Indian Referendum Regulations (C.R.C., c. 957)
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Regulations are current to 2013-05-20 and last amended on 2013-03-01. Previous Versions
18.1 A ballot set aside under paragraph 17.1(a) or 18(1)(a.1) is void and shall not be counted as a vote cast.
- SOR/2000-392, s. 13.
19. As soon as is practicable after the results of the voting are known, the electoral officer shall
(a) prepare a statement in triplicate, signed by the electoral officer and by the chief or a councillor of the band, that indicates
(i) the number of electors who were entitled to vote,
(ii) the number of electors who voted,
(iii) the number of votes cast in favour of and against the question submitted in the referendum, and
(iv) the number of rejected ballots; and
(b) deliver a copy of the statement to
(i) the Assistant Deputy Minister,
(ii) the person in charge of the regional office of the Department of Indian Affairs and Northern Development, and
(iii) the chief of the band.
- SOR/94-369, s. 4;
- SOR/2000-392, s. 14.
20. (1) The electoral officer shall deposit the ballots used in the voting in a sealed envelope and retain them.
(2) If no review has been requested within 60 days after the referendum, the electoral officer shall destroy the ballots used in the voting.
- SOR/2000-392, s. 15.
SECOND REFERENDA
21. Notwithstanding sections 4.2 and 4.3, in respect of a referendum held under subsection 39(2) of the Act,
(a) the notice of the referendum shall be posted, and the material referred to in paragraph 4.2(1)(b) shall be mailed or delivered, in the manner set out in subsection 4.2(1), at least 35 days before the day on which the referendum is to be held;
(b) the notice of the referendum is not required to set out the date, time or location of an information meeting;
(c) in lieu of an information package referred to in subparagraph 4.2(1)(b)(vii), any elector to whom an information package was sent in respect of the previous referendum shall be sent
(i) a statement referring him or her to that information package, and
(ii) instructions on how to obtain an additional information package, if he or she requires one; and
(d) an information meeting is not required to be held.
- SOR/2000-392, s. 15.
REVIEW PROCEDURE
22. (1) An elector may, in the manner set out in subsection (2), request a review of the referendum by the Minister where the elector believes that
(a) there was a contravention of these Regulations that may affect the results of the referendum; or
(b) there was corrupt practice in connection with the referendum.
(2) A request for a review of a referendum shall be made by forwarding the request to the Minister, by registered mail addressed to the Assistant Deputy Minister, within seven days after the day of the referendum, accompanied by a declaration, containing the grounds for requesting the review and any other relevant information, signed in the presence of a witness who is at least 18 years of age.
(3) Within 21 days after the receipt of a request for a review of a referendum, the Minister shall mail a copy of the request to the electoral officer who conducted the referendum.
(4) Within 10 days after the receipt of a request under subsection (3), the electoral officer shall forward to the Minister, by registered mail addressed to the Assistant Deputy Minister, a declaration responding to the grounds stated in the request, signed in the presence of a witness who is at least 18 years of age.
- SOR/2000-392, s. 15.
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