Specific Agreement Confirmation Regulations (SOR/92-677)

Appeal

• 29 (1) Any person who voted at a referendum may file an appeal if that person believes on reasonable grounds that

  • (a) there was a contravention of these Regulations that may have affected the results of the referendum; or

  • (b) there occurred a corrupt practice in connection with the referendum.

• (2) An appeal under subsection (1) shall be filed by sending by registered mail to the Assistant Deputy Minister, within seven days after the date of the referendum, a notice of appeal stating the grounds and particulars of the appeal.

• 30 (1) Not later than 21 days after receipt of a notice of appeal, the Assistant Deputy Minister shall send a copy of the notice of appeal by registered mail to the presiding officer.

• (2) Not later than 10 days after receipt of a copy of a notice of appeal, the presiding officer shall send to the Assistant Deputy Minister by registered mail a statutory declaration that contains an answer to the particulars stated in the notice of appeal.

• (3) On receipt of the declaration provided by the presiding officer pursuant to subsection (2), the Assistant Deputy Minister shall forward the notice of appeal and the declaration to the Minister.

31 The Minister may, if the material filed under subsections 29(2) and 30(2) is not sufficient to decide the validity of the grounds of appeal, conduct a further investigation.

• 32 (1) Where the Minister is satisfied that the grounds for an appeal are established and that the result of the referendum was thereby affected, the Minister shall allow the appeal, direct that another referendum be conducted, and notify the council of the band of the decision.

• (2) Where the Minister is of the opinion that the grounds for an appeal are not established or did not affect the results of the referendum, the Minister shall dismiss the appeal and notify the council of the band of the decision.

Forms

33 The Minister may prescribe such forms as are required for the purposes of these Regulations.