Marginal note:Time limit for applying — irregularity
62.2 An application made under section 62.1 based on an irregularity in the manner or form of the making of a by-law may not be brought later than 90 days after the coming into force of the by-law.
- 2009, c. 12, s. 9.
Marginal note:Subsequent actions
62.3 If a by-law of the Cree Regional Authority made under this Act is quashed, any action for anything done under that by-law lies only against the Cree Regional Authority and not against any other person.
- 2009, c. 12, s. 9.
PART IIBAND ELECTIONS
Marginal note:Each elector entitled to vote
63. (1) Subject to subsection (2), each elector of a band is entitled to vote in any election of council members held by that band, whether the election is conducted pursuant to an election by-law made under section 64 or pursuant to regulations made under paragraph 67(1)(a).
(2) An elector who is appointed a Returning Officer or a Deputy or Assistant Returning Officer under section 71 in respect of an election is not entitled to vote in that election.
Marginal note:Election by-law
64. Subject to section 65 and subsection 66(1), a band may make by-laws respecting the election and term of office of its council members.
Marginal note:Required minimum content of by-law
65. A by-law made under section 64 shall include provision for
(a) the calling of elections and notices of elections;
(b) the number of positions of council member;
(c) the length of the term of office of council members;
(d) the method of electing council members;
(e) the basis on which one of the council members shall hold the office of chief;
(f) the basis on which one of the councillors shall hold the office of deputy chief;
(g) nomination procedures;
(h) election method and procedure; and
(i) the recording and certification of election results.
Marginal note:Coming into force and application of election by-law
66. (1) A by-law made under section 64, or any amendment thereto or repeal thereof,
(a) does not come into force until it has been approved by
(i) the electors of the band at a special band meeting or referendum at which at least twenty per cent of the electors voted on the matter, and
(ii) the Minister; and
(b) applies only in respect of elections called after its coming into force.
Marginal note:Minister’s approval of election by-law
(2) The Minister shall approve a by-law made under section 64 if it
(a) is within the power of the band under section 64; and
(b) includes provision for the matters listed in section 65.
Marginal note:Where Minister disallows by-law
(3) Where the Minister disallows an election by-law, he shall forthwith inform the band in writing of the reasons why, in his opinion, the by-law does not meet the requirements mentioned in paragraphs (2)(a) and (b).
Marginal note:Where Minister deemed to have approved by-law
(4) The Minister shall be deemed to have approved an election by-law if he does not, within thirty days of receiving a copy thereof, either approve or disallow it.
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