First Nations Elections Regulations (SOR/2015-86)

Marginal note:Rejection or acceptance of mail-in ballot

22 At the time and on the date set for the counting of the votes in the notice referred to in section 14, the electoral officer or deputy electoral officer must, in the presence of everyone 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 is 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) place a mark on the voters list next to the elector’s name that is set out in the voter declaration form and deposit the ballot in a ballot box.

Marginal note:Ballots

23 After all mail-in ballots have been deposited in a ballot box, the electoral officer or deputy electoral officer must, in the presence of everyone present, open all ballot boxes and

• (a) examine the ballots and reject any ballots

  • (i) that do not contain the electoral officer’s or deputy electoral officer’s initials, or

  • (ii) on which any marks appear that would identify the voter;

• (b) declare any portion of a ballot on which votes have been given for more candidates than are to be elected to an office as void with respect to the candidates for that office;

• (c) take note of any objection made by any candidate or their representative to any ballot found in the ballot box and decide any question arising out of the objection;

• (d) number any objection and place a corresponding number on the back of the ballot with their initials and the word “allowed” or “disallowed”, as the case may be;

• (e) from the ballots that are not rejected and from the portions of ballots that are not void, count the votes given for each candidate who has not withdrawn before the close of the polls; and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, the number of ballots that are rejected and the number of ballots that have a portion declared void.

Marginal note:Declaration

• 24 (1) Subject to subsection (2), after the completion of the counting of the votes, the electoral officer must, in the presence of everyone present, declare to be elected the candidates having the highest number of votes.

• Marginal note:Five or fewer votes

  (2) If the difference between the number of votes of a candidate with the highest number of votes — who would otherwise be declared elected — and another candidate for the same position is five or fewer, the electoral officer must establish a date, time and place for a recount of the votes cast for those candidates and announce that date, time and place in the presence of everyone present.

• Marginal note:Time of recount

  (3) A recount must commence within 24 hours after the announcement by the electoral officer that a recount is necessary.

• Marginal note:Handling of ballots

  (4) If the recount is not to be conducted immediately after the counting of the votes, the electoral officer must

  • (a) deposit all ballots in envelopes and seal them in a manner that prevents them from being opened without breaking the seal;

  • (b) place their initials on the seal and have any two people present do the same;

  • (c) deposit the sealed envelopes into a ballot box and seal that box in a manner that prevents it from being opened without breaking the seal; and

  • (d) ensure the safekeeping of the sealed ballot box until the time established for a recount.

• Marginal note:Recount

  (5) On the date and at the time and place established for a recount, the electoral officer must open the sealed ballot box and the sealed envelopes in the presence of everyone present and conduct a recount.

• Marginal note:Declaration

  (6) After the completion of the recount, the electoral officer must, in the presence of everyone present, declare to be elected the candidates having the highest number of votes and, in the case where a draw has been held in accordance with section 24 of the Act, any candidate who has won the draw.

• Marginal note:Statement

  (7) Within four days after completion of the counting of the votes or, if there has been a recount, within four days after the recount, the electoral officer must

  • (a) sign and post, in a conspicuous place on the reserve, a statement indicating the number of votes cast for each candidate and the names of the elected candidates; and

  • (b) send a copy of the statement to the Department.

Disposal of Ballots and Election Documents

Marginal note:Retention of documents

• 25 (1) The electoral officer must deposit all ballots in envelopes, seal them and ensure their safekeeping along with other election documents, for a period of 120 days following the election.

• Marginal note:Destruction of documents

  (2) At the end of the period set out in subsection (1), the electoral officer must destroy the ballots and election documents, unless they are served, in accordance with section 34 of the Act, with an application to contest the election.

Candidacy Fee

Marginal note:Return of candidacy fee

26 Within 30 days of the day on which the electoral officer declared the results of the election, the electoral officer must

• (a) refund the candidacy fee to every candidate who received more than five percent of the total votes cast; and

• (b) remit to the First Nation the candidacy fees of all candidates who received five percent or less of the total votes cast.

Coming into Force

Marginal note:S.C. 2014, c. 5 or on registration

Footnote ^*27 These Regulations come into force on the day on which the First Nations Elections Act, chapter 5 of the Statutes of Canada, 2014 comes into force but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force April 2, 2015, see SI/2015-27.]