First Nations Elections Act
An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations
Bills that amended this Act0
No published amendment links yet for this Act.
Sections259
- 1Short title
This Act may be cited as the First Nations Elections Act.
- 2Definitions
The following definitions apply in this Act.
- 2[p2]
council has the meaning assigned by the definition council of the band in subsection 2(1) of the Indian Act. (conseil)
- 2[p3]
deputy electoral officer means a person so appointed in accordance with the regulations. (président d’élection adjoint)
- 2[p4]
election means the election of the chief and councillors of a participating First Nation, including by way of a by-election. (élection)
- 2[p5]
elector means a person who is registered on a Band List, as defined in subsection 2(1) of the Indian Act, and
- 2[p5](a)
in relation to an election, is 18 years of age or older on the day of the election;
- 2[p5](b)
in relation to a petition to remove from office a chief or councillor, was 18 years of age or older on the day of the election of that chief or councillor;
- 2[p5](c)
in relation to a nomination referred to in section 9, is 18 years of age or older on the day of the nomination; or
- 2[p5](d)
in relation to a vote on a proposed community election code referred to in paragraph 42(1)(b), is 18 years of age or older on the day of the vote. (électeur)
- 2[p10]
electoral officer means a person so appointed in accordance with the regulations. (président d’élection)
- 2[p11]
First Nation has the meaning assigned by the definition band in subsection 2(1) of the Indian Act. (première nation)
- 2[p12]
mail-in ballot means a ballot that is sent to an elector by mail or otherwise provided to an elector other than at a polling station. (bulletin de vote postal)
- 2[p13]
member, in relation to a participating First Nation, means a person whose name appears, or who is entitled to have their name appear, on the Band List maintained for that First Nation under section 8 of the Indian Act. (membre)
- 2[p14]
Minister means the Minister of Indigenous Services. (ministre)
- 2[p15]
nomination meeting means a meeting held for the purpose of nominating candidates for an election. (assemblée de mise en candidature)
- 2[p16]
participating First Nation means a First Nation that is named in the schedule. (première nation participante)
- 2[p17]
reserve has the same meaning as in subsection 2(1) of the Indian Act. (réserve)
- 3Order
- 3(1)
The Minister may, by order, add the name of a First Nation to the schedule if
- 3(1)(a)
that First Nation’s council has provided to the Minister a resolution requesting that the First Nation be added to the schedule;
- 3(1)(b)
the Minister is satisfied that a protracted leadership dispute has significantly compromised governance of that First Nation; or
- 3(1)(c)
the Governor in Council has set aside an election of the Chief and councillors of that First Nation under section 79 of the Indian Act on a report of the Minister that there was corrupt practice in connection with that election.
- 3(2)Contents of the order
The order must specify the date of the first election for the First Nation in respect of which the order is made.
- 3(3)Effect of order on term of office
The chief and councillors of a First Nation in respect of which an order is made who hold office on the day on which the order is made continue to hold office until the day of the first election and cease to hold office on that day.
- 3(4)Exception
Subsection 7(1) does not apply to the council that is in office on the day on which the order is made.
- 4Change of name
In the event of a change to the name of a participating First Nation, the Minister may, by order, amend the schedule to reflect the change.
- 5First election
The date of a first election must not be later than,
- 5(a)
in the case of a First Nation whose name is added to the schedule under paragraph 3(1)(a),
- 5(a)(i)
the day on which, but for the making of the Minister’s order, the term of office of its chief and councillors would have expired, or
- 5(a)(ii)
if that First Nation’s council has requested in their resolution the establishment of a common election date with five or more other First Nations whose councils have made a similar request, one year after the earliest day on which, but for the order, the term of office of the chief and councillors of any one of those First Nations would have expired; and
- 5(b)
in the case of a First Nation whose name is added to the schedule under paragraph 3(1)(b) or (c), six months after the day on which the order is made.
- 6Subsequent elections
Subsequent elections, other than by-elections, must be held within the period of 30 days before the day on which the term of office of the incumbent chief and councillors expires.
- 7Composition
- 7(1)
The council of a participating First Nation is to consist of one chief and, for every 100 members of that First Nation, one councillor, but the number of councillors is not to be less than two or more than 12.
- 7(2)Reduction — number of councillors
Despite subsection (1), the council may, by resolution, reduce the number of councillor positions but to not less than two. The reduction is applicable as of the next election that is not a by-election.
- 8Statutory Instruments Act
The resolution referred to in subsection 7(2) is not subject to the Statutory Instruments Act.
- 9Eligibility
- 9(1)
Only an elector of a participating First Nation is eligible to be nominated as a candidate for the position of chief or councillor of that First Nation.
- 9(2)Limitation
An elector is not to be nominated as a candidate for the position of chief and the position of councillor in the same election.
- 9(3)Nomination
An elector becomes a candidate only if
- 9(3)(a)
their nomination is moved and seconded, in the manner prescribed by regulation, by other electors of the First Nation;
- 9(3)(b)
they provide their consent to be a candidate; and
- 9(3)(c)
the fee imposed on them under section 11, if any, is remitted.
- 9(4)Limitation
An elector must not nominate more than one candidate for each position to be filled.
- 10Prohibition
A person must not, in connection with an election, consent to be a candidate knowing that they are not eligible to be a candidate.
- 11Candidacy fee
Participating First Nations may, if authorized to do so by regulation, impose a fee of up to $250 on each candidate in an election, to be refunded if the candidate receives more than five per cent of the total votes cast.
- 12Prohibition
A person must not, in connection with an election,
- 12(a)
by intimidation or duress, attempt to influence another person to
- 12(a)(i)
nominate or refrain from nominating a particular candidate,
- 12(a)(ii)
accept or decline a nomination, or
- 12(a)(iii)
withdraw as a candidate;
- 12(b)
act, or incite another person to act, in a disorderly manner, with the intention of disrupting the conduct of a nomination meeting; or
- 12(c)
knowingly publish a false statement that a candidate is withdrawing or has withdrawn their candidacy.
- 13Order to leave
- 13(1)
An electoral officer or deputy electoral officer may order a person to leave a nomination meeting if the person is committing an offence under this Act that threatens the maintenance of order at the meeting, or if the officer believes on reasonable grounds that the person has done so.
- 13(2)Obligation
A person to whom an order is given under subsection (1) must obey it without delay.
- 14Prohibition
A person must not, in connection with an election,
- 14(a)
provide a false name in order to obtain a ballot;
- 14(b)
possess a ballot that was not provided to them in accordance with the regulations;
- 14(c)
purchase a mail-in ballot that was issued to another person;
- 14(d)
sell or give away a mail-in ballot; or
- 14(e)
print or reproduce a ballot with the intention that the print or reproduction be used as a genuine ballot, unless that person is authorized to do so under the regulations.
- 15Elector entitled to vote
- 15(1)
Subject to subsection (2), only an elector of a participating First Nation is entitled to vote in an election held by that First Nation.
- 15(2)Exception
An elector who is appointed as the electoral officer in respect of an election is not entitled to vote in that election.
- 16Prohibition — any person
A person must not, in connection with an election,
- 16(a)
vote or attempt to vote knowing that they are not entitled to vote;
- 16(b)
attempt to influence another person to vote knowing that the other person is not entitled to do so;
- 16(c)
knowingly use a forged ballot;
- 16(d)
put a ballot into a ballot box knowing that they are not authorized to do so under the regulations;
- 16(e)
by intimidation or duress, attempt to influence another person to vote or refrain from voting or to vote or refrain from voting for a particular candidate; or
- 16(f)
offer money, goods, employment or other valuable consideration in an attempt to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate.
- 17Prohibition — elector
An elector must not, in connection with an election,
- 17(a)
intentionally vote more than once in respect of any given position of chief or councillor; or
- 17(b)
accept or agree to accept money, goods, employment or other valuable consideration to vote or refrain from voting or to vote or refrain from voting for a particular candidate.
- 18Secrecy of voting
Voting at an election is to be conducted by secret ballot.
- 19Prohibition — elector
An elector must not, in connection with an election,
- 19(a)
show their ballot, when marked, to reveal the name of the candidate for whom the elector has voted, other than in accordance with the regulations; or
- 19(b)
in the polling station, openly declare for whom the elector intends to vote or has voted.
- 20Prohibition
A person must not, in connection with an election,
- 20(a)
post or display in, or on the exterior surface of, a polling station any campaign literature or other material that promotes or opposes the election of a particular candidate;
- 20(b)
within hearing distance of a polling station, orally promote or oppose the election of a candidate;
- 20(c)
in a polling station, attempt to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate; or
- 20(d)
act, or incite another person to act, in a disorderly manner with the intention of disrupting the conduct of the vote in a polling station.
- 21Order to leave
- 21(1)
An electoral officer or deputy elector officer may order a person to leave a polling station if the person is committing an offence under this Act that threatens the maintenance of order at the polling station, or if the officer believes on reasonable grounds that a person has done so.
- 21(2)Obligation
A person to whom an order is given under subsection (1) must obey it without delay.
- 22Prohibition
A person must not, in connection with an election, destroy, take, open or otherwise interfere with a ballot box knowing that they are not authorized to do so under the regulations.
- 23Chief and councillor positions
The chief and councillor positions of a participating First Nation are awarded to the candidates for those positions who receive the highest number of votes.
- 24Tied vote
If it is not possible to award a position under section 23 because there are two or more candidates with the same number of votes, the electoral officer must conduct a draw to break the tie.
- 25By-elections
If the chief or a councillor of a participating First Nation ceases to hold office more than three months before the day on which their term of office would have expired under subsection 28(1) or section 29, the council of that First Nation may direct that a by-election be held for that position, in accordance with the regulations.
- 26Prohibition
A person must not intentionally obstruct an electoral officer or deputy electoral officer in the performance of their duties.
- 27Prohibition
A person must not, in a manner that this Act does not otherwise prohibit, intentionally obstruct the conduct of an election.
- 28Term of office
- 28(1)
Subject to subsection (2) and section 29, the chief and councillors of a participating First Nation hold office for four years commencing at the expiry of the term of office of the chief and councillors that they replace.
- 28(2)Term of office ceases
A chief or councillor of a participating First Nation ceases to hold office if
- 28(2)(a)
they are convicted of an indictable offence and sentenced to a term of imprisonment of more than 30 consecutive days;
- 28(2)(b)
they are convicted of an offence under this Act;
- 28(2)(c)
they die or resign from office;
- 28(2)(d)
a court sets aside their election under subsection 35(1); or
- 28(2)(e)
they are removed from office by means of a petition in accordance with the regulations.
- 29Term of office after by-election
A chief or councillor who is elected in a by-election held under section 25 holds office commencing on the date of their election for the remainder of the term of office that they were elected to fill.
- 30Means of contestation
The validity of the election of the chief or a councillor of a participating First Nation may be contested only in accordance with sections 31 to 35.
- 31Contestation of election
An elector of a participating First Nation may, by application to a competent court, contest the election of the chief or a councillor of that First Nation on the ground that a contravention of a provision of this Act or the regulations is likely to have affected the result.
- 32Time limit
An application must be filed within 30 days after the day on which the results of the contested election were announced.
- 33Competent courts
The following courts are competent courts for the purpose of section 31:
- 33(a)
the Federal Court; and
- 33(b)
the superior court of a province in which one or more of the participating First Nation’s reserves are located.
- 34Service of application
An application must be served by the applicant on the electoral officer and all the candidates who participated in the contested election.
- 35Court may set aside election
- 35(1)
After hearing the application, the court may, if the ground referred to in section 31 is established, set aside the contested election.
- 35(2)Duties of court clerk
If the court sets aside an election, the clerk of the court must send a copy of the decision to the Minister.
- 36Prohibition
A person must not
- 36(a)
provide money, goods, employment or other valuable consideration to another person for the purpose of obtaining their signature on a petition for the removal from office of a chief or councillor of a participating First Nation; or
- 36(b)
accept money, goods, employment or other valuable consideration in exchange for their signature on such a petition.
- 37Offences
- 37(1)
Every person is guilty of an offence who contravenes paragraph 16(a) or (b) or 17(a), section 22 or paragraph 36(a).
- 37(2)Offences to which an additional penalty applies
Every person is guilty of an offence who contravenes
- 37(2)(a)
section 10; or
- 37(2)(b)
section 12, paragraph 14(a), (c) or (e), 16(c), (e) or (f) or 20(d) or section 26 or 27.
- 37(3)Offences — subsections 13(2) and 21(2)
Every person who intentionally contravenes subsection 13(2) or 21(2) is guilty of an offence.
- 38Offences
- 38(1)
Every person is guilty of an offence who contravenes paragraph 16(d), 17(b), 19(b) or 36(b).
- 38(2)Strict liability offence
An electoral officer who fails to perform their duty under section 24 or an electoral officer or deputy electoral officer who fails to perform any of their duties under the regulations is guilty of an offence.
- 38(3)Due diligence defence
A person is not to be found guilty of an offence under subsection (2) if they establish that they exercised due diligence to prevent the commission of the offence.
- 38(4)Offences — paragraphs 14(b) and (d), 19(a) and 20(a) to (c)
Every person who intentionally contravenes any of paragraphs 14(b) and (d), 19(a) and 20(a) to (c) is guilty of an offence.
- 39Dual procedure
- 39(1)
Every person who is guilty of an offence under section 37 is liable
- 39(1)(a)
on conviction on indictment, to a fine of not more than $5,000 or to imprisonment for a term of not more than five years, or to both; or
- 39(1)(b)
on summary conviction, to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both.
- 39(2)Summary conviction
Every person who is guilty of an offence under section 38 is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.
- 40Additional penalty
Any person who is convicted of an offence under paragraph 37(2)(a), or any candidate who is convicted of an offence under paragraph 37(2)(b), in addition to any other punishment for that offence prescribed by this Act, is not eligible to be elected as chief or councillor of a participating First Nation during the five years after the date of conviction.
- 41Regulations
The Governor in Council may make regulations with respect to elections, including regulations respecting
- 41(a)
the appointment, powers, duties and removal of electoral officers and deputy electoral officers;
- 41(b)
the requirement that electoral officers be certified, the certification process and the grounds for withdrawing certification;
- 41(c)
the manner of identifying electors of a participating First Nation;
- 41(d)
the manner in which candidates may be nominated;
- 41(e)
the imposition, by participating First Nations, of a fee on each candidate in accordance with section 11;
- 41(f)
the manner in which voting is to be carried out, including
- 41(f)(i)
permitting the electoral officer to establish polling stations and advance polling stations,
- 41(f)(ii)
procedures for obtaining and using mail-in ballots, and
- 41(f)(iii)
the counting of votes;
- 41(g)
the removal from office of a chief or councillor of a participating First Nation by means of a petition, including
- 41(g)(i)
the percentage of electors of that First Nation who must sign that petition, and
- 41(g)(ii)
the period during which that petition is to be filed;
- 41(h)
the holding of by-elections; and
- 41(i)
anything else that by this Act is to be prescribed.
- 42Removing a participating First Nation from the schedule
- 42(1)
If a participating First Nation’s council has provided to the Minister a proposed community election code and a resolution requesting that the name of that First Nation be removed from the schedule, the Minister may, by order, remove the name from the schedule if
- 42(1)(a)
the code establishes a procedure for its amendment;
- 42(1)(b)
the code and the request were approved by a majority of the votes cast in a secret vote in which a majority of the electors of that First Nation participated;
- 42(1)(c)
the code has been published by that First Nation on a website maintained by or for it or in the First Nations Gazette; and
- 42(1)(d)
there are no outstanding charges under this Act against any member of that First Nation.
- 42(2)Effective date of community election code
The community election code comes into force on the day on which the Minister’s order is made.
- 42(3)Amendments
Amendments to the community election code come into force on the day on which they are published by the First Nation on a website maintained by or for it or in the First Nations Gazette.
- 42(4)Statutory Instruments Act
The community election code is not subject to the Statutory Instruments Act.
- 42(5)Meaning of community election code
In this section, community election code means a written code that sets out rules regarding the election of the chief and councillors of a First Nation.
- 43
[Amendment]
- *44Order in council
The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. [Note: Act in force April 2, 2015, see SI/2015-27.]
- 2 #160
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Madawaska Maliseet First Nation is fixed as August 27, 2015.
- 2 #161
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Micmacs of Gesgapegiag is fixed as August 20, 2015.
- 2 #162
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the English River First Nation is fixed as October 26, 2015.
- 2 #163
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Bunibonibee Cree Nation is fixed as December 3, 2015.
- 2 #164
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election is fixed as
- (a)
March 31, 2016 for the council of the George Gordon First Nation;
- (b)
March 18, 2016 for the council of the Red Pheasant First Nation; and
- (c)
April 13, 2016 for the council of the Pabineau First Nation.
- 2 #168
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Membertou First Nation is fixed as June 15, 2016.
- 2 #169
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of The Key First Nation is fixed as October 1, 2016.
- 2 #170
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Stswecemc Xgattem First Nation is fixed as June 8, 2016.
- 2 #171
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Ashcroft Band is fixed as November 7, 2016.
- 2 #172
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Burns Lake Band is fixed as October 21, 2016.
- 2 #173
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Chippewas of Rama First Nation is fixed as September 2, 2016.
- 2 #174
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Indian Island Band is fixed as November 17, 2016.
- 2 #175
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Waycobah First Nation is fixed as August 18, 2016.
- 2 #176
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Gull Bay Band is fixed as November 26, 2016.
- 2 #177
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Wuskwi Sipihk First Nation is fixed as October 14, 2016.
- 2 #178
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Musqueam Indian Band is fixed as November 30, 2016.
- 2 #179
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Chippewas of Georgina Island is fixed as March 21, 2017.
- 2 #180
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Nooaitch Indian Band is fixed as November 21, 2016.
- 2 #181
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of Eskasoni is fixed as October 13, 2016.
- 2 #182
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Skownan First Nation is fixed as November 3, 2016.
- 2 #183
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Tobique First Nation is fixed as November 28, 2016.
- 2 #184
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Canoe Lake Cree First Nation is fixed as December 16, 2016.
- 2 #185
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Beaver First Nation is fixed as November 29, 2016.
- 2 #186
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Pine Creek First Nation is fixed as January 4, 2017.
- 2 #187
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Flying Dust First Nation is fixed as December 5, 2016.
- 2 #188
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Fishing Lake First Nation is fixed as February 26, 2017.
- 2 #189
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Mistawasis Nehiyawak First Nation is fixed as April 7, 2017.
- 2 #190
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Waywayseecappo First Nation is fixed as February 24, 2017.
- 2 #191
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Birdtail Sioux First Nation is fixed as March 30, 2017.
- 2 #192
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Tla-o-qui-aht First Nations is fixed as May 9, 2018.
- 2 #193
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Songhees Nation is fixed as June 22, 2017.
- 2 #194
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Pic Mobert First Nation is fixed as July 27, 2017.
- 2 #195
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Gitwangak Band is fixed as May 8, 2017.
- 2 #196
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Ahtahkakoop Band is fixed as June 16, 2017.
- 2 #197
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Gitsegukla Band is fixed as July 7, 2017.
- 2 #198
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Moose Deer Point First Nation is fixed as August 1, 2017.
- 2 #199
In accordance with subsection 3(2) of the First Nations Elections Act, the date of the first election of the council of the Black River First Nation is fixed as August 2, 2017.