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

32 After marking a ballot, an elector shall forthwith return the ballot to the Returning Officer who shall check, without attempting to see how the elector voted, whether the ballot has been initialled by the Returning Officer.

• 33 (1) Subject to subsections (2) and (3), the Returning Officer to whom a ballot is returned shall request the elector who returned the ballot to deposit it in the ballot box.

• (2) Where a ballot that was not initialled by the Returning Officer is returned to the Returning Officer by an elector, the Returning Officer shall mark the word “declined” on the back of the ballot and deposit the ballot in the ballot box.

• (3) Where a returned ballot is damaged, the Returning Officer to whom the ballot is returned shall mark the word “damaged” on the back of the ballot and deposit it in the ballot box.

34 An elector whose ballot was marked “declined” pursuant to subsection 33(2) or “damaged” pursuant to subsection 33(3) shall be entitled to receive a replacement ballot.

35 The Returning Officer at a polling station shall list, in the poll book provided for that polling station, the name of each elector who receives a ballot at the polling station and shall record opposite an elector’s name any case where

• (a) the elector receives assistance to vote pursuant to subsection 31(2) and the reason for that assistance; or

• (b) the elector after receiving a ballot left the polling station without returning the ballot to the Returning Officer.

• 36 (1) An elector who after receiving a ballot at a polling station leaves the polling station without returning the ballot to the Returning Officer shall be considered to have voted.

• (2) Where an elector referred to in subsection (1) later returns a ballot to a Returning Officer, the Returning Officer shall mark the word “declined” on the back of the ballot and deposit it in the ballot box.

37 An elector who is inside a polling station at the time determined for the closing of the polling station and who is otherwise entitled to vote at that polling station shall be entitled to vote before the polling station is closed.

• 38 (1) Forthwith after a polling station is closed, the Returning Officer at the polling station shall

  • (a) record in the poll book for that polling station the number of ballots issued for the polling station, the number of ballots used and the number of ballots remaining unused; and

  • (b) place in separate envelopes the unused ballots for chief and the unused ballots for councillor and label each envelope to indicate its contents.

• (2) Where the duties of the Returning Officer of a band at a polling station are performed by a Deputy Returning Officer or an Assistant Returning Officer, the Deputy Returning Officer or the Assistant Returning Officer, as the case may be, shall, forthwith after complying with subsection (1), return the ballot boxes and poll books used at the polling station and the envelopes of unused ballots to the Returning Officer of the band.

Advance Polls and Travelling Polls

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.

Counting the Votes

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.

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.

Recount Poll

• 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.

Election Results

• 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.

Contestation of Election Results

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

Election Materials

• 53 (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

• 54 (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.

55 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

56 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.

57 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.

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

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

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

61 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.