Inuk of Fort George Observer Regulations (SOR/86-868)

Short Title

1 These Regulations may be cited as the Inuk of Fort George Observer Regulations.

Interpretation

2 In these Regulations,

Act

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

landholding corporation

landholding corporation means the Kiggaluk Corporation incorporated pursuant to section 5 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec) and as designated by Quebec Order in Council 2210-82 dated September 22, 1982; (corporation foncière)

observer

observer means the observer referred to in section 36 of the Act; (observateur)

Secretary of the Council of the Kativik Regional Government

Secretary of the Council of the Kativik Regional Government means the person appointed as secretary pursuant to section 298 of An Act respecting Northern Villages and the Kativik Regional Government (Quebec). (secrétaire du conseil de l’administration régionale Kativik)

Selection of Observer

• 3 (1) Where

  • (a) there is a general election of the council of the Chisasibi Band and the council elected does not include an Inuk of Fort George,

  • (b) pursuant to section 69 of the Act, the office of a council member of the Chisasibi Band who is an Inuk of Fort George becomes vacant and, after his successor in office is elected, the council of the Chisasibi Band does not include an Inuk of Fort George, or

  • (c) pursuant to section 12 or 13, the position of observer becomes vacant,

  within 30 days after the election or the vacancy, the landholding corporation shall call a meeting in the manner set out in subsection (2).

• (2) The landholding corporation shall call the meeting referred to in subsection (1) by posting in a public place in Chisasibi, at least three days prior to the date fixed for the meeting, a notice in English, Cree and Inuttituut setting out the purpose, date, time and place of the meeting, the place where nominations will be received by the landholding corporation and stating that nominations for the position of observer will be received by the landholding corporation up until 24 hours prior to the time set for the meeting.

• (3) The landholding corporation shall receive nominations for the position of observer up until 24 hours prior to the time set for the meeting referred to in subsection (1).

4 Any Inuk of Fort George who is eligible to nominate a candidate for observer may, in writing, nominate an Inuk of Fort George who is eligible to be a candidate for observer by submitting to the landholding corporation a nomination signed by the Inuk nominated.

5 An Inuk of Fort George, if 18 years of age or over and not declared mentally incompetent under the laws of the Province, is eligible at a meeting to select an observer, to vote for, nominate a candidate for, or be a candidate for observer unless he

• (a) has been convicted of contravening a regulation made under paragraph 67(1)(b) of the Act within the four year period preceding the date fixed for the meeting for the selection of the observer;

• (b) is the band secretary or band treasurer of the Chisasibi Band referred to in section 41 of the Act;

• (c) is a judge to which the Judges Act applies or is a Crown prosecutor; or

• (d) is, on the day fixed for the meeting of the selection of the observer, undergoing a term of imprisonment as a result of having been convicted of an indictable offence.

6 The landholding corporation shall preside over the voting for the observer and the voting shall take place with a show of hands.

7 The candidate for observer who receives the largest number of votes at the meeting is selected observer if at least 15 eligible voters attend the meeting.

8 Where two or more candidates receive an equal number of votes and an additional vote cast for one of the candidates would enable that candidate to be declared to have obtained the largest number of votes, the landholding corporation shall hold another vote, in accordance with section 6, in respect of only those candidates.

9 Where fewer than 15 eligible voters attend a meeting, the landholding corporation shall call another meeting by posting a notice in accordance with section 3.

Announcement of Results

10 The landholding corporation shall, within seven days after the selection of the observer,

• (a) post the name of the person selected as observer in a public place in Chisasibi; and

• (b) communicate, in writing, the name of the observer to the band secretary of the Chisasibi Band, to the Secretary of the Council of the Kativik Regional Government and to the Minister.

Term of Office

11 The term of office of the observer expires

• (a) on the day of a general election of the Chisasibi Band;

• (b) on any day that an Inuk of Fort George is elected a council member of the Chisasibi Band;

• (c) on the day that the position of the observer becomes vacant pursuant to section 12; or

• (d) on the day that, pursuant to section 13, the landholding corporation declares the position vacant.

Vacancy

12 The position of observer becomes vacant if the observer

• (a) dies or submits his resignation in writing to the landholding corporation;

• (b) is convicted of contravening a regulation made under paragraph 67(1)(b) of the Act in respect of an election where no Inuk of Fort George was elected;

• (c) is appointed band secretary or band treasurer of the Chisasibi Band pursuant to section 41 of the Act;

• (d) is appointed a judge to which the Judges Act applies or a Crown prosecutor;

• (e) commences a term of imprisonment as a result of having been convicted of an indictable offence; or

• (f) is declared mentally incompetent in accordance with the laws of the Province.

13 Where the observer has, without permission of the landholding corporation, been absent from three or more consecutive council meetings otherwise than by reason of illness or incapacity, the landholding corporation may by resolution declare the office of observer vacant.