Cree-Naskapi (of Quebec) Act (S.C. 1984, c. 18)

Marginal note:Meaning of “general election”

• 74. (1) Where a general election of a band is held, the term of office of every council member expires on the day of that general election.

• Marginal note:Band may call general election

  (2) A band may hold a general election at any time.

Marginal note:Electors may request general election

• 75. (1) Any ten electors of a band may, subject to subsection (2), file a petition with the band secretary requesting that a special band meeting be convened for the purpose of deciding whether a general election of the band should be held.

• Marginal note:Limitation

  (2) A petition may not be filed under subsection (1) within one year after the previous general election or within one year after the filing of the most recent valid petition under that subsection.

• Marginal note:Electors may require band to call general election

  (3) Within ten days after the filing of a valid petition under this section, the band shall call a special band meeting, to be held as soon as possible, for the purpose of deciding whether a general election of the band shall be held, and if, at that special band meeting,

  • (a) at least fifty per cent of the electors of the band vote on that question,

  • (b) the majority of those voting vote in favour of holding a general election, and

  • (c) the majority referred to in paragraph (b) consists of at least one-third of the total number of electors of the band,

  the band shall forthwith hold a general election.

Marginal note:Individual election

• 76. (1) A band shall hold an election for a position of council member forthwith after the expiration of the term of office of that council member.

• Marginal note:Idem

  (2) Where a position of council member becomes vacant more than six months before the expiration of the term of office of that council member, the band shall forthwith hold an election for that position.

• Marginal note:Idem

  (3) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, the band may hold an election for that position.

• Marginal note:Where no quorum due to vacancies

  (4) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, and that vacancy results in there being in office less than the number of council members required to constitute a quorum under subsection 33(1), the band shall, unless it holds an election for that position or a general election, hold an ordinary band meeting within ten days for the purpose of appointing a sufficient number of council members to restore the quorum.

• Marginal note:Method of appointment

  (5) The appointment of council members referred to in subsection (4) shall be made by a vote of the electors of the band.

• Marginal note:Eligibility rules apply

  (6) Section 68 applies, with such modifications as the circumstances require, to appointments pursuant to subsection (5).

• Marginal note:Term of appointed council member

  (7) A council member appointed pursuant to subsection (5) remains in office for the balance of the term in respect of which the vacancy occurred.