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

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.