GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
RCMP External Review Committee Rules of Practice and Procedure — RCMP External Review Committee Rules of Practice and Procedure
Registrar means the person appointed pursuant to subsection 27(2) of the Act and designated as Registrar by the Committee Chairman. ( greffier )
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3 Where any matter arises during the course of proceedings before the Committee not otherwise provided for in these Rules, the Committee may take whatever steps it considers necessary to settle the matter.
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4 Where a time limit or deadline set out under these Rules falls on a Saturday or statutory holiday, the time limit or deadline shall be extended to the next working day.
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5 (1) Except where the Committee considers an application to appear on the day of hearing, a person seeking to appear before the Committee shall, not later than five working days before the date of the hearing of that matter, file with the Committee an application in writing setting out the nature of the person’s interest in the matter before the Committee. (2) The Registrar shall send a copy of the application referred to in subsection (1) to the parties to the matter being heard by the Committee. SOR/91-544, s. 2
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6 Committee members may participate in meetings by telephone or other means of telecommunication.
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7 (1) When referring a matter to the Committee, the Commissioner or the Commissioner’s delegate shall send to the Committee Chairman, as the case may be, (a) a bound copy of the record required to be furnished under subsection 33(3) of the Act, including the style of the cause and an index; or (b) three bound copies of the record referred to in subsection 45.15(4) or 45.25(3) of the Act, including in each case the style of the cause and an index. (2) The Commissioner or the Commissioner’s delegate shall certify by affidavit that the record required to be provided to the Committee Chairman by the Commissioner in respect of a matter referred to the Committee has been so provided. (3) In the case of a matter referred under section 33 of the Act, the Commissioner or the Commissioner’s delegate shall certify by affidavit that the appropriate officer and the member presenting the grievance have each been provided with a copy of the record sent to the Committee pursuant to subsection (1)(a). SOR/91-544, s. 3; SOR/97-437, s. 1
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8 (1) In the course of reviewing a matter referred to the Committee by the Commissioner, the Committee Chairman may permit the parties and interested persons to file written submissions for the purpose of clarifying the matter. (2) On receiving the submission from a party or interested person, the Committee Chairman shall provide a copy of it to all other parties and interested persons. (3) Any of the parties or interested persons may, within 14 days after receiving the submission or within such longer period as is allowed by the Committee where justified in the circumstances, file a written response to it with the Committee. SOR/91-544, s. 4; SOR/97-437, s. 1
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9 (1) A Committee member shall immediately notify the Committee Chairman where the Committee member, (a) apart from any functions as a Committee member, has had previous, or has any current, personal or professional association with a member whose grievance, formal disciplinary appeal or discharge or demotion appeal is before the Committee; or (b) is an employee, associate, counsel or member of a legal firm that is representing the member referred to in paragraph (a). (2) Where the Committee Chairman determines that the Committee member has a real or potential conflict of interest, the Committee Chairman shall request the Committee member to withdraw from any further participation in the matter before the Committee.
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10 (1) Any record required by these Rules to be filed with the Committee shall be addressed to the Registrar and be either sent by registered mail or delivered by hand to the office of the Registrar. (2) Where a record is sent by registered mail, the effective date of filing is the date of mailing. SOR/91-544, s. 5
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11 (1) Where the Committee Chairman decides to institute a hearing to inquire into a matter, any party to that matter may, at any time before the hearing, request in writing that another party to that matter produce for inspection a record and copies of that record. (2) The person to whom a request is made in accordance with subsection (1) shall produce the record requested within a reasonable time from the date on which the request is received. (3) Where a party fails to produce a record in accordance with subsection (2), the party may not present the record in evidence at the hearing, unless the party satisfies the Committee that the party has sufficient cause for failing to produce the record.
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12 The Committee may, verbally or in writing, direct the parties to appear before the Committee at a specified time and place, or to file submissions in writing to the Committee, for the purpose of formulating issues and assisting the Committee in the consideration of (a) the simplification of issues; (b) the necessity or desirability of amending any submission for the purpose of clarification, amplification or limitation; (c) the admissibility of certain facts or the proof of them by affidavit, or the use by any party of reports or other matters of public record; (d) the procedure at the hearing; (e) the exchange among the parties of records and exhibits proposed to be submitted at the hearing; and (f) any other matters that may assist in the simplification of the evidence and conduct of the proceedings. SOR/91-544, s. 6; SOR/97-437, s. 2
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13 At a hearing before the Committee, a party or an interested person is entitled to make representations to the Committee, to present evidence and to examine and cross-examine witnesses in either official language.
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14 The Committee may direct a party or an interested person to file a written argument in addition to any verbal argument. SOR/91-544, s. 7
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15 Where a party or an interested person has not complied with any requirement of these Rules, the Committee may stay the proceedings until it is satisfied that the requirement has been complied with or take such other measures as it considers just and reasonable in the circumstances.
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16 (1) Where a notice of hearing has been issued, any party may, with the consent of all of the other parties to the hearing and after notifying all interested persons, file with the Committee a written request for a postponement of the hearing. (2) Where a party does not consent to a postponement, the party seeking the postponement may, after sending a written notice to all of the other parties and interested persons, appear before the Committee at a time and place set for the hearing and request that the hearing be postponed. SOR/91-544, s. 8
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17 The Committee may adjourn a hearing at any time in order to permit a party to the hearing, or an interested person, to obtain such additional information as the Committee deems necessary to a full investigation and full consideration of the matter.
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18 A hearing, once commenced, shall proceed from day to day so far as, in the opinion of the Committee, may be practicable, and, if necessary, may proceed in the evenings and on Saturdays at the discretion of the Committee.
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19 (1) [Repealed, SOR/97-437, s. 3] (2) A summons may be issued on written request by a party or an interested person. (3) Unless the Committee directs otherwise, no summons to a person may be issued for the production of an original record if the record, by virtue of a statutory provision or a provision made pursuant to statute, may be proved by a copy in a prescribed manner. (4) A summons to any person shall be served on the person to whom it is issued in accordance with section 47.2 of the Act. (5) [Revoked, SOR/91-544, s. 9] SOR/91-544, s. 9; SOR/97-437, s. 3
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20 Claims under subsections 35(12) and 46(3) of the Act must be submitted to the Registrar for consideration by the Committee. SOR/91-544, s. 10; SOR/97-437, s. 4
Cree-Naskapi Band Elections Regulations — *
Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to section 67, subsection 78(3) and section 198 of the Cree-Naskapi (of Quebec) Act * , is pleased hereby to make the annexed Regulations respecting the election of council members for the Cree Bands and the Naskapi Band . * S.C. 1984, c. 18
Cree-Naskapi Band Elections Regulations — 1
1 These Regulations may be cited as the Cree-Naskapi Band Elections Regulations .
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2 In these Regulations, Act means the Cree-Naskapi (of Quebec) Act ; ( Loi ) band election means a general election or an election for a position of council member referred to in sections 74 to 77 of the Act; ( élection ) electoral list means a list referred to in section 7; ( liste électorale ) land of the band means the Category IA or IA-N land of a band; ( terres de la bande ) representative means a person appointed pursuant to section 27; ( représentant ) Returning Officer means the person appointed by a band under subsection 71(1) of the Act. ( directeur du scrutin )
Cree-Naskapi Band Elections Regulations — Cree-Naskapi Band Elections Regulations
Act means the Cree-Naskapi (of Quebec) Act ; ( Loi )
Cree-Naskapi Band Elections Regulations — Cree-Naskapi Band Elections Regulations
band election means a general election or an election for a position of council member referred to in sections 74 to 77 of the Act; ( élection )
Cree-Naskapi Band Elections Regulations — Cree-Naskapi Band Elections Regulations
electoral list means a list referred to in section 7; ( liste électorale )
Cree-Naskapi Band Elections Regulations — Cree-Naskapi Band Elections Regulations
land of the band means the Category IA or IA-N land of a band; ( terres de la bande )
Cree-Naskapi Band Elections Regulations — Cree-Naskapi Band Elections Regulations
representative means a person appointed pursuant to section 27; ( représentant )
Cree-Naskapi Band Elections Regulations — Cree-Naskapi Band Elections Regulations
Returning Officer means the person appointed by a band under subsection 71(1) of the Act. ( directeur du scrutin )
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3 The council of a band shall consist of one chief and not fewer than four nor more than twelve councillors, determined on the basis of one councillor for every 100 members of the band.
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4 The term of office of a council member shall be for a period of two years commencing on the day following the day of the election of that member.
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5 (1) Where a council calls a band election, the council shall determine the day on which the poll for the election will be held and whether an advance poll or travelling poll, or both, will be held. (2) Where a Returning Officer calls a band election pursuant to section 77 of the Act, the Returning Officer shall determine the day on which the poll for the election will be held and whether an advance poll or travelling poll, or both, will be held.
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6 Where a band election is to be held, the Returning Officer of the band shall determine, (a) in accordance with section 10, on which day the nomination meeting for the election will be held and shall decide at which hour of the day and at which location within the land of the band the meeting will be held; (b) in accordance with section 25, the hours during which the poll for the election will be held and shall decide at which location within the land of the band the poll will be held; (c) if necessary, on which day, prior to the day determined for the poll, during which hours and at which location within the land of the band the advance poll for the election will be held; and (d) if necessary, on which day, prior to the day determined for the poll, during which hours and at which location within or outside the land of the band the travelling poll for the election will be held.
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7 Where a band election is to be held, the Returning Officer of the band shall prepare and sign an electoral list that sets out, in alphabetical order, the names of the electors of the band.
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8 (1) The Returning Officer of a band may, on the application of an elector, revise an electoral list of the band to add the name of an elector whose name had been omitted from the list, correct the name of an elector whose name had been incorrectly set out or delete the name of a person who is not an elector. (2) The Returning Officer of a band may, on his own initiative, correct any clerical errors in an electoral list of the band. (3) A Returning Officer shall initial each revision and correction made to an electoral list pursuant to subsection (1) or (2), as the case may be.
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9 At least 15 clear days prior to the day determined for the poll for a band election, the Returning Officer of the band shall prominently post, in the head office of the band and in one or more public places within the land of the band, (a) a copy of the notice of election in the form set out in Schedule I and signed by the Returning Officer; and (b) a copy of the electoral list for the election.
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10 A nomination meeting for a band election shall be held during the period commencing five clear days after the posting of the notice of election for the election and ending five clear days prior to the day determined for the poll for the election.
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11 No person shall be a candidate for the position of council member unless that person is an elector who is eligible to be elected to that position.
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12 A nomination may be made in writing, on a nomination paper, or orally, at a nomination meeting.
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13 A written nomination for a band election shall be in the form set out in Schedule II and shall be signed by the candidate nominated and by three other electors of the band and shall be forwarded to the Returning Officer of the band prior to the nomination meeting for the election.
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14 On the day, at the hour and at the location specified in the election notice for a band election, the Returning Officer of the band shall declare the nomination meeting open and announce and post the names of the candidates for the position of chief or councillor for whom a written nomination has been received by the Returning Officer pursuant to section 13.
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15 (1) An oral nomination presented at a nomination meeting for a band election shall be proposed by an elector of the band and seconded by another elector of the band. (2) A person who is nominated orally at a nomination meeting for a band election shall indicate his acceptance or refusal of the nomination to the Returning Officer of the band prior to the close of the meeting and, where he does not so indicate, he shall be considered to have refused the nomination. (3) Where a person who is nominated orally at a nomination meeting for a band election is not present at the meeting, the person shall indicate his acceptance or refusal of the nomination to the Returning Officer of the band by telephone, radio or any other means considered appropriate by the Returning Officer. (4) At the nomination meeting for a band election, the Returning Officer of the band shall indicate the requirements of subsections (1) to (3) to the persons at the meeting.
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16 No person shall accept nominations as a candidate in a band election for both the position of chief and the position of councillor.
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17 (1) Subject to subsection (2), at the nomination meeting for a band election, the Returning Officer of the band shall declare the meeting closed when nominations have ceased. (2) No nomination meeting or session of a nomination meeting shall last less than two hours.
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18 (1) Where, immediately before the close of a nomination meeting for a band election, there is an insufficient number of candidates to fill all vacant positions, the Returning Officer of the band shall declare the first session of the meeting adjourned and shall reconvene the meeting at a second session two days later. (2) No nomination meeting shall consist of more than two sessions.
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19 (1) Where, at the close of a nomination meeting for a band election, there is only one candidate for the position of chief, the Returning Officer of the band shall forthwith proclaim the candidate to be elected by acclamation. (2) Where, at the close of a nomination meeting for a band election, the number of candidates for the position of councillor is equal to or less than the number of councillor positions to be filled, the Returning Officer of the band shall forthwith proclaim the candidates to be elected by acclamation.
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20 Where, at the close of a nomination meeting for a band election, there is more than one candidate for the position of chief or the number of candidates for the position of councillor exceeds the number of councillor positions to be filled at the election, the Returning Officer of the band shall declare that a poll will be held in respect of that position or those positions, as the case may be, on the day specified in the notice of election for that election.
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21 Where a poll is required at a band election, the Returning Officer of the band shall as soon as possible sign and prominently post a copy of the notice of poll, in the form set out in Schedule III, in the head office of the band and in one or more public places within the land of the band and shall send a copy of the notice to the band secretary.
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22 Where a poll is required at a band election, the Returning Officer of the band shall ensure that (a) there are one or more polling stations within the land of the band; (b) there is, at each polling station, one voting compartment that is constructed in such a manner that electors can mark their ballots in secret; (c) there are, at each voting compartment, directions for voting and a pen or pencil that is similar to the pen or pencil at each of the other voting compartments; (d) there are ballots in a sufficient number for the poll to be held; (e) there is a sufficient number of ballot boxes for the poll to be held; and (f) there is a poll book for each polling station.
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23 (1) Ballots for the election of a chief and ballots for the election of a councillor shall be in the form set out in schedules IV and V respectively. (2) A ballot shall list, in alphabetical order, the name of each candidate and may, if applicable, indicate the name by which a candidate is commonly known but shall not indicate any additional information regarding a candidate.
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24 (1) A ballot box shall be made of durable material, furnished with a padlock and constructed in such a manner that any ballots that have been deposited in it cannot be withdrawn without unlocking the ballot box. (2) A Returning Officer shall keep count of and supervise the ballot boxes to be used at a band election up to the opening of the polling stations for the election.
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25 Subject to subsection 26(1), a poll shall be open for voting continuously for at least eight hours between the hours of 6 o’clock in the morning and 10 o’clock in the evening on the day determined for the poll.
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26 (1) In the case of a natural disaster, an electrical blackout or other extraordinary circumstance, a Returning Officer may (a) postpone the closing of a poll for up to two hours; (b) postpone a poll for up to four weeks; or (c) interrupt a poll and resume the poll within four weeks. (2) Where the Returning Officer of a band postpones a poll or the closing of a poll or interrupts a poll, the Returning Officer shall take reasonable measures to inform the electors of the band of any resulting changes regarding the poll.
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27 A candidate for a band election may appoint, in writing, (a) for each polling station provided for the election, one person to represent the candidate during the hours the polling station is open for voting; and (b) two persons to represent the candidate during the counting of votes.
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28 Immediately prior to the opening of a polling station for a band election for voting, the Returning Officer of the band shall open each ballot box to be used at the polling station, call on any persons present to witness that the ballot boxes are empty and then padlock the ballot boxes.
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29 (1) Where an elector appears at the appropriate polling station for the purpose of voting in a band election, the Returning Officer of the band shall verify that the elector’s name is on the electoral list for the band and that the elector has not yet voted in the election and shall initial the back of a ballot for the election of a chief or a ballot for the election of a councillor, or both, as the case may be, and hand the ballot or ballots to the elector. (2) A Returning Officer may, and where requested to do so, shall, explain the method of voting to an elector.
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30 On receiving a ballot or ballots, an elector shall immediately proceed to a voting compartment to vote. SOR/92-592, s. 2(E)
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31 (1) Subject to subsection (2), only one person shall be in a voting compartment at any one time. (2) An elector who is unable to vote without assistance because of an inability to read or to understand the language in which the ballots are printed or because of blindness or any other physical disability may be assisted in voting by the Returning Officer or, where accompanied by a friend or relative, by the friend or relative. SOR/92-592, s. 2(E)
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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.