First Nations Elections Act

This Act sets out a different set of rules for reserve elections. A First Nation Council can pass a resolution to use this Act instead of the Indian Act. The Chief and councillors usually consult with community members before doing that. Once the resolution is passed, the Minister of ISC makes an order that the Act applies.

The Minister also has the power to require a First Nation to use this Act if:

• there has been a long dispute over leadership that has seriously affected governing the reserve OR
• the First Nation’s election under the Indian Act was set aside because of corrupt practices

Elections are held every 4 years by secret ballot. Any member 18 or over can vote. Councillors and Chiefs are chosen by a majority vote.

Anyone who can vote (is a member and is over 18) and who is nominated can run. Anyone who can vote can nominate a candidate in writing or in person at a nomination meeting. Another person must second the nomination. A person cannot nominate more than one candidate for each position. The person must agree to be nominated and pay a fee if one is needed. No one can run for both Chief and council.

Recounts are needed if the candidate won by five votes or less. Anyone who could vote in the election can apply to court to set aside the election of a candidate or the whole election. An election or the election of a candidate can be set aside if the Act was not followed and this likely changed the outcome of the election. The Act prohibits things like vote buying or selling, voting more than once for the same candidate and intimidating people to get them to not run or to change who they nominate.

Councillors and Chiefs no longer hold office if:

• they resign or die
• they are convicted of a serious offence and sentenced to more than 30 days in jail
• they are convicted of an election offence
• the court sets aside their election after a challenge

The Minister of Indigenous Services Canada has no power to remove someone who has been elected.

A First Nation can opt out of these rules if they develop a Community Election Code. The code and the opting out must be passed by a majority vote of the members in a secret ballot. At least 50% of all members who could vote need to take part for the code and opting out to be approved. There is no other way to opt out of using the Act.