Positions of Council Members
46. (1) Where a poll is held for the position of chief, the candidate for the position who receives the largest number of votes shall be elected chief.
(2) Where a poll is held for one or more positions of councillor, the candidate or candidates, to the number corresponding to the number of positions of councillor to be filled, who receive the largest number of votes shall be elected councillor.
47. (1) Where a poll is held at a general election, the candidate who receives the largest number of votes for the position of councillor shall be the deputy chief.
(2) In any circumstances other than the circumstances referred to in subsection (1), the council of a band shall designate, from among the councillors of the band, one councillor to be the deputy chief.
Proclamation of Candidates Elected
48. Forthwith after the counting of votes in a band election, the Returning Officer of the band shall proclaim elected the candidates elected in accordance with section 46.
Recount of Votes
49. (1) The Returning Officer of a band shall recount the votes for a position to be filled at a band election where
(a) there is an equal number of votes for each of two or more candidates for
(i) the position of chief,
(ii) the position of deputy chief, or
(iii) a position of councillor, where the position is the only position or the only remaining position to be filled; or
(b) the Returning Officer receives, within one day after the day on which the poll for the band election was held, a written request for a recount of votes from a candidate for a position to be filled at the election.
(2) Sections 42 to 48 apply, with such modifications as the circumstances require, to any recount of votes.
50. (1) Where after a recount of votes there exists an equal number of votes for each of two or more candidates for a position referred to in paragraph 49(1)(a), the Returning Officer of the band shall, within 28 days after the day on which the recount was conducted, hold a second poll for those candidates for that position.
(2) These Regulations apply to a poll referred to in subsection (1) with such modifications as the circumstances require.
51. (1) Within five days after the day on which the poll for a band election was held, the Returning Officer of the band shall
(a) prepare a report of election results in the form set out in Schedule VII;
(b) sign the report;
(c) prominently post a copy of the report in the head office of the band and in one or more public places within the land of the band; and
(d) forward a copy of the report of election results to the persons referred to in paragraph 45(2)(b).
(2) Where all the candidates for a band election have been elected by acclamation, the Returning Officer of the band shall comply with subsection (1) within five days of the nomination meeting held for that election.
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