CEGA-KIN NAKODA OYATE
CUSTOM ELECTION ACT
TABLE OF CONTENTS
SECTION 1 - SHORT TITLE
SECTION 2 - PURPOSE OF THIS ACT
SECTION 3 - INTERPRETATION
SECTION 4 - DEFINITIONS
SECTION 5 - COMPOSITION OF THE CARRY THE KETTLE FIRST NATION CHIEF AND COUNCIL
SECTION 6 - TERM OF OFFICE
SECTION 7 - ELIGIBILITY
SECTION 8 - APPOINTMENT OF ELECTORAL OFFICER
SECTION 9 - NOMINATION
SECTION 10 - VOTING PROCEDURES
SECTION 11 - ELECTION TABULATION PROCEDURES
SECTION 12 - APPEALS
SECTION 13 - ASSUMPTION OF OFFICE
SECTION 14 - VACANCIES OF CHIEF AND COUNCIL POSITIONS
SECTION 15 - BY-ELECTION
SECTION 16 - DISCONTINUATION OF AUTHORITY
SECTION 17 - AMENDMENTS
SECTION 18 - COMING INTO FORCE
SECTION 19 – REMOVAL OF CHIEF AND/OR COUNCIL MEMBERS FROM OFFICE
SECTION 20 – SUSPENSION FROM OFFICE
SECTION 21 – OBSTRUCTION OF ELECTIONS
SECTION 22 – CONTESTED ELECTIONS
SECTION23 - CONFIDENTIALITY
SECTION 24 – MEETINGS OF THE CHIEF AND COUNCIL
SCHEDULES
A. Electoral Officer Oath of Office
B. Deputy Electoral Officer Oath of Office
C. Notice of Nomination Meeting
D. Voters List
E. Affidavit of Candidate for Chief
F. Affidavit of Candidate for Band Councillor
G. Notice of withdrawal of Nomination
H. Electoral Officer’s Nomination Meeting Report
I. Notice of Election
J. Notice of Candidate’s Appointed Observer
K. Elector’s Sign-in Sheet
L. Electoral Officer’s Tabulation Report
M. Electoral Officer’s Report
N. Oath of Election and Appeal Tribunal Member
O. Chief Oath of Office
P. Band Councillor Oath of Office
Q. Acting Chief Oath of Office
R. Electoral Officer's Mail-out Ballot sheet
SECTION 1 -SHORT TITLE
1 This Act may be cited as The Cega-Kin NakodaOyate Custom Election Act
SECTION 2 -PURPOSE OF THIS ACT
2(1) The purpose of the Cega-Kin NakodaOyate Custom Election Act is toset outthe rules, procedures, and responsibilities governing the Election of Carry the Kettle Chief and Council.
(2) This Cega-Kin NakodaOyateCustom Election Act shall apply to the Carry the Kettle Chief, Council and Membership.
SECTION 3 –INTERPRETATION
3(1) Cega-Kin NakodaOyatetraditional laws and customs must be understood to refer to the body of NakodaOyate law and customs acknowledged and observed in the context of land and its connection to the people.
(2) Cega-Kin NakodaOyatetraditional laws and customs must be understood to acknowledgethat such laws remain identifiable through time, regardless of whether there is a change in those laws or in the manner in which they are acknowledged and observed.
(3) The following general provisions shall assist in the interpretation of this Act:
(a) Words used imparting the singular only shall include the plural and vice versa, and words imparting the use of any gender shall include all genders.
(b) References in this Act shall be deemed to be references that are applicable to this Act and may be varied, amended, modified, supplemented or replaced from time to time.
(c) The schedules referenced in, and attached to, this Act shall be deemed to be incorporated into and form part of this Act.
(4) The objectives below demonstrate the foundations of interpretation regarding the Cega-Kin NakodaOyateCustom Election Act:
(a) to promote the protection and implementation of Carry the Kettle Inherent Rights, Treaty Rights, Constitutional Rights and International Rights
(b) to promote consultation with other First Nations on issues of mutual concern regarding First Nations election processes and collaborative approaches
(c) to determine action plans for resolution of issues relating to Carry the Kettle elections
(d) to create a structured pathway to develop and ratify election policy documents
(e) toinitiate the development and ratificationof First Nation legislative processes regarding Carry the Kettle elections;
(f) to nurture the continuous existence and vitalityof Nakoda traditional laws and customs through a system that continues to acknowledge the unceasing and unbroken relationships associated with concepts of order from historical and contemporary contexts.
SECTION 4 - DEFINITIONS
4 (1) In this Act, and the attached Schedules, the following terms shall have the meaning ascribed them:
(a) Act– means the Cega-Kin NakodaOyate Custom Election Act.
(b) Acting Chief– means someone appointed under this act and pertaining to section 12.
(c) Appointed Observer-means any person designated in writing by a candidate to observe (scrutinize) on their behalf the electoral process regarding an election or by-electionpursuant to the provisions of subsection 8(11).
(d) Board - means a board within the meaning of the Carry the Kettle Act which creates it;
(e) Board Member - means a member of a board;
(f) Business day - means a day other than a Saturday, Sunday or holiday;
(g) By-election - means an election held to fill a vacancy in the office of the Carry the Kettle Chief or Councillor on a day and manner identified pursuant to section 13 of this Cega-Kin NakodaOyate Election Act;
(h) Candidate - means a person who is eighteen (18) years of age, or older, as of the date of the nomination meeting and is eligible to be nominated in the election process for Chief or Councillor positions pursuant to the provisions of this act.
(i) Carry the Kettle Membership List - means the membership list under the Carry the Kettle Membership Code.
(j) Carry the Kettle First Nation Member - a person whose name appears on the membership list under the Carry the Kettle Membership Code.
(k)Cega-Kin Nakoda Oyate -means theCarry the Kettle First Nation.
(l) Cega-Kin NakodaOyateTribunal- means persons selected to oversee Cega-Kin NakodaOyate elections and Chief and Council adherence to the provisions of this Act.
(m) Cega-Kin NakodaOyateCustom – means the inherent right to enhance a process for strengthening customary lawand enabling Cega-Kin NakodaOyateleadershipto adapt a custom based,structured process for the election of leaders that was, and is, broadly acceptable to members of the Cega-Kin NakodaOyate.
(n) Cega-Kin NakodaOyate customary law- means Cega-Kin NakodaOyate inherent rights related to;
(i) thedevelopment of, use of and access to natural resources;
(ii) therights and obligations relating to land;
(iii) inheritance and property;
(iv) themaintenance of Cega-Kin NakodaOyatecultural heritage and knowledge systems;
(v) Cega-Kin NakodaOyateleadership identification and activation through NakodaOyateelections;
(vi) Cega-Kin NakodaOyatemembership
(vii) allmatters related to Cega-Kin NakodaOyategovernanceprocess and structure by which Council directs and manages the business of the First Nation;
(viii) Cega-Kin NakodaOyaterelationships with other jurisdictions,
(ix) matters related to Cega-Kin NakodaOyateprogramming and development
(x) authority over the form, or representation of, Cega-Kin NakodaOyate cultural expressions, and the context, and content, of knowledge, legal and cultural contexts that helps define them as distinctively traditional to Cega-Kin NakodaOyate.
(xi) Other matters that arise in the process of Cega-Kin NakodaOyategovernance.
(o) Cega-Kin NakodaOyate Tribunal Chairperson - means the person appointed by Carry The Kettle Resolutionfor the position of Tribunal Chairman pursuant to this Act.
(p) Cega-Kin NakodaOyate Constitution- means the body of fundamental principles and rules that guide the governance of the Carry the Kettle First Nation.
(q) Chief - means the person elected as Chief in accordance with the "Carry the Kettle Custom Election Act and Regulations”.
(r) Council – means the eight (8) Council members of the Carry the Kettle First Nation elected pursuant to the provisions of this Act.
(s) Court - means a court of competent jurisdiction;
(s1) Deputy Chief Electoral Officer – means a person appointed to assist the Chief Electoral Officer with the duties of that office.
(t) Elector – means any person who:
(i) is at least the age of eighteen (18) years as of the date of the election or by-election.
(ii) is registered on the membership list of the Cega-Kin NakodaOyate with exceptions as identified in subsection 7(1).
(iii) is eligible to vote in a Carry the Kettle electionfor Chief and Councillors.
(u) Electoral Officer - means the person appointed in accordance with a Carry the Kettle Resolution(BCR) that authorizes that person to conduct, oversee and supervise the nomination and the election of candidates pursuant to the provisions of this Act. (Section 6)
(v) Election – means a general election held pursuant to this act for the purpose of electing the Chief and Council of the Cega-Kin NakodaOyate.
(w) Election day- means:
(i) in the case of a general election, a date set pursuant to this Act;
(ii) in the case of a by-election, a date set pursuant to this Act;
(ii) in the case of a vote, with respect to a bylaw, resolution or question, a date set pursuant to this Act;
(x) Misconduct – meansparticipation inanunacceptable, unethical, or illegal activity. This includes:
(i) dereliction of, and in, duty, where the Chief or Councillorwillfully, deliberatelyandconsciously neglects or refuses to perform his/herdutiesor has incapacitated him/herself in such a way that she or he cannot perform his/herduties.
(y) Nominator – means any elector who nominates or seconds the nomination of any candidate pursuant to the provisions of this Act.
(z) Polling Station– means on Reserve location selected for the purpose of voting.
(z1) Advance Polling Station - means the urban location selected for the purpose of voting.
SECTION 5- COMPOSITION OF THE CARRY THE KETTLE FIRST NATION CHIEF AND COUNCIL
3 (1) The Chief and Council of the Carry the Kettle First Nation shall consist of the following:
(a) One (1) Chief
(b) Eight (8) First Nation Councillors from the Carry the Kettle First Nation;
(2) AQuorum for any meeting of the Carry the Kettle Chief and Council shall require five (5) members to be personally present at a duly convened meeting, or, if necessary, for a member(s) who is/are absent from the meeting to attend the meeting by telephone or other communication procedure which permits communication with all members of the Council at the meeting shall be documented in the minutes.
(3) Questions, motions, or resolutions arising at any meeting of the Carry the Kettle Chief and Council shall be determined through majority vote by a quorum of members present.
SECTION 6- TERM OF OFFICE
4(1) Subject to the provisions of subsection 4(2), the term of office for a Chief and Council elected pursuant to the provisions of the Cega-Kin NakodaOyateCustom Election Actshall be a Four (4) year term.
(2) Elections for the Chief and Council of Carry the Kettle First Nationshall be held no later than Four (4) years following the date of previous election.
SECTION 7- ELIGIBILITY
5(1) For the purpose of this Act:
(a) ACarry the Kettle First Nation member shall be eligible to vote, regardless of their place of residence, in any Cega-Kin NakodaOyateelection or by-election held pursuant to the provisions of this Act;
(b) ACarry the Kettle First Nation member may run as a candidate in any Cega-Kin NakodaOyateelection or by-election for the position of Chief or Council regardless of their place of residence.
(c) Notwithstanding the foregoing:
(i) No Carry the Kettle member, or any person, shall hold the position of Chief or Councillor at the same time;
(ii) No Carry the Kettle member, or any person, shall run for more than one (1) position in any Cega-Kin NakodaOyateelection or by-election; or
(iii) No Carry the Kettle member, or any person, shall hold more than one (1) position on Council following a Cega-Kin NakodaOyate election or by-election;
(iv) NoCarry the Kettle member, or any person, shall be entitled to run as a candidate in any Cega-Kin NakodaOyateelection or by-election if he or she has been convicted of an indictable offence under the Criminal Code of Canada within a five (5) year period preceding the date of the nomination meeting.
(v) No Elector shall be entitled to run as a candidate in any Cega-Kin NakodaOyateelection or by-election if he or she has been indicted for an offence under Canada's federaldrug controlstatute, theControlled Drugs and Substance Act, 1996, involving the importation, trafficking or possession of a prohibited or controlled substance covered by any of the Acts mentioned above;
(i) The Controlled Drugs and Substance Act, 1996, repeals the NarcoticControl Actand Parts III and IV of the Food andDrug Actand establishes eight Schedules ofcontrolled substances.
SECTION 8- APPOINTMENT OF ELECTORAL OFFICER
6(1) ACarry the Kettle Resolution(BCR) authorizing the appointment of an electoral officer, shall be written and posted at Carry the Kettle communication venues and submitted to the appropriate services no less than 65 days before the expiration of the current Chief and Councillors terms of office.
(2) The Carry the Kettle Resolutionappointing the Electoral Officer in subsection (1) shall contain the following:
(a) The full name, and address of the Electoral Officer;
(b) The Electoral Officer’s certificate of training
(c) The date of election;
(d) The nomination meeting date;
(e) The Advance and Reserve polls for the upcoming election or by-election;
(f) The remuneration to be paid to the Electoral Officer.
(g) The process and procedure for holding and abiding by the rules and regulations established in this Act;
(h) List of eligible voters.
(3) An Electoral Officer appointed by the Carry the Kettle Chief and Council pursuant to the provisions of subsection (2) shall be ineligible to occupy the positions of candidate or Appointed Observer during any election or by-election.
(4) The following persons shall be ineligible for appointment to the position of Electoral Officer:
(a) Any person occupying an elected position on the Carry the Kettle Chief and Council at the time of appointment of the Electoral and Deputy Electoral Offices;
(b) Any person occupying the position of Trustee of the Carry the Kettle Treaty Land Entitlement (T.L.E.) Trust at the time of appointment of the Electoral Officer unless the Trustee resigns from his/her position prior to the nomination day;
(5) An Electoral Officer appointed by the Carry the Kettle Chief and Council pursuant to subsection (1) shall be required to complete the form prescribed in schedule “A”, an Oath of Office, within five (5) days following this appointment.
(6) In the event that the Electoral Officer cannot fulfill his/her dutiesa certified Deputy Electoral officer shall be appointed by Carry the Kettle Chief and Council to undertake the duties of the Electoral Officer.
(7) The Carry the Kettle Chief and Council may remove or replace any Electoral Officer who fails to comply with the duties of the Electoral Officer.
(8) The term of Office of the Electoral Officer shall run from the date of the appointment to Thirty (30) days after:
(a) the expiration of the election or by-election; or
(b) the end of any appeal proceeding filed with the Cega-Kin Nakoda Oyate Tribunalpursuant to the provisions of this Act.
(9) Not less than fifteen (15) days prior to the date of nomination meeting, the Electoral Officer shall prepare and post, in the form prescribed in schedule “B”, a notice of the Nomination Meeting of the electors for the purpose of nominating candidates for the election or by-election. The notice shall be posted:
(a) In one (1) or more conspicuous places located on and off the reserve as determined by the Electoral Officer; and
(b) In the Carry the Kettle Website, or social media internet site.
(10) Each notice posted pursuant to subsection (9) above shall contain information relating to the date, time and place of the nomination meeting along with the position or positions open for the election.
(a) In addition, each notice pursuant to subsection (9) (a) shall have attached to it a copy of this Act.
(b) In the case of notices placed in any official website pursuant to subsection (9) (b) the notice shall contain the address of the Electoral Officer along with a statement indicating that a copy of the Act may be made available to any member of Carry the Kettle who is eighteen (18) years of age and older upon request.
(11) Immediately following his/her appointment, the Electoral Officer shallprepare the form attached as schedule “C” to develop a voters list containing, in alphabetical order, the names of all electors entitled to vote in the upcoming election or by-election.
(12) The Electoral Officer shall post within fifteen (15) days prior to the election or by-election a copy of the voters lists in one (1) or more conspicuous places located on and off Carry the Kettle as determined by the Electoral Officer. Further, a copy of the voters list shall be provided to all candidates upon posting.
(13) All Ballot boxes shall be tamper proof and secure.
(14) The onus shall be on each individual elector to ensure that their name is properly registered on the voters list according to the Carry the Kettle Membership list.
(15) The Electoral Officer shall establish and maintain an election record containing:
a) Original copies of all documents pertaining to the election or by-election as required to be completed pursuant to the provisions of this Act;
b) The official voters list as used in the election or by-election, along with the tabulated results of the election or by-election, and
c) A copy of the Electoral Officer’s report as prepared pursuant to Section 6 and Schedule “K” of this act.
d) a schedule of candidate’s feesidentified in Schedule O.
SECTION 9- NOMINATION
7(1) The Electoral Officer shall arrange,conduct, oversee and supervise the nomination meeting.
(2) At the time and place specified in the notice of Carry the Kettle Nomination Meeting, the Electoral Officer shall declare the meeting open for the purpose of receiving nominations.
(a) Any Carry the Kettle elector may move or second the nomination of aCarry the Kettle member who is eligible under the provisions of this Act to seek nomination for the position of Chief or Councillor.
(3) Prior to the closing of nominations, the Electoral Officer shall require each candidate seeking nomination for the position of Chief or Councillor to complete the form attached as schedule "D" and schedule "E"verifying that the candidate meets the eligibility criteria established pursuant to this Act for the position he or she is seeking.
(a) Failure by any candidate to comply with the provisions of this subsection (3) shall result in the Electoral Officer removingthe candidate’s name, from the list of candidates been nominated for the position of Chief and Council.
(4) In order to be eligible for nomination, a candidate:
(a Must pay the prescribed non-refundable fee upon acceptance of the nomination to the Electoral Officer as provided pursuant to the provisions of this Act.
(b Must complete schedule "D" and schedule "E" the acceptance form, attesting to their eligibility as required pursuant to the provisions of subsection (3).
(5) Any candidate that has been nominated pursuant to the provisions of this Act may withdraw from the election or by-election at any time up to forty-eight (48) hours after the nomination in accordance with schedule "G".