Bill C-431
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-431 |
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An Act to amend the Indian Act (election of
chiefs and councils)
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| L.R., ch. I-5;
L.R., ch. 27,
32 (1er
suppl.), ch. 27
(2e suppl.),
ch. 17, 43, 48
(4e suppl.);
1990, ch. 16,
17; 1992, ch.
1, 51; 1993,
ch. 28; 1996,
ch. 23; 1998,
ch. 30; 1999,
ch. 3
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1. Subsection 76(2) of the Indian Act is
replaced with the following:
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| Principles of
Canada
Elections Act
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(2) The regulations made under paragraph
(1)(c) shall provide for a free and fair election
process that follows the principles established
for the election of members of the House of
Commons by the Canada Elections Act,
including secrecy of voting.
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2. The Act is amended by adding the
following after section 78:
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| Election
supervisors
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78.1 (1) Every election held pursuant to
sections 74 to 78 shall be supervised by one or
more officials appointed by the Chief
Electoral Officer.
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| Right to
observe and
advise
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(2) A supervisor may attend and observe
every part of the election process including the
preparation of electoral lists, the nomination
of candidates, the custody of the ballot boxes
before the ballots are counted and the counting
of the ballots and may advise any person who
administers any part of the election process,
respecting the conduct of the election,
including as to whether a person should be
allowed to vote or should be refused a ballot.
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| Receiving
complaints
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(3) An supervisor may receive complaints
from electors or persons claiming to be
qualified to be electors respecting any part of
the election process, including the preparation
of the list of electors, and shall investigate
every complaint unless the supervisor deems
it to be trivial or vexatious and shall
summarize the complaint and the findings of
the investigation in the report made pursuant
to section 78.2.
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| Scrutiny of
documents
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(4) Every person who administers any part
of an election process under sections 74 to 78
shall allow the supervisor to see any document
or record that is a part of the election process.
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| Exception
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(5) Subsection (4) does not apply to a ballot
paper that has been marked by an elector
except in the process of counting ballots.
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| Speaking to
election
workers and
electors
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(6) No person shall impede a supervisor
from speaking with
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| Secrecy of
ballot
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(7) No supervisor shall ask an elector for
any information on how the elector has cast or
intends to cast a ballot.
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| Report to
Chief
Electoral
Officer
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78.2 Every election official shall, in
cooperation with other election officials at the
same election, submit a report to the Chief
Electoral Officer within seven days following
the polling day at the election, specifying any
evidence the official has as to whether or not
the election was free and fair and conducted
substantially in accordance with the law
applicable to it.
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| Report to
Minister
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78.3 (1) If the Chief Electoral Officer, is of
the opinion, based on the report provided
pursuant to section 78.2, that the election was
not free and fair and conducted substantially
in accordance with the law applicable to it, the
Chief Electoral Officer shall report the matter
to the Minister.
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| Report laid
before
Parliament
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(2) Forthwith on receiving the report
pursuant to subsection (1) the Minister shall
cause a copy of the report to be laid before
each House of Parliament.
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| Referral to
committee
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(3) The copy of the report laid before the
House of Commons is automatically referred
to the standing committee of the House
appointed to deal with aboriginal affairs for
consideration and report to the House.
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| Order by
Governor in
Council
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78.4 If the Minister is of the opinion, on the
basis of the report received from the Chief
Electoral Officer, that the election should be
voided, the Minister may so advise the
Governor in Council, and the Governor in
Council may order that the election be void
and that another election be held on a date
specified in the order.
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| Review after 5
years
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78.5 (1) No later than June 1, 2005, the
Chief Electoral Officer shall complete and
submit to the Minister a special report on the
the general operation of sections 78.1 to 78.3,
the elections supervised and the supervision
process up to December 31, 2004 and shall
include in the report recommendations on
whether sections 78.1 to 78.3 should be
amended or supplemented and whether they
might be repealed or altered in the scope of
their application.
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| Report laid
before
Parliament
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(2) Forthwith on receiving the report
pursuant to subsection (1) the Minister shall
cause a copy of the report to be laid before
each House of Parliament.
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| Referral to
committee
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(3) The copy of the report laid before the
House of Commons is automatically referred
to the standing committee of that House
appointed to deal with aboriginal affairs for
consideration and report to the House.
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| Expiry in 10
years
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78.5 Sections 78.1 to 78.4 expire on
December 31, 2009.
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