Cree-Naskapi Band Elections Regulations

Regulations Respecting the Election of Council Members for the Cree Bands and the Naskapi Band Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 67, subsection 78(3) and section 198 of the Cree-Naskapi (of Quebec) Act*, is pleased hereby to make the annexed Regulations respecting the election of council members for the Cree Bands and the Naskapi Band. S.C. 1984, c. 18 These Regulations may be cited as the Cree-Naskapi Band Elections Regulations. In these Regulations, Act means the Cree-Naskapi (of Quebec) Act; (Loi) band election means a general election or an election for a position of council member referred to in sections 74 to 77 of the Act; (élection) electoral list means a list referred to in section 7; (liste électorale) land of the band means the Category IA or IA-N land of a band; (terres de la bande) representative means a person appointed pursuant to section 27; (représentant) Returning Officer means the person appointed by a band under subsection 71(1) of the Act. (directeur du scrutin) The council of a band shall consist of one chief and not fewer than four nor more than twelve councillors, determined on the basis of one councillor for every 100 members of the band. The term of office of a council member shall be for a period of two years commencing on the day following the day of the election of that member. Where a council calls a band election, the council shall determine the day on which the poll for the election will be held and whether an advance poll or travelling poll, or both, will be held. Where a Returning Officer calls a band election pursuant to section 77 of the Act, the Returning Officer shall determine the day on which the poll for the election will be held and whether an advance poll or travelling poll, or both, will be held. Where a band election is to be held, the Returning Officer of the band shall determine, in accordance with section 10, on which day the nomination meeting for the election will be held and shall decide at which hour of the day and at which location within the land of the band the meeting will be held; in accordance with section 25, the hours during which the poll for the election will be held and shall decide at which location within the land of the band the poll will be held; if necessary, on which day, prior to the day determined for the poll, during which hours and at which location within the land of the band the advance poll for the election will be held; and if necessary, on which day, prior to the day determined for the poll, during which hours and at which location within or outside the land of the band the travelling poll for the election will be held. Where a band election is to be held, the Returning Officer of the band shall prepare and sign an electoral list that sets out, in alphabetical order, the names of the electors of the band. The Returning Officer of a band may, on the application of an elector, revise an electoral list of the band to add the name of an elector whose name had been omitted from the list, correct the name of an elector whose name had been incorrectly set out or delete the name of a person who is not an elector. The Returning Officer of a band may, on his own initiative, correct any clerical errors in an electoral list of the band. A Returning Officer shall initial each revision and correction made to an electoral list pursuant to subsection (1) or (2), as the case may be. At least 15 clear days prior to the day determined for the poll for a band election, the Returning Officer of the band shall prominently post, in the head office of the band and in one or more public places within the land of the band, a copy of the notice of election in the form set out in Schedule I and signed by the Returning Officer; and a copy of the electoral list for the election. A nomination meeting for a band election shall be held during the period commencing five clear days after the posting of the notice of election for the election and ending five clear days prior to the day determined for the poll for the election. No person shall be a candidate for the position of council member unless that person is an elector who is eligible to be elected to that position. A nomination may be made in writing, on a nomination paper, or orally, at a nomination meeting. A written nomination for a band election shall be in the form set out in Schedule II and shall be signed by the candidate nominated and by three other electors of the band and shall be forwarded to the Returning Officer of the band prior to the nomination meeting for the election. On the day, at the hour and at the location specified in the election notice for a band election, the Returning Officer of the band shall declare the nomination meeting open and announce and post the names of the candidates for the position of chief or councillor for whom a written nomination has been received by the Returning Officer pursuant to section 13. An oral nomination presented at a nomination meeting for a band election shall be proposed by an elector of the band and seconded by another elector of the band. A person who is nominated orally at a nomination meeting for a band election shall indicate his acceptance or refusal of the nomination to the Returning Officer of the band prior to the close of the meeting and, where he does not so indicate, he shall be considered to have refused the nomination. Where a person who is nominated orally at a nomination meeting for a band election is not present at the meeting, the person shall indicate his acceptance or refusal of the nomination to the Returning Officer of the band by telephone, radio or any other means considered appropriate by the Returning Officer. At the nomination meeting for a band election, the Returning Officer of the band shall indicate the requirements of subsections (1) to (3) to the persons at the meeting. No person shall accept nominations as a candidate in a band election for both the position of chief and the position of councillor. Subject to subsection (2), at the nomination meeting for a band election, the Returning Officer of the band shall declare the meeting closed when nominations have ceased. No nomination meeting or session of a nomination meeting shall last less than two hours. Where, immediately before the close of a nomination meeting for a band election, there is an insufficient number of candidates to fill all vacant positions, the Returning Officer of the band shall declare the first session of the meeting adjourned and shall reconvene the meeting at a second session two days later. No nomination meeting shall consist of more than two sessions. Where, at the close of a nomination meeting for a band election, there is only one candidate for the position of chief, the Returning Officer of the band shall forthwith proclaim the candidate to be elected by acclamation. Where, at the close of a nomination meeting for a band election, the number of candidates for the position of councillor is equal to or less than the number of councillor positions to be filled, the Returning Officer of the band shall forthwith proclaim the candidates to be elected by acclamation. Where, at the close of a nomination meeting for a band election, there is more than one candidate for the position of chief or the number of candidates for the position of councillor exceeds the number of councillor positions to be filled at the election, the Returning Officer of the band shall declare that a poll will be held in respect of that position or those positions, as the case may be, on the day specified in the notice of election for that election. Where a poll is required at a band election, the Returning Officer of the band shall as soon as possible sign and prominently post a copy of the notice of poll, in the form set out in Schedule III, in the head office of the band and in one or more public places within the land of the band and shall send a copy of the notice to the band secretary. Where a poll is required at a band election, the Returning Officer of the band shall ensure that there are one or more polling stations within the land of the band; there is, at each polling station, one voting compartment that is constructed in such a manner that electors can mark their ballots in secret; there are, at each voting compartment, directions for voting and a pen or pencil that is similar to the pen or pencil at each of the other voting compartments; there are ballots in a sufficient number for the poll to be held; there is a sufficient number of ballot boxes for the poll to be held; and there is a poll book for each polling station. Ballots for the election of a chief and ballots for the election of a councillor shall be in the form set out in schedules IV and V respectively. A ballot shall list, in alphabetical order, the name of each candidate and may, if applicable, indicate the name by which a candidate is commonly known but shall not indicate any additional information regarding a candidate. A ballot box shall be made of durable material, furnished with a padlock and constructed in such a manner that any ballots that have been deposited in it cannot be withdrawn without unlocking the ballot box. A Returning Officer shall keep count of and supervise the ballot boxes to be used at a band election up to the opening of the polling stations for the election. Subject to subsection 26(1), a poll shall be open for voting continuously for at least eight hours between the hours of 6 o’clock in the morning and 10 o’clock in the evening on the day determined for the poll. In the case of a natural disaster, an electrical blackout or other extraordinary circumstance, a Returning Officer may postpone the closing of a poll for up to two hours; postpone a poll for up to four weeks; or interrupt a poll and resume the poll within four weeks. Where the Returning Officer of a band postpones a poll or the closing of a poll or interrupts a poll, the Returning Officer shall take reasonable measures to inform the electors of the band of any resulting changes regarding the poll. A candidate for a band election may appoint, in writing, for each polling station provided for the election, one person to represent the candidate during the hours the polling station is open for voting; and two persons to represent the candidate during the counting of votes. Immediately prior to the opening of a polling station for a band election for voting, the Returning Officer of the band shall open each ballot box to be used at the polling station, call on any persons present to witness that the ballot boxes are empty and then padlock the ballot boxes. Where an elector appears at the appropriate polling station for the purpose of voting in a band election, the Returning Officer of the band shall verify that the elector’s name is on the electoral list for the band and that the elector has not yet voted in the election and shall initial the back of a ballot for the election of a chief or a ballot for the election of a councillor, or both, as the case may be, and hand the ballot or ballots to the elector. A Returning Officer may, and where requested to do so, shall, explain the method of voting to an elector. On receiving a ballot or ballots, an elector shall immediately proceed to a voting compartment to vote. Subject to subsection (2), only one person shall be in a voting compartment at any one time. An elector who is unable to vote without assistance because of an inability to read or to understand the language in which the ballots are printed or because of blindness or any other physical disability may be assisted in voting by the Returning Officer or, where accompanied by a friend or relative, by the friend or relative. After marking a ballot, an elector shall forthwith return the ballot to the Returning Officer who shall check, without attempting to see how the elector voted, whether the ballot has been initialled by the Returning Officer. Subject to subsections (2) and (3), the Returning Officer to whom a ballot is returned shall request the elector who returned the ballot to deposit it in the ballot box. Where a ballot that was not initialled by the Returning Officer is returned to the Returning Officer by an elector, the Returning Officer shall mark the word “declined” on the back of the ballot and deposit the ballot in the ballot box. Where a returned ballot is damaged, the Returning Officer to whom the ballot is returned shall mark the word “damaged” on the back of the ballot and deposit it in the ballot box. An elector whose ballot was marked “declined” pursuant to subsection 33(2) or “damaged” pursuant to subsection 33(3) shall be entitled to receive a replacement ballot. The Returning Officer at a polling station shall list, in the poll book provided for that polling station, the name of each elector who receives a ballot at the polling station and shall record opposite an elector’s name any case where the elector receives assistance to vote pursuant to subsection 31(2) and the reason for that assistance; or the elector after receiving a ballot left the polling station without returning the ballot to the Returning Officer. An elector who after receiving a ballot at a polling station leaves the polling station without returning the ballot to the Returning Officer shall be considered to have voted. Where an elector referred to in subsection (1) later returns a ballot to a Returning Officer, the Returning Officer shall mark the word “declined” on the back of the ballot and deposit it in the ballot box. An elector who is inside a polling station at the time determined for the closing of the polling station and who is otherwise entitled to vote at that polling station shall be entitled to vote before the polling station is closed. Forthwith after a polling station is closed, the Returning Officer at the polling station shall record in the poll book for that polling station the number of ballots issued for the polling station, the number of ballots used and the number of ballots remaining unused; and place in separate envelopes the unused ballots for chief and the unused ballots for councillor and label each envelope to indicate its contents. Where the duties of the Returning Officer of a band at a polling station are performed by a Deputy Returning Officer or an Assistant Returning Officer, the Deputy Returning Officer or the Assistant Returning Officer, as the case may be, shall, forthwith after complying with subsection (1), return the ballot boxes and poll books used at the polling station and the envelopes of unused ballots to the Returning Officer of the band. Where an advance poll is held in connection with a band election, an elector who has reason to believe that he will be unable to vote on the day on which the poll for the election will be held may vote at the advance poll. Where a travelling poll is held in connection with a band election, an elector who has reason to believe that he will be unable to vote on the day on which and at the location at which the poll for the election will be held may vote at the travelling poll. Sections 22 to 38 apply to an advance poll or travelling poll with such modifications as the circumstances require. Forthwith after the closing of the poll for a band election, the Returning Officer of the band shall count the votes, including, if applicable, those at the advance poll and the travelling poll held in connection with the election, in the presence of any candidates and representatives who wish to attend. In counting votes at a band election, the Returning Officer of the band shall reject any ballot that was not initialled by the Returning Officer, the Deputy Returning Officer or an Assistant Returning Officer; that is blank; on which there appear more votes than there are positions to be filled; on which there appear marks or writing identifying the elector; or on which the Returning Officer has marked “declined” or “damaged”. In counting votes at a band election, the Returning Officer of the band shall reject, on a ballot, any vote that does not clearly indicate the elector’s intention. Where a candidate or a representative objects to a decision of the Returning Officer concerning the counting of a vote in a band election, the Returning Officer of the band shall decide any questions arising out of the objection; number and record the objection in the appropriate poll book; and write on the back of the ballot the word or words “allowed”, “allowed in part” or “rejected”, as the case may be, as well as the number of the objection and initial the ballot. During the counting of the votes at a band election, the Returning Officer of the band shall if applicable, separate the ballots provided for the election for the position of chief from the ballots provided for the election for the position of councillor; and sort the ballots provided for the election for the position of chief or councillor, as the case may be, into two separate lots consisting of all the ballots allowed or allowed in part, and all the rejected ballots. Forthwith after the counting of the votes at a band election, the Returning Officer of the band shall place each of the lots of ballots referred to in paragraph (1)(b) in a separate envelope and label each envelope to indicate its contents; and complete and sign a poll report in the form set out in Schedule VI and forward a copy of the poll report to each of the candidates for the election, the band secretary, the Minister of Indian Affairs and Northern Development and, in the case of a Cree band election, to the secretary of the Cree Regional Authority. Where a poll is held for the position of chief, the candidate for the position who receives the largest number of votes shall be elected chief. Where a poll is held for one or more positions of councillor, the candidate or candidates, to the number corresponding to the number of positions of councillor to be filled, who receive the largest number of votes shall be elected councillor. Where a poll is held at a general election, the candidate who receives the largest number of votes for the position of councillor shall be the deputy chief. In any circumstances other than the circumstances referred to in subsection (1), the council of a band shall designate, from among the councillors of the band, one councillor to be the deputy chief. Forthwith after the counting of votes in a band election, the Returning Officer of the band shall proclaim elected the candidates elected in accordance with section 46. The Returning Officer of a band shall recount the votes for a position to be filled at a band election where there is an equal number of votes for each of two or more candidates for the position of chief, the position of deputy chief, or a position of councillor, where the position is the only position or the only remaining position to be filled; or the Returning Officer receives, within one day after the day on which the poll for the band election was held, a written request for a recount of votes from a candidate for a position to be filled at the election. Sections 42 to 48 apply, with such modifications as the circumstances require, to any recount of votes. Where after a recount of votes there exists an equal number of votes for each of two or more candidates for a position referred to in paragraph 49(1)(a), the Returning Officer of the band shall, within 28 days after the day on which the recount was conducted, hold a second poll for those candidates for that position. These Regulations apply to a poll referred to in subsection (1) with such modifications as the circumstances require. Within five days after the day on which the poll for a band election was held, the Returning Officer of the band shall prepare a report of election results in the form set out in Schedule VII; sign the report; prominently post a copy of the report in the head office of the band and in one or more public places within the land of the band; and forward a copy of the report of election results to the persons referred to in paragraph 45(2)(b). Where all the candidates for a band election have been elected by acclamation, the Returning Officer of the band shall comply with subsection (1) within five days of the nomination meeting held for that election. A petition prepared pursuant to subsection 78(3) of the Act shall be in the form set out in Schedule VIII. The Returning Officer of a band shall retain and safeguard all the election materials used in a band election including the ballots, ballot boxes, electoral list, poll books, poll report and report of the election results for a period of 14 days after the day on which the poll for the band election is held. Subject to subsection (3), after the expiration of the period referred to in subsection (1), the Returning Officer of a band shall remit to the band secretary for safekeeping all the election materials referred to in subsection (1), except the ballots, which shall be destroyed by the Returning Officer in the presence of two witnesses. Where the election of a council member for a band is contested pursuant to section 78 of the Act, the Returning Officer of the band shall continue to retain and safeguard the election materials referred to in subsection (1) until otherwise directed by the judge who is inquiring into the election. The Returning Officer of a band shall supervise the conduct of any election held by that band. The Deputy Returning Officer or an Assistant Returning Officer appointed by the Returning Officer pursuant to subsection 71(2) of the Act may, under the supervision of the Returning Officer, perform the duties of the Returning Officer under these Regulations except those referred to in subsections 15(2) and (3), sections 26, 42 to 45 and 48, subsections 49(1) and 50(1), sections 51 and 53 and this section. All documents referred to in these Regulations for use in a band election shall be in either the English or the French language and may also be in the Cree language or the Naskapi language, as the case may be. No person shall, at a poll for a band election, vote or attempt to vote more than once; knowing that he is not entitled to vote; or under any name other than his own name. No person shall induce another person to vote at a poll for a band election knowing that the other person is not entitled to vote. No person shall use bribery, treating, undue influence or any other corrupt practice in a band election. No person shall cause or attempt to cause any disturbance at a nomination meeting or at a polling station. No person shall campaign or advertise in connection with a band election in a polling station or within 30 metres of a polling station. No person shall be present in a polling station except those authorized by a by-law made under section 64 of the Act or these Regulations and those present for the purposes of voting. Unless authorized by a by-law made under section 64 of the Act or by subsection 31(2), no person shall be in a voting compartment with an elector; be in a position from which the person can see for whom an elector marks his ballot; or at a polling station, attempt to know how an elector intends to vote. No person who assists an elector to vote pursuant to a by-law made under section 64 of the Act or to subsection 31(2) shall influence or attempt to influence the elector in the selection of the candidate for whom the elector votes; or mark the elector’s ballot contrary to the elector’s intention. No person shall interfere with or attempt to interfere with an elector who is in a voting compartment. No person shall interfere with or attempt to interfere with the counting of votes. No person shall counterfeit or fraudulently alter or deface a ballot or the initials of a Returning Officer, Deputy Returning Officer or Assistant Returning Officer on a ballot; fraudulently destroy a ballot; without authority, supply a ballot to a person; fraudulently deposit in a ballot box any paper other than the ballot that the person is authorized by a by-law made under section 64 of the Act or by these Regulations to deposit in the ballot box; without authority take a ballot; fraudulently take a ballot out of a polling station; without authority, destroy, damage, take, open or otherwise interfere with a ballot box; or fraudulently print a ballot. No person shall attempt to commit any of the acts referred to in subsection (1). No Returning Officer, Deputy Returning Officer or Assistant Returning Officer shall divulge any information obtained by that officer in respect of the conduct of an election except as authorized by a by-law made under section 64 of the Act or by these Regulations; or unless that officer is required to give evidence in the course of a legal proceeding respecting the election. No Returning Officer, Deputy Returning Officer or Assistant Returning Officer shall fraudulently initial or attempt to initial a ballot or any paper purported to be a ballot. For the purposes of section 198 of the Act, subject to paragraph (c), for the contravention of paragraph 56(a) or any of sections 59 to 62, 64 or 66, the maximum fine is one hundred dollars and the maximum term of imprisonment is three months; subject to paragraph (c), for the contravention of paragraph 56(b) or section 57, 63 or 65, the maximum fine is two hundred dollars and the maximum term of imprisonment is six months; for the contravention of paragraph 56(b), section 57, 62, 63 or any of sections 65 to 67 by a Returning Officer, a Deputy Returning Officer or an Assistant Returning Officer, the maximum fine is four hundred dollars and the maximum term of imprisonment is six months; and for the contravention of paragraph 56(c) or section 58, the maximum fine is five hundred dollars and the maximum term of imprisonment is six months. Notice is hereby given to the electors of the (insert the name of the band) band that an election has been called for the following position(s) of council member, (insert the position(s) to be filled by the election, whether for chief or councillor(s), or both, and in the case of councillor(s), indicate the number of positions to be filled by the election). A nomination meeting for such position(s) will be held (indicate on which day, at which hour and at which location the nomination meeting is to be held). A written nomination may be forwarded to the Returning Officer. A written nomination shall be signed by the candidate and by three other electors of the band and shall be forwarded prior to the commencement of the nomination meeting. Written nomination forms are available in the office of the Returning Officer. Where a poll is required, such poll will be held (indicate on which day, during which hours and at which location the poll is to be held). (Insert the following paragraph, if applicable.) Where a poll is required, an advance poll will be held (indicate on which day, during which hours and at which location the advance poll is to be held). Where a poll is required, a travelling poll will be held (indicate on which day, during which hours and at which location the travelling poll is to be held). For more information, please contact the Returning Officer at (insert the address of the Returning Officer). Signed at, 19. We, the undersigned, electors of (insert the name of the band), hereby nominate (insert the name of the candidate), residing at (insert the address of the candidate), as candidate for the position of (insert “chief” or “councillor”) of the band. SignatureAddressDate I, the undersigned, (insert the name of the candidate), hereby consent to be a candidate for the above-mentioned position. Public notice is hereby given that a poll is required for the election of (insert chief or councillor(s), or both) for the (insert the name of the band) and that such poll will be held (indicate on which day, during which hours and at which location the poll is to be held). An advance poll will be held (indicate on which day, during which hours and at which location the advance poll is to be held). A travelling poll will be held (indicate on which day, during which hours and at which location the travelling poll will be held). (Insert one or both of the following paragraphs, if applicable.) The candidates for the position of chief are (insert the name and address of each candidate). The candidates for the (insert the number of positions to be filled by the election) position(s) of councillor are (insert the name and address of each candidate). (Insert the name of the band.) (Insert the date of the poll.) ELECTION FOR THE POSITION OF CHIEF (Insert, in separate boxes and in alphabetical order, the names of the candidates.) Etc. ELECTION FOR THE (insert the number of positions to be filled by the election) POSITIONS OF COUNCILLOR (Indicate the name of the band.) ELECTION HELD ON (insert the date of the poll) I hereby certify that the information contained in this statement is correct. I hereby certify that the following person(s) has (have) been elected, on the date set out, to the position of council member on the council of the (insert the name of the band). NAME(S) OF PERSON(S)POSITIONDATE ELECTED ELECTED (Insert names of the persons elected, the positions to which the persons were elected, whether the persons were elected by acclamation or by ballot and the date the persons were elected.) (Insert the following, if applicable.) I hereby certify that the following persons have received an equal number of votes for the position of (insert “chief”, “deputy chief” or “councillor”.) NAMES OF PERSONSPOSITION (Insert the names of the persons referred to in paragraph 49(1)(a) and the relevant position.) C A N A D A PROVINCE OF QUEBEC DISTRICT OF SUPERIOR COURT (or Provincial Court) Petitioner(s) To one of the Honourable Judges of the Superior Court (or of the Provincial Court), District of , the Petitioner(s) submits (submit): THAT the Petitioner(s) was a (were) candidate(s) for the position(s) of council member (were electors) in an election held for the Band; THAT was elected (by poll or acclamation) to the position of council member for that Band on , 19; THAT was the Returning Officer at the said election; THAT the Petitioner(s) has (have), in accordance with subsection 78(1) of the Cree-Naskapi (of Quebec) Act, submitted to the Returning Officer on , 19, a written notice of contestation of the election of as council member; a copy of this notice is appended hereto as exhibit A1; THAT the grounds for such contestation are: (Here state the grounds of contestation of election as stated in subsection 78(2) of the Cree-Naskapi (of Quebec) Act. In the case of the grounds described in paragraph 78(2)(a) or (b) of that Act, allege that the grounds of contestation materially affected the result of the election.) The sum of two hundred dollars is deposited with this petition in conformity with subsection 78(4) of the Cree-Naskapi (of Quebec) Act. WHEREFORE the Petitioner(s) requests THAT the said election of be declared invalid; and THAT an order be issued to refund the deposit of two hundred dollars to the Petitioner(s). SIGNED at , on , 19 Prepared and submitted by