HORNEPAYNE FIRST NATION
CUSTOM ELECTION CODE
Community Development Copy
DRAFT v4
DRAFT
Table of Contents
1.0 PREAMBLE ..................................................................................................................................... 1
2.0 SHORT TITLE ................................................................................................................................. 1
3.0 PURPOSE ......................................................................................................................................... 1
4.0 COMING INTO FORCE .................................................................................................................. 1
5.0 DEFINITIONS.................................................................................................................................. 2
6.0 CODE OF ETHICS........................................................................................................................... 5
Upholding an Election Code of Ethics ..................................................................................... 5
Prohibited Election Procedures ................................................................................................ 5
7.0 COUNCIL......................................................................................................................................... 7
Composition ............................................................................................................................. 7
Term of Office.......................................................................................................................... 7
8.0 CALLING AN ELECTION.............................................................................................................. 7
General Election ....................................................................................................................... 7
By-Election............................................................................................................................... 8
9.0 ELECTION OFFICIALS.................................................................................................................. 9
Electoral Officer ....................................................................................................................... 9
Deputy Electoral Officer ........................................................................................................ 10
Complaints and Appeal Board................................................................................................ 10
10.0 ELECTORS .................................................................................................................................... 11
Eligibility to Vote................................................................................................................... 11
Electors’ List .......................................................................................................................... 12
11.0 NOMINATION PROCEDURES.................................................................................................... 13
Notice of Nomination Meeting............................................................................................... 13
Eligibility for Nominees......................................................................................................... 14
Residency Requirements ........................................................................................................ 15
Criteria for Making a Nomination.......................................................................................... 15
Nomination Meeting............................................................................................................... 16
Acclamation............................................................................................................................ 16
Acceptance of Nomination..................................................................................................... 16
Nomination Protest................................................................................................................. 17
12.0 NOTICE OF ELECTION ............................................................................................................... 17
Relocation of Polling Station.................................................................................................. 18
DRAFT
13.0 CANDIDATES’ PUBLIC FORUM ............................................................................................... 18
Mandatory Public Forum........................................................................................................ 18
Nomination Paper and Fee ..................................................................................................... 19
Candidate Supporting Documentation ................................................................................... 19
Withdrawal of Candidacy....................................................................................................... 20
14.0 VOTING PROCEDURES .............................................................................................................. 21
14.1 Ballot Preparation ....................................................................................................... 21
14.2 Mail-In Ballots and Voting Electronically.................................................................. 21
14.3 Procedures for Mail-in Ballots.................................................................................... 22
14.4 Procedures for Electronic Ballots................................................................................ 23
14.5 The Poll ....................................................................................................................... 25
14.6 In-Person Voting ......................................................................................................... 26
14.7 Secrecy of Voting........................................................................................................ 27
14.8 Close of Poll and Counting of Ballots......................................................................... 27
14.9 Disposition of Ballot Papers and Documentation ....................................................... 28
15.0 APPEALS ....................................................................................................................................... 29
Appeal Procedures.................................................................................................................. 29
Appeal Hearing....................................................................................................................... 31
16.0 VACANCY, SUSPENSION, OR REMOVAL FROM OFFICE ................................................... 32
Vacancy in Office................................................................................................................... 32
Suspension or Removal from Office ...................................................................................... 33
Discipline Hearing.................................................................................................................. 34
Mandatory Removal from Office ........................................................................................... 35
17.0 OFFENCES..................................................................................................................................... 35
18.0 UNENFORCEABLE PROVISIONS.............................................................................................. 35
19.0 AMENDMENTS ............................................................................................................................ 36
20.0 REVIEW ......................................................................................................................................... 36
21.0 TIMEFRAME ................................................................................................................................. 37
Schedule 1: Oath of Office.............................................................................................. ..39
Schedule 2: Oath of Office of Electoral Officer/Deputy Electoral Officer....................... 41
Schedule 3: Nomination Paper for the Position of Chief .................................................. 42
Schedule 4: Nomination Paper for the Position of Councillor.......................................... 43
Schedule 5: Notice of Election and Request for Nominations.......................................... 44
Schedule 6: Nomination Protest ........................................................................................ 45
Schedule 7: Authorization of Scrutineer ........................................................................... 46
Schedule 8: Elector Declaration Form .............................................................................. 47
Schedule 9: Appeal Notice ................................................................................................ 48
DRAFT
HORNEPAYNE FIRST NATION
CUSTOM ELECTION CODE
1.0 PREAMBLE
1.1 Hornepayne First Nation is a Sovereign Nation inhabiting and harvesting the Homelands,
the Nagagamisis & Morrison River area, which is the Unceded Traditional Territory of the
Hornepayne First Nation in the Algoma District in the Province of Ontario, Canada.
1.2 By way of Band custom and incorporating the ways of western democracies in the evolving
Nation of today, Hornepayne First Nation has the inherent authority to adopt the procedures
and protocols by which eligible Members of Hornepayne First Nation may elect their
leaders, and by which such elected leaders shall conduct themselves accordingly.
1.3 This Custom Election Code guides the democratic process of electing a Chief and Council
of Hornepayne First Nation by interweaving the western process in harmony with the laws,
traditions, culture, and language of Hornepayne First Nation as discussed with the Elders
and approved by a vote of the eligible Members on the _____ day of ____________ 2022.
2.0 SHORT TITLE
2.1 This Custom Election Code may be cited as the “Hornepayne First Nation Custom Election
Code” (hereinafter referred to as the “Code”).
3.0 PURPOSE
3.1 The purpose of this Code is to:
a) recognize and affirm the inherent right of Hornepayne First Nation to self-government
and the authority to adopt an electoral process which reflects the evolving Nation
rooted in the culture and traditions of our ancestors;
b) provide a fair, efficient, accessible, and transparent electoral system for the purpose of
electing representatives of Hornepayne First Nation;
c) encourage the participation of Hornepayne First Nation citizens in a fundamental
democratic process; and
d) provide a process by which the Council of Hornepayne First Nation is to be elected.
4.0 COMING INTO FORCE
4.1 This Code shall come into full force and effect the day following approval by the Members
of Hornepayne First Nation in a vote to ratify this Code.
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5.0 DEFINITIONS
5.1 In this Code, except where the context otherwise provides, the following definitions apply:
Advance Poll means polling of the Electors of Hornepayne First Nation in advance of
Election Day in a building, hall, or room located at the Hornepayne community as selected
by the Electoral Officer.
Appeal Hearing means an administrative process held before the Complaints and Appeal
Board which provides an Appellant with an opportunity to present facts and evidence in
support of an appeal of an Election or appeal of a ratification vote in accordance with this
Code.
Appellant means an individual who submits an appeal with respect to an Election in
accordance with the provisions of this Code.
Band Council Resolution (BCR) means a duly executed written resolution passed by a
quorum (majority) of Council.
By-Election means an Election held for the purpose of filling a vacant position on Council,
other than through a General Council Election.
Candidate means an eligible Elector of Hornepayne First Nation who is twenty-one (21)
years of age or older and who is nominated in accordance with the provisions of this Code
to run for the office of Chief or Councillor in an Election.
Chief means the position of an elected Chief, as distinct from the position of an elected
Councillor.
Community means the geographical area within the boundaries of the Hornepayne First
Nation community where the Chief and Council of Hornepayne First Nation govern.
Complaints and Appeal Board means the body appointed by the Elders of Hornepayne
First Nation to review and make decisions concerning any petitions for removal from
office, ratification vote appeals, and election appeals in accordance with this Code.
Corrupt Election Practice includes, but is not limited to, the prohibited Election
procedures as set out in this Code.
Council means collectively the body composed of those persons elected as Chief and
Councillors pursuant to this Code.
Councillor means the position of an elected Councillor, as distinct from the position of an
elected Chief.
Custom Election Code (“Code”) means this Hornepayne First Nation Custom Election
Code including all Regulations thereto as amended or replaced from time to time.
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Deputy Electoral Officer means a person appointed by the Electoral Officer to assist in
conducting an Election and who meets the criteria of a Deputy Electoral Officer as set out
in this Code.
Discipline Hearing means an administrative process held before the Complaints and
Appeal Board which provides a Member with an opportunity to present evidence and facts
to support a petition for removal from office in accordance with this Code.
Elder means a Member of Hornepayne First Nation who is sixty (60) years of age or older.
Election means either a General Election or a By-Election of Hornepayne First Nation held
in accordance with the provisions set out in this Code.
Election Day means the day on which a Poll may be taken in connection with any Election.
Elector has the same meaning as “Voter” and is a person who on Election Day is a
registered Member of Hornepayne First Nation as listed on the Hornepayne First Nation
Band List and has reached the age of eighteen (18) years or older on or before Election
Day.
Electoral Officer means a person appointed by Band Council Resolution of Hornepayne
First Nation Council in advance of each Election who is responsible for conducting
Nomination Day, pre-Election, Election, and post-Election procedures, and who meets the
criteria as specified in this Code.
Electors’ List means a list of Hornepayne First Nation Members who are eligible to vote
in a Hornepayne First Nation Election.
Electronic Ballot means a Ballot delivered electronically in accordance with the
provisions of this Code.
General Election means an Election that takes place at the end of the regular term of office
of Chief and Council to determine the succeeding Chief and Council, unless all positions
are filled by acclamation.
Hornepayne First Nation is the name traditionally registered with Canada and carries the
same meaning as the Hornepayne Band which includes Hornepayne First Nation, its
corporate entities, limited partnerships, and businesses.
Illegal drug means a drug or substance that is prohibited or controlled under the Controlled
Drugs and Substances Act of Canada, 1996, C.19 and its successor legislation or any
Hornepayne First Nation Drug and Alcohol Policy in force at the time of the Election,
which includes prohibited depressants, stimulants, hallucinogens, recreational cannabis,
narcotics and prescription drugs which are being handled illicitly and not used by the
person who holds the prescription.
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Mail-in Ballot means a Ballot mailed-in in accordance with the provisions of this Code.
Majority means a simple majority of fifty percent plus one (50% +1) of the number of
Electors who vote by casting a Ballot.
Member has the same meaning as Membership and means a person or persons whose name
and registry number appears on the Membership List for Hornepayne First Nation pursuant
to the Hornepayne First Nation Membership Code.
Membership Clerk means an employee of Hornepayne First Nation who is responsible
for maintaining the Membership List of Hornepayne First Nation.
Membership List means the list of names and registry numbers of persons who appear on
the Membership List of Hornepayne First Nation.
No Criminal Record for the purpose of this Code, means that an Elector has not been
convicted of an indictable offence under the Criminal Code of Canada, has no pending
criminal charges of any kind, or has obtained an official pardon.
Nominee means a person who is proposed or formally entered as a Candidate for an office
of Chief or Councillor.
Nomination Meeting means a meeting held for the purpose of nominating Candidates for
an Election.
Nomination Paper means the document in the forms attached hereto as Schedule “3” or
Schedule “4” of this Code which represents the written acceptance of a Candidate in an
upcoming Election.
Notice of Election means the notice provided to the Electors of Hornepayne First Nation
in Schedule “5” to this Code which specifies the date, time, and place of an upcoming
Election for the offices of Chief and Councillors.
Ordinarily Resident means the usual place of residence of a person and shall be
determined by reference to the facts of each case and, without limiting the foregoing,
the factors to be considered are:
a) the place a person normally sleeps;
b) the place a person receives mail; and
c) the residence of his or her immediate family.
Where a person has left his or her place of residence at Hornepayne First Nation to
pursue a course of study at an educational institution outside of Hornepayne First Nation,
he or she shall be deemed to be Ordinarily Resident until he or she completes or
abandons that course of study and takes a primary residence elsewhere. Similarly,
where a person has left his or her place of residence at Hornepayne First Nation for
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medical assessment and/or treatment outside of Hornepayne First Nation, he or she
shall be deemed to be Ordinarily Resident until he or she takes a primary residence
elsewhere.
Poll means the casting and recording of votes in accordance with this Code.
Polling Station means a building, hall, or room at the community of Hornepayne First
Nation which is selected by the Electoral Officer as the site for voting to take place which
may also include an Advance Poll.
Scrutineer means an individual who is appointed in writing by a Candidate in the form
attached hereto as Schedule “7” to this Code who is to be present and observe the activities
at the Polling Station. A Candidate may only appoint one (1) individual to serve as a
Scrutineer at any Polling Station.
6.0 CODE OF ETHICS
Upholding an Election Code of Ethics
6.1 In the process of determining the leadership of Hornepayne First Nation, all Candidates
will at all times follow an Election Code of Ethics by:
a) conducting themselves in a respectful manner;
b) respecting the Electoral and Deputy Electoral Officers and not interfering in any
way with the performance of these Officers’ duties under this Code;
c) focusing on the issues of the community, and not on other Candidates in the election
(i.e. avoid smear campaigns verbally or through social media, or campaigns based
on rumors);
d) respecting the right of the Electors to support any Candidate, free of coercion or
intimidation; and
e) not coercing, buying votes, or otherwise providing or promising remunerations or
payments to buy votes or in exchange for votes from Electors.
Prohibited Election Procedures
6.2 In the process of determining the leadership of Hornepayne First Nation, a person or
Candidate must not, in connection with any Election, engage or participate in any Corrupt
Election Practice whatsoever, including, but not limited to:
a) intimidation, duress, or attempting to influence another person to:
i) nominate, or refrain from nominating a particular Candidate,
ii) accept or decline a nomination, or
iii) withdraw as a Candidate,
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b) acting, or inciting another person to act in a disorderly manner with the intention of
disrupting the conduct of an Election;
c) knowingly publishing a false statement whether by social media or otherwise that a
Candidate is withdrawing or has withdrawn their candidacy;
d) upon being nominated, not complying with any Hornepayne First Nation Social
Media Policy or any such Policy in force at the time, or use any form of social media
such as Facebook, Instagram, or Twitter in any manner whatsoever to make
disparaging remarks or comments to personally demean, criticize, or degrade in any
manner any Member of Hornepayne First Nation, any Candidate, or any former or
present Chief and/or Councillor;
e) printing or reproducing a Ballot with the intention that the print or reproduction is
used as a genuine Ballot;
f) voting or attempting to vote knowing that they are not entitled to vote;
g) attempting to influence another person to vote knowing that the other person is not
entitled to do so;
h) putting a Ballot into a Ballot box knowing they are not authorized to do so under
this Code;
i) by intimidation or duress, attempting to influence another person to vote or refrain
from voting, or to vote or refrain from voting for a particular Candidate;
j) offering or providing money, goods, employment or other valuable consideration
in the form of promises in an attempt to influence an Elector to vote, refrain from
voting, or to vote or refrain from voting for a particular Candidate;
k) intentionally voting more than once in respect of any given position for Chief or
Councillor;
l) providing a false name in order to obtain a Ballot;
m) possessing a Ballot that was not provided to them in accordance with the
regulations;
n) directly or indirectly attempting to offer money or other valuable consideration in
exchange for an Elector’s vote, or the falsification of a declaration of a Ballot
account, vote result, or declaration of Election result;
o) threatening adverse consequences, coercing, intimidating, harassing, or bullying an
Elector or an Election official for the purposes of influencing or interfering with an
Elector’s vote, a Ballot count, vote result, or declaration of the Election result;
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p) forging documents or providing false or misleading information for the purpose of
influencing an Elector’s vote, a Ballot count, vote result, or declaration of the
Election result; or
q) disclosing confidential information obtained as a result of their former employment
with Hornepayne First Nation which is calculated to influence at least one Elector
to vote or not to vote for any particular Candidate.
6.3 In addition, corporate or business donations in support of a Candidate are not allowed and
shall be deemed as a contravention of this Code which may lead to the disqualification of
a Candidate.
7.0 COUNCIL
Composition
7.1 The Council of Hornepayne First Nation shall consist of one (1) Chief and two (2)
Councillors who shall be elected by a vote of the eligible Electors of the community of
Hornepayne First Nation in accordance with the rules and regulations of this Code.
7.2 The Candidate for Chief who receives the highest number of valid votes cast in an Election
will be elected as Chief of Hornepayne First Nation. The two (2) Candidates for
Councillors who each receive the highest number of valid votes cast in an Election will be
elected Councillors of Hornepayne First Nation.
Term of Office
7.3 Chief and Council shall hold office for a period of four (4) years beginning on the day after
they were elected and ending on the day prior to the next Election Day.
7.4 Council shall be sworn into office in Council Chambers as soon as possible after Chief and
Council have been announced by signing an Oath of Office as set out in Schedule “1” of
this Code.
7.5 A person who is either elected to Council by a General Election or elected by a By-Election
to fill a vacancy caused by death, resignation, or disqualification from office of a Chief or
Councillor shall hold that office for the remainder of the term of office of that Chief or
Councillor.
8.0 CALLING AN ELECTION
General Election
8.1 A General Election for Council will take place every four (4) years on the second Saturday
in the month of June starting in 2022.
8.2 Council is required to call a General Election by signing a Band Council Resolution no
later than ninety (90) days prior to the expiration of its term of office.
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8.3 The Band Council Resolution for a General Election must be signed by a majority of
Council confirming the Election Day, affirming Council’s appointment of an Electoral
Officer including their name and address, and setting out any other special instructions to
guide the Election process.
8.4 The Band Council Resolution shall be posted by the Electoral Officer no later than eighty
(80) days prior to Election Day in one or more conspicuous places throughout the
community and on the First Nation’s website.
By-Election
8.5 Except as expressly provided otherwise, the rules and procedures in this Code shall apply
to a By-Election.
8.6 A By-Election shall only be held where a majority of the Hornepayne First Nation Council
determine that the First Nation has the financial capability to hold a By-Election. Where
the Chief and Council determine that the financial capability exists to hold a By-Election
under this section, an Election shall be held for the vacant position of Chief or Councillor
only.
8.7 If a vacancy occurs on Council and if Hornepayne First Nation has the financial capacity
to hold a By-Election, and there is more than twelve (12) months remaining in Council’s
term of office, then a By-Election may be held no later than sixty (60) days from the day
that office was vacated. The person elected to fill such a vacancy shall, subject to the
provisions of this Code, hold office for the remainder of the term.
8.8 If a vacancy occurs on Council and there is less than six (6) months remaining in
Council’s term of office, then:
a) for the office of Chief, the Council member elected with the highest number of votes
will automatically act as Chief for the remainder of the unexpired term of office; or
b) for the office of Councillor, the office shall remain vacant for the remainder of the
unexpired term of office.
8.9 In the event that the Chief becomes incapable of performing his or her duties and
responsibilities prior to the expiration of their term of office, the Council member elected
with the highest number of votes will automatically act as Chief until such time as the
elected Chief resumes their position.
8.10 In the event that a successful appeal results in a By-Election, the term of the newly elected
Chief and/or Councillor shall commence on the date each elected Chief and/or Councillor
member swears the Oath of Office as set out in this Code. The newly elected Chief and/or
Councillor subject to the provisions of this Code shall hold office for the remainder of the
unexpired term of office.
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9.0 ELECTION OFFICIALS
Electoral Officer
9.1 No later than one hundred and twenty (120) days prior to Election Day, Council will send
out a request for tender to qualified electoral services and post in one or more conspicuous
places throughout the community and on the First Nation’s website, a notice inviting
tenders for Electoral Officer services.
9.2 No later than one hundred (100) days prior to Election Day, all interested applicants for the
position of Electoral Officer must submit a proposal and budgeted costs to Council that
will include their qualifications and experience as an Electoral Officer together with the
names of at least two (2) references.
9.3 After the close of the tendering process, Council will meet to review all applications and
choose one (1) individual as the Electoral Office who:
a) is not a member, family relation, employee, or holder of service contracts with
Hornepayne First Nation;
b) does not conduct any business with Hornepayne First Nation;
c) has no vested interest in the outcome of the Election and is not a Candidate;
d) has experience in conducting elections and has received appropriate certified
Electoral Officer training; and
e) pledges to conduct their duties as outlined in this Code.
9.4 No later than ninety (90) days prior to Election Day, Council shall appoint an Electoral
Officer and require the new appointee to:
a) swear an oath to uphold the office in accordance with this Code as set out in
Schedule “2”;
b) sign a contract for services setting out the Electoral Officer’s obligations and
remuneration approved by Council and agreed to by all Parties in writing; and
c) no later than eighty (80) days prior to Election Day, post the Band Council
Resolution calling the upcoming Election.
9.5 In the case of a By-Election, an Electoral Officer must be appointed as soon as practicable
prior to Election Day.
9.6 The Electoral Officer is responsible for managing and executing all pre-electoral, electoral
and post-electoral processes and procedures included in this Code.
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9.7 The Electoral Officer may make such orders and issue such instructions consistent with the
provisions of this Code as they may deem necessary for the effective administration of the
Election.
9.8 The Electoral officer must:
a) uphold and abide by the rules and regulations established in this Code;
b) remain neutral and professional in the conduct of the duties of their office;
c) not accept anything of value in exchange for preferential treatment or non-public
information;
d) comply with all applicable human rights legislation;
e) use public office facilities to fulfill the terms of their office, and not for personal
benefit;
f) avoid conflicts of interest, or the appearance of conflicts of interest, by abstaining
from decision-making where the Electoral Officer has a personal or private interests
in the matter at issue.
Deputy Electoral Officer
9.9 To assist the Electoral Officer in an upcoming Election, the Electoral Officer in their
discretion may appoint one (1) or two (2) Deputy Electoral Officers, as required.
9.10 All references to the Electoral Officer include the Deputy Electoral Officer, and the Deputy
Electoral Officer is an employee of the Electoral Officer.
Complaints and Appeal Board
9.11 The role of a Complaints and Appeal Board is to preside over and resolve any appeals or
petitions arising from an Election, and when necessary, to preside over any complaints
made against a Chief or Councillor in accordance with the procedures herein.
9.12 All members of the Complaints and Appeal Board shall possess an understanding of the
principles of natural justice.
9.13 A Complaints and Appeal Board shall be composed of three (3) individuals as follows:
a) one Elder who is a Member of Hornepayne First Nation; and
b) two (2) individuals, who are at least twenty-five (25) years of age or older, is not a
Member of Hornepayne First Nation, and does not have a vested interest in the
outcome of an Election appeal or petition for the removal of a Chief or Councillor
from office.
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9.14 By no later than forty-five (45) days prior to an Election, the Elders Council of Hornepayne
First Nation shall meet to:
a) select the members of the Complaints and Appeal Board in accordance with this
section;
b) appoint a Chair from within the selected members of the Complaints and Appeal
Board to conduct all meetings; and
c) draw a list of three (3) alternate members.
9.15 Members of the Complaints and Appeal Board shall be appointed for a period of four (4)
years from Election Day to the day prior to the next Election.
9.16 The Complaints and Appeal Board shall supervise and administer in accordance with the
provisions of the Code:
a) all Election appeals; and
b) all petitions for the removal of a Council member from office.
9.17 Upon receipt of an appeal or petition, any member of the Complaints and Appeal Board
who is an immediate family member of any Appellant or Candidate, or who may be
reasonably apprehended to have a bias or conflict in connection with the appeal, shall
excuse themselves from the Board.
9.18 Where a conflict of interest exists, the remaining members of the Complaints and Appeal
Board shall replace such member by drawing upon the list of the three (3) alternate
members chosen by the Elders of Hornepayne First Nation in accordance with this section.
9.19 In hearing an appeal, the Complaints and Appeal Board may establish its own rules of
evidence and procedure. Nothing requires the evidence presented or the procedure adopted
to conform to rules of evidence or procedure which may be adopted in any other proceeding
before the Complaints and Appeal Board or in a court of law.
9.20 The Complaints and Appeal Board shall be governed by the rules of fairness and shall
provide at least seven (7) days’ notice to all participants in advance of an Appeal Hearing.
9.21 No later than fourteen (14) days following an Appeal Hearing, the Complaints and Appeal
Board shall provide their written decision.
10.0 ELECTORS
Eligibility to Vote
10.1 An eligible Elector must:
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a) be a Member of the Hornepayne First Nation community as recorded in the
Membership List maintained by Hornepayne First Nation;
b) be named and have a registered number on the Hornepayne First Nation Electors’
List; and
c) have reached the age of eighteen (18) years or older on or before Election Day.
Electors’ List
10.2 An Electors’ List shall be inclusive of all members:
a) Electors who are residents - shall include the names of all eligible Electors; and
b) Electors who are not normally resident - shall include the names of all eligible
Electors on the Electors’ List.
10.3 In preparing for an Election, the Electoral Officer shall obtain from the Band Membership
Clerk the names, addresses, and ages of all Electors of Hornepayne First Nation who are
or will have attained the age of eighteen (18) years of age or older as of Election Day.
10.4 To ensure that an Elector receives current information about an upcoming Election, all
Electors are responsible for providing the Band Membership Clerk with their current
address.
10.5 An Elector’s address shall be used by the Electoral Officer only for the purpose of
providing notices, mail-in Ballots, or other Election documents as required.
10.6 The Electoral Officer shall not disclose an Elector’s address without the consent of the
Elector.
10.7 A Candidate for election as Chief or Councillor may obtain from the Electoral Officer
mailing labels of Electors who have consented to have their addresses disclosed to
Candidates.
10.8 No later than sixty (60) days prior to Election Day, the Electoral Officer shall prepare and
post one or more copies of the Electors’ List including the names of all Electors in
alphabetical order in a conspicuous place in the community or on the Band website, and in
any other location the Electoral Officer deems appropriate.
10.9 Prior to Election Day, any Member of the community may apply to the Electoral Officer
in person or by telephone, courier, regular mail, e-mail, or fax for a revision(s) to the
Electors’ List on the grounds that the list omits or incorrectly sets out the name of the
Elector or otherwise fails to accurately list and record the name of an eligible Elector.
10.10 The Electoral Officer shall revise the Electors; List upon presentation of documentary
evidence which clearly demonstrates that:
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a) the name of an Elector has been omitted from the Electors’ List;
b) the name of an Elector is incorrectly set out in the Electors’ List; or
c) the name of a person not qualified to vote is included in the Electors’ List.
10.11 If satisfied that the Electors’ List should be corrected, the Electoral Officer shall contact
the Membership Clerk to make the necessary corrections and the corrected List shall be
used as the Electors’ List on Election Day.
10.12 A person whose name does not appear on the Electors’ List shall be entitled to vote on
Election Day, provided that he or she presents documentary proof of entitlement to the
Electoral Officer’s satisfaction.
10.13 The decision of the Electoral Officer under this section regarding the Electors’ List is final
and not subject to appeal.
11.0 NOMINATION PROCEDURES
Notice of Nomination Meeting
11.1 No later than sixty (60) days prior to Election Day, the Electoral Officer shall prepare and
post a Notice of Nomination Meeting based on the information as set out in this section in
one or more conspicuous places at the Hornepayne First Nation community, and on the
First Nation’s website as may be determined by the Electoral Officer.
11.2 The Notice of Nomination Meeting shall include, at minimum:
a) the date, time, and location of the Nomination Meeting;
b) a statement that the nominations may be made in person at the Nomination Meeting
or by mail, e-mail, fax or hand delivering a nomination form to the Electoral Officer
prior to the commencement of the Nomination Meeting;
c) the Electors’ List or instructions as to view a copy of it;
d) the name and contact information for the Electoral Officer;
e) the internet address of the Web Page for Hornepayne First Nation,;
f) the statement that any Elector may vote by mail-in Ballot or online voting;
g) a description of the manner in which an Elector can nominate a Candidate, or
second the nomination of a Candidate; and
h) the statement that, if the Elector wants to receive information from Candidates, the
Elector can agree to have his or her address released to the Candidates.
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11.3 No later than sixty (60) days prior to Election Day, the Electoral Officer shall also mail a
copy of the Notice of Nomination meeting to the last known address of each Elector who
does not reside within the Hornepayne First Nation community.
Eligibility for Nominees
11.4 Electors who meet the following requirements of a Candidate may be eligible to be
nominated and run for elected office if the Elector:
a) is a member of Hornepayne First Nation in accordance with being a Descendant of
Nagagamisis & Morrison River area Oji-Cree People;
b) is the full age of twenty-one (21) years or older to run for the position of Chief or
Councillor on or before Nomination Day;
c) has been nominated as a Candidate pursuant to the provisions of this Code and
agrees in writing to abide by the rules and provisions of this Code;
d) is of good standing in the community and has provided to the Electoral Officer a
completed Nomination Paper Form in Schedule “3” or Schedule “4” of this Code,
a certified Canadian Police Information Report (CPIC), and Child Abuse Registry
or Vulnerable Sector Report no later than 5:00 p.m. on the day after the Nomination
Meeting which discloses that the Candidate:
i) has not been convicted of an indictable offence under the Criminal Code of
Canada involving fraud, theft, or damage to property or drug trafficking
under controlled drugs and substances legislation and regulations,
ii) has not been convicted of an indictable offence under the Criminal Code of
Canada involving domestic abuse, spousal assault, sexual assault,
molestation of children, murder, or attempted murder,
iii) has not been convicted of an indictable offence under the Criminal Code of
Canada in excess of ten (10) years before the Election or has obtained an
official pardon. An uncertain CPIC report disclosing “may or may not” is
not acceptable, and
iv) has no pending criminal charges of any kind whatsoever,
v) is not indebted to Hornepayne First Nation or any of its departments, or is
involved in any litigation, claims, or suits against Hornepayne First Nation,
vi) has no prior pending or outstanding civil action(s) involving Hornepayne
First Nation, and is not the subject of a judgment in favour of or against
Hornepayne First Nation,
vii) has successfully completed a drug test in accordance with any Hornepayne
First Nation Drug and Alcohol Policy in force at the time,
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viii) agrees to be bound by the laws of Hornepayne First Nation and the appeal
process as set out in this Code,
ix) attends the Candidates’ Public Forum scheduled by the Electoral Officer
herein, and
x) maintains the aforesaid conditions of being a Candidate on Election Day
and takes an Oath of Office following election to office.
11.5 A Candidate for elected office may run for the position of either Chief or Councillor, but
not for both positions during the same Election.
11.6 The Chief shall be the Candidate running for the office of Chief who receives the highest
number of valid votes cast in the Election.
11.7 The Councillors shall be the two (2) Candidates running for the office of Councillor who
receive the highest number of valid votes cast in the Election.
11.8 The refusal of an elected Chief or Councillor to swear an Oath of Office is an automatic
forfeiture of their being elected.
Residency Requirements
11.9 Candidates for the positions of Chief or Councillors must meet the following residency
requirements:
Chief - The Chief of the Hornepayne First Nation Council may hold residence outside of
Hornepayne before and after the Election but, must also hold secondary residence in
Hornepayne after the Election.
Councillors - Must have been resident at Hornepayne for at least three (3) months prior to
the Nomination Date, in order to be a candidate. These Councillors of the Hornepayne First
Nation Council must continue to reside at Hornepayne after the Election.
Criteria for Making a Nomination
11.10 Only eligible Electors may make a nomination.
11.11 Every nomination must be moved by an Elector and seconded by another Elector.
11.12 To be eligible to make a nomination or second a nomination, an Elector must:
a) be named as an Elector on the Hornepayne First Nation Electors’ List; and
b) be eighteen (18) years of age or older on Election Day.
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Nomination Meeting
11.13 Nominations for Candidates must be held at a duly convened Hornepayne First Nation
community meeting scheduled no later than forty (40) days prior to Election Day and will
be chaired by the Electoral Officer.
11.14 The Electoral Officer shall maintain order and security at the Nomination Meeting and may
remove any individual causing a disturbance.
11.15 The Nomination Meeting shall remain open for a minimum of three (3) hours and a
maximum of four (4) hours.
11.16 Nominations for Candidates must be moved and seconded by Hornepayne First Nation
Band members during the duly convened meeting or as required on the Nomination Paper
which can be received by mail.
11.17 Each Hornepayne First Nation Band Member may only nominate or second a nomination
once for Chief. Similarly, a Member may only nominate or second once for Councillor
Candidate.
11.18 Nominations may be made in person at the Nomination Meeting, by fax, mail or e-mail to
the Electoral Officer. The Electoral Officer will read out and post any written nominations
received prior to commencement of the Nomination Meeting.
11.19 Individuals cannot nominate themselves as a Candidate.
Acclamation
11.20 If, at the time the Electoral Officer closes the Nomination Meeting and only one eligible
Candidate has been nominated for the position of Chief, the Electoral Officer shall declare
the nominated person to be duly elected.
11.21 If, at the time the Electoral Officer closes the Nomination Meeting, and the number of
eligible Candidates who have been nominated for Council does not exceed the number of
positions to be contested for Council, the Electoral officer shall declare those nominated to
be duly elected.
11.22 If positions are not all filled by acclamation, the Electoral Officer shall declare that the
Polls will proceed.
Acceptance of Nomination
11.23 No person shall accept candidacy in an Election if that person is not eligible to be a
Candidate in accordance with this Code.
11.24 Nominated Candidates must file a completed Acceptance of Nomination form with the
Electoral Officer no later than 5:00 p.m. the day following the Nomination Meeting. The
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Acceptance of Nomination form must be in a prescribed format provided by the Band
Manager and shall include an agreement of the Nominee to abide by:
a) an Oath of Office; and
b) the Policies and Regulations of Hornepayne First Nation.
11.25 Acceptance of Nomination forms must be witnessed by the Electoral Officer, a Deputy
Electoral Officer, Elder, or a Commissioner for Oaths and contain the valid signature of
the nominee.
11.26 Once the Acceptance of Nomination form has been properly submitted and the Electoral
Officer is satisfied that the nominee is an eligible Candidate in accordance with this Code,
the nominee becomes a Candidate.
11.27 The names of Candidates will be posted by the Electoral Officer no later than thirty (30)
days prior to Election Day. The notice will be posted in one or more conspicuous places
at the community, and on the Band website.
Nomination Protest
11.28 If an Elector wants to protest a Candidate’s nomination under Sections 11.4 to 11.9 the
Eligibility for Nominees, or Sections 11.10 to 11.12 the Criteria for Making a Nomination,
or another section of the Code, the Elector must complete and submit a Nomination Protest
Form Schedule “6” of this Code to the Electoral Officer no later than 5:00 p.m. on the day
after the Nomination Meeting otherwise the protest will not be considered, and the
Acceptance of Nomination under Section 11.26 will remain.
12.0 NOTICE OF ELECTION
12.1 No later than twenty (20) days prior to Election Day, the Electoral Officer shall set the
date(s) of the Advance Poll(s) which will be held at least seven (7) days prior to Election
Day.
12.2 As soon as possible after the Nomination Meeting, the Electoral Officer shall post a Notice
of Election as set out in Schedule “5” of this Code:
a) in one or more conspicuous places in the community;
b) on the First Nation’s website; and
c) in any other location that the Electoral Officer may deem appropriate.
12.3 The Notice of Election shall contain, at minimum:
a) the date, time and location of any Advance Poll(s) and the Election Day Poll;
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b) instructions on how to view a copy of the List;
c) the name of the Electoral Officer, telephone number, fax number, e-mail address
and mailing address for the Electoral Officer;
d) the names of the Candidates and the positions each is seeking; and
e) the date, time, and place of the Candidates’ Public Forum.
12.4 The Electoral Officer shall also:
a) if only one person has been nominated for election as Chief, declare that person to
be elected by acclamation;
b) if the number of persons nominated to serve as Councillors does not exceed the
number required to be elected to fill all positions on Council, declare those persons
to be elected by acclamation; and
c) where less than the required number of persons are nominated to fulfill the position
of Chief or Councillor, announce that another Election shall be called as soon as
practical to fill the vacancy.
Relocation of Polling Station
12.5 If a death occurs at the Hornepayne First Nation community from the date of posting the
Notice of Election to the date of the Advance Poll or Election Day Poll and should the
location of the Election be required to accommodate funeral proceedings, the Electoral
Officer shall have discretion to change the location of the Advance Polling Station or the
Election Day Polling Station to another location as they shall deem appropriate.
12.6 Where an Electoral Officer changes the location of an Advanced Polling Station or an
Election Day Polling Station for any of the reasons permitted in accordance with this Code,
the Electoral Officer shall ensure that at least one (1) days’ notice is provided to the Electors
for the re-located Advance Poll or the Election Day Poll. Such notice shall be posted by
the Electoral Officer in one or more conspicuous places throughout the community and on
the First Nation’s website.
13.0 CANDIDATES’ PUBLIC FORUM
Mandatory Public Forum
13.1 Each Candidate must participate in a Candidates’ Public Forum for the purpose of speaking
to the Electors of Hornepayne First Nation which will be held no later than fourteen (14)
days prior to Election Day.
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13.2 The date, time, and location of the Candidates’ Public forum will be posted by the Electoral
Officer no later than twenty (20) days prior to Election Day in one or more conspicuous
places at the Hornepayne First Nation community or on the First Nation’s website.
13.3 The Electoral Officer will appoint an Elder to conduct the Candidates’ Public Forum and
may also appoint security personnel who shall maintain order and security at the Forum
and may remove anyone who causes a disturbance.
13.4 The order of speeches will be determined by random draw.
13.5 Candidate speeches will be limited to a maximum of ten (10) minutes per individual with
an additional five (5) minutes for questions from the Electors.
13.6 All Candidates, must physically be present at the mandatory Candidates’ Public Forum at
their own cost.
13.7 Failure of the Candidate, to attend the mandatory Public Forum without reason outside of
their control, will result in immediate disqualification, and the Candidate will no longer be
eligible to run in the Election and votes received will not be counted.
Nomination Paper and Fee
13.8 Before or during or after the Nomination Meeting, the Candidate must complete and sign
a Nomination Paper for the position that the Candidate is seeking in either Schedule “3” or
Schedule “4” of this Code. The Nomination Paper must be submitted by hand or email to
the Electoral Officer. Any Nomination Paper not received by the Electoral Officer no later
than 5:00 p.m. the day following the Nomination Meeting will not be accepted.
13.9 In addition, a non-refundable filing fee of two hundred ($200.00) DOLLARS must be paid
by each Candidate running for the position of Chief, and a non-refundable fee of one
hundred ($100.00) DOLLARS must be paid by each Candidate running for the position of
Councillor. The filing fee shall be provided to the Electoral Officer at the Nomination
Meeting in the form of cash or certified cheque made payable to Hornepayne First Nation.
A receipt for such payment shall be given to the Candidate by the Electoral Officer. All
filing fees will be used by Hornepayne First Nation to offset any Election expenses.
13.10 Should such filing fee not be received no later than 5:00 p.m. the day following the
Nomination Meeting, the Candidate shall be deemed to have declined their nomination.
Candidate Supporting Documentation
13.11 In support of their candidacy, all Candidates who have already submitted their signed
Nomination Paper and filing fee at the Nomination Meeting must also provide the Electoral
Officer no later than thirty-five (35) days prior to Election Day the following supporting
documentation:
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a) A certified CPIC criminal record check from a recognized policing agency dated to
within thirty-five (35) days prior to Election Day;
b) A Vulnerable Sector or Child Abuse Registry check dated to within thirty-five (35)
days prior to Election Day;
c) A negative drug test as per any Hornepayne First Nation Drug and Alcohol Policy
in force at the time, and current to within thirty-five (35) days of Election Day; and
13.12 Should the supporting documentation not be provided to the Electoral Officer with the
Nomination Paper within the time prescribed, then the Candidate shall be deemed to have
declined their nomination.
13.13 The Electoral Officer shall be in charge of receiving all Nomination Papers and supporting
documentation from potential Candidates. Upon review, verification, and making any
necessary inquiries, the Electoral Officer will decide and make a list of all Candidates who
are eligible to run in the Election.
13.14 Upon qualifying the Nomination Papers, receiving the fee and supporting documentation,
the Electoral Officer shall prepare and post with the Hornepayne First Nation public offices
a Notice of Candidates no later than thirty (30) days prior to Election Day setting out:
a) a list of the Candidates nominated for the offices of Chief and Councillors;
b) the dates, times, and locations of any Advance Polls and date, time and location at
Hornepayne First Nation where voting will take place on Election Day; and
c) the date, time, and location of the mandatory Candidates’ Public Forum to be
conducted by the Electoral Officer including the rules of conduct of the Forum, to
which all Candidates must be physically present to maintain the Candidate’s
eligibility to run in the Election.
13.15 Any Candidate who is employed by Hornepayne First Nation that does not currently hold
an elected position shall immediately take a leave of absence, without pay from their
position leading up to the Election. Upon being elected to the position of Chief or
Councillor, the elected person may resume their employed position with Hornepayne First
Nation.
Withdrawal of Candidacy
13.16 A Candidate may withdraw at any time before the opening of the Advance Poll by filing
with the Electoral Officer a written withdrawal of their nomination signed by the Candidate
in the presence of the Electoral Officer, Elder, a Justice of the Peace, a Notary Public, or a
Commissioner for Oaths.
13.17 The death of a Candidate any time prior to the opening of an Advance Poll or prior to or
on Election Day constitutes a withdrawal.
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13.18 If there is enough time between the withdrawal and the printing of Ballots, a Candidate’s
name will not appear on the Ballot. If the Ballots have already been printed, the Electoral
Officer will, time permitting, black out or obliterate the Candidate’s name to the extent
possible. In any event, any votes cast for that Candidate will be counted as null and void.
14.0 VOTING PROCEDURES
14.1 Ballot Preparation
a) Ballot papers shall be prepared by the Electoral Officer and shall contain the names
of all Candidates running for Chief and Councillors, which names shall be listed on
the Ballot papers in alphabetical order.
b) The Electoral Officer shall procure the number of Ballot boxes required and prepare
a sufficient number of Ballot papers for the Election.
c) To be official, all Ballot papers shall be initialed or have a seal placed by the
Electoral Officer or a Deputy Electoral Officer in the upper right-hand corner of
the Ballot.
d) Any Ballot paper cast which fails to show the original initials or the seal of the
Electoral Officer or Deputy Electoral Officer in the upper right-hand corner shall
be deemed invalid and shall not be counted.
14.2 Mail-In Ballots and Voting Electronically
a) No later than thirty (30) days prior to Election Day, the Electoral Officer shall mail
or provide electronically to every Elector residing outside of the community of
Hornepayne First Nation a package consisting of:
i) a set of instructions for mail-in and electronic Ballots;
ii) a Ballot initialed or with a seal on the upper right-hand corner placed by the
Electoral Officer;
iii) an outer, postage-paid return envelope, pre-addressed to the Electoral
Officer for mail-in Ballots;
iv) a second, inner envelope marked “Ballot” for insertion of the completed
Ballot;
v) an Elector Declaration form as set out in Schedule “8” to this Code;
vi) a statement:
(a) identifying the date on which the Election will be held;
(b) the time, duration and location of Advance Polls and the Election
Day Polling Station; and
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(c) advising the eligible Elector that they may vote in person at a Polling
Station on Election Day in lieu of voting by mail-in Ballot or by
voting electronically; and
vii) a list of the names of any Candidates who were acclaimed, if any.
b) The Electoral Officer shall indicate on the Electors’ List that a Ballot paper has
been provided to each eligible Elector to whom a mail-in Ballot was mailed and
provided electronically, and will keep a record of the date and address to which
each mail-in and electronic Ballot was provided.
14.3 Procedures for Mail-in Ballots
a) An eligible Elector may vote by mail-in Ballot by:
i) marking the Ballot by placing a cross, check mark or other mark that clearly
indicates the eligible Elector’s choice but does not identify the eligible
Elector, opposite the name of the Candidate(s) for whom they desire to vote;
ii) folding the Ballot in a manner that conceals the names of the Candidates
and any marks but exposes the Electoral Officer’s initials on the back;
iii) placing the Ballot in the inner envelope and sealing that envelope;
iv) completing and signing the Elector Declaration form in the presence of a
witness who is at least eighteen (18) years of age;
v) placing the inner envelope and the completed Elector Declaration form in
the outer envelope; and
vi) mailing the mail-in Ballot to the Electoral Officer and allowing sufficient
time for the Ballot to be received by the Electoral Officer before the time at
which the polls close on Election Day.
b) Where an eligible Elector is unable to vote in the manner set out above, the eligible
Elector may enlist the assistance of another person to mark the Ballot and complete
and sign the Elector Declaration form.
c) A witness referred to above shall attest to:
i) the fact that the person completing and signing the Elector Declaration form
is the person whose name is set out in the form; or
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ii) where the eligible Elector enlisted the assistance of another person, the fact
that the eligible Elector is the person whose name is as set out in the form
and that the Ballot was marked according to the directions of the Election
Officer.
d) An eligible Elector who spoils or loses a mail-in Ballot may obtain another Ballot
by delivering to the Electoral Officer the spoiled Ballot or a written affirmation that
the eligible Elector has lost the mail-in Ballot, as the case may be, and signed by
the eligible Elector in the presence of a witness who is eighteen (18) years of age
or older.
e) Any mail-in Ballots that are not received by the Electoral Officer before the time at
which the polls close on Election Day are void.
f) An eligible Elector to whom a mail-in Ballot was mailed is not entitled to vote in
person at a polling station, other than in accordance with this section.
14.4 Procedures for Electronic Ballots
a) Upon approval through a Band Council Resolution of Chief and Council, the
Electoral Officer may employ the services of an Electronic Voting Service Platform
and utilize an approved system of voting on-line or by electronic means.
b) The Electoral Officer shall ensure that instructions for electronic voting are clearly
provided on all notices, the electronic voting platform page, and are available for
distribution upon direct request from any Elector.
c) The electronic voting platform must operate across all digital platforms (smart
phones, tablets, laptops and personal computers) and across all major operating
systems.
d) To cast an electronic vote, an Elector shall:
i) visit the landing page (or home page) of the electronic voting platform;
ii) confirm their eligibility to participate using electronic voting;
iii) complete the elector registration process;
iv) declare their intent and desire to vote electronically;
v) complete the authentication and elector verification process;
vi) mark their electronic Ballot(s); and
vii) confirm their electronic vote.
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e) During the electronic voting process set out in this section, the Electoral Officer
will:
i) receive an email notification confirming the elector registration;
ii) receive an email notification confirming the elector voted electronically;
and
iii) mark the elector as having voted electronically on the Electors’ List.
f) Where the Elector has voted electronically, he/she shall not be permitted to vote in
person or by mail-in Ballot.
g) The Electoral Officer shall ensure electronic voting platform is populated by the
Electors’ List no later than sixty (60) days prior to Election Day.
h) The Electoral Officer shall have administrative access to the electronic voting
platform to view and download daily reports and detailed activities reports.
i) Individual voting results shall remain secret at all times and individual Elector
choices shall be encrypted in such a way as to ensure Elector anonymity.
j) At a minimum, the electronic voting platform shall exceed the threshold of
verification of an Elector and due diligence for mail-in Ballots, and at minimum
shall require for each Elector:
i) a digital signature (or equivalent);
ii) a unique personal identification number (PIN);
iii) a registry number (status card number); and
iv) their date of birth.
k) Automated email notifications shall be generated in real-time to the Elector and
Electoral Officer of all and any activity associated with an Elector using the
electronic voting platform, including:
i) attempted registration and/or voting;
ii) completed elector registration;
iii) completed voting;
iv) failed registration and/or vote; and
v) system or communication failures, interruptions or lost data.
l) Daily detailed activity reports shall be generated via email to the Electoral Officer.
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m) At the official close of the Poll, the Electoral Officer shall be able to access the
tabulated electronic vote results.
n) All electronic Electors’ List, Ballots, and confidential Elector information shall be
deleted and wiped from the servers of the electronic voting platform, and
certification to this effect will be provided by the Electoral Officer.
o) Once an Elector has voted once electronically, they cannot vote again
electronically, and shall be restricted from doing so again by the electronic voting
platform program Code.
p) Electronic voting will end automatically at the official close of the electronic poll
and the electronic voting platform will no longer be accessible by Electors.
q) After the close of the polls the Electoral Officer shall add the Electronic Voting
results to the results of the physical polls and mail-in Ballots and shall make a
declaration certifying the recorded number of Electronic Votes.
r) Without contravening any part of this Code, Council may make regulations
governing electronic voting procedures.
14.5 The Poll
a) All Polls, other than the Advance Polls, shall be held at Hornepayne First Nation.
b) Before the Poll is open, the Electoral Officer shall deliver to their Deputy Electoral
Officer the Ballot papers, materials for marking the Ballot papers, and a sufficient
number of voting compartments and directions for voting.
c) The Electoral Officer or their Deputy Electoral Officer shall provide a voting
compartment at each Polling Station where Electors can mark their Ballot papers
away from observation. The Electoral Officer may appoint a Security Officer to
maintain order at such Polling Stations.
d) The Poll shall remain open from 9:00 a.m. until 7:00 p.m. of the same day except
at an Advance Poll which shall remain open from 10:00 a.m. until 7:00 p.m.
e) A Candidate may authorize, if they wish, a person to serve as his or her Scrutineer
during the Polling Station on Election Day. Prior to opening of the Polling Station,
a Scrutineer must present the Electoral Officer with written verification in the form
attached hereto as Schedule “7” signed by the Candidate that they have been
authorized to serve as the Candidate’s Scrutineer. A Candidate may only authorize
one (1) individual to serve as their Scrutineer at any designated Poll.
f) A Scrutineer may observe the process and ask questions of the Electoral Officer,
but not interfere in the process of voting or engage in conversation with any
Electors until after an Elector has voted.
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g) Voting at all Elections shall be by secret Ballot in the manner set forth in this Code.
h) Immediately before the commencement of the Poll, the Electoral Officer or Deputy
Electoral Officer shall open the Ballot box and call such persons as may be present
to witness and sign a statement to confirm that the Ballot box is empty. The
Electoral Officer shall then lock and properly seal the Ballot box to prevent it from
being opened without breaking the seal, and shall place the Ballot box in view for
reception of the Ballots. The Ballot box seal shall not be broken nor the Ballot box
unlocked at any time during the time appointed for taking the Poll.
i) In the case of an Advance Poll, the seal shall not be broken nor the Ballot box
unlocked until the closure of the Poll. All Ballot boxes used for Advance Polls
shall be stored at a secure location determined by the Electoral Officer and will be
transported to the voting Poll on Election Day by the Electoral Officer.
j) At both the Advance Polls and Election Day Poll, the Electoral Officer shall not
allow people to congregate, in order to maintain access to the Polling Station and
shall ensure that once people have voted, they are to leave the location of the Poll.
14.6 In-Person Voting
a) Where an Elector presents themselves in-person for the purpose of voting, the
Electoral Officer or a Deputy Electoral Officer shall, if satisfied that the name of
such person is entered on the Electors’ List at the Polling Station, record the
attendance of the person on the Electors’ List, provide the Elector with a single
Ballot paper on which to register their vote and ensure their initial is on each Ballot.
b) The Electoral Officer has the discretion to request identification from an Elector for
the purpose of confirming identity.
c) The Electoral Officer or a Deputy Electoral Officer shall, in the appropriate column
of the Electors’ List, initial opposite the name of every Elector receiving a Ballot
paper.
d) The Electoral Officer or a Deputy Electoral Officer may, and when requested to do
so, explain the mode of voting to any voting Elector.
e) Each Elector receiving a Ballot paper shall forthwith proceed to the compartment
provided for marking Ballots and shall mark their Ballot paper by placing an “X”
(or other legible mark) opposite the name of the Candidate(s) for whom they desire
to vote, provided that the mark is clear as to who is being selected. The Elector
shall then fold the Ballot paper so as to conceal the names of the Candidate(s) and
the marks on the face of the paper but so as to expose the initials of the Electoral
Officer or a Deputy Electoral Officer. Upon leaving the compartment, the Elector
shall forthwith deliver the Ballot paper to the Electoral Officer or a Deputy
Electoral Officer, who shall, without unfolding the Ballot paper, verify the initials
on the upper right-hand corner of the Ballot paper, and at once deposit the Ballot
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paper in the Ballot box in the presence of the Elector and all other persons entitled
to be present at the Polling Station.
f) While any Elector is in the compartment for the purpose of marking their Ballot
paper, no other person shall, except as provided in this section, be allowed in the
same compartment or in any position from which they can see the manner in which
such Elector marks their Ballot paper.
g) If the Elector is unable to read or is incapacitated by blindness or other physical
circumstances, one person of the Elector’s choice together with either the Electoral
Officer or a Deputy Electoral Officer, shall be permitted to accompany the Elector
in the voting booth. The Electoral Officer or a Deputy Electoral Officer shall state
on the Electors’ List in the column for remarks opposite the name of such Elector
the fact that the Ballot paper was marked by another person at the request of the
Elector, or the fact that another individual accompanied the Elector in the voting
booth, along with the name of the other person and the reasons for the request.
h) An Elector who has inadvertently dealt with their Ballot paper in such a manner
that it cannot be conveniently used shall, upon returning it to the Electoral Officer
or a Deputy Electoral Officer, be entitled to obtain another Ballot paper, and the
Electoral Officer or a Deputy Electoral Officer shall thereupon write the word
“cancelled” upon the spoiled Ballot paper, preserve it, and record the
circumstances.
14.7 Secrecy of Voting
a) Every person in attendance at an Advance Poll, Polling Station, or at the counting
of the votes shall maintain and aid in maintaining the secrecy of the voting.
b) No person shall interfere or attempt to interfere with an Elector when marking their
Ballot paper or obtain or attempt to obtain at the Polling Station information as to
how an Elector is about to vote or has voted.
14.8 Close of Poll and Counting of Ballots
a) Immediately after the close of the Poll on Election Day, the Electoral Officer or a
Deputy Electoral Officer shall, in the presence those Candidates and their
Scrutineers as may be present, open the Ballot boxes and examine the Ballot papers
and:
i) reject all Ballot papers:
(a) that have not been supplied by the Electoral Officer or a Deputy
Electoral Officer,
(b) by which votes have been given for more Candidates than are to be
elected, or
(c) upon which anything appears by which an Elector can be identified.
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ii) subject to review on recount or on an Election Appeal, take note of any
objection made by any Candidate or their Scrutineer to any Ballot paper found
in the Ballot box and decide any questions arising out of the objection;
iii) number such objection and place a corresponding number on the back of the
Ballot paper with the word “allowed” or “disallowed,” as the case may be,
with his or her initials; and
iv) count the votes given for each Candidate from the Ballot papers not rejected
and make a written statement of the number of votes given to each Candidate
and the number of Ballot papers rejected and not counted by him or her, which
statement shall then be signed by him or her and by such other persons
authorized to be present as may desire to sign the statement;
b) Immediately after completion of the counting of votes, the Electoral Officer shall
publicly declare to be elected the Candidate for Chief and Candidates for
Councillors having received the highest number of votes in accordance with this
Code. The Electoral Officer shall also post in one or more conspicuous places
throughout the community and on the First Nation’s website, a statement signed by
them showing the number of votes cast for each Candidate. Where it appears that
two or more Candidates have an equal number of votes, a By-Election will be held
to fill the position(s) left vacant, should a position be left vacant, as a consequence
of such equality of votes.
c) Should there be a difference of ten (10) votes counted between Candidates for the
position of the office of Chief or Councillor, the Candidate with the lesser votes
may request a re-count of the Ballots which re-count must take place immediately
following the counting of all Ballots.
d) Should there be a discrepancy of five (5) Ballots on the re-count, there shall be a
mandatory third re-count of the Ballots for the disputed position which third re-
count shall be final.
e) Following public declaration of the elected Chief and Councillors, an Elder shall
administer the taking of the Oath in the form attached hereto as Schedule “1”
publicly before those in attendance or no later than ten (10) days’ after Election
Day, or at such time and place as soon thereafter as the Elder requests the elected
Chief and Councillors are to be present.
14.9 Disposition of Ballot Papers and Documentation
a) Following the public declaration, the Electoral Officer shall deposit all Ballot
papers and other documentation in an envelope, seal said envelope, initial over the
seal of the envelope, and store all Ballots and documentation of Candidates at their
place of business for three (3) months. Should a re-count be requested or an
“Appeal” be filed, the Ballots and documentation shall be retained until the re-count
or Appeal has been dealt with.
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b) At the expiration of the three (3) month period, or after an Appeal has been
concluded, the Electoral Officer shall destroy the Ballot papers and Candidates
documentation in the presence of a Deputy Electoral Officer and two (2) additional
witnesses who shall make and sign a written declaration that they witnessed the
destruction of those papers.
15.0 APPEALS
Appeal Procedures
15.1 No later than fourteen (14) days after Election Day, a Candidate or an Elector who
reasonably believes that:
a) a person declared elected was not qualified to be a Candidate;
b) there was a violation of this Code in the conduct of the Election that might have
affected the result of the Election; or
c) there was corrupt practice or fraudulent practice in relation to the Election;
may submit an appeal to the Chair of the Complaints and Appeal Board in accordance with
the provisions herein.
15.2 The Notice of Appeal must:
a) be made in writing in Affidavit form as set out in Schedule “9” to this Code and
must be sworn before a Notary Public or duly appointed Commissioner for Oaths
with the facts substantiating the grounds for appeal and a petition signed by at least
fifty (50) Electors of Hornepayne First Nation; and
c) be submitted to the Chair of the Complaints and Appeal Board accompanied by a
deposit of two hundred ($200.00) DOLLARS.
15.3 Upon receipt of a Notice of Appeal, the Chair of the Complaints and Appeal Board shall:
a) no later than seven (7) days after receiving a Notice of Appeal, provide a copy with
all supporting documents by hand or via registered mail to the Electoral Officer, to
each Candidate in the Election, and to Council;
b) no later than seven (7) days after receiving the said Notice, request from the
Electoral Officer a copy of the complete Election record consisting of:
i) a copy of this Code;
ii) a copy of the Band Council Resolution appointing the Electoral Officer;
iii) a copy of the Electors’ List;
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iv) all Ballots;
v) copies of all filed Nomination Papers; and
vi) any other relevant information in the possession of the Electoral Officer.
c) where the appeal is not submitted in accordance with this section, inform the
Appellant in writing that the appeal will not receive any further consideration;
d) no later than seven (7) days after receiving a Notice of Appeal, accept any written
response from the Electoral Officer or a Candidate to the appeal allegations,
together with any supporting documentation; and
e) if the material filed is not adequate for deciding the validity of the Election
complained of, conduct such further investigation into the matter as the Board may
deem necessary.
15.4 After a review of all evidence received, and no later than thirty (30) days after receipt of a
Notice of Appeal, the Complaints and Appeal Board shall render a decision on the validity
of the appeal, the credibility of the evidence, and the action to be taken which may include:
a) upholding the appeal and calling a further Election for all or some of the positions;
b) upholding the appeal and declaring the Candidate(s) with the next highest number
of votes elected;
c) acknowledging there was a violation of the Code, but deciding that no action will
be taken because the outcome of the election was not affected;
d) acknowledging there was a violation of the Code, and scheduling an Appeal
Hearing;
e) making recommendations for amendments to this Election Code to apply to future
Elections; or
f) dismissing the appeal.
15.5 The Complaints and Appeal Board shall report the decision and recommendations to the
Appellant, the Electoral Officer, to all Candidates, and to Council.
15.6 If the decision of the Complaints and Appeal Board requires that another Election is to be
held, such Election shall respect the provisions of this Code.
15.7 If the decision of the Complaints and Appeal Board allows for an Appeal Hearing, such
Hearing shall respect the provisions outlined in this Code.
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Appeal Hearing
15.8 Should an Appeal Hearing be granted, the Complaints and Appeal Board no later than
seven (7) days after a decision is rendered, shall immediately notify the Appellant and all
interested persons of the date, time, and location for the Appeal Hearing which will be
heard no later than fourteen (14) days after the date of the Board’s decision.
15.9 At the Appeal Hearing, the Complaints and Appeal Board shall provide all parties and
interested persons calling into question an Election, an opportunity to present evidence and
argument in support of their respective positions. Any person against whom the Election
Appeal is brought shall be afforded a reasonable opportunity to respond to any such
allegations made against either the Election process or their conduct, as the case may be.
15.10 Upon conclusion of an Appeal Hearing, the Complaints and Appeal Board shall endeavour
to reach a decision on the Election Appeal as soon as practical and no later than seven (7)
days after the Appeal Hearing, and in its decision shall:
a) determine whether or not the Appellant has proven the grounds for the Election
Appeal set out in the Notice of Appeal on a balance of probabilities;
b) determine whether the grounds as proven may or may not reasonably have affected
the outcome of the Election appealed from;
c) order a new Election for the position on Council contested by the Election Appeal
where satisfied that grounds for appeal have been proven and such grounds may
reasonably have affected the outcome of the Election relative to such Council
position;
d) uphold the Election, where the grounds of the Election Appeal have not been
proven, or if proven, could not reasonably have affected the outcome of the
Election; and
e) order costs in the discretion of the Complaints and Appeal Board to be paid by the
Appellant where the Complaints and Appeal Board has found the grounds of the
Election Appeal have not been proven.
15.11 If the appeal is upheld, the deposit of two hundred ($200.00) DOLLARS will be
immediately refunded to the Appellant. If the appeal is denied, the deposit is forfeited and
is to be used to set off the costs of the Election.
15.12 The decision of the Complaints and Appeal Board shall be posted at one or more
conspicuous locations at the Hornepayne First Nation community and on the First Nation’s
website.
15.13 Hornepayne First Nation shall not cover any legal or court costs incurred on behalf of any
Chief or Councillor or Candidate who launches a court action in relation to the Election.
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15.14 In all cases, the decision of the majority of the Complaints and Appeal Board is final and
may be made with or without reasons being given for its conclusions. No other Tribunal
or Court may hold a Hearing or render a decision on the Election Appeal, nor is the
Complaints and Appeal Board’s decision subject to any further appeal to any other Tribunal
or Court of law.
16.0 VACANCY, SUSPENSION, OR REMOVAL FROM OFFICE
Vacancy in Office
16.1 The office of a Chief or Councillor becomes vacant when a person who holds office:
a) dies while they are in office;
b) resigns from office in writing of their own accord;
c) has been unable to perform the functions of their office for more than six (6) months
as confirmed by Band Council resolution due to illness or other incapacity;
d) is absent for three (3) consecutive duly convened meetings of the Council without
reasonable excuse;
e) has been found guilty of contravening the declaration of their Oath of Office
pursuant to a decision of the Complaints and Appeal Board;
f) has been found guilty of Corrupt Practice in connection with the Election pursuant
to a decision of the Complaints and Appeal Board;
g) accepts or offers a bribe, forges a Council document, or otherwise acts dishonestly
in their role on Council;
h) uses their office for personal financial gain or for the financial benefit of members
of their family or friends to the detriment of the Council or the Band as a whole;
i) abuses their office such that the conduct negatively affects the dignity and integrity
of the community or of Council;
j) encourages others to commit any of the above acts or omissions;
k) engages in such other conduct as may be determined by Council to be of such a
serious nature that the removal is necessary and appropriate;
l) is convicted of an indictable criminal code offence while in office, or for which a
pardon has not been granted; or
m) ceases to be a Member of Hornepayne First Nation.
16.2 Any person holding the office of Chief or Councillor who is charged with a criminal
offence in any Province, Territory, State or Country shall be suspended indefinitely without
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pay from holding that office. In the event that the person is acquitted, or the charge stayed,
then the suspension shall be lifted. However, that person shall not be entitled to receive
any honorarium or salary that was suspended or withheld during the interim period.
Suspension or Removal from Office
16.3 A member of the elected Council may be suspended or removed from office in accordance
with the procedures set out herein, without pay, if that the person’s conduct or actions have
been interfering with the ability to perform their duties as a member of Council, and such
conduct or actions is serious enough to warrant corrective action and/or discipline.
16.4 A suspension or removal may be sought in accordance with the procedures herein on the
following grounds:
a) Breach or failure to perform in a substantial way their duties and obligations as set
out in their Oath of Office or an applicable Code of Conduct in effect from time to
time.
b) Engaging in disorderly or irresponsible conduct that is alcohol or drug-related at
Council Meetings, Annual General Meetings, or in any other public forums or
functions which interferes with the conduct of business or brings the reputation of
Hornepayne First Nation or the Council into disrepute.
c) Engaging in physical, violent, or threatening behaviour towards members, staff or
contractors of Hornepayne First Nation, or Hornepayne First Nation business
entities.
d) Engaging in such further and other conduct which is incompatible with their role
as a member of Chief and Council which impacts their ability to be an effective
leader.
16.5 Upon the signatures of one hundred (100) eligible Electors in support of a petition against
a member of Council through an official petition provided by the Band Manager, or by any
eligible Member of Hornepayne First Nation, not including employees, and stating the
grounds, particulars, and evidence of the complaint being presented in writing to the Band
Manager along with a five hundred ($500.00) DOLLARS non-refundable fee payable to
Hornepayne First Nation, the Band Manager shall within seven (7) days of receipt of the
petition present the complaint to Council.
16.6 In the first instance, and no later than seven (7) days after receipt of a petition, a meeting
of Council shall be convened to discuss and make a decision with respect to the member
of Council who is the subject of the complaint in accordance with the grounds as outlined
in this Code.
16.7 Where a quorum of Council by Band Council Resolution decide that they are unable or
unwilling to make a decision in relation to the complaint, the Band Manager upon direction
by Band Council Resolution shall forward the complaint including all supporting
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documentation to the Complaints and Appeal Board to convene a Discipline Hearing in
accordance with the procedures of this Code.
Discipline Hearing
16.8 Where a Discipline Hearing is to be heard by the Complaints and Appeal Board, the
Council member who is the subject of the complaint or a motion for suspension or removal
from office shall receive, within seven (7) days of the Board receiving the petition, written
notice from the Chair of the Complaints and Appeal Board of the Discipline Hearing, such
that they may make presentations to the Complaints and Appeal Board. Such
representations may include the presentation of documents and witness testimony.
16.9 Where a Discipline Hearing of the Complaints and Appeal Board is held to decide whether
suspension or removal of a Chief or Councillor may be warranted, the Complaints and
Appeal Board may consult with community Elders and obtain input and guidance with
respect to a proposed motion to suspend or remove.
16.10 The Complaints and Appeal Board, upon conclusion of a Discipline Hearing for the
purpose of receiving evidence and argument pertaining to the conduct of an elected
member of Chief and Council, shall endeavour to reach a decision on the complaint as soon
as practical and no later than seven (7) days after a Discipline Hearing, and its decision
shall:
a) determine whether or not the complaint has been proven on a balance of
probabilities;
b) where the complaint is found to be proven, decide whether the subject of the
complaint should be:
i) suspended from office,
ii) dismissed from office and a By-Election called to fill the resultant vacancy,
or
iii) allowed to continue in office with or without conditions attached to that
decision, and
c) where the complaint is found not to be proven, dismiss the complaint.
16.11 The Complaints and Appeal Board shall then communicate its decision as a written
recommendation to the Band Manager who will communicate the decision and
recommendation to Council to enforce. If the Complaints and Appeal Board has decided
and recommended suspension or removal, the said Chief or Councillor shall be deemed
suspended or removed from office and ceases to be entitled to all rights and privileges
associated with that office for the duration of the suspension or removal.
16.12 The maximum term for suspension shall be sixty (60) days.
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16.13 By definition, a suspension from elected office means the suspended Chief or Councillor
may attend but is not entitled to participate in any meetings of Hornepayne First Nation
involving community business or governance, and is not entitled to wages during the period
of suspension.
16.14 The motion, term of suspension, action to be taken to correct the problem, and conditions
of the suspension may be declared by Band Council Resolution in support of the decision
and recommendation of the Complaints and Appeal Board.
Mandatory Removal from Office
16.15 A Chief or Councillor shall, by Band Council Resolution, be immediately removed from
office and a vacancy declared when a quorum of the Council declares and shows evidence
that the person who holds that office is unfit to continue in office by reason of:
a) having been convicted of an Indictable criminal offence while holding office; or
b) having been absent from three (3) consecutive duly convened Council Meetings, or
any three (3) duly convened General Band Membership meetings for which proper
notice has been given, and there is no good reason provided for the absence.
16.16 The motion and the reasons for such removal shall be declared by Band Council
Resolution.
17.0 OFFENCES
17.1 Every person is guilty of an offence who intentionally contravenes any of the paragraphs
outlined in this Code.
17.2 An Electoral Officer or a Deputy Electoral Officer who fails to perform any of their duties
under this Code may also be guilty of an offence.
17.3 A person is not guilty of an offence under this section if they establish that they exercised
due diligence to prevent the commission of the offence.
18.0 UNENFORCEABLE PROVISIONS
18.1 In the event that any provision or provisions contained herein shall be held by a court of
competent jurisdiction to be unenforceable or void in law, this Code shall be read and
construed as if it did not contain the particular provision or provisions and the remainder
of this Code shall not be affected.
18.2 Any Hornepayne First Nation Election Policies or Regulations made prior to this Code
shall have no force and effect and shall be deemed repealed, and for greater certainty, this
Code shall supersede any such previous Policy, Regulation or Election Code.
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18.3 Should there be any inconsistency between this Code and any other Hornepayne First
Nation Policy, Regulation or Election Code, this Code shall prevail to the extent of any
inconsistency.
19.0 AMENDMENTS
19.1 This Code may be amended or repealed by the legislative process of Hornepayne First
Nation involving a majority vote of fifty percent plus one (50% +1) of the sum total of
membership in attendance at three (3) Community Meetings held at Hornepayne First
Nation, and in each of the locations of the Advance Polls at which the proposed
amendment(s) shall be read before the membership in attendance and voted upon.
19.2 In the event that a majority of the membership in a Community Meeting votes in support
of the proposed amendment, the Chief and Council shall amend the Code accordingly.
19.3 In spite of the clauses above, a vote of the membership is not required to amend this Code
where amendments do not change the substance of this Code and are limited to:
a) correcting typographic or grammatical errors;
b) minor improvements to language to more clearly describe the intention of the Code;
c) clause renumbering; and
d) reconciling inconsistencies with other laws or policies of Hornepayne First Nation.
20.0 REVIEW
20.1 Chief and Council of Hornepayne First Nation may appoint and direct a committee to
review and improve the electoral procedures within this Code and may review this Code
within six (6) months both prior to and following each General Election.
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21.0 TIMEFRAME
ELECTION TIMEFRAME ACTION RESPONSIBILITY
No later than 120 days prior Notice for Applications for Electoral Council
to Election Day Officer to be posted
Applicants
No later than 100 days prior Applications for Electoral Officer to
to Election Day be submitted to Council Council
No later than 90 days prior to BCR calling a General Election and
Election Day appointing an Electoral Officer to be
prepared and signed
No later than 80 days prior to BCR calling a General Election and Electoral Officer
Election Day appointing an Electoral Officer to be
posted Electoral Officer
No later than 60 days prior to Elector’s List to be posted and Electoral Officer and
Election Day uploaded Deputies
No later than 60 days after an By-Election Electoral Officer
office is vacated
No later than 60 days prior to Notice of Nomination Meeting to be Elders Council
Election Day posted. (Mail out to Electors who do Electoral Officer
not reside at Hornepayne First Candidates
No later than 45 days prior to Nation)
Election Day Complaints and Appeal Board to be Candidates
No later than 40 days prior to appointed
Election Day Nomination Meeting Electoral Officer
No later than 5:00 p.m. on the
day after Nomination Nomination Paper and Candidate fee Chaired by Elder
Meeting to be submitted to Electoral Officer Electoral Officer and
No later than 35 days prior to Deputies
Election Day Candidate to submit all supporting Electoral Officer and
documentation to Electoral Officer Deputies
No later than 30 days prior to (i.e. record checks etc.) Elder
Election Day List of Candidates, Notice of
Candidate’s Public Forum, Notice of
No later than 14 days prior to Advance Poll to be posted. (Mail out
Election Day all Notices to Electors who do not
No later than 7 days prior to reside at Hornepayne First Nation
Election Day including Ballot package)
No more than 90 days after Candidates’ Public Forum
calling an Election by BCR
No later than 10 days after Advance Poll
Election Day
Election Day
Oath of Office by Council
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APPEAL TIMEFRAME ACTION RESPONSIBILITY
No later than 14 days after Notice of Appeal to be submitted to Appellant
Election Day Complaints and Appeal Board
No later than 7 days after Notice of Appeal to be forwarded to Complaints and
receiving a Notice of Appeal Electoral Officer, each Candidate, Appeal Board
and Council. Request all Election
No later than 7 days after documentation from Electoral Appellant and/or
receiving a Notice of Appeal Officer. Electoral Officer
No later than 30 days after Written response to be submitted to Complaints and
receiving a Notice of Appeal the Complaints and Appeal Board Appeal Board
No later than 7 days after a Written Decision Complaints and
Written Decision Appeal Board
Notice of Appeal Hearing to be
No later than 14 days after provided to Appellant (if the Board’s Complaints and
providing Notice of an decision is to hold an Appeal Appeal Board
Appeal Hearing Hearing)
No later than 7 days after an Appeal Hearing
Appeal Hearing
Written Decision Complaints and
Appeal Board
PETITION TIMEFRAME ACTION RESPONSIBILITY
No later than 7 days after Petition to be forwarded to Council Band Manager
receiving a petition
No later than 7 days after Petition either resolved by Council Council
receiving a petition or forwarded to Complaints and
Appeal Board Complaints and
No later than 7 days after Notice of Discipline Hearing to be Appeal Board
receiving a petition provided to Council Complaints and
No later than 14 days after Discipline Hearing Appeal Board
Notice of Discipline Hearing Complaints and
No later than 7 days after Written Decision Appeal Board
Discipline Hearing
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SCHEDULE “1”
OATH OF OFFICE
I, , do hereby solemnly swear (or affirm) as a newly elected
representative of Hornepayne First Nation, that I will faithfully execute the office of the Chief and
Council of Hornepayne First Nation and will achieve to the best of my ability, the preservation,
protection, promotion, advancement and defence of the inherent rights of Hornepayne First Nation,
and will do my utmost to carry out the duties loyally, honestly and to the best of my ability, and
will dutifully and faithfully, and to the best of my ability, serve the Hornepayne First Nation, and
that:
• I am qualified to hold the position of
in accordance with the provisions for Candidate eligibility under the
Hornepayne First Nation Custom Election code;
• I have not, by myself or any other person, knowingly contravened the Hornepayne First
Nation Custom Election Code in relation to my election to office;
• I am not the holder of a public office of another government;
• I will faithfully and consistently perform the duties of my office to the best of my judgment
and ability;
• I will not allow any private interest to influence my conduct in public matters of the
Hornepayne First Nation;
• I will promptly disclose any “conflict of interest,” direct or indirect financial interest I have
in a matter; and I will not participate in the discussion of the matter and will not vote in
respect of the matter;
• I will respect, uphold and abide by the laws and policies of the Hornepayne First Nation;
• I will honour, respect and support the Elders of the Hornepayne First Nation;
• I will discharge my duties and responsibilities in a manner becoming a Chief or Councillor;
• I will maintain respect for my colleagues, the people and employees of the Hornepayne
First Nation;
• I will demonstrate and practice honesty, fairness, respect, justice and objectivity in the
performance of my duties;
• I will, to the best of my ability, attend to my duties in a dedicated and timely manner,
including prompt attendance at meetings, keep posted office hours, and regularly attend
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portfolio meetings for which I am responsible;
• I will be accountable to the Hornepayne membership including reporting to the electorate
on a regular basis;
• I will provide leadership in promoting democracy and consensus decision-making in the
governance matters of the Hornepayne First Nation;
I do further affirm that I take this Oath of Office freely, without any mental reservation or purpose
of evasion. By the Grace of our Creator I do so swear.
In the office of of Hornepayne First Nation, I further swear (or affirm)
that I will:
• abide by the Hornepayne First Nation Code and Regulations;
• disclose any conflict or interest which by definition means the reasonable foreseeability
that any personal or economic interest of a Chief or Councillor may be affected in any
material or different manner from the interest of the membership by any decision or other
official action on behalf of the Hornepayne First Nation;
• abide by the laws and policies of Hornepayne First Nation including all laws, by-laws, and
policies of Hornepayne First Nation pertaining to illegal drugs, alcohol and substances, and
be subject to their requirements including testing for the presence of such substances in my
body; and
• abide by the laws of Hornepayne First Nation including any Policy Procedures Manual.
Signed and agreed to at Hornepayne First Nation on this day of , 20 .
Signed by:
Witness Elected Official
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SCHEDULE “2”
ELECTORAL OFFICER (DEPUTY ELECTORAL OFFICER)
OATH OF OFFICE
I, , solemnly declare that in the performance of my duties
as an , I will do my utmost to serve Hornepayne
First Nation and members of the community with impartiality, integrity, and honesty.
In carrying out my duties, I will remain neutral and professional. I will avoid conflicts of interest
or the appearance of a conflict of interest by abstaining from decision-making where I have a
personal or private interest in the matter. I will adhere at all time to principles of natural justice
and comply with all human rights legislation.
I swear to abide by the provisions of the Hornepayne First Nation Custom Election Code.
DATED this day of , 20 .
Signature of Electoral Officer
(or) Deputy Electoral Officer
Name of Witness Signature of Witness
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SCHEDULE “3”
NOMINATION PAPER FOR THE POSITION OF CHIEF
I, having been nominated by ,
which nomination was seconded by do hereby declare that I am a Candidate
as defined in the Hornepayne First Nation Code in that:
1. I am on the Membership List of Hornepayne First Nation;
2. I have attained the age of twenty-one (21) years on or before the day on which the
Nomination Meeting is held;
3. I have no record of having been convicted of any indictable criminal offence(s) and have
made arrangements to provide the required CIPIC and Vulnerable Record Check in
accordance with this Code;
4. I am not charged with a criminal offence and if charged prior to Election Day will disclose
same to the Electoral Officer;
5. I have arranged to provide documentary evidence showing that I have completed a test
resulting in no use of any illegal drug prior to my nomination in compliance with this Code;
and
6. I shall abide by the rules and provisions of the Code and the social media policy of
Hornepayne First Nation during the Election Campaign.
I hereby give my non-refundable deposit in the amount of two hundred ($200.00) DOLLARS to
the Electoral Officer, which deposit is accepted and acknowledged by me as non-refundable.
I agree to be bound by all rules of the Hornepayne First Nation Code including without limitation
the appeal provisions set out in the Code.
If elected I will honestly and faithfully discharge the duties, responsibilities and liabilities of the
office to which I am elected.
Signed this day of , 20 .
Nominator Candidate Acceptance
Seconder Acknowledged by:
Electoral Officer
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SCHEDULE “4”
NOMINATION PAPER FOR THE POSITION OF COUNCILLOR
I, having been nominated by ,
which nomination was seconded by do hereby declare that I am a Candidate
as defined in the Hornepayne First Nation Custom Election Code in that:
1. I am on the Membership List of the Hornepayne First Nation;
2. I have attained the age of twenty-one (21) years on or before the day on which the Election
is held;
3. I have no record of having been convicted of any indictable criminal offence(s) and have
made arrangements to provide the required CIPIC and Vulnerable Record Check in
accordance with this Code;
4. I am not charged with a criminal offence and if charged prior to Election Day will disclose
same to the Electoral Officer;
5. I have arranged to provide documentary evidence showing that I have completed a test
resulting in no use of any illegal drug prior to my nomination in compliance with this Code;
and
6. I shall abide by the rules and provisions of the Code and the social media policy of
Hornepayne First Nation during the Election Campaign.
I hereby give my non-refundable deposit in the amount of one hundred ($100.00) DOLLARS to
the Electoral Officer, which deposit is accepted and acknowledged.
I agree to be bound by all rules of the Hornepayne First Nation Code including without limitation
the appeal provisions set out in the Code.
If elected I will honestly and faithfully discharge the duties, responsibilities and liabilities of the
office to which I am elected.
Signed this day of , 20 .
Nominator Candidate Acceptance
Seconder Acknowledged by:
Electoral Officer
Hornepayne First Nation Custom Election Code 43 | P a g e
DRAFT
SCHEDULE “5”
NOTICE OF ELECTION AND REQUEST FOR NOMINATIONS
Notice is hereby given that an Election for the offices of Chief and Councillors of Hornepayne
First Nation will be held:
, 20 at a.m./p.m.
(date) (time) (location of Polling Stations on Reserve)
, 20 at a.m./p.m.
(date) (time) (location of Advance Polls)
A copy of the Electors’ List can be viewed at
or (location on Reserve)
The Electoral Officer for the Election is
The Electoral Officer can be contacted as follows:
Phone number: E-mail address:
Mailing address:
The deadline for receiving Nominations for Candidates and all supporting documentation is
, 20 .
The nomination for each Candidate must be proposed and seconded by eligible Electors.
Electors may nominate and second one Candidate only in Schedule “3” or Schedule “4.”
Every person who proposes or seconds the nomination of a Candidate may briefly give their
reason in writing for doing so.
THIS NOTICE is given this day of , 20 by
the Hornepayne First Nation Electoral Officer.
Signed by:
Electoral Officer
Hornepayne First Nation Custom Election Code 44 | P a g e
DRAFT
SCHEDULE “6”
NOMINATION PROTEST
In the matter of the , 20 Nomination Meeting for the Hornepayne
First Nation Election:
I, , wish to file a Protest pursuant to section
11.28 concerning the following Nomination.
CANDIDATE NOMINATION UNDER PROTEST:
Name of Candidate:
Position:
REASON FOR PROTEST:
Not a member of the Hornepayne First Nation Band.
Not of the full age of twenty-one (21) years of age on or before the
Nomination Date.
Is not Ordinarily Resident pursuant to Paragraph 11.9 of the Code.
Has been convicted of a criminal offence as established in paragraph 11.4
of the Code.
Has not been properly nominated and seconded by a Band member.
Other.
Documents attached to support this Protest:
Signature of Protester: Date:
Printed Name of Protester:
Hornepayne First Nation Custom Election Code 45 | P a g e
DRAFT
SCHEDULE “7”
AUTHORIZATION OF SCRUTINEER
I, being a Candidate running in the Hornepayne First
Nation Election to be held on , 20 ,
hereby appoint
as a Scrutineer on my behalf.
Signed this day of , 20 .
Signed by:
Candidate
Hornepayne First Nation Custom Election Code 46 | P a g e
DRAFT
SCHEDULE “8”
ELECTOR DECLARATION FORM
In order for your vote to be counted, this Declaration must accompany your sealed Ballot
envelope. This declaration must be signed and witnessed by someone who is at least eighteen
(18) years of age or older.
In the matter of the Election held by Hornepayne First Nation on ,20 , I,
, so solemnly declare that:
1. I am a registered member of Hornepayne First Nation.
2. I am eighteen (18) years of age or older on Election Day.
3. My Band registry numbers is .
4. My date of birth is .
5. My current mailing address is:
6. I am not aware of any reason why I would be disqualified from voting in this Election.
DATED this day of , 20 .
Signature of Elector Telephone number
Name of Witness Signature of Witness
Address of Witness Telephone number of Witness
Hornepayne First Nation Custom Election Code 47 | P a g e
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HFN Custom Election Code
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