GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indian Band Election Regulations — 4.1
4.1 (1) At least 79 days before the day on which an election is to be held, the band shall provide the electoral officer with the last known addresses, if any, of all electors who do not reside on the reserve. (2) A candidate for election as chief or councillor may obtain from the electoral officer a list of the names of electors and the addresses of any electors who have consented to have their addresses released to the candidates. (3) A document shall be considered to have been properly mailed under paragraphs 4.2(1)(b) and 4.7(a), subsection 5(4) and paragraphs 8(2)(b) and 11.1(2)(g) to electors who do not reside on the reserve if it was mailed or delivered to every elector who does not reside on the reserve and for whom an address was provided. SOR/2000-391, s. 3
Indian Band Election Regulations — 4.2
4.2 (1) At least 30 days before the day on which a nomination meeting is to be held, the electoral officer shall (a) post a notice of the nomination meeting and a list of the names of electors in at least one conspicuous place on the reserve; and (b) mail a notice of the nomination meeting and a voter declaration form to every elector who does not reside on the reserve. (2) A notice of a nomination meeting shall include (a) the date, time, duration and location of the nomination meeting; (b) the date on which the election will be held and the location of each polling place; (c) the name and phone number of the electoral officer; (d) the statement that any voter may vote by mail-in ballot; (e) a description of the manner in which an elector can nominate a candidate, or second the nomination of a candidate; (f) the statement that, if the elector wants to receive information from candidates, the elector can agree to have his or her address released to the candidates. (3) The electoral officer shall record the names of electors to whom a notice of the nomination meeting was mailed, the addresses of those electors, and the date on which the notices were mailed. SOR/2000-391, s. 3
Indian Band Election Regulations — 4.3
4.3 (1) Subject to section 75 of the Act, an elector may nominate a candidate, or second the nomination of a candidate, (a) by delivering or, subject to subsection (2), by mailing a written nomination and a completed, signed and witnessed voter declaration form to the electoral officer before the time set for the nomination meeting; or (b) orally, at the nomination meeting. (2) Mailed nominations that are not received by the electoral officer before the time set for the nomination meeting are void. SOR/2000-391, s. 3
Indian Band Election Regulations — 4.4
4.4 (1) A nomination meeting for an election shall be held at least 42 days before the date of the election. (2) At the start of the nomination meeting, the electoral officer shall read aloud all written nominations and secondments that have been received by mail or delivered. (3) Where the same person receives two written nominations for the same office, the second nomination shall constitute a secondment of the first nomination. (4) A person present at a nomination meeting who is eligible to do so may second the nomination of any person nominated in writing. (5) A nomination meeting shall remain open for at least three hours. (6) At the end of the nomination meeting, the electoral officer shall (a) if only one person has been nominated for election as chief, declare that person to be elected; (b) if the number of persons nominated to serve as councillors in an electoral section does not exceed the number to be elected, declare those persons to be elected; and (c) where more than the required number of persons are nominated for election as chief or councillors, announce that an election will be held on the day set out in the notice referred to in subsection 4.2(1). SOR/2000-391, s. 3
Indian Band Election Regulations — 4.5
4.5 As soon as is practicable after the nomination meeting, the electoral officer shall notify any nominated candidates who were not present at the meeting that they have been nominated. SOR/2000-391, s. 3
Indian Band Election Regulations — 4.6
4.6 (1) Subject to subsection (2), a candidate who has been nominated may withdraw his or her candidature at any time prior to the close of the polls by submitting to the electoral officer a written withdrawal of nomination, signed by the candidate in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths. (2) Where a candidate nominated to be a councillor to represent an electoral section in a reserve consisting of more than one electoral section withdraws his or her candidature less than 48 hours before the time at which the polls open, or where any other candidate withdraws his or her candidature less than 37 days before the day on which the election is to be held, that candidate’s name shall remain on the ballot. (3) A candidate who dies before the close of the polls shall be considered to have withdrawn his or her candidature. SOR/2000-391, s. 3
Indian Band Election Regulations — 4.7
4.7 Where the office of chief and all offices of councillors are filled by acclamation, (a) the electoral officer shall post in at least one conspicuous place on the reserve, and mail to every elector who does not reside on the reserve, a notice that sets out the names of the persons who have been acclaimed and states that an election will not be held; and (b) sections 5 to 11 do not apply. SOR/2000-391, s. 3
Indian Band Election Regulations — 5
the spoiled ballot to the electoral officer. (6.6) An elector who loses a mail-in ballot may obtain another ballot by delivering to the electoral officer a written affirmation that the elector has lost the mail-in ballot, signed by the elector in the presence of the electoral officer, a justice of the peace, a notary public or a commissioner for oaths. (6.7) Mail-in ballots that are not received by the electoral officer before the time at which the polls close on the day of the election are void. (6.8) An elector to whom a mail-in ballot was mailed or provided under subsection (4) or (6) is not entitled to vote in person at a polling place other than in accordance with subsection 6(3). (6.9) The electoral officer shall establish at least one polling place on the reserve. (7) The electoral officer shall procure or cause to be procured as many ballot boxes as there are polling places, and shall cause to be prepared a sufficient number of ballot papers for the purpose of the election. (8) The electoral officer shall, before the poll is open, cause to be delivered to his deputy the ballot papers, materials for marking the ballot papers, and a sufficient number of directions-for-voting as may be prescribed. (9) The electoral officer or his deputy shall provide a compartment at each polling place where the electors can mark their ballot papers free from observation, and he may appoint a constable to maintain order at such polling place. (10) Polling places shall be kept open from 9:00 a.m., local time, until 8:00 p.m., local time, on the day of the election. (11) A candidate shall be entitled to not more than two agents in a polling place at any one time. (12) [Repealed, SOR/2000-391, s. 4] (13) The electoral officer or his deputy shall, immediately before the commencement of the poll, open the ballot box and call such persons as may be present to witness that it is empty; he shall then lock and properly seal the box to prevent it being opened without breaking the seal and shall place it in view for the reception of the ballots, and the seal shall not be broken nor the box unlocked during the time appointed for taking the poll. (14) [Repealed, SOR/2000-391, s. 4] SOR/85-409, s. 2(F); SOR/2000-391, s. 4
Indian Band Election Regulations — 6
declined”, and all ballot papers so marked shall be preserved. (11) An elector whose name does not appear on the voters’ list may vote at an election if the electoral officer or his deputy is satisfied that such person is qualified to vote. (12) Every elector who is inside the polling place at the time fixed for closing the poll shall be entitled to vote before the poll is closed. SOR/2000-391, s. 6
Indian Band Election Regulations — 6.1
6.1 As soon as is practicable after the close of the polls, the electoral officer or deputy electoral officer shall, in the presence of any candidates or their agents who are present, open each envelope containing a mail-in ballot that was received before the close of the polls and, without unfolding the ballot, (a) reject the ballot if (i) it was not accompanied by a voter declaration form, or the voter declaration form is not signed or witnessed, (ii) the name of the elector set out in the voter declaration form is not on the voters list, or (iii) the voters list shows that the elector has already voted; or (b) in any other case, place a mark on the voters list opposite the name of the elector set out in the voter declaration form, and deposit the ballot in a ballot box. SOR/2000-391, s. 7
Indian Band Election Regulations — 7
7 Immediately after the mail-in ballots have been deposited under section 6.1, the electoral officer or deputy electoral officer shall, in the presence of any candidates or their agents who are present, open all ballot boxes and (a) examine the ballot papers and reject all ballot papers (i) that have not been supplied by him, (ii) by which votes have been given for more candidates than are to be elected, or (iii) on which anything appears by which the voter can be identified; (b) declare a ballot paper containing the names of candidates for more than one office, on which votes are given for more candidates for any office than are to be elected, to be void as regards all the candidates for such office; but such ballot paper shall be good as regards the votes for any other offices in respect of which the voter has not voted for more candidates than are to be elected; (c) subject to review on recount or on an election appeal, take a note of any objection made by any candidate or his agent to any ballot paper found in the ballot box and decide any question arising out of the objection; (d) number such objection and place a corresponding number on the back of the ballot paper with the word “allowed” or “disallowed”, as the case may be, with his initials; (e) from the ballots not rejected or declared void under paragraph (b), count the votes given for each candidate who has not withdrawn before the close of the polls; and (f) prepare and sign a statement of the number of votes for each candidate and the number of ballots rejected. SOR/2000-391, s. 8
Indian Band Election Regulations — 8
8 (1) Immediately after the completion of the counting of the votes, the electoral officer shall publicly declare to be elected the candidate or candidates having the highest number of votes. (2) Within four days after completion of the counting of the votes, the electoral officer shall (a) sign and post, in at least one conspicuous place on the reserve, a statement indicating the number of votes cast for each candidate; and (b) mail a copy of the statement to every elector of the band who does not reside on the reserve. SOR/2000-391, s. 9
Indian Band Election Regulations — 9
9 Where it appears that two or more candidates have an equal number of votes, the electoral officer shall give a casting vote for one or more of such candidates, but the electoral officer shall not otherwise be entitled to vote.
Indian Band Election Regulations — 10
10 (1) The electoral officer shall prepare a statement in triplicate showing the total number of votes cast for each candidate, the number of rejected ballots and the names of the candidates duly declared elected. (2) One copy of such statement shall be forwarded to the Assistant Deputy Minister, one to the regional supervisor or the Indian commissioner for the Province of British Columbia, and one copy filed in the agency office. (3) The statement shall be signed by the electoral officer and such of the candidates or their agents as are present and desire to sign it.
Indian Band Election Regulations — 11
11 The electoral officer shall deposit all ballot papers in sealed envelopes with the superintendent, who shall retain them in his possession for eight weeks, and unless otherwise directed by the Minister or by a person authorized by him shall then destroy the ballot papers in the presence of two witnesses who shall make a declaration that they witnessed the destruction of those papers. SOR/85-409, s. 3(F)
Indian Band Election Regulations — 11.1
11.1 (1) This section applies to an election where, as a result of the office of chief or a councillor becoming vacant under subsection 78(2) of the Act or the election of a chief or councillor being set aside under section 79 of the Act, it is no longer possible for the council of a band to form a quorum. (2) An accelerated election shall be held in accordance with sections 4 to 11 for the election of chief of a band whose reserve consists of more than one electoral section, or for the election of chief or councillor of any other band, subject to the following changes: (a) subsection 4.2(1), section 4.3 and subsection 4.4(1) do not apply; (b) the lists referred to in subsection 4(1) and addresses referred to in subsection 4.1(1) shall be provided to the electoral officer at least 30 days before the day of the election; (c) at least seven days before the day on which a nomination meeting is to be held, the electoral officer shall (i) post a notice of the nomination meeting and of the manner in which nominations can be made, and a list of names of the electors, in at least one conspicuous place on the reserve, and (ii) give notice of the nomination meeting, and of the manner in which nominations may be made, by publishing an advertisement in the local newspaper with the largest circulation; (d) an elector can nominate a candidate, or second the nomination of a candidate, (i) by communicating the nomination or secondment to the electoral officer at any time before the commencement of the nomination meeting, or (ii) orally, at the nomination meeting; (e) the nomination meeting for the election shall be held at least 23 days before the date of the election; (f) where a candidate withdraws his or her candidature less than 22 days before the day on which the election is to be held, that candidate’s name shall remain on the ballot; (g) the electoral officer shall mail by priority post the package referred to in subsection 5(4) at least 21 days before the day on which the election is to be held; (h) the outer envelope referred to in paragraph 5(4)(b) shall be postage-paid for delivery by priority post; and (i) the letter of instruction referred to in paragraph 5(4)(e) shall advise the elector of the shorter time periods applicable and instruct the elector accordingly. (3) An accelerated election shall be held in accordance with sections 4 to 11 for the election of councillors of a band whose reserve consists of more than one electoral section, subject to the following changes: (a) paragraph 4.3(1)(a), subsections 4.2(3), 4.3(2), 4.4(2) to (4) and 5(3) to (5) do not apply; (b) the list referred to in subsection 4(1) shall be provided to the electoral officer at least 30 days before the day of the election; (c) at least six days before the day on which a nomination meeting is to be held, the electoral officer shall post a notice of the nomination meeting and the list of names of electors in at least one conspicuous place on the reserve; and (d) the nomination meeting shall be held at least six days before the date of the election. SOR/2000-391, s. 10
Indian Band Election Regulations — 12
12 (1) Within 45 days after an election, a candidate or elector who believes that (a) there was corrupt practice in connection with the election, (b) there was a violation of the Act or these Regulations that might have affected the result of the election, or (c) a person nominated to be a candidate in the election was ineligible to be a candidate, may lodge an appeal by forwarding by registered mail to the Assistant Deputy Minister particulars thereof duly verified by affidavit. (2) Where an appeal is lodged under subsection (1), the Assistant Deputy Minister shall forward, by registered mail, a copy of the appeal and all supporting documents to the electoral officer and to each candidate in the electoral section in respect of which the appeal was lodged. (3) Any candidate may, within 14 days of the receipt of the copy of the appeal, forward to the Assistant Deputy Minister by registered mail a written answer to the particulars set out in the appeal together with any supporting documents relating thereto duly verified by affidavit. (4) All particulars and documents filed in accordance with the provisions of this section shall constitute and form the record. SOR/85-409, s. 4(E); SOR/2000-391, s. 11
Indian Band Election Regulations — 13
13 (1) The Minister may, if the material that has been filed is not adequate for deciding the validity of the election complained of, conduct such further investigation into the matter as he deems necessary, in such manner as he deems expedient. (2) Such investigation may be held by the Minister or by any person designated by the Minister for the purpose. (3) Where the Minister designates a person to hold such an investigation, that person shall submit a detailed report of the investigation to the Minister for his consideration.
Indian Band Election Regulations — 14
14 The Minister shall report to the Governor in Council when the Minister is satisfied that (a) there was corrupt practice in connection with an election; (b) there was a contravention of the Act or these Regulations that might have affected the result of an election; or (c) a person nominated to be a candidate in an election was ineligible to be a candidate. SOR/2018-285, s. 1
Indian Band Election Regulations — 15
15 (1) Every person in attendance at a polling place or at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting. (2) No person shall interfere or attempt to interfere with a voter when marking his ballot paper or obtain or attempt to obtain at the polling place information as to how a voter is about to vote or has voted.
Indian Band Election Regulations — 16 to 18
16 to 18 [Repealed, SOR/2000-391, s. 12]
Indian Band Election Regulations — 13
13 Notwithstanding the provisions of the Indian Band Election Regulations , as enacted or amended by these Regulations, the Indian Band Election Regulations , as they read immediately before the coming into force of these Regulations, apply to all elections held under the Indian Act during the period beginning on October 20, 2000 and ending on November 19, 2000.
Indian Band Election Regulations — 14
14 Every election that is held under the Indian Act during the period beginning on November 20, 2000 and ending on January 7, 2001 shall be held in accordance with the procedures set out in section 11.1 of the Indian Band Election Regulations , as enacted by section 10.
Indian Bands Revenue Moneys Regulations — 1
1 These Regulations may be cited as the Indian Bands Revenue Moneys Regulations .
Indian Bands Revenue Moneys Regulations — 2
2 In these Regulations, account means the account of a Band established pursuant to section 5; ( compte ) Band means (a) a band listed in the schedule to the Indian Band Revenue Moneys Order , or (b) any other band permitted to control, manage or expend its revenue moneys in part pursuant to subsection 69(1) of the Indian Act . ( bande ) SOR/93-244, s. 2
Indian Bands Revenue Moneys Regulations — Indian Bands Revenue Moneys Regulations
account means the account of a Band established pursuant to section 5; ( compte )
Indian Bands Revenue Moneys Regulations — (a)
Band means (a) a band listed in the schedule to the Indian Band Revenue Moneys Order , or (b) any other band permitted to control, manage or expend its revenue moneys in part pursuant to subsection 69(1) of the Indian Act . ( bande )
Indian Bands Revenue Moneys Regulations — 4
4 Any expenditure by a Band of its revenue moneys shall be subject to the Indian Act .
Indian Bands Revenue Moneys Regulations — 5
5 Every Band shall establish an account with a chartered bank, a trust or loan company or a credit union or caisse populaire.
Indian Bands Revenue Moneys Regulations — 6
6 (1) Every Band shall authorize three persons, two of whom shall be members of the Band, to sign cheques or orders for payment of money drawn on its account. (2) Every cheque or order for payment of money drawn on the account of a Band shall be signed by at least two of the persons authorized by the Band pursuant to subsection (1).
Indian Bands Revenue Moneys Regulations — 7
7 Where the Minister has, pursuant to section 66 of the Indian Act , authorized or directed the expenditure of revenue moneys of a Band, the amount of moneys so authorized or directed to be expended shall be paid to the Band's account out of the Consolidated Revenue Fund.
Indian Bands Revenue Moneys Regulations — 8
8 (1) Every Band shall engage an auditor to audit its account and to render an annual report in respect thereof. (2) A copy of the auditor's annual report shall, within seven days of its completion, (a) be posted in conspicuous places on the Band Reserve for examination by members of the Band; and (b) be supplied to the Minister of Indian Affairs and Northern Development.
Indian Estates Regulations — 1
1 These Regulations may be cited as the Indian Estates Regulations .
Indian Estates Regulations — 2
2 In these Regulations, Act means the Indian Act ; ( Loi ) administrator means a person appointed by the Minister to administer the property of deceased Indians and includes a person who, by reason of his office, is instructed to initiate or conclude the administration of an estate; ( administrateur ) Minister [Repealed, SOR/2024-280, s. 1] prescribed means prescribed by the Minister. ( prescrit ) SOR/2024-280, s. 1
Indian Estates Regulations — Indian Estates Regulations
administrator means a person appointed by the Minister to administer the property of deceased Indians and includes a person who, by reason of his office, is instructed to initiate or conclude the administration of an estate; ( administrateur )
Indian Estates Regulations — Indian Estates Regulations
prescribed means prescribed by the Minister. ( prescrit )
Indian Estates Regulations — 3
3 (1) As soon as feasible after the death of an Indian, the superintendent shall forward a notice of the death, in the form prescribed, to the Minister. (2) Except when otherwise ordered by the Minister for the purposes of these Regulations, the presumption of death shall arise and be determined in the manner it arises and is determined where persons other than Indians are concerned.
Indian Estates Regulations — 4
4 (1) When he receives notice of the death of an Indian, or as soon thereafter as possible, the superintendent shall forward an itemized statement of inventory in the form prescribed, to the Minister, showing all the real and personal property of the deceased, the value of each item estimated as closely as possible, as well as all debts of or claims against the estate known at such time, and he shall also state therein whether the deceased left a will and give the names of all persons entitled to share in the estate and all such other information as may be required by the Minister. (2) For the purposes of this section, the superintendent shall act in the capacity of an administrator and shall take all necessary steps for the proper safekeeping or safeguarding of the assets of the deceased and for the collection of moneys due or owing to the deceased and shall dispose of the moneys so collected or held as the Minister may direct. (3) Where the deceased had been in receipt of any pension, gratuity or allowance, any cheque or money order received by or on behalf of the deceased that had not been cashed shall be returned by the superintendent to the sender for re-issue to the order of the Receiver General for credit to the estate concerned.