1. First Nations Elections Act & Regulations Mistawasis Nehiyawak First Nation August 2016

2. Background  Between 2008 and 2011, the Assembly of Manitoba Chiefs (AMC) and the Atlantic Policy Congress of First Nations Chiefs (APC) developed the policy foundation for the First Nations Elections Act ( FNEA) in order to address the weaknesses in the Indian Act election system.  Following a national engagement exercise, these organizations provided recommendations to the Minister of Aboriginal Affairs and Northern Development.  These recommendations form the content of the optional First Nations Elections Act and First Nations Elections Regulations came into force on April 2, 2015.  Of the 70 First Nations in Saskatchewan, 4 First Nations have opted into FNEA, 22 First Nations hold elections under the Indian Act and the remaining 44 First Nations select their leaders under their own community based system.  INAC has a module on its internet site where information and links to the legislation and the regulations can be found at www.aadnc-aandc.gc.ca/elections 2

3. 3 Key Changes in the Electoral Process Opting In: First Nations Election Act (FNEA) is an optional framework where band councils can opt in, engage electors and submit a band council resolution (BCR). To opt out, First Nation needs to develop a custom election code supported by the electorate. Key Changes:  Four year term of office  Shorter timeline for election period  Mail-in ballots by application  Candidate vs nominee  Automatic recount when the difference between a winning candidate and a runner up is five or less  Offences and penalties  Optional provisions: advance polls candidate fee to an maximum of $250 an ability for a minimum of six First Nations to line up their terms of office and hold elections on the same day (a common election day ).  Appeals

4. 4 Mail-in Ballot by Application  First Nations will still maintain a list of addresses and provide it to the Electoral Officer at the beginning of the election period. Electors can provide their email addresses if they so choose.  Electoral Officer will send the notice of the notice of the nomination meeting and an application for a Mail-in ballot. The electoral officer can send the application for the Mail-in ballot by mail, email or fax.  Electoral Officer will send the mail-in ballots when the completed application and the identification document are received.  The identification document can be any official document that proves the identify of the elector, such as a status card, a drivers licence, a health card, a passport or a library card.  Applications must be received no later than the 6 th day before the election. After this time, an elector can only vote in person at the advance poll (if there is one), or the polling station on the day of the election.

5. 5 Candidates  Can only be a candidate for one position, a chief or councillor.  A candidate must meet the following criteria: an elector; nominated and seconded; accepted his/her nomination by 6 p.m. on the third day following the nomination meeting for one position. remitted the candidate fee by 6 p.m. on the third day following the nomination meeting if one is imposed by the band council. Electors nominated and seconded but who have not provided a Candidate Declaration to the electoral officer by the deadline will not be a candidate and their name will not appear on the ballot. An elector can only nominate up to the number of positions in council. Legend: Elector- band member and 18 years of age

6. Optional - Candidate Fee  Nominees must pay the fee in cash or by certified cheque, money order or electronic transfer, and it must be received by the electoral officer or the deputy electoral officer by 6 p.m. on the third day following the nomination meeting (the same as the deadline for receipt of the Candidate’s Declaration).  Only nominees who have provided their signed Candidate’s Declaration and their candidate fee (if applicable) by this deadline will become candidates.  Within 30 days of the election, the electoral officer must return the candidate fee to all candidates who received more than 5% of the total votes cast 6

7. 7 Automatic Recount  Automatic recount if the difference is 5 or fewer between the number of votes of a candidate – who would otherwise be declared elected – and another candidate for the same position.  The electoral officer will decide to conduct the recount immediately or announce a place and time for the recount which must take place within 24 hours.  If the recount does not to take place immediately, the ballots must be placed in envelopes, sealed and held in safekeeping.  The electoral officer will only recount the ballots marked for the winning and runner-up candidates who are within five votes.  After the recount, the electoral officer will announce the winning candidates.

8. 8 Offences and Penalties  The First Nations Elections Act provides several offences that a person, found guilty by a court, can receive a fine or a jail term.  In addition to a fine and/or jail term, certain offences carry an additional automatic penalty of not being eligible to be elected as chief or councillor during the five years after the date of conviction.  The offences provided in FNEA are the same offences found in the Canada Elections Act and applicable to federal elections.  These offences include activities surrounding vote buying, bribery, voting when not eligible, forging ballots and obstruction of the electoral process.

9. 9 Optional - Advance Polls  The First Nation council can decide that one or more advance polls be held which can be held on or off the reserve.  Advance polls can only be held between the 10 th and 5 th day before the election.  If advance polls are to be held, this must be determined prior to the posting and mailing of the notice of nomination meeting, at least 60 days before the election.

10. Appeals  An elector may appeal the election by application to a court of competent jurisdiction on the grounds that there was a contravention of the Act or the regulations that is likely to have affected the result.  The application must be filed within 30 days after the election.  After hearing the application, the court will decide the outcome of the appeal and may set aside the election. 10

11. Timeline for Chief and Councillors  Prior to 65 days, at a duly convened meeting the Chief and Council will:  Select a certified elector officer;  Select a band employee to maintain the address list;  Confirm the composition of council (the number of positions for chief and councillors) to the Electoral Officer.  Decide on locations of advance poll/s, if needed;  Decide whether to impose a Candidates fee; and,  Request a voters list for the elector officer under section 11 of the Indian Act. 11

12. New Timeline for Electoral Officer  65 day process under the Regulations: Day 65: First Nation provides the voters list and list of addresses to the electoral officer Day 60: The notice of nomination meeting is posted and sent to off-reserve electors whose address has been provided Day 35: Nomination meeting Day 32 at 6 p.m.: Deadline to receive the declaration of candidacy and the fee if applicable Day 30: Mail-in ballot packages are sent to electors who have submitted an application along with their identification Day 6: Last day for the electoral officer to receive requests for mail-in ballots and to send them out Days 10 to 5: Potential advance polls Day 0: Election Day Day -1: Recount if necessary Day -30: Deadline to apply to the courts to contest the election (appeal) 12

13. Electors  At least 90 days before the term of office expires, you may submit your address to your First Nation if you wish to participate in the electoral process as a candidate or a voter or nominator/seconder;  65 days before the term of office ends, contact your First Nation to find out date of election and name of electoral officer;  If you have not submitted your address to your First Nation, you can contact the electoral officer after he/she has been selected.  6 th day before the election, last day to apply for a mail-in ballot, if you decide to vote by mail-in ballot.  Be aware of the deadlines for requesting an application for the mail-in ballot and;  Should read the applicable Act and Regulations for the election; 13

14. First Nations Elections In Saskatchewan Region, the election of chief and councillors can be held in one of following ways:  Indian Act and the Indian Band Election Regulations;  Community based system or band custom; or  First Nations Elections Act. 70 First Nations in Saskatchewan: -22 First Nations hold elections under the Indian Act; -44 First Nations select their leaders under band custom; and - 4 First Nation under the First Nations Election Act. Nationally, there is also Self Government agreements however there are none in Saskatchewan yet. 14

15. Information Information is online on the following website: https://www.aadnc-aandc.gc.ca 15