Cree-Naskapi (of Quebec) Act (S.C. 1984, c. 18)

Marginal note:Regulations respecting elections

• 67. (1) The Governor in Council may make regulations

  • (a) respecting the election of council members and their term of office, including the matters listed in section 65; and

  • (b) prohibiting acts that are detrimental to the conduct of free and fair elections.

• Marginal note:Application of regulations

  (2) The regulations made under paragraph (1)(b) apply to all elections, but those made under paragraph (1)(a) apply only where, at the time of the calling of the election, there was not in force an election by-law made under section 64.

Marginal note:Eligibility to be elected council member

68. Any elector of a band is eligible to be elected to the office of council member of that band unless he

• (a) has been convicted of contravening a regulation made under paragraph 67(1)(b) within the two year period preceding the date fixed for the holding of the election for that office or, where the most recent election for that office took place before that two year period, in respect of the most recent election for that office;

• (b) has been appointed as a Returning Officer or as a Deputy or Assistant Returning Officer in respect of the election for that office;

• (c) is the band secretary or band treasurer referred to in section 41;

• (d) is a judge to which the Judges Act applies or is a Crown prosecutor;

• (e) is, on the day fixed for the holding of the election for that office, undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or

• (f) in the case of a Naskapi beneficiary, resides on the Matimekosh Reserve.

Marginal note:Circumstances in which office becomes vacant

69. Apart from general elections referred to in section 74, an office of council member becomes vacant immediately on the occurrence of one of the following events, and only the following events:

• (a) the election of the office-holder to that office is declared invalid pursuant to subsection 78(7);

• (b) the office-holder

  • (i) dies or submits his resignation in writing to the council,

  • (ii) is convicted of contravening a regulation made under paragraph 67(1)(b),

  • (iii) is appointed band secretary or band treasurer pursuant to section 41,

  • (iv) is appointed a judge to which the Judges Act applies or a Crown prosecutor,

  • (v) commences a term of imprisonment as a result of having been convicted of an indictable offence, or

  • (vi) is declared mentally incompetent in accordance with the laws of the Province;

• (c) the office-holder’s term of office expires, whether pursuant to this Act, a by-law made under section 64 or regulations made under paragraph 67(1)(a);

• (d) in the case of a Naskapi beneficiary, the office-holder resides on the Matimekosh Reserve; or

• (e) the office is declared vacant pursuant to section 70.