Assented to 2014-04-11
An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2 The following definitions apply in this Act.
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 means the election of the chief and councillors of a participating First Nation, including by way of a by-election. (élection)
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, 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 means the Minister of Indian Affairs and Northern Development. (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 has the same meaning as in subsection 2(1) of the Indian Act. (réserve)
Adding to the Schedule
(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.
(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.
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.
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
(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.
(3) An elector becomes a candidate only if
(4) An elector must not nominate more than one candidate for each position to be filled.
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.
12 A person must not, in connection with an election,
(a) by intimidation or duress, attempt to influence another person to
(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.
- Date modified: