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

39. Where an advance poll is held in connection with a band election, an elector who has reason to believe that he will be unable to vote on the day on which the poll for the election will be held may vote at the advance poll.

40. Where a travelling poll is held in connection with a band election, an elector who has reason to believe that he will be unable to vote on the day on which and at the location at which the poll for the election will be held may vote at the travelling poll.

41. Sections 22 to 38 apply to an advance poll or travelling poll with such modifications as the circumstances require.

42. Forthwith after the closing of the poll for a band election, the Returning Officer of the band shall count the votes, including, if applicable, those at the advance poll and the travelling poll held in connection with the election, in the presence of any candidates and representatives who wish to attend.

• 43. (1) In counting votes at a band election, the Returning Officer of the band shall reject any ballot

  • (a) that was not initialled by the Returning Officer, the Deputy Returning Officer or an Assistant Returning Officer;

  • (b) that is blank;

  • (c) on which there appear more votes than there are positions to be filled;

  • (d) on which there appear marks or writing identifying the elector; or

  • (e) on which the Returning Officer has marked “declined” or “damaged”.

• (2) In counting votes at a band election, the Returning Officer of the band shall reject, on a ballot, any vote that does not clearly indicate the elector’s intention.

44. Where a candidate or a representative objects to a decision of the Returning Officer concerning the counting of a vote in a band election, the Returning Officer of the band shall

• (a) decide any questions arising out of the objection;

• (b) number and record the objection in the appropriate poll book; and

• (c) write on the back of the ballot the word or words “allowed”, “allowed in part” or “rejected”, as the case may be, as well as the number of the objection and initial the ballot.

• 45. (1) During the counting of the votes at a band election, the Returning Officer of the band shall

  • (a) if applicable, separate the ballots provided for the election for the position of chief from the ballots provided for the election for the position of councillor; and

  • (b) sort the ballots provided for the election for the position of chief or councillor, as the case may be, into two separate lots consisting of

    • (i) all the ballots allowed or allowed in part, and

    • (ii) all the rejected ballots.

• (2) Forthwith after the counting of the votes at a band election, the Returning Officer of the band shall

  • (a) place each of the lots of ballots referred to in paragraph (1)(b) in a separate envelope and label each envelope to indicate its contents; and

  • (b) complete and sign a poll report in the form set out in Schedule VI and forward a copy of the poll report to each of the candidates for the election, the band secretary, the Minister of Indian Affairs and Northern Development and, in the case of a Cree band election, to the secretary of the Cree Regional Authority.