Specific Agreement Confirmation Regulations (SOR/92-677)
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Regulations are current to 2013-05-26
20. A voter who is inside a polling station at the time fixed for closing the polling station is entitled to vote before the polling station is closed.
EXAMINATION AND COUNTING OF BALLOTS
21. Immediately after the closing of a polling station, the presiding officer shall examine the ballots in the presence of any members of the council of the band who are present and shall
(a) reject any ballot that was not supplied by the presiding officer and any ballot that does not clearly indicate the decision of the voter; and
(b) of the ballots that have not been rejected, count the number of votes that were in favour of and the number of votes that were against the specific agreement.
22. (1) The presiding officer shall collect the ballots used in the voting, place them in a sealed envelope and keep them for 60 days.
(2) After the 60 days referred to in subsection (1), the presiding officer shall destroy the ballots in the presence of two witnesses unless the Assistant Deputy Minister directs the officer not to destroy them.
MAINTAINING PEACE AND ORDER
23. The presiding officer shall maintain peace and good order during the voting and for that purpose may enlist the assistance of peace officers.
REPORT ON REFERENDUM
24. (1) When the presiding officer knows the results of the voting at all of the polling stations, the presiding officer shall immediately prepare a report that sets out
(a) the date on which the referendum was held;
(b) the number of eligible voters;
(c) the number of eligible voters who voted;
(d) the number of votes in favour of the specific agreement;
(e) the number of votes against the specific agreement; and
(f) the number of rejected ballots.
(2) The report shall be prepared in triplicate and be signed by the presiding officer and by the chief or a member of the council of the band.
(3) The presiding officer shall submit a copy of the report to the chief or a member of the council of the band and to the Assistant Deputy Minister.
25. Within seven days after a referendum is held, an observer designated under subsection 4(2) shall submit a written report to the Minister that sets out the information referred to in paragraphs 24(1)(a) to (f).
26. The Assistant Deputy Minister shall inform the Attorney General of Ontario of the results of the vote within 15 days after receipt of the report referred to in section 24.
APPROVAL REQUIREMENT FOR CONFIRMATION
27. Where a majority of all eligible voters of a band vote in a referendum, a specific agreement is confirmed if a majority of those who vote assent to it.
SUBSEQUENT REFERENDUM
28. (1) Where a majority of all eligible voters of a band did not vote in a referendum, the council of the band may, if the proposed specific agreement was assented to by a majority of those who voted, call another referendum to be held in accordance with these Regulations.
(2) Where under a referendum that is called under subsection (1) the proposed specific agreement is assented to by a majority of those who vote, the specific agreement is confirmed.
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