First Nations Elections Act (S.C. 2014, c. 5)

Short Title

Marginal note:Short title

1 This Act may be cited as the First Nations Elections Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

council

council has the meaning assigned by the definition council of the band in subsection 2(1) of the Indian Act. (conseil)

deputy electoral officer

deputy electoral officer means a person so appointed in accordance with the regulations. (président d’élection adjoint)

election

election means the election of the chief and councillors of a participating First Nation, including by way of a by-election. (élection)

elector

elector means a person who is registered on a Band List, as defined in subsection 2(1) of the Indian Act, and

• (a) in relation to an election, is 18 years of age or older on the day of the election;

• (b) in relation to a petition to remove from office a chief or councillor, was 18 years of age or older on the day of the election of that chief or councillor;

• (c) in relation to a nomination referred to in section 9, is 18 years of age or older on the day of the nomination; or

• (d) in relation to a vote on a proposed community election code referred to in paragraph 42(1)(b), is 18 years of age or older on the day of the vote. (électeur)

electoral officer

electoral officer means a person so appointed in accordance with the regulations. (président d’élection)

First Nation

First Nation has the meaning assigned by the definition band in subsection 2(1) of the Indian Act. (première nation)

mail-in ballot

mail-in ballot means a ballot that is sent to an elector by mail or otherwise provided to an elector other than at a polling station. (bulletin de vote postal)

member

member, in relation to a participating First Nation, means a person whose name appears, or who is entitled to have their name appear, on the Band List maintained for that First Nation under section 8 of the Indian Act. (membre)

Minister

Minister means the Minister of Indigenous Services. (ministre)

nomination meeting

nomination meeting means a meeting held for the purpose of nominating candidates for an election. (assemblée de mise en candidature)

participating First Nation

participating First Nation means a First Nation that is named in the schedule. (première nation participante)

reserve

reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve)

Adding to the Schedule

Marginal note:Order

• 3 (1) The Minister may, by order, add the name of a First Nation to the schedule if

  • (a) that First Nation’s council has provided to the Minister a resolution requesting that the First Nation be added to the schedule;

  • (b) the Minister is satisfied that a protracted leadership dispute has significantly compromised governance of that First Nation; or

  • (c) the Governor in Council has set aside an election of the Chief and councillors of that First Nation under section 79 of the Indian Act on a report of the Minister that there was corrupt practice in connection with that election.

• Marginal note:Contents of the order

  (2) The order must specify the date of the first election for the First Nation in respect of which the order is made.

• Marginal note:Effect of order on term of office

  (3) The chief and councillors of a First Nation in respect of which an order is made who hold office on the day on which the order is made continue to hold office until the day of the first election and cease to hold office on that day.

• Marginal note:Exception

  (4) Subsection 7(1) does not apply to the council that is in office on the day on which the order is made.

Marginal note:Change of name

4 In the event of a change to the name of a participating First Nation, the Minister may, by order, amend the schedule to reflect the change.

Election Dates

Marginal note:First election

5 The date of a first election must not be later than,

• (a) in the case of a First Nation whose name is added to the schedule under paragraph 3(1)(a),

  • (i) the day on which, but for the making of the Minister’s order, the term of office of its chief and councillors would have expired, or

  • (ii) if that First Nation’s council has requested in their resolution the establishment of a common election date with five or more other First Nations whose councils have made a similar request, one year after the earliest day on which, but for the order, the term of office of the chief and councillors of any one of those First Nations would have expired; and

• (b) in the case of a First Nation whose name is added to the schedule under paragraph 3(1)(b) or (c), six months after the day on which the order is made.

Marginal note:Subsequent elections

6 Subsequent elections, other than by-elections, must be held within the period of 30 days before the day on which the term of office of the incumbent chief and councillors expires.

Council

Marginal note:Composition

• 7 (1) The council of a participating First Nation is to consist of one chief and, for every 100 members of that First Nation, one councillor, but the number of councillors is not to be less than two or more than 12.

• Marginal note:Reduction — number of councillors

  (2) Despite subsection (1), the council may, by resolution, reduce the number of councillor positions but to not less than two. The reduction is applicable as of the next election that is not a by-election.

Marginal note:Statutory Instruments Act

8 The resolution referred to in subsection 7(2) is not subject to the Statutory Instruments Act.

Candidates

Marginal note:Eligibility

• 9 (1) Only an elector of a participating First Nation is eligible to be nominated as a candidate for the position of chief or councillor of that First Nation.

• Marginal note:Limitation

  (2) An elector is not to be nominated as a candidate for the position of chief and the position of councillor in the same election.

• Marginal note:Nomination

  (3) An elector becomes a candidate only if

  • (a) their nomination is moved and seconded, in the manner prescribed by regulation, by other electors of the First Nation;

  • (b) they provide their consent to be a candidate; and

  • (c) the fee imposed on them under section 11, if any, is remitted.

• Marginal note:Limitation

  (4) An elector must not nominate more than one candidate for each position to be filled.

Marginal note:Prohibition

10 A person must not, in connection with an election, consent to be a candidate knowing that they are not eligible to be a candidate.

Marginal note:Candidacy fee

11 Participating First Nations may, if authorized to do so by regulation, impose a fee of up to $250 on each candidate in an election, to be refunded if the candidate receives more than five per cent of the total votes cast.

Marginal note:Prohibition

12 A person must not, in connection with an election,

• (a) by intimidation or duress, attempt to influence another person to

  • (i) nominate or refrain from nominating a particular candidate,

  • (ii) accept or decline a nomination, or

  • (iii) withdraw as a candidate;

• (b) act, or incite another person to act, in a disorderly manner, with the intention of disrupting the conduct of a nomination meeting; or

• (c) knowingly publish a false statement that a candidate is withdrawing or has withdrawn their candidacy.

Marginal note:Order to leave

• 13 (1) An electoral officer or deputy electoral officer may order a person to leave a nomination meeting if the person is committing an offence under this Act that threatens the maintenance of order at the meeting, or if the officer believes on reasonable grounds that the person has done so.

• Marginal note:Obligation

  (2) A person to whom an order is given under subsection (1) must obey it without delay.

Ballots

Marginal note:Prohibition

14 A person must not, in connection with an election,

• (a) provide a false name in order to obtain a ballot;

• (b) possess a ballot that was not provided to them in accordance with the regulations;

• (c) purchase a mail-in ballot that was issued to another person;

• (d) sell or give away a mail-in ballot; or

• (e) print or reproduce a ballot with the intention that the print or reproduction be used as a genuine ballot, unless that person is authorized to do so under the regulations.

Voting

Marginal note:Elector entitled to vote

• 15 (1) Subject to subsection (2), only an elector of a participating First Nation is entitled to vote in an election held by that First Nation.

• Marginal note:Exception

  (2) An elector who is appointed as the electoral officer in respect of an election is not entitled to vote in that election.

Marginal note:Prohibition — any person

16 A person must not, in connection with an election,

• (a) vote or attempt to vote knowing that they are not entitled to vote;

• (b) attempt to influence another person to vote knowing that the other person is not entitled to do so;

• (c) knowingly use a forged ballot;

• (d) put a ballot into a ballot box knowing that they are not authorized to do so under the regulations;

• (e) by intimidation or duress, attempt to influence another person to vote or refrain from voting or to vote or refrain from voting for a particular candidate; or

• (f) offer money, goods, employment or other valuable consideration in an attempt to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate.

Marginal note:Prohibition — elector

17 An elector must not, in connection with an election,

• (a) intentionally vote more than once in respect of any given position of chief or councillor; or

• (b) accept or agree to accept money, goods, employment or other valuable consideration to vote or refrain from voting or to vote or refrain from voting for a particular candidate.

Marginal note:Secrecy of voting

18 Voting at an election is to be conducted by secret ballot.

Marginal note:Prohibition — elector

19 An elector must not, in connection with an election,

• (a) show their ballot, when marked, to reveal the name of the candidate for whom the elector has voted, other than in accordance with the regulations; or

• (b) in the polling station, openly declare for whom the elector intends to vote or has voted.

Polling Stations

Marginal note:Prohibition

20 A person must not, in connection with an election,

• (a) post or display in, or on the exterior surface of, a polling station any campaign literature or other material that promotes or opposes the election of a particular candidate;

• (b) within hearing distance of a polling station, orally promote or oppose the election of a candidate;

• (c) in a polling station, attempt to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate; or

• (d) act, or incite another person to act, in a disorderly manner with the intention of disrupting the conduct of the vote in a polling station.

Marginal note:Order to leave

• 21 (1) An electoral officer or deputy elector officer may order a person to leave a polling station if the person is committing an offence under this Act that threatens the maintenance of order at the polling station, or if the officer believes on reasonable grounds that a person has done so.

• Marginal note:Obligation

  (2) A person to whom an order is given under subsection (1) must obey it without delay.

Marginal note:Prohibition

22 A person must not, in connection with an election, destroy, take, open or otherwise interfere with a ballot box knowing that they are not authorized to do so under the regulations.

Awarding of Positions

Marginal note:Chief and councillor positions

23 The chief and councillor positions of a participating First Nation are awarded to the candidates for those positions who receive the highest number of votes.

Marginal note:Tied vote

24 If it is not possible to award a position under section 23 because there are two or more candidates with the same number of votes, the electoral officer must conduct a draw to break the tie.

By-Elections

Marginal note:By-elections

25 If the chief or a councillor of a participating First Nation ceases to hold office more than three months before the day on which their term of office would have expired under subsection 28(1) or section 29, the council of that First Nation may direct that a by-election be held for that position, in accordance with the regulations.