Specific Agreement Confirmation Regulations (SOR/92-677)

Regulations are current to 2013-05-20

Specific Agreement Confirmation Regulations

SOR/92-677

INDIAN LANDS AGREEMENT (1986) ACT

Registration 1992-11-23

Regulations Respecting the Confirmation of Specific Agreements by Referendum

P.C. 1992-2318  1992-11-19

His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 5 of the Indian Lands Agreement (1986) ActFootnote *, is pleased hereby to make the annexed Regulations respecting the confirmation of specific agreements by referendum.

SHORT TITLE

1. These Regulations may be cited as the Specific Agreement Confirmation Regulations.

INTERPRETATION

2. In these Regulations,

“Assistant Deputy Minister”

“Assistant Deputy Minister” means the Assistant Deputy Minister, Lands, Revenues and Trusts, of the Department of Indian Affairs and Northern Development; (sous-ministre adjoint)

“band”

“band” means a band in respect of which a referendum is to be held; (bande)

“deputy presiding officer”

“deputy presiding officer” means a person appointed by the presiding officer pursuant to paragraph 9(1)(a); (président du scrutin)

“Minister”

“Minister” means the Minister of Indian Affairs and Northern Development; (ministre)

“peace officer”

“peace officer” means a sheriff, deputy sheriff, sheriff’s officer, police officer, police constable or any other person who is employed for the preservation and maintenance of the public peace; (agent de la paix)

“presiding officer”

“presiding officer” means a presiding officer appointed pursuant to subsection 4(1); (président d’élection)

“referendum”

“referendum” means a referendum held under section 10 of the schedule to the Indian Lands Agreement (1986) Act to confirm a specific agreement. (référendum)

SECRET BALLOT

3. A referendum shall be conducted by secret ballot.

APPOINTMENT OF PRESIDING OFFICER

  • 4. (1) Where a band proposes to confirm a specific agreement by referendum, the council of the band shall, within 15 days after the band enters into the specific agreement, appoint a presiding officer and inform the Minister of the date on which the referendum is to be held and the name of the presiding officer.

  • (2) On receipt of the information referred to in subsection (1), the Minister may designate an official of the Department of Indian Affairs and Northern Development to be an observer at the referendum and shall inform the council of the band of the name of any official so designated.

ELIGIBLE VOTERS

5. Every person is an eligible voter and entitled to vote at a referendum who

  • (a) is a member of the band;

  • (b) is at least 18 years of age; and

  • (c) is not disqualified from voting at band elections.