Election Code

PART 1 – PREAMBLE & TITLE

 

1. This code shall be called the Election Code of the Chemainus First Nation.

 

PART 2 – COMING INTO FORCE

 

2. This code comes into force upon the issuance of an order by the Minister of Indian Affairs and Northern Development which removes the Chemainus First Nation from the election provisions of the Indian Act.

 

PART 3 – INTERPRETATION

 

3. In this code

 

“appellant” means an individual who submits an appeal in accordance with this code with respect to an election.

 

“by-election” means a special election to fill a position on the council that has become vacant.

 

“candidate” means a person who:

 

1. is at least 18 years of age on the day on which the nomination meeting is held;

 

2. is a member of the band; and

 

3. has been nominated to be a candidate pursuant to the provisions of this code.

 

“code” means the leadership selection system set out herein.

 

“Code of Ethics” means guidelines, general rules of behaviour and standards established in accordance with section 44 of this code, which govern the conduct of candidates running for office and their supporters relating to their participation in the electoral process.

 

“Complaints and Appeal Board” means the body appointed by a band council resolution in accordance with section 205 of this code to review and make decisions concerning petitions for removal from office and election appeals.

 

“corrupt practices” means bribery direct or indirect, or providing a financial or material incentive to an elector in exchange for a vote.

 

“council” means the body composed of those persons selected pursuant to this code.

 

“deputy electoral officer” means any person appointed by the electoral officer for the purposes of an election to assist him in the conduct of the election process.

 

“elder” means a band member who is at least 65 years of age.

 

“election” means a general election or by-election of the band held pursuant to the provisions of this code.

 

“electoral officer” means a person, appointed by a band council resolution before each election, who has the responsibility for conducting the nomination meeting, the election and post-election procedures.

 

“elector” means a person who:

 

1. is a member of the band; and

 

2. is at least 18 years of age on the day on which the election is held.

 

“immediate family member” means the spouse, parents, children, brothers and sisters of the person in question;

 

“mail-in ballot” means a ballot mailed or delivered in accordance with section 144 of this code.

 

“nomination meeting” means the meeting at which persons come forward to nominate and second candidates at the election.

 

“oath” means a solemn affirmation.

 

“ordinarily resident on the reserve” and “ordinarily reside on the reserve” refers to the residential status of an elector or candidate who is considered to have his ordinary residence on the reserve. A person’s ordinary residence can be described as:

 

1. the place the person normally eats and sleeps;

 

2. the place the person receives mail;

 

3. the residence of the person’s immediate family; or

 

4. a place in proximity to the person’s place of employment.

 

A person can only be ordinarily resident in one place at one time, and a person is ordinarily resident in that place until another place of ordinary residence is acquired.

A person may also be temporarily absent from a place of ordinary residence for education, medical or temporary employment reasons.

 

“polling station” means a building, hall or room which is selected as the site at which voting takes place.

 

“Registrar” means the band employee responsible for maintaining the band’s membership list.

 

“rejected ballots” means those ballots that have been improperly marked and/or defaced by elector(s) which are not included in the tally of valid ballots cast during the counting of the votes.

 

“reserve” means the reserve of the Chemainus First Nation and includes the following Chemainus First Nation Reserves:

(i) Say-La-Quas Indian Reserve No. 10;

(ii) Squaw-Hay-One Indian Reserve No. 11;

3. Oyster Bay Reserve No. 12; and
4. Chemainus Indian Reserve No. 13.

 

“voter declaration form” means a document that sets out, or provides for:

 

1. the name of the elector;

 

2. the band membership or registry number of the elector or, if the elector does not have a band membership or registry number, the date of birth of the elector; and

 

3. the name, address and telephone number of a witness to the signature of the elector.

 

“voters list” means the list of band members eligible to vote in an election.

 

4. The masculine gender is used throughout this document without bias, in the interest of simplicity and ease of reading.

 

PART 4 – THE COUNCIL

 

Composition and Size²

 

5. The council shall consist of one chief and 9 councillors.

 

Meetings

 

6. The first meeting of the council shall be held not later than 30 days after its election, on a day, hour and place to be stated in a notice given to each member of the council, and meetings shall thereafter be held on such days and at such times as may be necessary for the business of the council or the affairs of the band.

 

7. No member of the council may be absent from meetings of council for three consecutive meetings without being reasonably excused from attendance by a quorum of the council.

 

8. The chief of the band or a quorum of the council shall summon a special meeting of the council.

 

9. The secretary to the council shall notify each member of the council of the day, hour and place of each meeting of the council.

 

Order and Proceedings

 

10. Five (5) council members shall constitute a quorum.

 

11. If no quorum is present within 30 minutes after the time appointed for the meeting, the secretary shall call the roll and take the names of the members of council then present and council shall stand adjourned until the next meeting.

 

12. The chief of the band shall be the presiding officer at meetings of council.

 

13. Upon a quorum being present, the presiding officer shall take the chair and call the meeting to order.

 

14. In the absence of the chief, a chairman shall be chosen from among the councillors present until his arrival.

 

15. The presiding officer shall maintain order and decide all questions of procedure.

 

16. The order of business at each regular meeting of the council shall be as follows:

 

1. reading, correction (if any) and adoption of the minutes of the previous meeting;

 

2. unfinished business;

 

3. presentation and consideration of reports of committees;

 

4. new business;

 

5. presentation and reading of correspondence and petitions;

 

6. hearing deputations; and

 

7. adjournment.

 

17. Each resolution shall be presented or read by the mover, and when duly moved and seconded and placed before the meeting by the presiding officer, shall be open for consideration.

 

18. After a resolution has been placed before the meeting by the presiding officer, it shall be deemed to be in the possession of the council, but it may be withdrawn by consent of the majority of the council members present.

 

19. When any council member desires to speak, he shall address his remarks to the presiding officer and confine himself to the question then before the meeting.

 

20. In the event of more than one council member desiring to speak at one time, the presiding officer shall determine who is entitled to speak.

 

21. The presiding officer or any council member may call a council member to order while speaking, and the debate shall then be suspended and the council member shall not speak until the point of order is determined.

 

22. A council member may speak only once on a point of order.

 

23. Any member of the council may appeal the decision of the presiding officer to the council and all appeals shall be decided by a majority vote and without debate.

 

24. All questions before the council shall be decided by majority vote of the councillors present.

 

25. The presiding officer shall not be entitled to vote unless the votes in favour and against the measure are equal, in which case the presiding officer shall cast the deciding vote.

 

26. Every member present when a question is put shall vote thereon unless the council excuses him or unless he is personally interested in the question, in which case he shall declare his interest, and may recuse himself or be required to recuse himself by a majority vote of the other council members.

 

27. A member of the council who refuses to vote shall be deemed to vote in the affirmative.

 

28. Whenever a division of the council is taken for any purpose, each council member present and voting shall announce his vote upon the question openly and individually to the council and, when so requested by any member, the secretary shall record it.

 

29. Any member may require the question or resolution under discussion to be read for his information at any period of the debate, but not so as to interrupt a member who is speaking.

 

30. The regular meetings of the council shall be open to members of the band, and no member shall be excluded from a regular meeting except for improper conduct.

 

31. The presiding officer may expel or exclude from any meeting any person who causes a disturbance at the meeting.

 

32. The council may appoint in lieu of the committee of the whole council, standing committees or special committees on any matters as the interests of the band may require.

 

33. A majority of the members of a committee shall be a quorum.

 

34. The chief of the band shall be an ex officio member of all committees and be entitled to vote at all committee meetings, and other members of the council may attend meetings of a committee and may with the consent of the committee take part in the discussion but shall not be entitled to vote.

 

35. The general duties of standing and special committees are:

 

1. to report to the council from time to time as often as the interests of the band may require, all matters connected with the duties imposed on them and recommend such action by the council in relation to those duties as they may deem necessary and expedient; and

 

2. to consider and report upon all matters referred to them by the council or by the chief of the band.

 

Special meetings of committees shall be called at the request of the chairman or a majority of the committee or, in the absence of the chairman, on request of the chief of the band.

 

 

36. The council may make such rules of procedure as are not inconsistent with code in respect of all matters not specifically provided for hereby, as it may deem necessary.

 

 

Mode of Election for Chief and Councillors

 

37. Chief and councillors shall be elected by a vote held in accordance with this code.

 

Term of Office

 

 

38. Subject to paragraphs 41 and 42, the term of office for the position of chief and councillors shall be 3 years.

 

39. Except with respect to a by-election held in accordance with section 69, the election for Chief and Councillors shall be held on the first Thursday of April in the third year following the last general election.

40. The term of office for the chief and councillors commences when the Electoral Officer declares the results of the election under section 192 and, subject to any vacancy arising under this code, expires at eleven fifty-nine (11:59) p.m. on the

day preceding the next Election.

 

41. The successful candidate in a by-election shall hold office for the remainder of the original term of office of the chief or councillor whom he is elected to replace.

 

42. In the event that a successful appeal results in a new general election, the term of the newly elected council shall commence when the Electoral Officer declares the results of the election under section 192, and expires no later than 3 years later.

 

Vacancy

 

43. A chief or councillor position on the council may become vacant if, while in office:

 

1. the chief or councillor resigns in writing from office of his own accord;

 

2. the chief or councillor dies;

 

3. the chief or councillor is removed from office in accordance with section 47; or

 

4. the chief or councillor is unable to fulfill the terms of office.

 

 

PART 5 – CODE OF ETHICS

 

44. Candidates must campaign:

 

1. according to the rules and regulations established in this code and pursuant to the Code of Ethics;

 

2. without coercion or vote-buying;

 

3. respecting the right and freedom of other parties to organize and campaign;

 

4. respecting the rights of voters to obtain information from a variety of sources and to attend political rallies;

 

5. ethically, focusing on political issues and candidate platforms, instead of conducting smear campaigns or ones of rumour and innuendo;

 

6. non-violently, without intimidating opposing party candidates, opposition supporters or the media, and without the use of language inciting their own supporters to violence;

 

7. respecting the freedom of the press to cover the campaign and to express opinions on the campaign;

 

8. respecting the electoral officials and not interfering with the performance of their duties; and

 

9. accepting and complying with the official election results and the final decision of the Complaints and Appeal Board.

 

45. Every person is in breach of the code of ethics who, during an election period, directly or indirectly offers a bribe to influence an elector to vote or refrain from voting or to vote or refrain from voting for a particular candidate, or during an election period, accepts or agrees to accept a bribe that is offered.

 

46. Every person is in breach of the code of ethics who, by intimidation or duress, compels a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate in an election, or by any pretence or contrivance, induces a person to vote or refrain from voting or to vote or refrain from voting for a particular candidate in an election.

 

 

PART 6 – REMOVAL OF COUNCIL MEMBERS FROM OFFICE

 

47. The chief or a councillor may be removed from office and be prevented from running for office for up to 6 years if he:

 

1. violates this code, his oath of office or the Code of Ethics;

 

2. fails to attend three consecutive regular meetings of council without being reasonably excused from attendance by a quorum of the council⁷;

 

3. fails to maintain a standard of conduct expected of a member of council;

 

4. has been convicted of an indictable offence since his election;

 

5. accepts or offers a bribe, forges a council document or otherwise acts dishonestly in his role;

 

6. is negligent in failing to ensure the safety and protection of the community’s members and property;

 

7. abuses his office such that the conduct negatively affects the dignity and integrity of the community or of council;

 

8. encourages others to commit any of the above acts or omissions; or

 

9. engages in such other conduct as may be determined by council to be of such a serious nature that the removal is necessary and appropriate.

 

Procedure

 

48. Proceedings to declare a person ineligible to continue to hold the office of chief or councillor shall be initiated by:

 

1. any elector submitting to the Council a petition in writing and delivered in person or by registered mail to the Chemainus First Nation Administrator on which shall appear:

 

1. the ground pursuant to section 47 on which removal of a chief or councillor is sought;

 

2. the evidence in support of the petition;

 

3. the signature of the petitioner;

 

4. the signatures of at least 20% of all eligible electors of the band in support of the petition; and

 

5. a non-refundable filing fee of $50.

 

2. a majority of council members passing a band council resolution and submitting a petition to the Complaints and Appeal Board on which shall appear:

 

1. the ground pursuant to section 47 on which removal of a chief or councillor is sought;

 

2. all supporting documentation in support of the resolution; and

 

3. the signatures of all council members who voted for the removal.

 

49. On receipt of a petition pursuant to subsection 48(a), council shall place the matter on the agenda for the next regular meeting of council.

 

50. Within five days of receipt of the petition under subsection 48(a), council shall notify, in writing and by registered mail, the petitioner and the council member who is the subject of the petition of the date and time at which a meeting of council will be held to review the petition.

 

51. The council member who is the subject of the petition as well as the petitioner shall be given the opportunity to provide a submission at the meeting of council at which the petition is being reviewed.

 

52. Council may compel the production of evidence and the attendance of witnesses at the meeting to review the petition.

 

53. Council shall, within five days of the meeting of council at which the petition submitted in accordance with subsection 48(a) was reviewed, by band council resolution:

 

1. declare that there is insufficient evidence to support a decision to remove the council member from office; or

 

2. declare that the council position held by the council member who was the subject of the petition to be vacant, and shall specify the length of time that the chief or councillor in question is prevented from running for office, up to a maximum of 6 years.

 

54. Council shall send, by registered mail, a written notice of the decision made under section 48(b) or 53 to the petitioner(s) and the council member who is the subject of the petition.

 

55. Where a petition has been dismissed under subsection 53(a), the petitioner(s) may appeal the dismissal to the Complaints and Appeal Board by submitting a written appeal, within 14 days of receipt of Council’s notice of decision, to the Complaints and Appeal Board according to the procedure set out in section 212.

 

56. Where the position of a council member has been declared vacant under subsection 53(b), the council member may appeal the decision of council to the Complaints and Appeal Board by submitting a written appeal, within 14 days of receipt of Council’s notice of decision, to the Complaints and Appeal Board according to the procedure set out in section 212.

 

57. Council shall have the power to suspend from office the council member who is the subject of the petition for removal during the review process.

 

58. Upon receipt of an appeal under section 55 or 56, the Complaints and Appeal Board shall:

 

1. determine that the grounds put forth in the appeal are either frivolous in nature or unsubstantiated, and dismiss the appeal;

 

2. determine that the appeal is valid and there is sufficient grounds and evidence to reverse or modify the decision of council; or

 

3. schedule a review hearing, which must take place within 20 days from the date on which the appeal was submitted to the board.

 

59. In the case where the appeal has been dismissed under subsection 58(a), the Complaints and Appeal Board shall inform the appellant in writing and provide a rationale.

 

60. In the case where the appeal has been upheld under subsection 58(b), the Complaints and Appeal Board shall inform the appellant, council and the council member who is the subject of the petition for removal.

 

61. In the case where the Complaints and Appeal Board schedules a review hearing under subsection 58(c), the board shall send a notice of the hearing by registered mail to council, the appellant(s) and the council member who is the subject of the petition for removal.

 

62. Upon receipt of a petition under section 48(b), the Complaints and Appeal Board shall schedule a review hearing, which must take place within 20 days from the date on which the petition was submitted to the board. The board shall send a notice of the hearing by registered mail to council and the council member who is the subject of the petition for removal.

 

63. The written notice described in section 61 or 62 shall set out:

 

1. the nature of the hearing and all related particulars;

 

2. the date, time and location of the hearing; and

 

3. a statement that the appellant (if applicable), any member of council or the council member who is the subject of the petition for removal may, at the hearing, make a presentation to the board, which may include the presentation of documents and testimonial by witnesses.

 

64. The Complaints and Appeal Board shall conduct a hearing at the time and place set out in the notice provided under section 61 or 62.

 

65. Within five days of the day on which the hearing under section 64 was held, the Complaints and Appeal Board shall rule:

 

1. In the case where the subject of the hearing was the appeal by a council member whose council position was declared vacant under subsection 53(b) of the code,

 

1. that the decision of council to declare the council position vacant was justified and shall stand; or

 

2. that the decision of council to declare the council position vacant was not justified and order that the council member continue in office.

 

2. In the case where the subject of the hearing was the appeal under section 55 of a dismissal by council of a petition for removal:

 

1. that the decision of council to dismiss the petition was justified and shall stand; or

 

2. that the decision of council to dismiss the petition was not justified and declare the council position of the council member who is the subject of the petition to be vacant, in which case the board shall specify the length of time that the chief or councillor in question is prevented from running for office, up to a maximum of 6 years.

 

3. In the case where the subject of the hearing was a petition by Council under section 48(b):

 

1. That the resolution of Council recommending removal of the chief or councillor was justified and declare that council position to be vacant; or

 

2. That the resolution of Council recommending removal of the chief or councillor was not justified and declare that the chief or councillor who is the subject of the petition continue to hold office.

 

66. The Complaints and Appeal Board shall send, by registered mail, a written notice of the ruling made under section 65 to council, the appellant (if applicable) and the council member who is the subject of the petition for removal.

 

67. The decision of the Complaints and Appeal Board made under section 65 is final and binding upon all parties.

 

68. For greater certainty, where this Code give the Complaints and Appeal Board the power to uphold or overturn a decision of Council in relation to removal of council members, that power includes the authority to modify Council’s decision, including the decision as to the length of time that a chief or councillor is prevented from running for office.

 

By-election

 

69. Unless otherwise provided in this code, in the event that the office of chief or councillor becomes vacant, a by-election may be held within 120 days after the date on which the position is declared vacant. For greater certainty, Council may decide to leave a vacant seat open for budgetary reasons, to honour a chief or councillor who has died or for any other legitimate reason.

 

70. No by-election shall be held if there are less than 3 months remaining in the term of the council member whose office has become vacant, except where a by-election is necessary to have sufficient council members to maintain a quorum.

 

71. No sitting council member is eligible to be a candidate in a by-election. If a council member wishes to be a candidate in a by-election, he must resign his council position prior to the nomination meeting for the by-election.

 

72. Except as expressly provided otherwise in this code, the rules and procedures in this code shall apply to by-elections.

 

 

PART 7 – PRE-NOMINATION PROCEDURE

 

Appointment of an Electoral Officer

 

73. The electoral officer shall be appointed by a band council resolution not less than 60 days before the expiration of the council’s term of office.

 

74. The band council resolution for the appointment of the electoral officer shall contain his full name and address, the date of the election, the type of election which is to be conducted (general election or by-election), as well as any special instructions.

 

75. If an electoral officer has not been appointed within the time set out in section 73, the electoral officer shall be appointed by the band manager as soon as possible.

 

76. The electoral officer must be a person who:

 

1. is not a member of the band;

 

2. has no vested interest in the outcome of the election;

 

3. is at least 21 years of age; and

 

4. has experience in the conduct of elections or has received appropriate training.

 

77. In the event that the electoral officer cannot fulfill his duties, an existing deputy electoral officer shall be appointed by a band council resolution, to undertake the duties of the electoral officer. In the absence of an existing deputy electoral officer, the council shall appoint a new electoral officer.

 

Oath of Office

 

78. The electoral officer must swear an oath to uphold the office in accordance with this code.

 

Responsibilities and Ethics

 

79. The electoral officer is responsible for managing and executing all pre-electoral, electoral and post-electoral processes and procedures included in this code. The electoral officer must:

 

1. uphold and abide by the rules and regulations established in this code and pursuant to the Code of Ethics;

 

2. remain neutral and professional in the conduct of the duties of his office, and refrain from providing any preferential treatment or expressing support for or opposition to any candidate;

 

3. not accept anything of value (including but not limited to money, offers of employment, gifts, travel) in exchange for preferential treatment or access to a public official or non-public information;

 

4. not discriminate against anyone because of race, religion, sex, age or handicap;

 

5. use public office facilities to fulfill the terms of his office, and not for personal or partisan benefit;

 

 

6. not pressure or intimidate other officials or personnel to favour a certain candidate; and

 

7. avoid conflicts of interest, or the appearance of conflicts of interest, by abstaining from decision making where the electoral officer has a personal or private interest in the matter at issue.

 

 

Dismissal of the Electoral Officer

 

80. Council may by band council resolution terminate the services of an electoral officer if the electoral officer does not comply with this code, fails to fulfil his or her duties, or contravenes the Code of Ethics. In the event that council dismisses an electoral officer under this section, council shall

 

1. appoint a new electoral officer in accordance with this code;

 

2. notify the candidates in writing within two working days of the decision and where possible, shall include the name and contact information of the new electoral officer;

 

3. if necessary, designate a new election day in accordance with this code to accommodate the appointment of the new electoral officer.

 

 

 

Voters List

 

81. At least 49 days before the day on which an election is to be held, the Registrar shall provide the names, band membership numbers and dates of birth of all band members who will have attained the age of 18 years on the date on which the election is to be held.

 

82. The Registrar shall, no later than 49 days before the date on which the election is to be held, provide the electoral officer with the last known addresses, if any, of all electors who do not reside on the reserve.

 

83. Electors are responsible for providing the Registrar with their current addresses.

 

84. An elector’s address shall be used by the electoral officer only for the purpose of providing notices, mail-in ballots or other election documents to electors who are entitled to receive them under this code.

 

85. Except for the purposes noted in section 84, the electoral officer shall not disclose an elector’s address without the consent of the elector.

 

86. A candidate for election as chief or councillor may obtain from the electoral officer a list of the names and addresses of electors who have consented to have their addresses disclosed to candidates.

 

87. At least 49 days before the day on which an election is to be held, the electoral officer shall prepare a voters list containing the names of all of the electors in alphabetical order.

 

88. The electoral officer shall post the voters list in a public area of the band administration building and in such other conspicuous places on the reserve as may be determined by the electoral officer, no later than 42 days prior to the date on which the election is to be held.

 

89. On request, the electoral officer or deputy electoral officer shall confirm whether the name of a person is on the voters list.

 

 

90. The electoral officer shall revise the voters list upon presentation of documentary evidence which demonstrates that:

 

1. the name of an elector has been omitted from the voters list;

 

2. the name of an elector is incorrectly set out in the voters list; or

 

3. the name of a person not qualified to vote is included in the voters list.

 

91. A person, or an elector acting on his behalf, may, no later than 2 days prior to the date on which an election is to be held, demonstrate that the name of an elector has been omitted from or incorrectly set out in the voters list by presenting in writing to the electoral officer evidence from the Registrar that the elector:

 

1. is entitled to have his name entered on the band list;

 

2. will be at least 18 years of age on the date on which the election is to be held; and

 

3. is qualified to vote in band elections.

 

92. A person may demonstrate that the name of a person not qualified to vote has been included in the voters list by presenting in writing to the electoral officer, no later than 15 days before the day on which the election is to be held, evidence that the person:

 

1. is neither on the band list nor entitled to have his name entered on the band list;

 

2. will not be at least 18 years of age on the date on which the election is to be held; or

 

3. is not qualified to vote in band elections.

 

93. Where the electoral officer believes or has information that a person whose name is on the voters list is not an elector, or where, in accordance with section 92, an elector demonstrates to the electoral officer that the name of a person not qualified to vote appears on the voters list, the electoral officer shall give written notice to the person whose eligibility is challenged at least 10 days prior to the date on which the election is to be held.

 

94. The notice given under section 93 shall include the reasons for seeking the removal of the name from the voters list and any supporting documents, and shall provide notice that a written reply may be sent to the electoral officer, which must be received no later than 4 days prior to the date on which the election is to be held.

 

95. After consideration of all information and representations relating to amendments of the voters list, the electoral officer shall add or delete names from the voters list based on whether persons qualify as electors.

 

96. The decision of the electoral officer under section 95 is final and is not subject to appeal.

 

97. A person whose name does not appear on the voters list shall be entitled to vote on election day, provided he presents documentary proof to the electoral officer demonstrating his qualifications as an elector to the electoral officer’s satisfaction.

 

Appointment of Deputies and Interpreters

 

98. The electoral officer shall appoint deputies and interpreters as he deems necessary, who shall work under his direction.

 

99. The deputy electoral officer shall have such powers as described in this code as well as those powers of the electoral officer as delegated to the deputy by the electoral officer.

 

100. A deputy electoral officer shall not be a member of council or a candidate in the election.

 

101. Every deputy electoral officer shall swear an oath of office to:

 

1. uphold and comply with this code, the Code of Ethics and all the laws of the community;

 

2. fulfill the duties and responsibilities of his office under this code;

 

3. carry out his duties faithfully, honestly, impartially and to the best of his abilities;

 

4. keep confidential, both during and after his term of office, any matter or information which, under this code, community law or policy, is considered confidential; and

 

5. always act in the best interests of the community in carrying out his duties.

 

102. The electoral officer may make such orders and issue such instructions consistent with the provisions of this code as he may deem necessary for the effective administration of the election.

 

 

PART 8 – THE NOMINATION PROCESS

 

Notice of Nomination Meeting and Mail-in Procedures

 

103. The electoral officer shall, at least 14 days before the date on which the nomination meeting is to be held, post a notice of nomination meeting in at least one conspicuous place on the reserve.

 

104. The electoral officer shall, at least 14 days before the date on which the nomination meeting is to be held, mail a notice of the nomination meeting and a voter declaration form to every elector who does not ordinarily reside on the reserve in respect of whom the electoral officer has been provided with, or has been able to obtain, an address.

 

105. A notice of a nomination meeting shall include:

 

1. the date, time, duration and location of the nomination meeting;

 

2. the date on which the election will be held and the location of each polling place;

 

3. the name and phone number of the electoral officer;

 

4. the statement that any voter may vote by mail-in ballot;

 

5. a description of the manner in which an elector can nominate a candidate, or second the nomination of a candidate; and

 

6. 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.

 

106. The electoral officer shall record the names of the 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

 

Eligibility to Nominate

 

107. In order to be entitled to nominate a candidate at an election, an elector must, on the day of the nomination meeting:

 

1. be at least 18 years of age; and

 

2. be included on the voters list.

 

108. Subject to section 107, any elector may propose or second the nomination of any qualified person to serve as the chief or councillor:

 

1. by delivering or 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

 

2. orally, at the nomination meeting.

 

Nomination Meeting

 

109. The nomination meeting shall be held at least 28 days prior to the date on which the election is to be held.

 

110. At the time and place set for the nomination meeting, the electoral officer shall declare the nomination meeting open for the purpose of receiving the nomination of candidates for the available council positions.

 

111. The electoral officer is responsible for managing and conducting the nomination meeting.

 

112. Immediately following the opening of the nomination meeting, the electoral officer shall read aloud all written nominations and secondments that have been received by mail or delivered in accordance with subsection 108(a).

 

Duration

 

113. The nomination meeting shall remain open for at least 3 hours.

 

Maintaining Order and Security

 

114. The electoral officer shall maintain order at all times during the nomination meeting and may cause to be removed any person who, in his opinion, is disrupting or otherwise interfering with the proceedings.

 

Nomination Procedure

 

115. Mailed nominations that are not received by the electoral officer before the time set for the nomination meeting are void.

 

116. The electoral officer shall record the name of the candidate, the nominator and the seconder and confirm to those present at the meeting that the proposed candidate is eligible to be elected to the position of chief or councillor of the band.

 

117. A person present at a nomination meeting who is eligible to do so may second the nomination of any person nominated in writing.

 

118. Where the same person receives two written nominations for the same office, the second nomination shall constitute a secondment of the first nomination.

 

119. Any elector may nominate or second no more than:

 

1. one eligible person for the office of chief; and

 

2. the number of eligible persons equivalent to the vacancies for the office of councillor.

 

120. At the end of the nomination meeting, the electoral officer shall:

 

1. if only one person has been nominated for election as chief, declare that person to be elected;

 

2. if the number of persons nominated to serve as councillors does not exceed the number to be elected, declare those persons to be elected; and

 

3. where more than the required number of persons are nominated for election as chief or councillors, announce that an election will be held.

 

121. On the day following the nomination meeting, the electoral officer shall post in at least one conspicuous place on the reserve a list of nominees, their nominators and seconders and the offices for which they are nominated.

 

 

PART 9 – CANDIDACY

 

122. Only electors who meet the requirements of a candidate as set out in this code may be nominated as a candidate.

 

123. A person may only be a candidate for one of the offices of chief or councillor in any election.

 

124. If the nominee is present at the nomination meeting, he or she shall sign the following documents:

 

1. a notice of acceptance of nomination; and

 

2. a sworn declaration confirming their eligibility as a candidate.

 

125. A nominee not present at the nomination meeting shall file the documents required under section 124 with the electoral officer by mail, facsimile transmission or in person.

 

126. A person nominated as a candidate for both the office of chief and the office of councillor must declare which office he intends to seek (if any).

 

127. No person shall accept candidacy in an election if that person is not eligible to be a candidate in accordance with this code.

 

Deposit

 

128. A deposit of $50 must be posted by all candidates for the position of chief.

 

129. A deposit of $50 must be posted by all candidates for the position of councillor.

 

130. The deposit shall be in the form of cash, money order, or certified cheque.

 

131. If the deposit takes the form of a certified cheque or money order, the instrument shall be made payable to the band.

 

132. All funds received as deposits during the election process, including those funds received pursuant to section 128 and 129, shall be placed in a special bank account which contains only those funds. The funds shall be held in trust by the electoral officer in this account and then paid out according to the provisions of this code.

 

133. After the appeal period has expired, in the case where no election appeal has been filed in accordance with this code, or after all appeals have been decided, the electoral officer shall issue a cheque in the amount of the deposit under section 128 and 129, as the case may be, to each candidate who has received 15% of the total votes cast at the election. The electoral officer shall remit any remaining funds to the band.

 

134. A nominee who fails to submit the documents required under section 124 and the deposit required under sections 128 and 129 to the electoral officer within 5 days of the nomination meeting shall be removed as a nominee and his name shall not be included on the ballot.

 

Withdrawal

 

135. A candidate may withdraw his candidacy within 5 days of the date on which the nomination meeting was held by submitting a written withdrawal of nomination to the electoral officer.

 

136. A candidate who withdraws shall forfeit his deposit.

 

137. A candidate who dies before the close of the polls shall be considered to have withdrawn his candidacy.

 

 

PART 10 – PRE-ELECTION PROCEDURE

 

Acclamation

 

138. Where the office of chief and all offices of councillor are filled by acclamation:

 

1. the electoral officer shall post in at least one conspicuous place on the reserve, and mail to every elector who does not ordinarily 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

 

2. sections 139 through 194 shall not apply.

 

Ballots

 

139. The electoral officer shall prepare ballot papers setting out:

 

1. the names of the candidates nominated for election as chief, in alphabetical order by surname; and

 

2. the names of the candidates nominated for election as councillors, in alphabetical order by surname.

 

140. Where two or more candidates have the same name, the electoral officer shall add to the ballots such additional information as is necessary to distinguish between those candidates. The ballot may, at the request of the candidate, include a candidate’s commonly used nickname.

 

Notice of the Election

 

141. The election shall be held at least 28 days after the day on which the nomination meeting was held.

 

142. The electoral officer shall, within 3 days after the day on which the nomination meeting was held, post a notice of election in at least one conspicuous place on the reserve.

 

143. The notice shall include:

 

1. the date of the election;

 

2. the times at which the polling station(s) will open and close;

 

3. the location of the polling station(s);

 

4. the time and location of the counting of the votes; and

 

5. a statement that the voters list is posted for public viewing and its location.

 

Mail-in Ballots

 

144. The electoral officer shall, at least 21 days prior to the date on which the election is to be held, mail to every elector who is not ordinarily resident on the reserve and to every elector whose application to vote by mail-in ballot has been received, a mail-in ballot package consisting of:

 

1. a ballot initialled on the back by the electoral officer;

 

2. an inner postage-paid return envelope, pre-addressed to the electoral officer;

 

3. a second inner envelope marked “ballot” for insertion of the completed ballot;

 

4. an voter declaration form which shall set out:

 

1. the name of the elector;

 

2. the membership number and date of birth of the elector; and

 

3. the name, address and telephone number of the witness to the signature of the elector;

 

5. the notice of election set out in section 143; and

 

6. a letter of instruction regarding voting by mail-in ballot which shall also include:

 

1. a statement advising electors that they may vote in person at any polling station on the day of the election if they return their mail-in ballot to the electoral officer at the polling station or swear a written declaration before the electoral officer, a justice of the peace, notary public or duly appointed commissioner for taking oaths that they have lost the mail-in ballot; and

 

2. a list of the names of any candidates who were acclaimed.

 

145. An elector who is ordinarily resident on the reserve and who is unable to vote in person on election day may, at least 10 days prior to the date on which the election is to be held, request a mail-in ballot package from the electoral officer.

 

146. An elector not residing on the reserve who has not received a mail-in ballot package may, not later than 10 days prior to the date on which the election is to be held, request a mail-in ballot package from the electoral officer.

 

147. Upon receipt of a request for a mail-in ballot package under section 145 or 146, the electoral officer shall mail or deliver a mail-in ballot package described in section 144 to the elector who so requests.

 

148. The electoral officer shall indicate on the voters list that a ballot has been provided to each elector to whom a mail-in ballot was mailed or otherwise provided and keep a record of the date on which, and the address to which, each mail-in ballot was mailed or otherwise provided.

 

149. An elector shall vote by mail-in ballot by:

 

1. placing an “X” or other mark that clearly indicates the elector’s choice but does not identify the elector opposite the name of the candidate or candidates for whom he desires to vote;

 

2. folding the ballot in a manner that conceals the names of the candidates or any marks, but exposes the electoral officer’s initials on the back;

 

3. placing the ballot in the inner envelope and sealing the envelope;

 

4. completing and signing the voter declaration form in the presence of a witness who is at least 18 years of age;

 

5. placing the inner envelope and the completed, signed and witnessed voter declaration form in the postage-paid envelope; and

 

6. delivering, mailing or otherwise ensuring receipt by the electoral officer of the envelope before the close of polls on the day of the election.

 

150. Where an elector is unable to vote in the manner set out in section 149, the elector may enlist the assistance of another person to mark the ballot and complete and sign the voter declaration form in accordance with that section.

 

151. A witness referred to in section 150 shall attest to:

 

1. the fact that the person completing and signing the voter declaration form is the person whose name is set out in the form; or

 

2. the fact that the elector is the person whose name is set out in the form and that the ballot was marked according to the directions of the elector.

 

152. Mail-in ballots that are not received by the electoral officer before the close of polls on the day of the election shall not be counted.

 

Equipment for the Election

 

153. The electoral officer shall, before the polling station is open, supply the polling station with:

 

1. sufficient ballot boxes;

 

2. a sufficient number of ballots;

 

3. a sufficient number of voting compartments enabling electors to mark their ballots free from observation;

 

4. instruments for marking the ballots;

 

5. a sufficient number of voting instructions as may be required;

 

6. all other equipment necessary to establish and equip the voting locations; and

 

7. the final voters list.

 

Polling Stations

 

154. The electoral officer will establish at least one polling station on the reserve.

 

155. The electoral officer shall provide a voting compartment in the polling station where electors can mark their ballots free from observation and the electoral officer may appoint security to maintain order in the polling station.

 

 

PART 11 – ELECTION DAY

 

Electoral Officer

 

156. The electoral officer shall not be allowed to vote in the election.

 

Candidate’s Agent

 

157. A candidate shall be entitled to not more than two agents in the polling station at any one time.

 

158. A candidate’s agent must present a letter of authorization to the electoral officer or the deputy electoral officer, signed by the candidate, in order to be permitted to remain in the polling station.

 

Polling Hours

 

159. The polling station shall be open from 9 a.m. until 8 p.m. local time on the day of the election.

 

Verification of the Ballot Box

 

160. The electoral officer or deputy electoral officer shall, immediately before the commencement of the poll:

 

1. open the ballot box and call such persons as may be present to witness that it is empty and complete a written statement to that effect, verified by a witness;

 

2. lock and properly seal the ballot box in a manner preventing it from being opened without breaking the seal; and

 

3. place the ballot box in public view for the reception of the ballots.

 

Secrecy and Security

 

161. Voting shall be by secret ballot.

 

162. No elector may vote by proxy or authorize another person to vote on his or her behalf.

 

163. The electoral officer or deputy electoral officer shall maintain order at all times in the polling station and may cause to be removed any person who in any way interferes, disrupts or attempts to influence the orderly conduct of the poll.

 

164. No person shall, on the day the election is held, on the premises of the polling station:

 

1. distribute any election-related printed materials except such materials as may be distributed by the electoral officer or deputy electoral officer for the purpose of conducting the election;

 

2. attempt to interfere with or influence any elector in marking his ballot; or

 

3. attempt to obtain information as to how an elector is about to vote or has voted.

 

Voting Procedure

 

165. Each person, on arriving at the polling station, shall give his name to the electoral officer or deputy electoral officer.

 

166. The electoral officer or deputy electoral officer shall, if the person’s name is set out in the voters list, place his initials on both the ballot for chief and the ballot for councillor, as the case may be, and provide them to the elector.

 

167. The electoral officer or deputy electoral officer shall cause to be placed in the proper column of the voters list a mark opposite the name of every person receiving a ballot paper.

 

168. An elector to whom a mail-in ballot was mailed or provided under section 144, 145 or 146 may obtain a ballot and vote in person at a polling place if:

 

1. the elector returns the mail-in ballot to the electoral officer or deputy electoral officer; or

 

2. where the elector has lost the mail-in ballot, the elector provides the electoral officer or deputy electoral officer with a written affirmation that the elector has lost the mail-in ballot, signed by the elector in the presence of the electoral officer, deputy electoral officer, a justice of the peace, a notary public or a commissioner for oaths.

 

169. The electoral officer or deputy electoral officer shall, when requested to do so, explain the method of voting to the elector.

 

170. After receiving a ballot, an elector shall:

 

1. immediately proceed to the compartment provided for marking ballots;

 

2. mark the ballot by placing an “X” or other mark that clearly indicates the elector’s choice but does not identify the elector opposite the name of the candidate or candidates for whom he desires to vote;

 

3. fold the ballot in a manner that conceals the names of the candidates and any marks, but exposes the initials on the back; and

 

4. deliver the ballot to the electoral officer or deputy electoral officer.

 

171. On receipt of a completed ballot, the electoral officer or deputy electoral officer shall, without unfolding the ballot, verify the initials placed on it and deposit it in the ballot box in the presence of the elector and any other persons entitled to be present at the polling station.

 

172. While an elector is in the compartment for the purpose of marking his ballot, no other person shall, except as provided in section 173, be allowed in the same compartment or be in any position from which he can see the manner in which the elector marks his ballot paper.

 

Voting Irregularities

 

173. At the request of any elector who is unable to vote in the manner set out in section 170, the electoral officer or deputy electoral officer shall assist that elector by marking his ballot in the manner directed by the elector in the presence of another elector selected by the elector as a witness and shall place the ballot in the ballot box.

 

174. The electoral officer or deputy electoral officer shall note on the voters list opposite the name of an elector requiring assistance, as set out in section 173, the fact that the ballot paper was marked by him at the request of the elector and the reasons therefore.

 

175. An elector who has inadvertently dealt with his ballot in such a manner that it cannot be conveniently used shall, on one occasion only, upon returning it to the electoral officer or deputy electoral officer, be entitled to obtain another ballot . The electoral officer or deputy electoral officer shall write the word “cancelled” upon the spoiled ballot and preserve it.

 

176. Any person who has received a ballot and who leaves the polling place without delivering the same to the electoral officer or a deputy electoral officer in the manner provided, or after receiving a ballot, refuses to vote, shall forfeit his right to vote at the election, and the electoral officer or deputy electoral officer shall make an entry in the voters list in the column for remarks opposite the name of such person to show that such person received a ballot and declined to vote, and the electoral officer or deputy electoral officer shall mark upon the face of the ballot the word “declined” and all ballots so marked shall be preserved.

 

Closing of the Polling Station

 

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

 

 

PART 12 – COUNTING OF THE VOTES

 

Opening Mail-in Ballots

 

178. At the time published in the notice prepared under section 142 for the counting of the votes, 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,

 

1. reject the ballot if:

 

1. it was not accompanied by a voter declaration form, or the voter declaration form is not signed or witnessed,

 

2. the voter declaration form does not contain a date of birth or a band number that matches the information contained for that elector on the voters list;

 

3. the name of the elector set out in the voter declaration form is not on the voters list; or

 

4. the voters list shows that the elector has already voted.

 

 

2. 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.

 

Counting the Ballots

 

179. The electoral officer or deputy electoral officer shall supply other deputy electoral officers and all persons present and who so request with a tally sheet to keep their own tally of the votes.

 

180. Immediately after the mail-in ballots have been deposited in the ballot box under subsection 178(b), 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 examine each ballot.

 

181. The electoral officer or deputy electoral officer shall call out the names of the candidates for whom the votes were cast on all valid ballots.

 

182. A deputy electoral officer shall mark a tally sheet in accordance with the names being called out under section 181, for the purpose of arriving at the total number of votes cast for each candidate.

 

Ballots not Counted

 

183. In examining the ballots, the electoral officer or deputy electoral officer must reject any ballots that:

 

1. do not contain the initials of the electoral officer or deputy electoral officer;

 

2. do not give a clear indication of the elector’s intention;

 

3. contain more votes than there are candidates to be elected; or

 

4. contain a mark by which the voter can be identified.

 

184. The electoral officer or deputy electoral officer shall note on each ballot rejected the reason for rejection.

 

185. Subject to review on recount or on an election appeal, the electoral officer or deputy electoral officer shall take a note of any objections made by any candidate or his agent to any of the ballots found in the ballot box and decide any questions arising out of the objection.

 

186. The electoral officer or deputy electoral officer shall number objections to ballots raised pursuant to section 185 and place a corresponding number on the back of the ballot with the word “allowed” or “disallowed”, as the case may be, with his initials.

 

Other Polling Stations

 

187. Immediately upon completion of the counting of the ballots pursuant to sections 178 through 186 at a polling station other than that considered the principal polling station managed by the electoral officer, the deputy electoral officer shall transmit the results to the electoral officer.

 

Tie

 

188. If it is not possible to determine the successful candidate(s) for either a chief or councillor position due to an equal number of votes being cast (i.e., tie vote), the electoral officer shall establish a time for the conduct of a recount and publicly announce this time in the presence of all those present in the polling station.

 

189. A recount conducted pursuant to section 188 must take place within 24 hours of the announcement by the electoral officer made pursuant to section 188, in the presence the candidates and their agents who wish to attend.

 

190. At the time established pursuant to section 188, the electoral officer shall conduct a recount of the valid ballots.

 

191. If the recount fails to determine a successful candidate, the electoral officer shall cast ballots in order to break the tie. The electoral officer shall place the names of the candidates having the same number of votes on a paper and place each in a receptacle. Without looking, he shall draw as many papers as there are positions available. The candidate(s) whose name(s) appear on the pieces of paper the electoral officer has drawn from the receptacle shall constitute the candidate(s) for whom the electoral officer shall cast a vote.

 

 

PART 13 – POST-ELECTION PROCEDURES

 

Announcement

 

192. After completing the counting of the votes and establishing the successful candidates, the electoral officer shall declare to be elected the candidates or candidates having the highest number of votes.

 

193. Following the declaration of elected candidates made pursuant to section 192, the electoral officer shall complete and sign an election report which shall contain:

 

1. the names of all candidates;

 

2. the number of ballots cast for each; and

 

3. the number of rejected ballots.

 

194. Within 4 days after completion of the counting of the votes, the electoral officer shall:

 

1. sign and post, in at least one conspicuous place on the reserve, the election report prepared in accordance with section 193;

 

2. mail a copy of the election report to every elector of the band who does not reside on the reserve; and

 

3. forward a copy of the election report to the band administrator.

 

Retention of Ballots and Other Election Material

 

195. The electoral officer shall deposit all ballot papers in sealed envelopes, including those rejected, spoiled and unused, and shall retain these ballots and all materials in connection with the election.

 

196. All ballots and materials retained in accordance with section 195 shall be retained for 45 days from the date on which the election was held or until a decision on an appeal is rendered, whichever date is later, after which time the electoral officer may, unless directed otherwise by the council, destroy them in the presence of two witnesses who shall make a declaration that they witnessed the destruction of those papers.

 

Chief and Councillor Oath of Office

 

197. A candidate who has been elected chief or councillor shall, within 10 days of the electoral officer’s declaration under section 192, sign an oath of office, which oath will include solemnly promising and declaring that he or she will:

 

1. uphold and comply with this code, the Code of Ethics and all laws of the community;

 

2. fulfill the duties and responsibilities of his office under this code, the Code of Ethics and all laws of the community;

 

3. carry out his duties faithfully, honestly, impartially and to the best of his abilities;

 

4. keep confidential, both during and after his term of office, any matter or information which, under this code, the laws of the community or policy, is considered confidential; and

 

5. always act in the best interests of the community in carrying out his duties.

 

198. Where a candidate elected as chief or councillor cannot, due to illness or other valid reason, swear the oath of office within the time prescribed in section 197, he or an elector acting on his behalf may file a petition with the electoral officer for an extension of the time to swear the oath of office.

 

199. The electoral officer receiving a petition under section 198 shall determine whether the circumstances justify an extension and shall provide the candidate making the request written notice of the decision, and where applicable, the extension period.

 

200. No person elected as chief or councillor shall be permitted to assume office until they have sworn and filed with the electoral officer the oath of office required under section 197.

 

201. Subject to section 199, if a person elected as chief or councillor fails to file the sworn oath of office with the electoral officer on or before the specified time period, the electoral officer shall declare the office vacant.

 

202. The electoral officer shall give notice in writing to the elected candidate whose office is declared vacant under section 201 and to the elected chief and council.

 

203. Unless the vacancy occurring under section 201 results in a situation where the band council can no longer form a quorum, the position shall remain vacant until such time as a by-election is called by council.

 

 

PART 14 – COMPLAINTS AND APPEAL BOARD

 

Composition

 

204. The Complaints and Appeal Board shall be composed of three individuals that:

 

1. are at least 18 years of age;

 

2. have experience and/or training in the conduct of elections and complaint and appeal processes; and

 

3. possess an understanding of the principles of natural justice.

 

205. At least 60 days before the date on which the election is to be held, the band council shall, by band council resolution:

 

1. select the members of the Complaints and Appeal Board in accordance with section 204; and

 

2. draw a list of 5 additional potential members who meet the criteria set out in section 204.

 

For greater certainty, members or potential members of the Complaints and Appeal Board need not be members of the Chemainus First Nation.

 

206. The term of office of the Complaints and Appeal Board shall be from its appointment under section 205 until the day on which the council selects another Complaints and Appeal Board in accordance with this code.

 

207. At the time of the appointment of the Complaints and Appeal Board under section 205, and each year thereafter until a new Complaints and Appeal Board is established, Council may establish honoraria for members of the Complaints and Appeal Board. Complaints and Appeal Board members are entitled to reimbursement of expenses reasonably incurred in carrying out their functions under this Code.

 

208. Upon receipt of an election appeal in accordance with section 212, any Complaints and Appeal Board member who is an immediate family member of any appellant or candidate, or who may be reasonably apprehended to have a bias or conflict in connection with the appeal, shall excuse themselves from the board.

 

209. The remaining members of the Complaints and Appeal Board will select additional members as required to attain three from the list of potential members drawn by the band council in accordance with subsection 205(b).

 

210. Each member of the Complaints and Appeal Board shall execute an oath of office and accept his appointment by forwarding a letter of acceptance to the council.

 

Functions

 

211. The Complaints and Appeal Board shall supervise and administer, in accordance with the provisions of this code:

 

1. all election appeals; and

 

2. petitions and appeals for the removal of a council member from office pursuant to section 48(b), 55, or 56.

 

 

Submission

 

212. An appeal submitted to the Complaints and Appeal Board must:

 

1. be in writing and set out in an affidavit sworn before a notary public or duly appointed commissioner for taking oaths the facts substantiating the grounds for the appeal accompanied by any supporting documentation; and

 

2. be accompanied by a non-refundable deposit in the amount of ($50);

 

3. be delivered in person or by registered mail to the Chemainus First Nation Administrator, 12611-A Trans Canada Highway, Ladysmith, B.C. V9G 1M5, and

 

4. in the case of an appeal submitted pursuant to section 55 or 56, be accompanied by:

 

1. a copy of Council’s written notice of decision; and

 

2. security for costs in the amount of $1000, such security to be in the form of certified cheque or bank draft and deposited with the Chemainus First Nation Administrator.

 

Authority to order costs

 

213. The Complaints and Appeal Board may in its discretion order by whom, to whom, and in what manner costs of the appeal or petition shall be paid. If security for costs has been deposited in accordance with this Code, the Complaints and Appeal Board shall make disposition of the security for costs in accordance with its order.

PART 15 – ELECTION APPEALS

 

Timing

 

214. In the case of election appeals, a candidate or an elector may, within 30 days from the date on which the election was held, submit a written appeal to the Complaints and Appeal Board according to the procedure set out in section 212.

 

Grounds for Appeals

 

215. An appeal submitted pursuant to section 212 must sufficiently outline one or more of the following:

 

1. that the person declared elected was not qualified to be a candidate;

 

2. that there was a violation of this code in the conduct of the election that might have affected the result of the election; or

 

3. that there was corrupt or fraudulent practice in relation to the election.

 

 

Procedure

 

216. Upon receipt of an election appeal, the Complaints and Appeal Board shall:

 

1. in the case where the appeal is submitted in accordance with section 212, forward a copy together with supporting documents by registered mail to the electoral officer and to each candidate at the election; or

 

2. in the case where the appeal is not submitted in accordance with section 212, inform the appellant(s) in writing that the appeal will not receive further consideration.

 

Response to the Allegations

 

217. Any candidate or the electoral officer may, within 14 days of the receipt of the appeal(s), forward to the Complaints and Appeal Board in person by delivering it to the Chemainus First Nation Administrator, or by registered mail, a written response to the appeal allegations, together with any supporting documentation.

 

Investigation

 

218. The Complaints and Appeal Board 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 the board deems necessary.

 

Decision

 

219. After a review of all of the evidence that it has received, the Complaints and Appeal Board shall rule:

 

1. that the evidence presented was not sufficiently substantive to determine that:

 

1. a violation of this code has taken place that might have affected the result of the election;

 

2. the person declared elected was not qualified to be a candidate; or

 

3. there was a corrupt or fraudulent practice in relation to the election that might have affected its results,

 

and dismiss the appeal; or

 

2. that all evidence and information gathered allows for the reasonable conclusion that:

 

1. a violation of this code has taken place that might have affected the result of the election;

 

2. the person declared elected was not qualified to be a candidate; or

 

3. there was a corrupt or fraudulent practice in relation to the election that might have affected its results,

 

and uphold the appeal by setting aside the election of one or more council members.

 

220. The decision of the Complaints and Appeal Board made pursuant to section 219 shall be:

 

1. published in the community’s newsletter, which is mailed to band members, or in a separate written notice delivered or mailed to all band members; and

 

2. posted in at least one conspicuous place on the reserve.

 

 

221. The decision of the Complaints and Appeal Board is final and not subject to appeal.

 

 

 

 

PART 16 – AMENDMENTS

 

222. The process for development and passage of amendments to this code may be initiated by:

 

1. a petition presented to council, signed by at least 20% of all eligible electors and setting out the specific area in this code proposed for amendment; or

 

2. a band council resolution.

 

223. Upon receipt of an amendment proposal in accordance with section 222(a), or on passing a band council resolution in accordance with section 222(b), council shall prepare a notice that sets out:

 

1. a summary of the proposed amendments to this code;

 

2. a statement that the full copy of the proposed amendments can be obtained at the band administration office; and

 

3. a description of the amendment process.

 

224. Within three working days of the publication of the notice provided for in section 223, the notice shall be:

 

1. mailed or emailed to all electors who are not ordinarily resident on the reserve; and

 

2. posted in at least three conspicuous places on the reserve.

 

225. Electors may, within 45 days of publication of the notice outlined in section 223, provide written comments in person or by registered mail to the Chemainus First Nation Administration Office concerning the proposed amendments . Written comments must include:

 

1. The name, address, and signature of the elector;

 

2. The specific paragraph number of the proposed amendment on which the elector wishes to comment;

 

3. if applicable, reasons why the elector disagrees with the proposed amendment, and suggested wording which may remedy the problem; and

 

4. a statement of whether or not the elector believes the issue is so important that the amendment should go to a full referendum of the electors.

 

226. Written comments received in person after the expiry of the 45-day comment period, or if sent by registered mail, postmarked after the expiry of the 45-day comment period will not be considered.

 

227. Following receipt of comments concerning the proposed amendments pursuant to section 225, the council shall review the comments and make such changes to the proposed amendments as they deem necessary in order to arrive at a final amendment proposal.

 

228. If no written comments are received pursuant to s. 225(d) in which an elector requests a referendum, then Council may, after making such changes as they deem necessary pursuant to s. 227, adopt the finalized amendments by Band Council Resolution.

 

229. If at least one written comment is received in which an elector requests a referendum further to section 225(d), above, then the council shall submit the final amendment proposal to a referendum to be conducted in accordance with the general procedures provided in this code for the conduct of elections.

 

230. Should the majority of the votes cast at a referendum be in favour of the proposed amendments being brought to the code, council shall amend the code accordingly, and adopt the finalized amendments by Band Council Resolution.

 

231. Amendments to the election code shall take effect 60 days from the date of the Band Council resolution passed pursuant to s. 228 or 230 adopting the finalized amendments.