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The purpose of this enactment is to ensure that elections under the
Indian Act are free and fair, that the principles of the Canada Elections
Act are followed, as well as secrecy of voting. It also provides for the
supervision of elections of Indian band and first nations chiefs and
councils by officials from the Office of the Chief Electoral Officer. The
officials report to the Chief Electoral Officer on the propriety of each
election.
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In addition to providing advice, the elections supervisor may receive
and investigate complaints of improper election procedures or
practices. Their findings on complaints are included in the report to the
Chief Electoral Officer.
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If the Chief Electoral Officer is of the opinion that the election was
not free and fair and conducted substantially in accordance with the law,
this must be reported to the Minister, who must immediately lay the
report before Parliament. The report is then automatically referred to the
appropriate standing committee of the House of Commons.
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There is a requirement for a special report by the Chief Electoral
Officer on the first 5 years with respect to the general operation of the
supervision process under the Act and on the elections supervised
during the period.
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The provision for supervision expires after 10 years.
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