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

Regulations are current to 2013-04-29

Contestation of Election Results

 A petition prepared pursuant to subsection 78(3) of the Act shall be in the form set out in Schedule VIII.

Election Materials

  •  (1) The Returning Officer of a band shall retain and safeguard all the election materials used in a band election including the ballots, ballot boxes, electoral list, poll books, poll report and report of the election results for a period of 14 days after the day on which the poll for the band election is held.

  • (2) Subject to subsection (3), after the expiration of the period referred to in subsection (1), the Returning Officer of a band shall remit to the band secretary for safekeeping all the election materials referred to in subsection (1), except the ballots, which shall be destroyed by the Returning Officer in the presence of two witnesses.

  • (3) Where the election of a council member for a band is contested pursuant to section 78 of the Act, the Returning Officer of the band shall continue to retain and safeguard the election materials referred to in subsection (1) until otherwise directed by the judge who is inquiring into the election.

General Provisions

  •  (1) The Returning Officer of a band shall supervise the conduct of any election held by that band.

  • (2) The Deputy Returning Officer or an Assistant Returning Officer appointed by the Returning Officer pursuant to subsection 71(2) of the Act may, under the supervision of the Returning Officer, perform the duties of the Returning Officer under these Regulations except those referred to in subsections 15(2) and (3), sections 26, 42 to 45 and 48, subsections 49(1) and 50(1), sections 51 and 53 and this section.

 All documents referred to in these Regulations for use in a band election shall be in either the English or the French language and may also be in the Cree language or the Naskapi language, as the case may be.

PART II

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

OFFENCES

Prohibited Acts

 No person shall, at a poll for a band election, vote or attempt to vote

  • (a) more than once;

  • (b) knowing that he is not entitled to vote; or

  • (c) under any name other than his own name.

 No person shall induce another person to vote at a poll for a band election knowing that the other person is not entitled to vote.

 No person shall use bribery, treating, undue influence or any other corrupt practice in a band election.

 No person shall cause or attempt to cause any disturbance at a nomination meeting or at a polling station.

 No person shall campaign or advertise in connection with a band election in a polling station or within 30 metres of a polling station.

 No person shall be present in a polling station except those authorized by a by-law made under section 64 of the Act or these Regulations and those present for the purposes of voting.

 Unless authorized by a by-law made under section 64 of the Act or by subsection 31(2), no person shall

  • (a) be in a voting compartment with an elector;

  • (b) be in a position from which the person can see for whom an elector marks his ballot; or

  • (c) at a polling station, attempt to know how an elector intends to vote.