Naskapi and the Cree-Naskapi Commission Act

Marginal note:Individual election

• 76 (1) A band shall hold an election for a position of council member forthwith after the expiration of the term of office of that council member.

• Marginal note:Idem

  (2) Where a position of council member becomes vacant more than six months before the expiration of the term of office of that council member, the band shall forthwith hold an election for that position.

• Marginal note:Idem

  (3) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, the band may hold an election for that position.

• Marginal note:Where no quorum due to vacancies

  (4) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, and that vacancy results in there being in office less than the number of council members required to constitute a quorum under subsection 33(1), the band shall, unless it holds an election for that position or a general election, hold an ordinary band meeting within ten days for the purpose of appointing a sufficient number of council members to restore the quorum.

• Marginal note:Method of appointment

  (5) The appointment of council members referred to in subsection (4) shall be made by a vote of the electors of the band.

• Marginal note:Eligibility rules apply

  (6) Section 68 applies, with such modifications as the circumstances require, to appointments pursuant to subsection (5).

• Marginal note:Term of appointed council member

  (7) A council member appointed pursuant to subsection (5) remains in office for the balance of the term in respect of which the vacancy occurred.