Indian Band Election Regulations (C.R.C., c. 952)

• 8 (1) Immediately after the completion of the counting of the votes, the electoral officer shall publicly declare to be elected the candidate or candidates having the highest number of votes.

• (2) Within four days after completion of the counting of the votes, the electoral officer shall

  • (a) sign and post, in at least one conspicuous place on the reserve, a statement indicating the number of votes cast for each candidate; and

  • (b) mail a copy of the statement to every elector of the band who does not reside on the reserve.

9 Where it appears that two or more candidates have an equal number of votes, the electoral officer shall give a casting vote for one or more of such candidates, but the electoral officer shall not otherwise be entitled to vote.

• 10 (1) The electoral officer shall prepare a statement in triplicate showing the total number of votes cast for each candidate, the number of rejected ballots and the names of the candidates duly declared elected.

• (2) One copy of such statement shall be forwarded to the Assistant Deputy Minister, one to the regional supervisor or the Indian commissioner for the Province of British Columbia, and one copy filed in the agency office.

• (3) The statement shall be signed by the electoral officer and such of the candidates or their agents as are present and desire to sign it.

Disposition of Ballot Papers

11 The electoral officer shall deposit all ballot papers in sealed envelopes with the superintendent, who shall retain them in his possession for eight weeks, and unless otherwise directed by the Minister or by a person authorized by him shall then destroy the ballot papers in the presence of two witnesses who shall make a declaration that they witnessed the destruction of those papers.

Accelerated Elections

• 11.1 (1) This section applies to an election where, as a result of the office of chief or a councillor becoming vacant under subsection 78(2) of the Act or the election of a chief or councillor being set aside under section 79 of the Act, it is no longer possible for the council of a band to form a quorum.

• (2) An accelerated election shall be held in accordance with sections 4 to 11 for the election of chief of a band whose reserve consists of more than one electoral section, or for the election of chief or councillor of any other band, subject to the following changes:

  • (a) subsection 4.2(1), section 4.3 and subsection 4.4(1) do not apply;

  • (b) the lists referred to in subsection 4(1) and addresses referred to in subsection 4.1(1) shall be provided to the electoral officer at least 30 days before the day of the election;

  • (c) at least seven days before the day on which a nomination meeting is to be held, the electoral officer shall

    • (i) post a notice of the nomination meeting and of the manner in which nominations can be made, and a list of names of the electors, in at least one conspicuous place on the reserve, and

    • (ii) give notice of the nomination meeting, and of the manner in which nominations may be made, by publishing an advertisement in the local newspaper with the largest circulation;

  • (d) an elector can nominate a candidate, or second the nomination of a candidate,

    • (i) by communicating the nomination or secondment to the electoral officer at any time before the commencement of the nomination meeting, or

    • (ii) orally, at the nomination meeting;

  • (e) the nomination meeting for the election shall be held at least 23 days before the date of the election;

  • (f) where a candidate withdraws his or her candidature less than 22 days before the day on which the election is to be held, that candidate’s name shall remain on the ballot;

  • (g) the electoral officer shall mail by priority post the package referred to in subsection 5(4) at least 21 days before the day on which the election is to be held;

  • (h) the outer envelope referred to in paragraph 5(4)(b) shall be postage-paid for delivery by priority post; and

  • (i) the letter of instruction referred to in paragraph 5(4)(e) shall advise the elector of the shorter time periods applicable and instruct the elector accordingly.

• (3) An accelerated election shall be held in accordance with sections 4 to 11 for the election of councillors of a band whose reserve consists of more than one electoral section, subject to the following changes:

  • (a) paragraph 4.3(1)(a), subsections 4.2(3), 4.3(2), 4.4(2) to (4) and 5(3) to (5) do not apply;

  • (b) the list referred to in subsection 4(1) shall be provided to the electoral officer at least 30 days before the day of the election;

  • (c) at least six days before the day on which a nomination meeting is to be held, the electoral officer shall post a notice of the nomination meeting and the list of names of electors in at least one conspicuous place on the reserve; and

  • (d) the nomination meeting shall be held at least six days before the date of the election.

Election Appeals

• 12 (1) Within 45 days after an election, a candidate or elector who believes that

  • (a) there was corrupt practice in connection with the election,

  • (b) there was a violation of the Act or these Regulations that might have affected the result of the election, or

  • (c) a person nominated to be a candidate in the election was ineligible to be a candidate,

  may lodge an appeal by forwarding by registered mail to the Assistant Deputy Minister particulars thereof duly verified by affidavit.

• (2) Where an appeal is lodged under subsection (1), the Assistant Deputy Minister shall forward, by registered mail, a copy of the appeal and all supporting documents to the electoral officer and to each candidate in the electoral section in respect of which the appeal was lodged.

• (3) Any candidate may, within 14 days of the receipt of the copy of the appeal, forward to the Assistant Deputy Minister by registered mail a written answer to the particulars set out in the appeal together with any supporting documents relating thereto duly verified by affidavit.

• (4) All particulars and documents filed in accordance with the provisions of this section shall constitute and form the record.

• 13 (1) The Minister may, if the material that has been filed is not adequate for deciding the validity of the election complained of, conduct such further investigation into the matter as he deems necessary, in such manner as he deems expedient.

• (2) Such investigation may be held by the Minister or by any person designated by the Minister for the purpose.

• (3) Where the Minister designates a person to hold such an investigation, that person shall submit a detailed report of the investigation to the Minister for his consideration.

14 The Minister shall report to the Governor in Council when the Minister is satisfied that

• (a) there was corrupt practice in connection with an election;

• (b) there was a contravention of the Act or these Regulations that might have affected the result of an election; or

• (c) a person nominated to be a candidate in an election was ineligible to be a candidate.

Secrecy of Voting

• 15 (1) Every person in attendance at a polling place or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting.

• (2) No person shall interfere or attempt to interfere with a voter when marking his ballot paper or obtain or attempt to obtain at the polling place information as to how a voter is about to vote or has voted.

16 to 18 [Repealed, SOR/2000-391, s. 12]