PURPOSE The purpose of these regulations is to serve as an interim measure of rules for the Electoral of a Band council pursuant to s. 74 of the Indian Act, R.S.C. 1985, c. I-5, as amended. The interim measures are to be effective until such time as the Snaw’naw’as First Nation has achieved self-government.
PREAMBLE WHEREAS the people of the Snaw’naw’as First Nation were created by our Creator, as a self-governing people and nation; and, WHEREAS the people of the Snaw’naw’as First Nation have existing aboriginal and treaty rights that are recognized and affirmed by section 35 of the Constitution Act, 1982; and, WHEREAS the Minister of Indian Affairs and Northern Development has the authority to repeal Order in Council P.C. 781 dated May 18, 1953, to the extent that it applies to the Snaw’naw’as First Nation. This order was made pursuant to section 74 (1) of the Indian Act, the effect of which was to bring the Snaw’naw’as First Nation into the Indian Act electoral system; and, WHEREAS the people of the Snaw’naw’as First Nation have written and ratified the Snaw’naw’as First Nation Electoral Code; BE IT THEREFORE REQUESTED that the Minister of Indian Affairs and Northern Development repeal Order in Council P.C. 781, to the extent that it applies to the Snaw’naw’as First Nation (previously known as the Nanaimo Indian Band), and recognize the effect of the new Snaw’naw’as First Nation Electoral Code.
OBJECT OF CODE The object of this Code is to define the electoral system of the Snaw’naw’as First Nation, including the electoral and political rights of Snaw’naw’as First Nation citizens, and the organization of the Snaw’naw’as First Nation government. In the event of judicial review, this Code should be interpreted so as to provide to the electors of the Snaw’naw’as First Nation the greatest opportunity to exercise their right to vote in Snaw’naw’as First Nation elections and referendums. INTERPRETATION Definitions In these regulations, unless the context otherwise requires: (1) “Address of Record” means the last address on file with the Snaw’naw’as First Nation Membership Coordinator. (2) "Advance Vote" means a vote by the Electors conducted according to this Code held seven (7) days prior to Election Day. (3) "Appeal Tribunal" means the body appointed in accordance with this Code. (4) "Band Member" means a person over the age of eighteen (18) years registered as a member of the Snaw’naw’as First Nations and a member of a Family. (5) "Chief" means the councillor elected to be Chair of the Band Council, pursuant to this Code to the Office of Chief of the Snaw’naw’as First Nation and who, in their capacity as an elected representative of the Snaw’naw’as First Nation citizenship, is the primary spokesperson of the Snaw’naw’as First Nation Council and the pre-eminent political leader of the Snaw’naw’as First Nation. (6) "Complaint and Appeal Board" means the body of persons appointed in accordance with this Code. (7) "Complaint Tribunal" means the body appointed in accordance with this Code. (8) “Council” means the entire body of individuals elected as Chief and Councilors in any election. (9) "Councilor" means a person that has been elected to the Office of Councilor of the Snaw’naw’as First Nation pursuant to this Code and who, in their capacity as an elected representative of the Snaw’naw’as First Nation citizenship, is one of the members of the Snaw’naw’as First Nation Council. (10) "Deputy Electoral Officer" means a person appointed by the Electoral Officer pursuant to this Code. (11) "Election Day" means the day that the Snaw’naw’as First Nation Council has declared through a Band Council Resolution as the date of an election to be held in accordance with this Code. This day will always fall on a Saturday and be within fourteen (14) days of the expiry of the relevant term of office. (12) "Elector" means a person who meets the criteria established under this Code. (13) "Electoral Officer" means the individual(s) appointed by the Snaw’naw’as First Nation Government pursuant to this Code. (14) "Family" means one of the defined groups of people as listed in Appendix "A" to these Regulations. (15) "Family Poll" means an election within the Family to determine eligibility for Electoral to the Council. (16) "Full General Election" means an election conducted pursuant to this Code. (17) “Snaw’naw’as First Nation Government” means the Chief and Council and administrative employees of Snaw’naw’as First Nation. (18) "Inaugural Election" means the first election conducted pursuant to this Code. (19) "Suw’en Sci’em" means a senior member elected by a Family of the Snaw’naw’as First Nation . (20) "Spokesperson" means a member of the Snaw’naw’as First Nation and a member of the Family and one who sits on the Council as Councillor and as Family Representative. (21) "Special Resolution" means a resolution passed by a majority of not less than three-quarters (3/4) of those members entitled to vote. (22) "Elder" means a member of the Snaw’naw’as First Nation who is respected by the members of the Snaw’naw’as First Nation for age, wisdom and knowledge of traditions of the Nanoose Peoples. (23) "Elder’s Senate" means a group of three (3) Elders appointed by the Council. (24) "ordinarily resident within the Snaw’naw’as First Nation Candidacy Area" Whether a person is "ordinarily resident" within the Snaw’naw’as First Nation Candidacy Area shall be determined by the facts in each case, and includes, but is not limited to consideration of:
(25) "Regular Election" means an election conducted pursuant to this Code. (26) "Regular Meeting" means a regular meeting of the Snaw’naw’as First Nation Council. (27) "Member" means a person who is registered on the Snaw’naw’as First Nation Membership List. In the event that the Snaw’naw’as First Nation enacts a new membership codethrough section 10 ofthe Indian Act the new membership code will determine who a Snaw’naw’as First Nation member is for the purposes of this Code. (28) " Snaw’naw’as First Nation Candidacy Area" means the Snaw’naw’as First Nation Candidacy Area as defined by the map attached as Appendix B. (29) "Special Election" means an election conducted pursuant to this Code. (30) "Special Meeting" means a Special Meeting of the Snaw’naw’as First Nation Council. (31) Where there is a reference to a number of days between two events, in calculating that number of days the day on which the first event happens is excluded and the day on which the second event happens is included. (32) Words in the singular include the plural and words in the plural include the singular
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