Cree-Naskapi Band Elections Regulations (SOR/88-315)

Regulations are current to 2013-05-26

Cree-Naskapi Band Elections Regulations

SOR/88-315

CREE-NASKAPI (OF QUEBEC) ACT

Registration 1988-06-09

Regulations Respecting the Election of Council Members for the Cree Bands and the Naskapi Band

P.C. 1988-1111 1988-06-09

Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 67, subsection 78(3) and section 198 of the Cree-Naskapi (of Quebec) ActFootnote *, is pleased hereby to make the annexed Regulations respecting the election of council members for the Cree Bands and the Naskapi Band.

SHORT TITLE

1. These Regulations may be cited as the Cree-Naskapi Band Elections Regulations.

INTERPRETATION

2. In these Regulations,

“Act”

“Act” means the Cree-Naskapi (of Quebec) Act; (Loi)

“band election”

“band election” means a general election or an election for a position of council member referred to in sections 74 to 77 of the Act; (élection)

“electoral list”

“electoral list” means a list referred to in section 7; (liste électorale)

“land of the band”

“land of the band” means the Category IA or IA-N land of a band; (terres de la bande)

“representative”

“representative” means a person appointed pursuant to section 27; (représentant)

“Returning Officer”

“Returning Officer” means the person appointed by a band under subsection 71(1) of the Act. (directeur du scrutin)

PART I

(Paragraph 67(1)(a) of the Act)

BAND ELECTIONS

Number of Positions of Council Member

3. The council of a band shall consist of one chief and not fewer than four nor more than twelve councillors, determined on the basis of one councillor for every 100 members of the band.

Term of Office of Council Members

4. The term of office of a council member shall be for a period of two years commencing on the day following the day of the election of that member.

Calling of Elections

  • 5. (1) Where a council calls a band election, the council shall determine the day on which the poll for the election will be held and whether an advance poll or travelling poll, or both, will be held.

  • (2) Where a Returning Officer calls a band election pursuant to section 77 of the Act, the Returning Officer shall determine the day on which the poll for the election will be held and whether an advance poll or travelling poll, or both, will be held.

6. Where a band election is to be held, the Returning Officer of the band shall determine,

  • (a) in accordance with section 10, on which day the nomination meeting for the election will be held and shall decide at which hour of the day and at which location within the land of the band the meeting will be held;

  • (b) in accordance with section 25, the hours during which the poll for the election will be held and shall decide at which location within the land of the band the poll will be held;

  • (c) if necessary, on which day, prior to the day determined for the poll, during which hours and at which location within the land of the band the advance poll for the election will be held; and

  • (d) if necessary, on which day, prior to the day determined for the poll, during which hours and at which location within or outside the land of the band the travelling poll for the election will be held.