Election Code 2019

WAHGOSHIG FIRST NATION CUSTOM GOVERNANCE AND ELECTION CODE CODE - AUGUST | 2019

TABLE OF CONTENTS PREAMBLE

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1. DEFINITIONS

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2. COMPOSITION AND TERM OF OFFICE OF COUNCIL

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3. ELECTION PROCEDURES

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4. NOMINATION MEETING

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5. NOTICE OF ELECTION

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6. VOTING METHOD

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7. MAIL-IN BALLOTS

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8. ADVANCE POLL

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9. WITHDRAWAL

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10. ACCLAMATIONS

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11. VOTING

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12. CLOSING THE POLL

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13. VACANCY

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14. REMOVAL OR DISMISSAL FROM OFFICE

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15. APPEAL PERIOD

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16. TRANSITION

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17. ASSIGNMENTS AND POWERS OF COUNCIL

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18. POWERS OF THE CHIEF

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19. RESPONSIBILITY AND DUTIES OF THE COUNCILORS21 20. RESOLUTIONS

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21. ACCOUNTABILITY AND TRANSPARENCY

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22. MEETINGS AND FREQUENCY

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23. GENERAL MEETINGS

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24. CONFLICT OF INTEREST CODE FOR THE CHIEF AND COUNCIL 23 25. TERM OF OFFICE AND EMPLOYMENT

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26. AMENDMENTS AND REPEALS

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PREAMBLE This "Governance and Custom Election Code" is based on the recognition of the right of the Anishinabek ofWahgoshig First Nation to freely and democratically choose their own political representatives, based on their culture and traditional values, and to determine the structure and rules of the governance of their People. This Code is founded on the principle of "one person one vote" and recognizes the fundamental right to vote of all electors of the Wahgoshig First Nation regardless of their place of residence. The "Governance and Custom Election Code" is a dynamic and continual process and may be revised and amended by the assembly of electors to take into account the changing political realities of the Wahgoshig First Nation. The present "Governance and Custom Election Code", duly adopted by a majority vote of the duly registered members of Wahgoshig First Nation, eighteen (18) years of age or more on the day of the vote, replaces all other code, policy or election custom, written or oral, and will be used by the Wahgoshig First Nation to elect its new governing Council in 2011 and subsequent years, and to set its governance rules and regulations.

The present "Governance and Custom Election Code" has been developed and adopted in accordance with articles 20 to 20.6 of the Wahgoshig First Nation "Band Government Policy and Band Custom Election Regulations" that are in effect since January 30th , 1996. This new "Governance and Custom Election Code" will come into effect on------- 2012.

Adopted on ____________ __, 2012 by the Members of Wahgoshig First Nation.

Committee Members

An additional amendment [Section 13 (a)] was added by the Governing Council in August, 2019. See Appendix B. The Wahgoshig First Nation therefore enacts as follows:

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1. DEFINITIONS The following definitions apply in this Code: “Code” means this Governance Policy and Custom Election Code.

“Electoral Officer” means a person appointed by the Wahgoshig First Nation Council before each election who will have the responsibility for conducting the nomination meeting and the election.

"Deputy Electoral Officer” or “Deputy” means a person or persons appointed by the Electoral Officer to assist him/her in the election process.

“Scrutineer” means a duly authorized representative at each polling station designated by the candidate to ensure that proper procedures are followed.

“Election" means an election or by-election held pursuant to this Code.

“Elector” means a person who: i) Is a duly registered member of the Wahgoshig First Nation; and ii) Is of the full age of eighteen (18) years or older before the day on which the nomination meeting is held.

“Candidate" means a Wahgoshig First Nation duly registered member who: i) Is the full age of eighteen (18) years or older on or before the day on which the nomination meeting is held; ii) Has been a Wahgoshig First Nation duly registered member for a period of not less than twelve (12) consecutive months immediately preceding the day on which the nomination meeting is held; and iii) Has been nominated to be a candidate pursuant to the provisions of this Code.

“Candidate for the Office of the Chief” means a Wahgoshig First Nation duly registered member who is the full age of thirty (30) years old and up and must meet all the requirements to be a "Candidate", must have served at least one (1) prior full term of office as a Councilor, must be a duly registered member of Wahgoshig First Nation and must have maintained a permanent residency on the Wahgoshig First Nation Reserve for a period of not less than twelve (12) consecutive months immediately preceding the day on which the

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nomination meeting is held and, if elected, continues to do so during the full period of the term of office.

“Candidate for the Office of the Elder Councilor” means a Wahgoshig First Nation duly registered member who is the full age of fifty (SO) years or older on or before the day on which the nomination meeting is held, and who meets all the requirements to be a "Candidate" and has maintained a permanent residency on the Wahgoshig First Nation Reserve for a period of not less than twelve (12) consecutive months immediately preceding the day on which the nomination meeting is held and, if elected, continues to do so during the full period of the term of office.

“Candidate for the Office of the Youth Councilor” means a Wahgoshig First Nation duly registered member whose age is at least eighteen (18) years of age and not more than twenty-seven (27) years of age on or before the day on which the nomination meeting is held, and who meets all the requirements to be a "Candidate" and has maintained a permanent residency on the Wahgoshig First Nation Reserve for a period of not less than twelve (12) consecutive months immediately preceding the day on which the nomination meeting is held and, if elected, continues to do so during the full period of the term of office.

“Candidate for the Office of the Resident Councilor” means a Wahgoshig First Nation duly registered member whose age is eighteen (18) years of age and older, and must meet all the requirements to be a "Candidate" and must have maintained a permanent residency on the Wahgoshig First Nation Reserve for a period of not less than twelve (12) consecutive months immediately preceding the day on which the nomination meeting is held and, if elected, continues to do so during the full period of the term of office.

“Eligibility to Hold Office” No more than one member of any family shall be eligible to hold office, in the same Council during any term. For the purpose of this regulation, members of the same family are listed below under "Immediate Family".

“Immediate Family” refers to a spouse (married or common law), father, mother, brothers, sisters, son and daughters.

“Permanent Residency” means the usual dwelling locations where a person lives, sleeps and most frequently performs his/her normal activities. Exception will be made for full-time students who, during their academic sessions, may be obliged to reside outside of the Wahgoshig First Nation Reserve or Traditional Territory.

“Polling Station” means a building, hall or room which is selected to be the site for the voting to take place.

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“Wahgoshig First Nation Council" or “Council” means the body composed of a Chief and Councilors elected pursuant to this Code.

“Quorum of Council”, means at least four (4) duly elected members of the Council in office.

“Chief” means a person elected in the Office of the Chief pursuant to this Code.

“Councilor" means a person elected to one of the six (6) offices of Councilor pursuant to this Code.

“Elders Tribunal” sometimes referred to as "Elders Advisory Committee” means a committee comprised of no fewer than three (3) duly registered members of the Wahgoshig First Nation appointed by the General Assembly of members and who are fifty (SO) years of age or older and who are reputed to have a good knowledge of the traditions and values of the First Nation and a sound judgment.

“Appeal Board” means a committee appointed by the Electoral Officer during a General Assembly and shall be comprised of one Elder, two (2) electors who do not have a personal interest for either themselves or their immediate family and or who are not involved in the appeal process, the legal advisor of the Wahgoshig First Nation and a member of the Algonquin Anishinabeg from the Algonquin Anishinabeg Nation Tribal Council.

“Traditional Territory” means territory officially recognized by the Wahgoshig First Nation Council and described on the official maps kept in the archives of the Wahgoshig First Nation.

2. COMPOSITION AND TERM OF OFFICE OF COUNCIL 2.1 Composition The Wahgoshig First Nation will be governed by a Council consisting of one (1) Chief, one (1) Elder Councilor, one (1) Youth Councilor, and four (4) Resident Councilors, as defined above.

2.2 Term of Office The Term of Office of the Chief and each of the Councilors will be four (4) years commencing on the day of the swearing in and concluding on the day of the swearing in of the new Chief and Councilors four (4) years hence.

2.3 A person elected to the Council in a By-Election pursuant to this Code to fill a vacancy resulting from the death, resignation or termination of office of a Chief or a Councilor will hold that office for the remainder of the term of office of that Chief or Councilor.-Traditionally

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for the Office of Chief the practice of the Wahgoshig First Nation has ALWAYS been to select by a majority of votes of the Council, the elected Deputy Chief who in turn assumes the responsibility of the Office of the Chief during the period of a vacancy. This traditional practice, with respect to the Office of the Chief shall remain in full force and effect for as long as the vacancy of the Office of the Chief remains in effect. As the Deputy Chief, the individual shall also inherit all corresponding responsibilities and duties of the Office of the Chief.

2.4 Oath of Office There shall be a swearing in ceremony, no more than seven (7) days after the appeal period is over as referred to in this Code, at which ceremony all the newly appointed or elected members of Chief and the newly appointed members of Council shall take a solemn oath that they will serve the members and the community of the Wahgoshig First Nation with dignity, honesty, dedication and in a responsible manner, always in the sole interests of the members and of the First Nation.

3. ELECTION PROCEDURES 3.1 Election of Council The Chief election shall be held first, prior to the Councilor election. The Councilor election will begin immediately following the Chief election. Chief and Councilor two(2) separate elections but both Chief and Councilor election to follow same procedures as outlined in this code. Total time line for both Chief and Councilor election is 144 days, 72 day process for Chief election and 72 day process for Councilor election.

3.2 Election for the Office of the Council The election process, as set out in this election code, for the office of the Chief, shall begin 144 days prior to the end of the four year term for the outgoing Chief and 72 days prior to the beginning of the election process for the Councilors. The election process for Councilors shall begin 72 days prior to the end of the four year term of the outgoing Councilors.

3.3 Appointment of the Electoral Officer The Electoral Officer shall be appointed at least one hundred and forty-four (144) days prior to the end of the Council's four (4) year term of office, the duly elected Council shall appoint an Electoral Officer and a Deputy Electoral Officer for the purpose of the election of the Chief and Councilor.

3.4 Dates of Nominations and of the Election

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At the same time as it appoints the Electoral Officer for the election of the Office of the Council, the duly elected Council shall determine the deadline date by which the nominations of the candidates for the Office of the Council must be made and the date on which the election will be held for the position of Chief and Councilor.

3.5 Notice of Nomination Meeting The Electoral Officer shall display a public notice of the list of electors, notice of the nomination meeting for the Office of the Chief or Councilor. The notice shall be displayed in several public places within the community, in full public view within the community, and mailed to all registered members of the Wahgoshig First Nation sixty nine (69) days before the date of the election and least thirty (30) days before the date of the nomination meeting. (as per attached Electoral Officer timeline attached to back of code).

3.6 List of Electors At the beginning of the electoral process, the Electoral Officer shall prepare and post an updated electoral list indicating by alphabetical order, the names of all eligible voters and allow access to the electoral list to all electors.

3.7 Any elector can request to have the electoral list revised for the following reasons: the name of an elector has been omitted, has been incorrectly spelled, or the name of a person who does not have the right to vote appears on the said list.

3.8 If the Electoral Officer decides that a list needs to be revised, he/she will make the necessary corrections.

3.9 Nomination Procedure A duly registered member of the Wahgoshig First Nation who wishes to become a candidate in an election for the Office of the Chief or Councilor must meet all the requirements and conditions described in this Code and must be nominated by 2 registered members of the Wahgoshig First Nation who are duly recognized as Electors as defined by this code on an official nomination form by the Electoral Officer, either by the mail in nomination or orally at the nomination meeting. Nominations must be received on or by the Nomination Day Meeting.

4. NOMINATION MEETING On the day, time and place in the notice of the nomination, the Electoral Officer must declare that the nomination meeting for the Office of the Chief or Councilor is open and that the nominations will be accepted for at least two (2) consecutive hours. If a nominee is not present to accept/withdraw his/her nomination, a written notice shall be delivered to the

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nominee by the Electoral Officer or Deputy Electoral Officer. If only one person/persons is nominated as a valid candidate/candidates to occupy the position of the Chief or Councilor, the Electoral Officer shall then declare the nominated person/persons validly elected and appointed to the Office of the Chief or Councilor.

4.1 Acceptance/Withdrawal Candidates must file with the Electoral Officer, Deputy Electoral Officer, a Justice of the Peace, a Notary Public or a Commissioner for Oaths an acceptance or withdrawal form within 48hrs after nomination day for the Electoral Officer to prepare the ballots.

Any candidate can withdraw his or her candidacy at any time, but must do so in the fortyeight (48) hours preceding the opening of the advanced polling for the Office for which he/she is running by providing to the Electoral Officer a written statement to this effect, signed by his/her hand in the presence of the Electoral Officer, Deputy Electoral Officer, a Justice of the Peace, a Notary Public or a Commissioner for Oaths.

5. NOTICE OF ELECTION When an election is to be held for the Office of the Chief or Councilor, the Electoral Officer must, at least 35 days prior to Election Day, prepare and post the polling notice and mail out the ballot packages to off reserve members.

On the polling notice you must state the time and place where it will occur, for both the advance poll and election day, and you must indicate the time at which you will count the ballots.

Election Day the poll shall remain open from 9:00 am to 8:00 pm.

6. VOTING METHOD 6.1 Ballots The ballots shall be prepared in the following prescribed manner. There shall be a ballot for the Office of the Chief, a ballot for the Office of the Elder Councilor, a ballot for the Office of the Youth Councilor and a ballot for the Office of the Resident Councilors. The ballots shall have the names of the candidates written in alphabetical order.

6.2 Where two (2) or more candidates have the same name, the Electoral Officer shall add to the ballots, such additional information as is necessary to distinguish between those candidates.

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6.3 The Electoral Officer must procure or obtain as many ballot boxes as there are polling offices and he/she has to prepare a sufficient number of ballots to this effect.

6.4 The Electoral Officer must, before the opening of the voting, bring to the Deputy Officer the ballots and the necessary accessories in the marking of the ballots.

6.5 The Electoral Officer or Deputy Officer must, at the polling station, supply a polling booth where the voters can mark their ballots sheltered from all disruptions and in secrecy.

A police or security officer may be called upon to guard and to maintain the order at the polling office.

6.6 The Electoral Officer or Deputy Officer must, immediately before the opening of the voting, open the ballot box and ask the people to verify that it is empty; then he/she shall seal it appropriately by way that it cannot be opened without breaking the seal, and he/she must place it well in view for the receiving of the ballots. The seal must not be broken and the ballot box must not be opened throughout the duration of the election poll.

6.7 Each candidate may have a duly authorized scrutineer at each polling station. The candidates' scrutineers may not, in any way, speak to the voters, wear, carry or hold any poster or advertising material of a candidate, or try by any means to influence or intimidate the voter.

6.8 At the request of any candidate or of his/her scrutineer, or of any voter, any person who presents himself/herself to vote at an election could be required to properly identify him/her self and take either an Oath or make a solemn written declaration in the manner prescribed by the Electoral Officer, as for his/her right to vote.

7. MAIL-IN BALLOTS 7.1 A voting package for the election of the Chief or Councilors shall be sent by mail to every off-reserve voter 35 days prior to the poll. The said voting package shall consist of: (a) A polling notice (b) Ballot/ballots, initialed on the back by the Electoral Officer; (c) An outer, postage-paid return envelope, pre-addressed to the Electoral Officer; (d) A second inner envelope/envelopes marked "Ballot only": for insertion of the completed (e) ballot", one for the office of Chief, one (1) for the Office of the Elder Councilor, one (1) for the Office of the Youth Councilor, one (1) for the Office of the Resident Councilors

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(f) A voter declaration form accompanying Mail In Ballot (g) Instructions on how to complete the ballot and return it (h) A list of candidates who have been acclaimed 7.2 The Electoral Officer shall indicate on the voters list that a ballot has been provided to each elector to whom a mail-in ballot was mailed or otherwise provided and keep a record of the date on which, and the addresses to which, each mail-in ballot was mailed. If an elector who was mailed a ballot package already, requests another ballot package, they must first fill in a Declaration of Lost or Misplaced Ballot form, unless the address is different from the first ballot package that was mailed to him/her. An elector may also chose to vote in person at the polling station, and their mailing ballot package will not be counted.

7 .3 At the request of an elector who resides on the Reserve of Wahgoshig First Nation, the Electoral Officer shall provide a voting package.

8. ADVANCE POLL The Electoral Officer may conduct an advance poll on the Wahgoshig Reserve one (1) week before the election for either the Office of the Chief or for the election of the Councilors or both, which shall be conducted pursuant to these regulations.

8.1 The advance poll shall remain open from 9 a.m. (Standard Time) until 4 p.m. (Standard Time) on the specified day.

8.2 Immediately following the advance poll, the ballot box shall be sealed and secured and delivered to the police officer in charge, who shall ensure its safe-keeping pending the actual counting of the ballots.

8.3 The ballot box shall be returned to the Electoral Officer on the day set for the election; on that day it shall be examined, in the presence of the police officer in charge and those in the polling station, to ensure that the seal has not been broken.

9. WITHDRAWAL Any candidate can withdraw his or her candidacy at any time, but must do so in the fortyeight (48) hours preceding the opening of the advanced polling for the Office for which he/she is running by providing to the Electoral Officer a written statement to this effect, signed by his/her hand in the presence of the Electoral Officer, Deputy Officer, a Justice of the Peace, a Notary Public, or a Commissioner for Oaths.

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10. ACCLAMATIONS Where the Office of the Chief or any offices of the Councilors are filled by acclamation, the Electoral Officer shall post in at least in one (1) conspicuous public place on the Reserve of the Wahgoshig First Nation, and mail to every elector who does not reside on the said Reserve, a notice that sets out the name(s) of the person(s) who has/have been acclaimed and states that an election will not be held for that/those position(s).

11. VOTING When an elector presents him/her self to vote, the Electoral Officer or Deputy Electoral Officer shall verify the identity of the individual and that the name of this person is registered on the official electoral list and if so, he/she shall be handed a ballot so that he/ she can record his/her vote.

11.1 The Electoral Officer or Deputy Electoral Officer has to place a mark in the appropriate column on the list of voters in regards to the name of the elector who receives a ballot.

11.2 All electors whose names do not appear on the electoral list could vote at an election if the Electoral Officer or Deputy Electoral Officer determines that such a person is eligible to vote and that the person makes a formal affirmation to this effect.

11.3 A person who has refused, when required to take an oath or to make the formal affirmation, shall not receive a ballot and will not be allowed to vote.

11.4 The Electoral Officer or Deputy Electoral Officer shall, when requested, explain the election procedures.

11.5 When a person receives a ballot he/she must immediately proceed to the polling booth in order to mark his/her ballot by an "X", a check mark or other mark that clearly indicates the elector's choice but does not identify the elector, opposite to the name of the candidate or candidates for whom he/she desires to vote for. He/she must then fold the ballot in a manner that conceals the name of the candidates and the marks that appear on the back of the ballot, but also allows the initials of the Electoral Officer to be seen. He/she must hand the ballot to the Electoral Officer or to the Deputy Electoral Officer, who, without unfolding the ballot, has to verify his initials and immediately deposit the slip in the ballot box in the presence of the elector and/or any other person who has the right to be present in the polling office.

11.6 When a voter is in the polling station to mark his/her ballot, no one should, except in the case in paragraph 11.7 below, be admitted in the same polling station nor should anyone be in a position which would allow him/her to see how the voter marks his/her ballot.

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11.7 At the request of any elector who doesn't know how to read or who for reason of a handicap is incapable of voting in the manner set out in paragraph 11.5 above, the Electoral Officer or the Deputy Electoral Officer will authorize someone at the discretion of the elector to accompany the elector in the polling station and help this elector to mark his/her ballot according to the manner indicated by the elector, and to hand the ballot to the Electoral Officer or to the Deputy Electoral Officer.

11.8 The Electoral Officer or the Deputy Electoral Officer shall note on the electoral list in regards to the name of such a voter, in the column for observations, that someone has marked the ballot at the request of that voter and specify the reason.

11.9 Any voter who, by oversight, has used his ballot in a manner which should not be has the right, by giving it back to the Electoral Officer or the Deputy Electoral Officer to obtain another ballot. The Electoral Officer or the Deputy Electoral Officer must then write the word "SPOILED" on the ballot and keep it.

11.10 Any elector who is inside the polling station at the fixed hour for the closing of the poll has the right to vote before the closing of the poll.

12. CLOSING THE POLL 12.1 Immediately after the closing of the polling on election-day, the Electoral Officer or the Deputy Electoral Officer must, in the presence of the community members, open the mail in ballot packages, and deposit the valid ballots into the ballot box. Valid ballots must be accompanied by a declaration form that is signed by the elector and a witness, and also have either or both their date of birth or registry number on declaration form. The Electoral Officer will then open the ballot boxes from the advance polling and from the election-day polling stations, examine the ballots and reject any that were not used or on which: (a) Votes have been registered for more than the required number candidates that there is to be elected; or (b) Appears anything that could make known the identity of the voter.

Ballots should not be nullified nor rejected because of the official initial of the Electoral Officer or the Deputy Electoral Officer appearing on the ballots. A ballot for the Office of the Resident Councilors shall not be rejected even if it has only one candidate marked.

12.2 Immediately after the counting of the ballots, the Electoral Officer must publicly declare elected the candidate or candidates with the largest number of votes, and he/she must also display in a place in public view within the community, a summary signed by his/her hand that indicates the number of votes set down in favor of each candidate.

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12.3 When it happens that two (2) or more candidates obtain an equal number of votes, the Electoral Officer shall recount the votes. If after a recounting of the votes there is still two (2) of more candidates with an equal number of votes, the Electoral Officer shall use the method that was predetermined by Council to break the tie. Such decision shall be made at the same meeting where the Electoral Officer is chosen.

12.4 The Electoral Officer must complete a statement of votes and have witnesses sign the statement. The statement shall include the number of votes for each candidate, spoiled and rejected ballots, and the official candidates that were voted in for Council. The Electoral Officer must submit to Wahgoshig First Nation a copy of the statement of votes.

12.5 The Electoral Officer must submit an Electoral Officer report within 14 days of the election and forward a copy to Wahgoshig First Nation, and mail to off reserve members a copy of the statement of votes.

13. VACANCY 13.1 The Office of the Chief and an office of the Councilor(s) shall become vacant under the following conditions: 13.2 The Office of the Chief or the office of the Councilor(s) shall become vacant when such an individual whom holds that office: (a) Is convicted of an indictable offence; (b) Dies or resigns from office; (c) Is ineligible or becomes ineligible to hold office by virtue of these regulations (d) Is declared to be mentally incompetent by a family physician, a psychiatrist or a court of competent jurisdiction; (e) Misses three (3) consecutive regular Council meetings without the authorization thereby preventing the council from having a quorum of Council; or (f) Engages in any wrongful conduct that places the Chief and Council in ill repute in the eyes of the public and accordingly affects, interrupts or interferes with the performance of his/ her official duties.

13.3 Where a vacancy occurs in the Office of the Chief, that office shall be filled in the interim by the Councilor who has received the highest number of votes during a regular Council meeting where this issue is addressed. The person so chosen to fill this vacancy

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shall become " Deputy Chief' until such time as a by-election is held. Such an interim Office shall not exceed six (6) months from the date of the vacancy. (a) In respect of the resignation of the Chief which occurred on June 11, 2019, no byelection is required to be held, and the Deputy Chief chosen pursuant to section 13.3 shall continue to serve as Deputy Chief, with all the rights and powers thereof, until the regularly scheduled general election in April 2020. This subsection shall take precedence of any inconsistent section or sections of this Code, and any section or sections of this Code which is inconsistent with this section shall have no force or effect to the extent of the inconsistency. This section shall expire and be removed from the Code on the day following the Wahgoshig election for Chief conducted in 2020.”; 13.4 Where a vacancy occurs more than six (6) months prior to the end of the term of Office of the Elected Councilors, a by-election shall be held pursuant to the provisions of this code in regards to nominations and elections procedures.

14. REMOVAL OR DISMISSAL FROM OFFICE 14.1 Where a person holding Office as Chief or as a Councilor is convicted on an indictable offence, he/she shall immediately be dismissed from office. If he/she is successful in his/her appeal, he/she shall immediately be reinstated.

14.2 For the purposes of this Regulation, "wrongful conduct", shall be determined by an Elders Tribunal as defined in section 1 being the definition section of this document.

14.3 Subsection 13.2 does not apply where the "offence" of which the Chief or the Councilor(s) is/are convicted arises out of the exercise of an aboriginal or treaty right or rights that have been approved by a vote of the membership at a General Meeting or Special General Meeting.

14.4 If the duly elected Council or the members of the First Nation generally perceive there is a problem with someone occupying a seat either as Chief or as Councilor, they are obliged to call a meeting with the Elders' Advisory Committee or the Elders Tribunal. The Chief and the Councilor(s) will present their case for or against the person in question. The Elders' Tribunal will hear both sides of the issue and then decide.

14.5 The Elders' Tribunal (or the Elders' Advisory Committee) will have the authority to conduct any investigation and/or research into the matter as they deem it necessary in such manner as they deem expedient, in order to acquire additional facts and to hire the necessary individual(s) to conduct such investigation and/or research on their behalf to

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assist them in making an informed decision on the matter(s) presented before them. The decision of the Eider's Tribunal or the Elders' Advisory Committee shall be rendered within forty (40) days from the date they become seized with the matter.

14.6 Where a person is removed from office for a reason other than the reason enumerated in section 13.2 above, the person so removed shall have the right to appeal the decision of being suspended or dismissed.

14.7 The appeal of the suspension or dismissal from Office of Chief or the Office of Councilor shall be held within sixty (60) days from when the Elders Tribunal or the Elders Advisory committee has become seized with the matter. Further, the appeal shall be decided by a majority vote of the members at a General Meeting or Special General Meeting called for the purpose of hearing the appeal. First, the facts leading to the person's removal from office shall be presented to the members following which; the person removed from office has the right to present his/her case.

15. APPEAL PERIOD 15.1 The Electoral Officer shall keep the ballots in sealed envelopes during at least two (2) weeks or until the end of the processing of the appeal. He/she must thereafter destroy the ballots in the presence of two (2) witnesses who declare being witnesses to their destruction.

15.2 If in the two (2) weeks following the date of an election, a candidate or a voter at the election who has reasonable grounds to believe: (a)

That there was corruption in relation to the election; or

(b) That there was violation of the law or of the present regulation, that could change the outcome of an election; or (c)

That a person presented as a candidate at an election was ineligible.

He/she can appeal by sending to the Electoral Officer by registered mail, the details on which those beliefs are based on.

15.3 The Electoral Officer shall then call a General Assembly of the electors to report on the nature of the appeal and, if deemed necessary, to appoint an Appeal Board formed of an Elder and two (2) electors from the Wahgoshig First Nation who are not concerned or involved in the appeal, the legal advisor of the Wahgoshig First Nation and a member of the Algonquin Anishinabeg from the Algonquin Anishinabeg Nation Tribal Council. If the Electoral Officer does not call this General Assembly of electors, the Wahgoshig First Nation

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Electoral Officer shall not do so as prescribed in this regulation and will act as the Electoral Officer. (a)

The Appeal Board shall investigate and verify the allegations, hear the parties involved without delay and deal with the appeal within two (2) weeks of its appointment.

15.4 Ultimately the Appeal Board could, by consensus, invalidate the election of a candidate and declare elected the candidate having received the next highest number of votes, if necessary, call a byelection or call a general election. The report and the decision of the Appeal Board shall be submitted to the General Assembly of electors for ratification prior to implementation.

16. TRANSITION 16.1 Transition Period Following the election of a new Chief, a one (1) month transition period shall commence, in order to permit a smooth transfer of the responsibilities from the outgoing Chief to the new incumbent Chief. The former Chief and the newly elected Chief shall work together to ensure the continuity of programming and administration. The former Chief shall properly brief the new incumbent on all upcoming meetings, projects and activities.

16.2 During the one (1) month transition period set out in clause 16.1 above, both the former Chief and the new incumbent Chief shall be paid their full salaries.

17. ASSIGNMENTS AND POWERS OF COUNCIL 17.1 In addition to the assignment and powers specifically vested in the Council by Law, the Council's duties and responsibilities shall include: 17.2 The fundamental responsibility of the Wahgoshig First Nation's government, embodied in its duly elected Council, will be to govern and protect, advocate and defend the Aboriginal and Treaty Rights and all other rights and interests, including but not limited to the lands of the members of the Wahgoshig First Nation as well as, to improve the quality of life of the members and the community of the Wahgoshig First Nation.

17.3 The members of the Council, as the duly elected representatives, form the recognized government and the legal entity that has full authority to act on behalf of the members as it relates to matters dealing with the Wahgoshig First Nation Territory.

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17.3 The Council also has the moral and legal responsibility to ensure the delivery of high quality programs and services to the community and all its members by hiring competent personnel, that are qualified to fully administer the provisions and conditions of the services and funding agreements negotiated and signed with the government departments and agencies.

17.4 The Council is operating according to normal democratic rules and, as much as possible, it will try to reach a consensus for any decision making.

17.5 The duly elected Council may, by majority vote of the Council, may make laws relating to all matters within its purview, as enumerated in clauses 17.6 to 17.22 below.

17.6 The duly elected Council, subject to clause 17.22 below, may enact laws governing membership in the Wahgoshig First Nation. Likewise, the duly elected Council, subject to clause 17.22 below may enact laws governing residency on its Reserve or any other land administered or held in trust by the Wahgoshig First Nation for the benefit of all its members.

17.7 The duly elected Council, subject to clause 17.22 below, may enact laws governing the management of lands of the Wahgoshig First Nation.

17.8 The duly elected Council, subject to clause 17.22 below, may enact laws governing the management of fisheries and fish stock, wildlife and wildlife habitat on the Wahgoshig First Nation's Territory.

17.9 The duly elected Council, subject to clause 17.22 below, may enact laws with respect to the property rights on the Wahgoshig First Nation.

17.10 The duly elected Council may enact laws to regulate trade and commerce.

17.11 The duly elected Council may enact laws governing the raising of money by any means including, but not limited to, implementing a system of taxation.

17.12 The duly elected Council may enact laws governing the borrowing of money on credit.

17.13 The duly elected Council may enact laws governing the charging or paying of interest in commercial transactions.

17.14 The duly elected Council may enact laws governing the administering of all commercial licenses and the charging of fees for these licenses within the territorial jurisdiction of the Wahgoshig First Nation.

17.15 The duly elected Council may enact laws governing local works and undertakings within the territorial jurisdiction of the Wahgoshig First Nation.

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17.16 The duly elected Council may enact laws governing the fixing of the providing for salaries, 17.17 The duly elected Council may enact laws governing the establishment, maintenance and management of charities.

17.18 The duly elected Council may enact laws regarding retributory fines or other penalties for Offences committed against any of the laws or regulations made under section 17.5 herein.

17.19 The duly elected Council may appoint individuals to have signing authority on behalf of the Wahgoshig First Nation.

17.20 The duly elected Council may establish a policy and/or guidelines for Electoral Officers.

17.21 The duly elected Council generally may enact laws to deal with all matters of concern to the Wahgoshig First Nation.

17.22 The duly elected Council is bound to consult with those whom it has determined, in accordance with its Citizenship regulations, are Wahgoshig First Nation's original members and the descendants of the said original members, as well as the members recognized as such by the Wahgoshig First Nation and those whom are duly registered on the registered members list of the Wahgoshig First Nation regardless to their residence prior to concluding any transactions or binding the Wahgoshig First Nation in any legal agreement with respect to matters set forth in the clauses above.

18. POWERS OF THE CHIEF 18.1 The Chief is, ex officio, a member of all committees and portfolios and as such, he/she is not entitled to vote on the positions or decisions made by the committees.

18.2 The Chief shall be the chairperson of all meetings of the duly elected Council and, as such, shall call and prepares the agendas. In the absence of the Chief, a chairperson shall be selected by the quorum of Council.

18.3 The Chief shall appoint the Councilors to the positions on committees or to portfolios of the duly elected Council.

18.4 The Chief shall be the political spokesperson, the first officer in authority and the president of the Wahgoshig First Nation.

18.5 The Chief may choose to have someone speak or communicate on his/her behalf, provided the person has been previously appointed by the Chief to do so.

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18.6 The Chief shall, every month, make a public, oral or written report regarding all the activities performed by the Council on behalf of the Wahgoshig First Nation in the preceding month.

18.7 In case of an emergency and when the quorum cannot be obtained rapidly and without notice, the Chief may take any decisions of any kind for the benefit and safety of the community including, but not limited to, the commitment of funds and the hiring or dismissal of (an) employee(s). Such emergency decision(s) must however, be ratified by the Council by way of a resolution at the regular meeting of Council following the said decision(s). In the absence of the Chief, another member of the Council will assume those responsibilities in case of an emergency situation(s).

19. RESPONSIBILITY AND DUTIES OF THE COUNCILORS 19.1 The Councilors and the members of the Wahgoshig First Nation Council have the responsibility to be informed and keep themselves up-to-date on the facts and circumstances that are being dealt with at a Council meeting in order to make well informed decisions and take the necessary positions to advance the best interest of the Wahgoshig First Nation.

19.2 The Councilors and the members of the Wahgoshig First Nation Council have the obligation to vote conscientiously on each resolution before the Council except when they are in a situation of a conflict of interest.

19.3 The Councilors and the members of the Wahgoshig First Nation Council may be mandated to sit on committees, to follow-up on particular files or to represent the Council at specific meetings. Their mandate will not confer them; however, any specific authority except what will be specified by a Band Council Resolution.

19.4 The Councilors and the members of the Wahgoshig First Nation Council shall not interfere with Employees in the management of programs and services unless they have received a specific mandate to do so by the Council or unless it is an emergency situation which requires immediate and appropriate action.

19.5 The Councilors and the members of the Wahgoshig First Nation Council shall remain in close contact with their band members in order to better understand their needs and aspirations and to inform them about the decisions of Council and priorities as well as to the programs and services available to them.

19.6 The Councilors and the members of the Wahgoshig First Nation Council have the obligation to attend all meetings of Council and of the Committees they have been appointed to sit on. Any absence must be justified prior to the meeting.

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20. RESOLUTIONS 20.1 All decisions of the Wahgoshig First Nation Council will be made by duly signed Wahgoshig First Nation Council Resolutions.

21. ACCOUNTABILITY AND TRANSPARENCY 21.1 The duly elected Council shall be totally accountable to the members of the Wahgoshig First Nation.

21.2 The Council shall report all activities it performs as the Wahgoshig First Nation's Government in regular Council meetings that allow monthly band member participation.

21.3 The Council shall make public, all financial transactions, policies, organizational structures, official position papers and plans, approved minutes of the Council meetings and resolutions, approved budgets and financial statements of the Wahgoshig First Nation and it shall make the quarterly financial statements, agendas and minutes of the Council meetings available upon request after the meeting at which they were presented has taken place.

22. MEETINGS AND FREQUENCY 22.1 Council shall meet as often as necessary at the Wahgoshig First Nation Administration Office or at any other location designated by the Chief or by at least three (3) members of the Council.

22.2 When convenient and practical, the Wahgoshig First Nation Council may hold a conference call as often as necessary and for that matter the standard rules shall apply or any other means allowing the elected leaders of the Wahgoshig First Nation Council or other participants if that is the case, to communicate orally amongst themselves. No minimum period of time is required between the time the meeting is called and the time it is held.

Moreover, if some members didn't have the chance to give their consent before the meeting, their consent can be certified by them by their action of signing the minutes of that meeting.

22.3 Pursuant to the provision clause 19.2 herein, the Chief shall chair the Council meetings and conference calls and in the absence of the latter, a chairperson shall be selected by the quorum of the duly elected Council member's participating in the said meeting or conference call.

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22.4 Any decision requesting a resolution of the Wahgoshig First Nation Council, emanating from the conference call or the Council meeting, the said resolution shall be signed in person by the elected Council members who have participated in the said meeting or conference call. The minutes of the proceedings of the said meeting or conference call shall constitute the official record of the meeting.

23. GENERAL MEETINGS 23.1 A General Meeting of the Council shall be held once a month, on the first Monday of each month, to allow monthly band members participation and to allow the Wahgoshig First Nation Council to report all its monthly activities and financial report.

23.2 The Council shall post notice of the time and place of its monthly public meeting, and if for any reason, it is unable to hold it on the first Monday of the month, the Chief shall call the meeting on another day which allows the resident Band members and non-resident Band members to attend.

23.3 An Annual General Assembly and Gathering shall be held once a year in the month of August to allow yearly member participation and to allow the Wahgoshig First Nation Council to report annually to its members on the programs and services delivery and plans, and financial audited statements. The Annual General Assembly and Gathering will also provide the Wahgoshig First Nation members an opportunity to review and assess the priorities of the Wahgoshig First Nation Council and to provide directions to the Council as to new priorities if required.

23.4 A Special General Meeting of the members can be called at any time and place by the Chief and Council of the Wahgoshig First Nation following a request by members and/or when it is required due to circumstances of an urgent nature or emergency situation that may require general membership participation.

24. CONFLICT OF INTEREST CODE FOR THE CHIEF AND COUNCIL The Chief and Council shall conform to the following principles: 24.1 To perform their official duties and arrange their private affairs in such a manner that the public and the Wahgoshig First Nation members have confidence and trust in the integrity, objectivity, impartiality, transparency of the Wahgoshig First Nation Council elected members, individually and collectively.

24.2 To act in a manner that will withstand public scrutiny, an obligation that is not fully discharged by simply acting within the confines of the law.

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24.3 Not to have any private interests, other than those permitted pursuant to the Code, that would affect the actions or decisions the Wahgoshig First Nation Council in which they participate.

24.4 Upon appointment to an Office, and thereafter, to arrange their private affairs in a manner that will prevent real, potential or appearance of conflict of interest from arising, but if such a conflict does arise between the private interest of a person and the official duties of the elected position the conflict shall be resolved in favor of the public interest of the Wahgoshig First Nation.

24.5 Not to solicit or accept the transfers of economic benefit, other than incidental gifts, customary hospitality, or other benefits of nominal value, unless the transfer is made pursuant to a valid and legally enforceable contract or property right of the person that is not related to his/her elected position in the Council of the Wahgoshig First Nation.

24.6 Not to step out of their official roles to assist private entities or persons in their dealings with the Wahgoshig First Nation Council where this would result in preferential treatment to any individual(s).

24.7 Not to knowingly take advantage of, or benefit from, information that is obtained in the course of their official duties and responsibilities as the Chief or as Councilors and that is not generally available to the public.

24.8 Not to directly or indirectly use, or allow the use of the Wahgoshig First Nation Council property of any kind, including property leased to the Wahgoshig First Nation Council, for anything other than officially approved activities.

24.9 Not to act, after they leave their elected office, in such a manner as to take improper advantage of their previous elected Office.

24.10 To avoid or withdraw from activities or situations that would place the person in real, potential or appearance of conflict of interest, relative to his/her official duties and responsibilities.

24.11 Not to give preferential treatment in relation to any official matter to immediate family members, friends or organizations in which the person, family member or friend has an interest. Care must be taken to avoid being placed, or appearing to be placed under obligation to any person or organization that might profit from special considerations.

24.12 Not to hire, participate in the hiring or decision-making process or supervise a member of their immediate family.

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25. TERM OF OFFICE AND EMPLOYMENT 25.1 Any candidate for the Office of the Chief or the Office of a Councilor, who is employed by the Wahgoshig First Nation will be allowed to remain in his/her position commencing the date he/she accepts the nomination to run for Office and until the result of the vote has been declared, as long as the said position does not put him/her in a real, potential or appearance of conflict of interest or put him/her in a position that will affect his/her normal professional duties and as long as he/she performs all and any activities related to his/her candidacy outside the normal business hours of work.

25.2 When a candidate is duly elected to the Office of the Chief, he/she must resign from any paid employment with the Wahgoshig First Nation or any other employer, prior to the first meeting of Council following the election.

25.3 When an employee of the Wahgoshig First Nation is duly elected for Office of a Councilor, he/she will be allowed to remain in his/her position as long as the said Office of Councilor does not put him/her in a real, potential or appearance of conflict of interest in relation to his/her employment position or put him/her in a position that will affect his/her normal professional duties.

26. AMENDMENTS AND REPEALS 26.1 These regulations entitled "Wahgoshig First Nation Governance and Custom Election Code" may be amended or repealed by the Governing Council upon the following conditions: 26.2 The Governing Council must post a notice and mail the said notice to the Wahgoshig First Nation members who do not reside on the Wahgoshig Reserve, of its intention to amend or repeal some portion of the regulations herein or to amend or repeal some portion of the related rules or policies that may subsequently come into force. This notice further advises the members of the Wahgoshig First Nation that a public forum will be held to discuss the proposed changes; the date set for this public forum shall not be less than thirty (30) days prior to the date that the Governing Council proposes to change the regulations or the policies.

26.3 Following the public consultation, the Governing Council may make the proposed changes herein, or amendments or repeals to any related rules or policies that may subsequently come into force, and the same must be sanctioned by the majority of the Governing Council.

26.4 Any amendments or repeals to any of the clauses, paragraphs or sections of the election code or regulations herein, or amendments or repeals to any related rules or

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policies that may subsequently come into force, must be sanctioned by the majority of the Governing Council.

26.5 Any changes to any of these regulations or to any related rules or policies subsequently enacted hereunder must be posted for public viewing, in full public view in a public place and mailed to the Wahgoshig First Nation members who do not reside on the Wahgoshig Reserve and who wish to get a copy of the said changes.

26.6 All of the provisions of clauses 26.1 to 26.5 apply equally to any new legislation that may, from time-to-time, be enacted by the Governing Council and to any subsequent regulations, rules, policies or by-laws that may become the law of the Wahgoshig First Nation.

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