a) in Part 1 of the schedule, in the case of the ratification of an oil and gas code and a financial code referred to in section 10 of the Act and the approval of the transfer to a first nation of the management and regulation of oil and gas exploration and exploitation;

• (b) in Part 2 of the schedule, in the case of the ratification of a financial code referred to in section 11 of the Act and the approval of the payment of moneys to a first nation in accordance with the code; and

• (c) in Part 3 of the schedule, in the case of a single vote on the ratification of an oil and gas code and a financial code referred to in section 10 of the Act, the approval of the transfer to a first nation of the management and regulation of oil and gas exploration and exploitation, the ratification of a financial code referred to in section 11 of the Act and the approval of the payment of moneys to the first nation in accordance with the code.

Voters List

Marginal note:Duty to provide names

• 5 (1) At least 49 days before the day on which a vote is to be held, a list of all eligible voters must be provided to the electoral officer

  • (a) by the first nation, if the first nation has assumed control of its own membership under section 10 of the Indian Act; and

  • (b) by the Registrar, if the Band List of the first nation is maintained in the Department of Indian Affairs and Northern Development under section 11 of the Indian Act.

• Marginal note:Content of list

  (2) A voters list must set out

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

  • (b) the first nation membership number or registry number of each eligible voter or, if the eligible voter does not have a first nation membership number or registry number, the date of birth of the eligible voter.

• Marginal note:Confirmation of name on list

  (3) On request, the electoral officer or a deputy electoral officer must confirm whether the name of a person is on the voters list.

• Marginal note:Revision of list

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

  • (a) the name of an eligible voter has been omitted from the list;

  • (b) the name of an eligible voter is incorrectly set out on the list; or

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

• Marginal note:Proof required for revision

  (5) For the purpose of subsection (4), a person may demonstrate that

  • (a) the name of an eligible voter has been omitted from, or incorrectly set out on, the voters list by presenting to the electoral officer evidence from the Registrar or from the first nation that the eligible voter is on the Band List and has reached the eligible age for participation in the vote; or

  • (b) the name of a person not qualified to vote has been included on the voters list by presenting to the electoral officer evidence that the person is not on the Band List or has not reached the eligible age for participation in the vote.

Addresses of Eligible Voters

Marginal note:Duty to provide addresses

6 At least 49 days before the day on which a vote is to be held, the latest known addresses, if any, of the eligible voters who do not reside on the reserve must be provided to the electoral officer

• (a) by the first nation, if the first nation has assumed control of its own membership under section 10 of the Indian Act; and

• (b) by the Registrar, if the Band List of the first nation is maintained in the Department of Indian Affairs and Northern Development under section 11 of the Indian Act.

Notification of Vote

Marginal note:Duties of officers

• 7 (1) On the earlier of 14 days before the day on which the information meeting for a vote is to be held and 42 days before the day of the vote, the electoral officer or a deputy electoral officer must

  • (a) post a notice of the vote and a list of the eligible voters in at least one conspicuous place on the reserve;

  • (b) mail or deliver to every eligible voter of the first nation who does not reside on the reserve and for whom an address has been provided

    • (i) a notice of the vote,

    • (ii) a mail-in ballot, initialled on the back by the electoral officer or a deputy electoral officer,

    • (iii) an outer, postage-paid return envelope, pre-addressed to the electoral officer,

    • (iv) a second, inner envelope marked “Ballot” for insertion of the completed ballot,

    • (v) a voter declaration form,

    • (vi) a letter of instruction regarding voting by mail-in ballot, and

    • (vii) an information package regarding the vote.

• Marginal note:Content of notice

  (2) A notice of a vote must state

  • (a) the question to be submitted to the eligible voters;

  • (b) the date on which the vote will be held;

  • (c) the location of each polling station and the hours that it will be open for voting;

  • (d) the fact that eligible voters may vote either in person at a polling station in accordance with subsection 17(3) or by mail-in ballot;

  • (e) the name and telephone number of the electoral officer; and

  • (f) the date, time and location of the information meeting.

• Marginal note:Provision of material on request

  (3) If an eligible voter makes a request to the electoral officer, at least seven days before the vote, for the material referred to in paragraph (1)(b), the electoral officer must provide the material to the eligible voter.

• Marginal note:Records about mail-in ballots

  (4) The electoral officer must indicate on the voters list that a ballot has been provided to each eligible voter to whom a mail-in ballot was mailed, delivered or otherwise provided, and keep a record of the date on which, and the address, if any, to which, each mail-in ballot was mailed or delivered.

• Marginal note:Restriction on voting in person

  (5) An eligible voter to whom a mail-in ballot was mailed, delivered or provided under subsection (1) or (3) is not entitled to vote in person at a polling station other than in accordance with subsection 17(3).

Voter Declaration

Marginal note:Content of declaration

8 An eligible voter’s completed voter declaration form must set out

• (a) the name of the eligible voter;

• (b) the first nation membership number or registry number of the eligible voter or, if the eligible voter does not have a first nation membership number or registry number, the date of birth of the eligible voter;

• (c) a statement that the eligible voter has read the information in the information package regarding the question that is the subject of the vote, or that the information was read to the eligible voter, and that the eligible voter understood the information;

• (d) a statement that the eligible voter has voted freely and without compulsion; and

• (e) the name, address and telephone number of a witness to the signature of the eligible voter.

Information Meeting

Marginal note:Duty to hold meeting

• 9 (1) Before the day on which a vote is to be held, the council of the first nation must ensure that an information meeting is held to provide the eligible voters with information regarding the vote.

• Marginal note:Persons to be present

  (2) A legal adviser and a financial adviser, designated by the council of the first nation, must be present at the information meeting and an interpreter must also be present to interpret between those advisers and the eligible voters.

• Marginal note:Information to be provided by the advisers

  (3) The legal adviser and the financial adviser who are present at the information meeting must advise the eligible voters about the following subjects, according to their respective expertise:

  • (a) the processes for the implementation of the Act, including the voting process;

  • (b) in the case of a vote on the ratification of an oil and gas code and a financial code referred to in section 10 of the Act and the approval of the transfer to the first nation of the management and regulation of oil and gas exploration and exploitation, the possible legal and financial consequences of the ratification of the oil and gas code, the financial code and the transfer;

  • (c) in the case of a vote on the ratification of a financial code referred to in section 11 of the Act and the approval of the payment of moneys to the first nation in accordance with the code, the possible legal and financial consequences of the ratification of the financial code and the payment; and

  • (d) the content of the question that is the subject of the vote and the possible legal and financial consequences of an affirmative vote or a negative vote.

• Marginal note:Questions

  (4) The legal adviser and the financial adviser who are present at the information meeting must, according to their respective expertise, answer the questions of the eligible voters concerning the vote, including any questions about the subjects referred to in subsection (3).

Notice to Minister

Marginal note:Notice to Minister

10 The council of the first nation must send to the Minister after the information meeting is held, but before the vote, the following information and documents about the information meeting:

• (a) the time when the meeting was held and the place where it was held;

• (b) the names and addresses of the legal adviser and the financial adviser who were present; and

• (c) written confirmation, signed by the legal adviser and the financial adviser, that they advised the eligible voters about the subjects referred to in subsection 9(3).

Preparation for Vote

Marginal note:Duties of electoral officer

11 The electoral officer or the deputy electoral officers must

• (a) prepare sufficient ballots stating the question to be submitted to the eligible voters and ensure that the initials of the electoral officer or a deputy electoral officer are placed on the back of each ballot;

• (b) procure a sufficient number of ballot boxes; and

• (c) before the polls are opened, cause the ballots and a sufficient number of lead pencils for marking the ballots to be delivered to the polls.

Voting by Mail-in Ballot

Marginal note:How to vote

• 12 (1) An eligible voter may vote by mail-in ballot by

  • (a) marking the ballot by placing a cross, check mark or other mark, clearly indicating the eligible voter’s response to the question that is the subject of the vote;

  • (b) folding the ballot in a manner that conceals the question and any marks but exposes the initials on the back;

  • (c) placing the ballot in the inner envelope and sealing that envelope;

  • (d) completing the voter declaration form and signing the completed form in the presence of a witness who is at least 18 years of age;

  • (e) placing the inner envelope and the completed, signed and witnessed voter declaration form in the outer envelope; and

  • (f) delivering or, subject to subsection (6), mailing the outer envelope to the electoral officer before the time at which the polls close on the day of the vote.

• Marginal note:Assistance if required

  (2) An eligible voter who is unable to vote in the manner set out in subsection (1) may enlist the assistance of another person to mark the ballot and complete and sign the voter declaration form in accordance with subsection (1).

• Marginal note:Matters to be witnessed

  (3) A witness referred to in paragraph (1)(d) must attest to

  • (a) the fact that the person signing the voter declaration form is the person whose name is set out on the form; or

  • (b) if the eligible voter enlisted the assistance of another person under subsection (2), the fact that the eligible voter is the person whose name is set out on the form and that the ballot was marked according to the directions of the eligible voter.

• Marginal note:Replacing spoiled ballot

  (4) An eligible voter who inadvertently spoils a mail-in ballot may obtain another ballot by returning the spoiled ballot to the electoral officer.

• Marginal note:Replacing ballot lost or not received

  (5) An eligible voter who loses or has not received a mail-in ballot may obtain another ballot by delivering to the electoral officer a written affirmation that the eligible voter has lost or has not received the mail-in ballot, signed by the eligible voter in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

• Marginal note:Deadline

  (6) Mail-in ballots that are not received by the electoral officer before the time at which the polls close on the day of the vote are void and must not be counted as votes cast.

Voting at Polling Stations

Marginal note:Requirement for polling station

13 The electoral officer must establish at least one polling station on the reserve.

Marginal note:Privacy for voting

14 The electoral officer or a deputy electoral officer must provide a compartment at each polling place where the eligible voter can mark his or her ballot free from observation.

Marginal note:Ballot box

15 The electoral officer or a deputy electoral officer must, immediately before the opening of the poll, open the ballot box and call on those persons who are present to witness that it is empty and must then lock the ballot box and seal it — so as to ensure that any opening of the ballot box will be made obvious by a disturbance to the seal — using one of the following:

• (a) a mechanical device;

• (b) adhesive tape or seal; or

• (c) any other method that achieves the same result.

Marginal note:Hours for polling stations

• 16 (1) Polling stations must be kept open from 9:00 a.m., local time, until 8:00 p.m., local time, on the day of the vote.

• Marginal note:Presence at closing time

  (2) An eligible voter who is inside a polling station at the time that the polling station is to close is entitled to vote.

Marginal note:Provision of ballot

• 17 (1) Subject to subsection 7(5), if a person whose name is set out on the voters list attends at a polling station for the purpose of voting, the electoral officer or a deputy electoral officer must provide the person with a ballot.

• Marginal note:Marking voters list

  (2) The electoral officer or a deputy electoral officer must place on the voters list a mark opposite the name of every eligible voter receiving a ballot.

• Marginal note:Change in voting method

  (3) An eligible voter to whom a mail-in ballot was mailed, delivered or provided under subsection 7(1) or (3) may obtain a ballot and vote in person at a polling station if

  • (a) the eligible voter returns the mail-in ballot to the electoral officer or a deputy electoral officer; or

  • (b) if the eligible voter has lost or has not received the mail-in ballot, the eligible voter provides the electoral officer or a deputy electoral officer with a written affirmation that the eligible voter has lost or has not received the mail-in ballot, signed by the eligible voter in the presence of the electoral officer, a deputy electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

Marginal note:Explanation of mode of voting

• 18 (1) The electoral officer or a deputy electoral officer must explain the mode of voting to an eligible voter when requested to do so by the eligible voter.

• Marginal note:Assistance in voting

  (2) At the request of an eligible voter who is not able to read or who is incapacitated by blindness or other physical cause, the electoral officer or a deputy electoral officer must assist the eligible voter by marking the eligible voter’s ballot in the manner directed by the eligible voter and must place the ballot in the ballot box.

• Marginal note:Record of assistance

  (3) The electoral officer or a deputy electoral officer must make an entry on the voters list opposite the name of the eligible voter indicating that the ballot was marked by him or her at the request of the eligible voter and the reasons for the request.

Marginal note:Voting procedure

19 Except as provided in subsection 18(2), every eligible voter receiving a ballot must

• (a) proceed immediately to the compartment provided for marking the ballot;

• (b) mark the ballot by placing a cross, check mark or other mark, clearly indicating the eligible voter’s response to the question that is the subject of the vote;

• (c) fold the ballot in a manner that conceals the question and any marks but exposes the initials on the back; and

• (d) deliver it without delay to the electoral officer or a deputy electoral officer for deposit in the ballot box.

Marginal note:Replacement ballot

• 20 (1) An eligible voter who receives a soiled or improperly printed ballot, or who inadvertently spoils his or her ballot in marking it, and who returns the ballot to the electoral officer or a deputy electoral officer is entitled to another ballot.

• Marginal note:Forfeiting right to vote

  (2) An eligible voter who receives a ballot forfeits his or her right to vote if he or she

  • (a) leaves the compartment for marking ballots without delivering the ballot to the electoral officer or a deputy electoral officer in the manner provided; or

  • (b) refuses to vote.

• Marginal note:Recording the event

  (3) In a case described in subsection (2), the electoral officer or a deputy electoral officer must make an entry on the voters list opposite the name of the eligible voter indicating that the eligible voter did not return the ballot or refused to vote, as the case may be.

Marginal note:Voting compartment

21 The electoral officer or a deputy electoral officer must allow only one eligible voter in the compartment for marking ballots at any one time.

Marginal note:Prohibition on interference

• 22 (1) No person may interfere or attempt to interfere with an eligible voter when the eligible voter is marking his or her ballot.

• Marginal note:Prohibition on obtaining information

  (2) No person may obtain or attempt to obtain at the polling place information as to how an eligible voter is about to vote or has voted.

Marginal note:Interpreter

23 If the electoral officer or a deputy electoral officer does not understand the language spoken by an eligible voter, the electoral officer or the deputy electoral officer must enlist the aid of an interpreter to communicate with respect to all matters required to enable that eligible voter to vote.

Counting Votes

Marginal note:Mail-in ballots

24 After the close of the polls, the electoral officer must, in the presence of a deputy electoral officer and any members of the council of the first nation who are present, open each envelope containing a mail-in ballot that was received before the close of the polls and, without unfolding the ballot,

• (a) set aside the ballot if

  • (i) it is not accompanied by a voter declaration form or the voter declaration form is not signed or witnessed,

  • (ii) the name of the eligible voter set out in the voter declaration form is not on the voters list, or

  • (iii) the voters list shows that the eligible voter has already voted; or

• (b) place a mark on the voters list opposite the name of the eligible voter set out on the voter declaration form and deposit the ballot in a ballot box.

Marginal note:Procedure on opening ballot boxes

• 25 (1) After the mail-in ballots have been deposited under section 24, the electoral officer must, in the presence of a deputy electoral officer and any members of the council of the first nation who are present, open all ballot boxes and

  • (a) examine the ballots;

  • (b) set aside any ballot that does not have the initials of the electoral officer or a deputy electoral officer on the back;

  • (c) reject all ballots

    • (i) that have been marked incorrectly, or

    • (ii) on which anything appears by which an eligible voter can be identified;

  • (d) count the votes cast in favour of and against the question submitted in the vote; and

  • (e) prepare a statement in writing of the number of votes so cast and of the number of ballots rejected.

• Marginal note:Signing and filing statement

  (2) The statement referred to in paragraph (1)(e) must be

  • (a) signed by the electoral officer and by the chief or a member of the council of the first nation; and

  • (b) filed in the regional office of the Department of Indian Affairs and Northern Development.

Marginal note:Void ballots

26 A ballot set aside under paragraph 24(a) or 25(1)(b) or rejected under paragraph 25(1)(c) is void and must not be counted as a vote cast.

Marginal note:Statement of results

27 When the results of the voting are known, the electoral officer must

• (a) prepare a statement in triplicate, signed by the electoral officer and by the chief or a member of the council of the first nation, that confirms that the vote was conducted in accordance with these Regulations and indicates the number of

  • (i) eligible voters who were entitled to vote,

  • (ii) eligible voters who voted,

  • (iii) votes cast in favour of and against the question submitted in the vote, and

  • (iv) rejected ballots; and

• (b) deliver a copy of the statement to

  • (i) the Assistant Deputy Minister,

  • (ii) the person in charge of the regional office of the Department of Indian Affairs and Northern Development, and

  • (iii) the chief of the first nation.

Marginal note:Retention of ballots

• 28 (1) The electoral officer must deposit the ballots used in the voting, together with all supporting documents, in a sealed envelope and retain them.

• Marginal note:Destruction of ballots

  (2) If no review has been requested within 60 days after the day of the vote, the electoral officer must destroy the ballots used in the voting.

Review Procedure

Marginal note:Request for review

• 29 (1) An eligible voter may, in the manner set out in subsection (2), request a review of the vote by the Minister if the eligible voter believes that there was

  • (a) a contravention of these Regulations that may affect the results of the vote; or

  • (b) a corrupt practice in connection with the vote.

• Marginal note:Procedure for request

  (2) A request for a review of a vote must be forwarded to the Minister, by registered mail addressed to the Assistant Deputy Minister, within 30 days after the day of the vote. The request must be accompanied by a declaration containing the grounds for requesting the review and any other relevant information and must be signed in the presence of a witness who is at least 18 years of age.

Marginal note:Minister to advise Governor in Council

30 If the material referred to in subsection 29(2) or any other information in the possession of the Minister is sufficient to call into question the validity of a vote on the ratification of an oil and gas code and a financial code referred to in section 10 of the Act and the approval of the transfer to the first nation of the management and regulation of oil and gas exploration and exploitation, the Minister must advise the Governor in Council accordingly.

Coming into Force

Marginal note:Coming into force

31 These Regulations come into force on the day on which they are registered.