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.

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.

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).

• Marginal note:Exception

  (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.