First Nations Elections Regulations (SOR/2015-86)

Marginal note:Notice of acclamations

• 12 (1) If, after candidates have been elected by acclamation, the number of positions filled is greater than or equal to the number of positions that are required to be filled for the council of the First Nation to have quorum, the electoral officer must post in at least one conspicuous place on the reserve, and mail to every elector who does not reside on the reserve for whom an address was provided under subsection 4(1), a notice that sets out the names of the persons who have been elected by acclamation and states that an election will not be held.

• Marginal note:Refund of candidacy fee

  (2) Candidates who are elected to the position of chief or the position of councillor by acclamation are, for the purposes of section 11 of the Act, considered to have received more than five percent of the total votes cast and are entitled to be refunded the candidacy fee.

• Marginal note:Return of candidacy fee

  (3) The electoral officer must return the candidacy fee to candidates elected by acclamation as soon as feasible.

Marginal note:Content of ballots

• 13 (1) As soon as feasible after the deadline set out in subsection 9(1) expires, the electoral officer must prepare ballots setting out

  • (a) the names of the candidates for chief in alphabetical order by surname; and

  • (b) the names of the candidates for councillor in alphabetical order by surname.

• Marginal note:Additional distinguishing information

  (2) If two or more candidates have the same name, the electoral officer must add to the ballots any additional information that is necessary to distinguish between those candidates.

Marginal note:Notice of election

14 No later than 30 days before the day on which the election is to be held, the electoral officer must post in at least one conspicuous place on the reserve a notice that sets out

• (a) the date on which the election is to be held and the location and hours of operation of each polling station;

• (b) the date on which any advance poll is to be held and the location and hours of operation of each advance polling station;

• (c) the date on which and the time and place at which the counting of the votes is to take place;

• (d) the number of positions to be filled;

• (e) a statement that, if the elector wants to receive a mail-in ballot, they must make a written request to the electoral officer and provide the electoral officer with proof of identity; and

• (f) the electoral officer’s name, phone number, fax number, postal address and email address.

Marginal note:Mail-in ballot

15 An elector who wants to receive a mail-in ballot must make a written request to the electoral officer that includes a copy of their proof of identity.

Marginal note:Mail-in ballot package

• 16 (1) No later than 30 days before the day on which the election is to be held, the electoral officer must mail to every elector who has made a written request a mail-in ballot package consisting of

  • (a) a ballot, initialed on the back by the electoral officer or deputy electoral officer;

  • (b) an outer return envelope that is pre-addressed to the electoral officer and, if the elector’s address is in Canada, is postage-paid;

  • (c) an inner envelope marked “Ballot” for insertion of the completed ballot;

  • (d) a voter declaration form;

  • (e) instructions regarding voting by mail-in ballot;

  • (f) the notice set out in section 14;

  • (g) a statement that the elector may vote in person at a polling station on the day of the election, or at an advance polling station if applicable, in lieu of voting by mail-in ballot, if

    • (i) they return the unused mail-in ballot to the electoral officer or deputy electoral officer, or

    • (ii) they provide the electoral officer or deputy electoral officer with a sworn affidavit stating that they have lost their mail-in ballot; and

  • (h) a list of the names of any candidates who were elected by acclamation.

• Marginal note:Six or more days before election

  (2) If an elector makes a written request for a mail-in ballot six or more days before the day on which the election is to be held, the electoral officer must mail, or deliver at an agreed time and place, a mail-in ballot package to the elector as soon as feasible after receipt of the request.

• Marginal note:Voters list

  (3) The electoral officer must indicate on the voters list, next to the name of each elector to whom a mail-in ballot package was mailed or delivered, that a package has been provided to that elector and keep a record of the date on which, and the address to which, each package was mailed or delivered.

Marginal note:Mail-in ballot

• 17 (1) An elector may vote by mail-in ballot by

  • (a) marking the ballot with a cross, check mark or other mark that clearly indicates the elector’s choice, but does not identify the elector, next to the name of the candidates for whom they intend to vote;

  • (b) folding the ballot in a manner that conceals the candidates’ names and any marks on the ballot without hiding the initials on the back;

  • (c) placing the ballot in the inner envelope and sealing that envelope;

  • (d) completing and signing the voter declaration form;

  • (e) placing the inner envelope and the completed voter declaration form in the outer envelope; and

  • (f) delivering or mailing the mail-in ballot package to the electoral officer or deputy electoral officer before the time at which the polls close.

• Marginal note:Assistance of another person

  (2) If an elector is unable to vote in the manner set out in subsection (1), the elector may enlist the assistance of another person.

• Marginal note:Voided mail-in ballot

  (3) A mail-in ballot is void if the mail-in ballot package is not received by the electoral officer or deputy electoral officer before the time at which the polls close.

• Marginal note:Safekeeping of mail-in ballot

  (4) The electoral officer or deputy electoral officer must ensure the safekeeping of the mail-in ballot packages until they are opened in accordance with section 22.

Marginal note:Advance poll

• 18 (1) The electoral officer may establish an advance polling station at any location that the electoral officer considers suitable and hold an advance poll for the period beginning on the tenth day and ending on the fifth day before the day on which the election is to be held.

• Marginal note:Procedures

  (2) The procedures set out in sections 20 and 21 apply to advance polling stations.

• Marginal note:On close of advance polling station

  (3) As soon as the advance polling station closes, the electoral officer must seal the ballot box in a manner that prevents it from being opened without breaking the seal, place their initials on the seal, invite two witnesses to initial the seal, and ensure the safekeeping of the ballot box until the counting of the votes following the close of the polling stations on the day of the election.

Marginal note:Polling stations

19 The electoral officer must establish at least one polling station on the reserve on the day of the election unless the electoral officer is unable to do so, in which case the electoral officer must establish a polling station as close to the reserve as possible.

Marginal note:Polling station materials

• 20 (1) The electoral officer must, before the poll is open, ensure that each polling station is equipped with ballot boxes, ballots, materials for marking the ballots and any other necessary materials for the conduct of the vote.

• Marginal note:Compartments

  (2) The electoral officer or deputy electoral officer must provide a compartment at each polling station where the electors can mark their ballots without being observed by any other person.

• Marginal note:Security

  (3) The electoral officer or deputy electoral officer may designate a person to maintain order at a polling station.

• Marginal note:Hours

  (4) Polling stations must be open from 9:00 a.m. to 8:00 p.m. on the day of the election.

• Marginal note:Candidate’s representatives

  (5) A candidate is entitled to two representatives in a polling station.

• Marginal note:Sealed ballot box

  (6) The electoral officer or deputy electoral officer must, before the polling station is opened, open the ballot box, call all persons present to witness that it is empty, seal the box in a manner that prevents it from being opened without breaking the seal and place it in a location that is visible to the voters.

• Marginal note:Seal

  (7) The seal of a ballot box must not be broken and the ballot box must not be opened during the time that the polling station is open.

• Marginal note:Repeat of procedure

  (8) If another ballot box is required during the time that the polling station is open, the electoral officer or deputy electoral officer must repeat the procedure set out in subsection (6).

Marginal note:Ballot

• 21 (1) Subject to subsection (3), the electoral officer or deputy electoral officer must provide a ballot on which their initials have been placed to any person who has not voted at an advance poll, who attends at a polling station and whose name is set out in the voters list.

• Marginal note:Marked voters list

  (2) The electoral officer or deputy electoral officer must place a mark on the voters list next to the name of each elector who was given a ballot.

• Marginal note:Mail-in ballot

  (3) An elector who received a mail-in ballot package under section 16 may obtain a ballot and vote in person at a polling station if the elector

  • (a) returns the unused mail-in ballot to the electoral officer or deputy electoral officer; or

  • (b) provides the electoral officer or deputy electoral officer with a sworn affidavit stating that they have lost their mail-in ballot.

• Marginal note:Procedure

  (4) After receiving a ballot, an elector must

  • (a) immediately proceed to the compartment provided for marking ballots;

  • (b) mark the ballot with a cross, check mark or other mark that clearly indicates the elector’s choice, but does not identify the elector, next to the name of the candidates for whom they intend to vote;

  • (c) fold the ballot in a manner that conceals the candidates’ names and any marks on the ballot without hiding the initials on the back; and

  • (d) give the ballot to the electoral officer or deputy electoral officer.

• Marginal note:Ballot box

  (5) The electoral officer or deputy electoral officer must, without unfolding the ballot, verify the initials placed on it and return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

• Marginal note:Privacy

  (6) Subject to subsection (7), while an elector is in the compartment provided for marking ballots, no other person is allowed to be in the compartment or be in a position to see the manner in which the elector marks their ballot.

• Marginal note:Assistance

  (7) At the request of any elector who is unable to vote in the manner set out in subsection (4), the electoral officer or deputy electoral deputy must, in the presence of a witness that the elector has selected, assist that elector by marking their ballot in the manner directed by the elector and return the ballot to the elector to deposit in the ballot box or, at the elector’s request, deposit it in the ballot box.

• Marginal note:Note on voters list

  (8) The electoral officer or deputy electoral officer must make a note on the voters list next to the elector’s name to indicate that the ballot was marked by the electoral officer or deputy electoral officer at the elector’s request.

• Marginal note:Spoiled ballot

  (9) An elector who has inadvertently made their ballot unusable may return it to the electoral officer or deputy electoral officer and is, on one occasion, entitled to obtain another ballot, and the electoral officer or deputy electoral officer must write the word “cancelled” on the spoiled ballot and preserve it.

• Marginal note:Forfeiture

  (10) Any person who has received a ballot and who declines to vote or who leaves the polling station without voting forfeits their right to vote at the election.

• Marginal note:Voters list

  (11) In the case of a person who forfeits their right to vote, the electoral officer or deputy electoral officer must make a note on the voters list next to that person’s name to indicate that the person received a ballot and declined to vote and, if possible, write the word “declined” on the back of the ballot and preserve it.

• Marginal note:Entitlement to vote before closure

  (12) Every elector who is inside the polling station at the time fixed for closing the poll is entitled to vote before the poll is to be closed.