DRAFT

TERMS OF REFERENCE

COWICHAN TRIBES

COMMUNITY WORKING

GROUP:

CONSTITUTION/

GOVERNANCE

ELECTORAL CODE

DEVELOPMENT

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 Table Of Contents:
Draft Terms Of Reference Cover Page……………………………………………….…....1

Table of Contents…………………………………………………………..…………………..2

Draft Terms of Reference; Development.…………………..………………………….….3

Cowichan Tribes Election Code Preamble……………………………………….…….…4

Cowichan Tribes Council………………………………………………………………….….5

Terms Of Office…………………………………………………………………………….…...6

Eligible Electors………………………………………………………………………………....7

Eligible Candidates…………………………………………………………………………....7

Electoral Officer…………………………………………………………………………….…..7

Pre-Nomination Procedure………………………………………………………………...…8

Nomination Eligibility……………………………………………………………………….…..9

Withdrawal……………………………………………………………………………………..10

Nomination Meeting…………………………………………………………………………11

Pre-Election Procedure………………………………………………………………………11

Mail-In………………………………………………………………………………………...…12

Polling Day……………………………………………………………………………………..13

Voting Irregularities………………………………………..……………………………….…14

Election Tabulation…………………………………………………………………………...15

Tie……………………………………………………………………………………………...…15

Appeal Process………………………………………………………………………………..17

New General Election Review……………………………………………………………..18

Amendments…………………………………………………………………………………..19

General…………………………………………………………………………………………19

Appendix I: Oath Of Office…………………………………………………………...…….20

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 Cowichan Tribes
Election Code Preamble

WHEREAS, the members of the Cowichan Tribes have determined that is desirable and
necessary for the good governance of the Cowichan Tribes and in accordance with the
right of the Cowichan Tribes to Self-Government, and create a safe, secure environment
to adopt an Election Code.

NOW THEREFORE, the members of the Cowichan Tribes hereby adopt the following
Election Code.

Title

1. This Code shall be cited as the “Cowichan Tribes Election Code.”

Interpretation

2. In this Code:

“Ballot” means a document in use at the poll to determine an elector’s selection for Chief
and Councillors of the Cowichan Tribes Council.

“Candidate” means a Cowichan member who:

a) Is at least 18 years of age on the date of the nomination meeting; and

b) Has been nominated to be a candidate pursuant to the provision of this Code.

“Chief” means the member of the Cowichan Tribes elected to be head of the
Cowichan Tribes Council pursuant to the provisions of this Code.

“Code” means the Cowichan Tribes Election Code.

“Councillor” means a member of the Cowichan Tribes elected as a Councillor pursuant to

the provisions of this Code.

“Cowichan Tribes Council” mean those candidates elected to the position of Chief or
Councillor pursuant to an election held in accordance with this Code.

“Criminal Conviction” means a conviction of an indictable offence pursuant to the

Criminal Code (Canada) R.S.C. 1985, c. C-46, as amended from time to time including
any amendments made after this Code is adopted.

“Deputy Electoral Officer” means any person appointed by the Electoral Officer for the
purposes of a Cowichan Tribes election.

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“Election” means a vote of the members of the Cowichan Tribes to elect the Chief and
Councillors of the Cowichan Tribes held pursuant to the provisions of this Code.

“Elector” means a person who:

a) Is a member of the Cowichan Tribes;

b) Is 18 years of age;

c) Is eligible to vote in an election held in accordance with this Code; and

d) Is a resident within the Cowichan Valley.

“Electoral Officer” means a person who is not a member of the Cowichan Tribes, who is
over 18 years of age, of good character and reputation, and who does not have a vested
interest in the outcome of the election.

“Majority” means a minimum of 51% of the votes at a duly convened meeting or the
most votes cast for a single candidate in an election held in accordance with this Code.

“Member” means any person who is or is entitled to be registered as a member of

Cowichan Tribes.

“Membership List” means a listing of all those persons that are registered as a member of
Cowichan Tribes.

“Nominee” means a member of Cowichan Tribes that has been nominated for office.

“Scrutineer” means a person who examines the electoral process on the polling day for
purposes of ensuring the procedure has been complied with.

“Voters List” means a current listing of all eligible electors of the Cowichan Tribes.

Cowichan Tribes Council

3. For the good government of Cowichan Tribes, the Cowichan Tribes Council shall
consist of one Chief and one Councillor per 100 band members with no less than two
Councillors and no more than 12 Councillors. (Discussion held regarding breaking the
number of Councillors into the 9 communities of Cowichan based on population. Need to
think about how much this would work. The key is equal representation).

4. No Cowichan Tribes member shall hold more than one office with the Cowichan
Tribes at one time.

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5. Each person on the Cowichan Tribes Council shall agree to conduct themselves at all
times in the best interests of the Cowichan Tribes.

6. The Chief and Councillors shall be elected by the majority of votes cast by the electors
in an election held in accordance with this Code.

Terms Of Office

7. Subject to Section 9 and 10 of this Code, the term in office for the Cowichan Tribes
Council shall be for four (4) years.

8. If the Chief or a Councillor has been convicted of an indictable offence since his/her
election then the Chief or that Councillor shall be disqualified and a vacancy of office
shall result.

9. A vacancy of office shall result if the Chief or Councillor:

a) Dies;

b) Submits a written resignation to the Cowichan Tribes Council;

c) Has a been convicted of an indictable offence while in office;

d) Without just cause is absent from three consecutive duly convened Council
Meetings;

e) Violates this code and/or his or her Oath of Office of the Code of Ethics;

f) Fails to maintain a standard of conduct expected of a Member of Council;

g) Accepts or offers a bribe, forges a Council document or otherwise acted

dishonestly in his/her role;

h) Was negligent in failing to ensure the safety and protection of the community
members and property;

i) Abuse his office such that the conduct negatively affected the dignity and
integrity of the community or of council;

j) Encourages others to commit any of the above; or

k) Does such other conduct as shall be determined by council to be of such a

serious nature that the removal is necessary and appropriate.

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10. If a vacancy occurs on Cowichan Tribes Council, the vacancy shall be filled by the
candidate who is still eligible to hold office and who received the highest number of
votes among the unsuccessful candidates in the election in which the person who is being
replaced was elected. If there is a subsequent vacancy, it shall be filled by the candidate
who is still eligible to hold office and who received the next highest number of votes
among the unsuccessful candidates. A person filling such a vacancy shall serve until the
balance of the term of the person who created the vacancy expires.

Eligible Electors

11. All electors of the Cowichan Tribes are eligible to vote in an election for the
Cowichan Tribes Council and members that have attained the age of 18 years before the
polling day and are not disqualified from voting are eligible to be on the voters list.

Eligible Candidates

12. Have attained the age of 18 years on polling day; lives within the Cowichan Valley.
Have no conviction of criminal charges, and must produce valid proof within two weeks
after nomination.

OR: At the nomination meeting each candidate must produce a nomination form
complete with the nominators’ name, seconders’ name along with ten signatures
supporting you.

Electoral Officer

13. The Electoral Officer shall not be a Cowichan Tribes member and will be appointed
by the Cowichan Tribes Council. The Electoral Officer shall be appointed by a Band
Council Resolution, which will contain his or her full name, the date and time of the
nomination meeting, the type of election, which is to be held, as well as any special
instructions.

14. The Electoral Officer shall be appointed not less than 30 days before a nomination
meeting is held.

15. If there is no Cowichan Tribes Council in office 30 days before a nomination

meeting is held, the Electoral Officer shall be appointed by a special meeting of the
electors specifically held for that purpose. The electors will nominate candidates and the
Electoral Officer shall be chosen by majority vote.

16. The Electoral Officer shall chair all nominations meetings.

17. The Electoral Officer shall be responsible for:

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 a) Supervising Deputy Electoral Officer(s);

b) Determining eligibility of electors in accordance with list which will be

provided by the Indian Registry Administrator at Cowichan Tribes to the
Electoral Officer at least 79 days before the day on which an election is to be
held. The Electoral Officer shall obtain the names of all Band Members who will
have attained the age of 18 on the date on which the election is to be held, as well
as the band membership number and date of birth of each;

c) Contacting all nominees within 24 hours after the end of the nomination
meeting;

d) Establishing polling stations;

e) Printing, distributing and counting ballots;

f) Posting of results of the poll and submitting results to the appropriate locations
(agencies or offices);

g) Supervision of Scrutineers;

h) Any other matter relevant to proper conduct at each polling station;

i) Assist Cowichan Tribes Council on days of nomination meetings and polling;

j) Identify top three (3) unsuccessful candidates who are still eligible to hold
office and who received the highest number of votes; the unsuccessful candidates
in the election to be used in the event of a vacancy at Cowichan Tribes Council;

k) In the event of a tie for Chief or Councillor position, the Electoral Officer will
oversee the process; and

l) Other issues that is pertinent for the election.

18. The failure of the Electoral Officer to immediately post or forward the results of the
poll shall not render the results void.

Pre-Nomination Procedure

19. The Electoral Officer shall prepare a voters list containing the names of all the
electors in alphabetical order.

20. The Electoral Officer shall establish an election file and place on this file copies of
all documentation associated with the election, and that file shall remain open until such

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time as the appeal period of 14 days has expired. The file shall then be closed and kept at
the Cowichan Tribes Administration Office.

21. The Electoral Officer shall, at least 30 days prior to the date of the nomination
meeting, post a notice of the nomination meeting.

22. The notice of the nomination meeting shall contain and set out:

a) The voters list;

b) The criteria to be candidates;

c) The time, date and place of the nomination meeting;

d) The position or positions open for election; and

e) A copy of this Code.

23. The notice of the nomination meeting shall be posted in the Cowichan Tribes
Administration Office and other public places, as the Electoral Officer deems necessary.

24. In the case of a general election, the date of the nomination meeting shall be at least
forty-two (42) days prior to the date of the election.

Nomination Eligibility

25. Only electors may nominate or second a nomination of a candidate.

26. Only electors who meet the requirements of a candidate as set out in this Code may
be nominated as a candidate. Have not been convicted of an indictable or felony charges
within the last ten years. Provided that the conviction is not for Aboriginal Rights.

27. If the nominee is present at the nomination meeting, he/she shall sign the following
documents:

a) A notice of acceptance of nominations; and

b) A sworn declaration confirming their eligibility as a candidate.

28. No elector can nominate or second more than four candidates, one for Chief and
three for Councillor. (One of the options discussed here is that you would submit your
nomination form declaring your candidacy and then those are the only people that are
nominated and seconded at the nomination meeting. This way you avoid the huge
number candidate and ridiculous candidates being nominated at the meeting. You then
only get people that are interested in running).

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29. A candidate may run for the positions of both Chief and Councillor. If the candidate
is elected to both positions, he or she must choose the position of Chief. If the candidate
fails to be elected as Chief, he or she will be a Councillor provided that he or she received
a sufficient number of votes to be elected Councillor.

30. A person is not disqualified from nomination for the office or Chief or Councillors
by reason only of being an employee of the Cowichan Tribes. If the person is elected as
either Chief or Councillor, he or she must resign as a Cowichan Tribes employee before
taking office.

31. Those electors nominated for the office of Chief or for Councillor shall indicate their
willingness to stand as a candidate in writing and deliver it to the Electoral Officer within
96 hours after the end of the nomination meeting.

32. All candidates who accept their nomination must provide the Electoral Officer,
within seven (7) days, a short one-page profile that will be made available to the electors.

33. All candidates for the position of Chief must post a deposit of $100.

34. All candidates for the position of Councillor must post a deposit of $100.

35. The deposit shall be in the form of cash, money order, or certified cheque.

36. If the deposit takes the form of a certified cheque or money order, the instrument
shall be made payable to the Cowichan Tribes.

37. All funds received as deposits during the election process, including those funds
received pursuant to Sections 34 and 35, shall be placed in a special bank account which
contains only those funds. The funds shall be held in trust by the Electoral Officer in this
account and then paid out according the provisions of this Code.

Withdrawal

38. A candidate may withdraw his or her candidacy within 5 days of the date on which
the nomination meeting was held by submitting a written withdrawal of nomination to the
Electoral Officer.

39. A candidate who withdraws shall forfeit his deposit.

40. A candidate who dies before the close of the polls shall be considered to have
withdrawn his candidacy.
Nomination Meeting
(this would have to be adjusted if you went
with candidates submitting their own nominations)

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41. At the time and place advertised, the Electoral Officer shall declare the nomination
meeting open for the purpose of receiving nominations of candidates for the positions
advertised.

42. An elector does not have to be in attendance at the nominations meeting to be

nominated as a candidate. As soon as practical after the end of the nomination meeting,
the Electoral Officer shall notify any nominated candidate who was not present at the
meeting to inform the person(s) that they have been nominated.

43. The Electoral Officer shall open the nomination meeting for a minimum of two hours
or until such time as all nominations from electors present have been received, whichever
shall last occur, and thereafter, the meeting may be closed at the direction of the Electoral
Officer.

44. Mail-in or faxed nominations must be received one day prior to the nomination
meeting and must include the person(s) name being nominated and it must be signed by a
nominator and a seconder.

45. The Electoral Officer shall maintain order at all times during the nomination meeting
and may cause to be removed any person who, in his or her opinion, is disrupting or
otherwise interfering with the meeting.

46. Subject to Section 28, any elector may propose or second a nomination of any
qualified person to serve as the Chief or Councillor. The Electoral Officer shall record the
name of the candidate, the nominator, and the seconder and shall confirm to the meeting
that the proposed candidate is eligible to be elected to the position of Chief or Councillor
of the Cowichan Tribes.

47. In the event that the number of nominees equals the number of seats available, the
Electoral Officer shall declare those nominees to be elected by acclamation and recorded
accordingly.

48. In the event there are insufficient nominees, another nomination meeting shall be
conducted prior to polling day.

49. If the number of nominees exceeds the number of positions open for election, the
Electoral Officer will announce the date of the election.

Pre-Election Procedure

50. The Electoral Officer, or a Deputy Electoral Officer at the direction of the Electoral
Officer, shall without undue delay, post a notice setting out the date, time and place for
voting. Such notice shall be posted in the Cowichan Tribes Administration Office and
other conspicuous public places as deemed necessary by the Electoral Officer. This
notice shall be used posted not less than 14 days prior to the date selected for the election.

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51. There will be established at least one (1) polling station, at the location clearly set out
on the notice.

52. The Electoral Officer, or a Deputy Electoral Officer at the direction of the Electoral
Officer, shall have ballots prepared in the form prescribed and list on the ballots full and
complete names, in alphabetical order, of all candidates for Cowichan Tribes Chief and
Council.

53. The Electoral Officer or a Deputy Electoral Officer at the direction of the Electoral
Officer, shall obtain sufficient ballot boxes, a sufficient number of ballots for the purpose
of the election, instruments for making, a sufficient number of directions for voting as
may be required, and all other equipment as necessary to establish and equip the voting
location.

54. The Electoral Officer, or a Deputy Electoral Officer at the direction of the Electoral
Officer, shall construct or erect polling booths at the location set out in the notice, and the
polling booths shall be such that the privacy of the voter is maintained.

55. The Electoral Officer, or a Deputy Electoral Officer at the direction of the Electoral
Officer, shall where necessary and when requested, appoint an interpreter for:

a) All electors who have Hul’qumi’num as a first language, or are unable to read,
or are unable because of blindness or other physical cause, to vote in the manner
prescribed by Section 59; and

b) The interpreter, and no other person, shall assist such voter in the presence of
only either the Electoral Officer, or a Deputy Electoral Officer, in the polling
place. And the Electoral Officer, or a Deputy Electoral Officer shall place the
marked ballot in the box where the elector is physically unable.

56. Cowichan Tribes General Manager shall organize and chair one Candidate’s Forum
for Chief and Councillor Candidates prior to polling day.

Mail-In

57. Mail in votes shall be allowed but must be received prior to election day and must be
kept sealed until the vote on election day.

58. One person shall be appointed by the Electoral Officer to receive, stamp and log all
faxed, mail-in and hand delivered ballot(s).

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 Polling Day

59. On the polling day, the polling station shall be open from 8:00 a.m. and remain open
until 8:00 p.m. of the same day.

60. The polling stations shall be determined by the Electoral Officer and announced in
notice of the nomination meeting.

61. The Electoral Officer, with such appointed Deputy Electoral Officers as he or she
deems necessary, shall be in attendance at the time and place as is set out in the notice of
poll. The Electoral Officer shall not be allowed to vote in the election.

62. The Electoral Officer shall, immediately before the commencement of the poll, open
the ballot box and call such persons, as may be present, to witness that it is empty. The
Electoral Officer shall then lock the box to prevent it from being opened and shall place it
in view for the reception of the ballots and the box shall not be unlocked during the time
appointed for taking the poll.

63. The polling station shall be under the Electoral Officer or a Deputy Electoral
Officer(s). They may cause to be removed any person who in anyway interferes,
disrupts, or attempts to influence the orderly conduct of the poll.

64. The polling station shall have an approved voters list posted in a conspicuous
location.

65. Each elector who presents himself or herself at a polling station for the purpose of
voting, after being confirmed by the Electoral Officer or a Deputy Electoral Officer as an
elector shall be issued:

a) Two (2) ballots, each of a different colour. One which contains a list of all the
candidates for Chief, and the other which contains a list of all the candidates for
Councillors; and

b) Shall have their name marked on the voters list.

66. All electors are entitled to cast their ballot(s) once only.

67. The Electoral Officer or a Deputy Electoral Officer shall initial the back of each
ballot immediately before giving it to an elector.

68. Each elector, after receiving a ballot, shall proceed to the place provided for marking
ballots, and shall mark his or her ballot by placing a cross, ‘x’, or other mark that clearly
indicates the elector’s choice, in the space provided on each ballot opposite the name of
the candidate, and shall then deposit the ballot in the ballot box provided. While any
elector is in the place for marking ballots, no other person, except as provided for in

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section 48, shall be allowed in the same compartment or be in any position from where
they can see how the elector is voting.

69. A mistake on the ballot for Chief does not affect the ballot for Councillor and vise
versa.

Voting Irregularities

70. At the request of any elector who is unable to vote in the manner set out in Section
59, the Electoral Officer or Deputy Electoral Officer shall assist the elector by marking
his ballot in the manner directed by the elector in the presence of another elector selected
by the elector as a witness and shall place the ballot in the ballot box.

71. The Electoral Officer or Deputy Electoral Officer shall note on the voters list
opposite the name of an elector requiring assistance, as set out in Section 71, the fact that
he marked the ballot at the request of the elector and the reasons.

72. An elector, who has inadvertently dealt with his or her ballot(s) in such a manner that
it cannot be conveniently used, shall return it to the Electoral Officer or a Deputy
Electoral Officer who shall write the word “cancelled” upon the ballot(s) and preserve it,
and the elector will then be given a fresh ballot.

73. An elector who has received a ballot or ballots and who leaves the polling place
without delivering the same to the Electoral Officer or a Deputy Electoral Officer in the
manner provided, or after receiving the ballot(s), refuses to vote, shall forfeit the right to
vote at the election, and the Electoral Officer or a Deputy Electoral Officer shall make an
entry in the voters list in the column for remarks opposite the name of the elector to show
that the elector received ballot(s) and declined to vote.

74. If the elector refuses to vote, the Electoral Officer or a Deputy Electoral Officer shall
mark upon the face of the ballot the word “declined” and all ballots so marked shall be
preserved.

75. Any person who is a Cowichan Tribes member who is at least 18 years of age and
eligible to vote, but whose name does not appear on the voters list, may present
identification and evidence of membership to be verified by the Electoral Officer or a
Deputy Electoral Officer, and if the Electoral Officer or a Deputy Electoral Officer is
satisfied that the person is eligible to vote pursuant to the Code, the person’s name shall
be added to the voters list and the person shall be allowed to vote at the polling station.

76. Every elector who is in the polling place at 8:00 p.m. shall be entitled to vote before
the polls are closed.

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77. Each candidate listed on a ballot will be entitled to appoint one Scrutineer to be an
observer for the duration of the poll being open. However, the Scrutineers shall not
intervene, interfere or observe the marking of a ballot by an elder at the polling station.

Election Tabulation

78. All ballots shall be counted at the time that polling stations are closed and the results
posted within 24 hours after the polls are closed.

79. Immediately following the close of the poll, the Electoral Officer shall, in the
presence of the candidates or their agents, and any elector as may be present, open the
ballot box or boxes, and:

a) Examine the ballots and reject any that are not initialed by the Electoral
Officer or a Deputy Electoral Officer, or any other ballots that, in the Electoral
Officer’s opinion, do not give a clear indication of the elector’s selections. If any
of the ballots have more votes than there are vacancies for the position, those
ballots shall be rejected. All rejected ballots papers shall be preserved;

b) Reject any ballots upon which have markings by which the elector can be
identified;

c) Subject to review on the recount or on an election appeal, take a note of any

objections made by any candidate or his agent to any of the ballots found in the
ballot box and decide any questions arising out of the objections;

d) Number such objections and place a corresponding number on the back of the
ballot paper with the word “allowed” or “disallowed” as the case may be with the
Elector Officer’s initials; and,

e) Count the votes given for each candidate from the ballots not rejected and
make a written statement of the number of votes given to each candidate and of
the number of ballots rejected and not counted by the Electoral Officer, and the
statement shall then by signed by the Electoral Officer and other persons
authorized to be present as may desire to sign the statement.

80. In the event of a tie vote for a Council position, the Electoral Officer shall hold a
recount immediately and this recount shall be final, subject to a successful appeal.

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 Tie

81. If it is not possible to determine the successful candidate(s) for either a Chief or
Councillor position due to an equal number of votes being cast (tie vote), the Electoral
Officer shall establish a time for the conduct of a recount and publicly announce this time
in the presence of all those present in the polling station.

82. A recount conducted pursuant to Section 70 must take place within 24 hours of the
announcement by the Electoral Officer made pursuant to Section 70, in the presence of
the candidates and their agents who wish to attend.

83. At the time established pursuant to Section 70, the Electoral Officer shall conduct a
recount of the valid ballots.

84a. If the recount fails to determine a successful candidate, the Electoral Officer shall
cast ballots in order to break the tie. The Electoral Officer shall place the names of the
candidates having the same number of votes on a paper and place each in a receptacle.
Without looking, he shall draw as many papers as there are positions available. The
candidate(s) whose name(s) appear on the pieces of paper the Electoral Officer has drawn
from the receptacle shall constitute the candidate(s) for whom the Electoral Officer shall
cast a vote.
OR:
84b. After a tie vote has been declared, the Electoral Officer shall then immediately
announce that another vote will be conducted thirty (30) days from the date on which the
tie votes was declared. Only those candidates who had the tie vote will be eligible to
have their name on the ballot of the subsequent election.

85. After tabulation, the Electoral Officer shall announce the names of the candidates
that received the highest numbers of votes and publicly declare these candidates elected.

86. Following the announcement, the Electoral Officer shall post, in conspicuous places,
a statement signed by her showing the number of votes cast for each candidate.

87. Following the electoral announcement, the Electoral Officer shall complete and sign
an election report, in triplicate, which shall contain:

a) A list of all candidates;

b) The number of ballots cast;

c) The number of votes cast for each candidate;

d) The number of spoiled ballots;

e) The number of rejected ballots; and

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 f) The number of assisted or interpreted electors.

88. The Electoral Officer shall forward a copy of the report to:

a) The Chief and Council of Cowichan Tribes; and

b) The Cowichan Tribes General Manager.

89. Terms:

a) Inauguration Ceremony
nd
b) Set a standard voting day (2 Tuesday of December)

c) Establish Governance Code.

90. Each newly elected member of the Cowichan Tribes Council shall take an Oath of
Office (Appendix I) and sign the Conflict of Interest document at a Special Band
Meeting.

Appeal Process

91. Any candidate in the election, or any elector who voted in an election, may, within
fourteen (14) days {or 30 days} of the poll, appeal the election to the Electoral Appeal
Board if the candidate or elector has reasonable grounds for believing that there was an
error or violation of this Code during the election process that might have affected the
outcome of the election.

92. An appeal submitted to the Appeal Board must:

a) Be in writing and set out in an affidavit sworn before a Notary Public or Duly
Appointed Commissioner for taking oaths the facts substantiating the grounds for
the appeal accompanied by any supporting documentations; and

b) Be accompanied by a deposit in the amount of $25.00.

93. Grounds for an appeal may include the following:

a) Fraudulent practice in connection with the election;

b) Undue influence, coercion, manipulation during the election process;

c) Double voting;

d) Tampering with the ballots and/or the ballot box; or

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 e) Interfering with the election process.

94. The decision of Electoral Appeal Board is final and binding.

New General Election Review

95. The Election Code Committee may review the Code in two years, or as necessary, or
required. Items for possible review include:

a) How is the Election Code Committee determined?

b) Will changes go to community to vote on?

c) What is the amending formula?

d) Will Chief & Council establish a committee? May appoint 3 community

members, and 2 Councillors.

96. Upon receipt of an amendment proposal, Council shall prepare a notice that sets out:

a) A summary of the proposed amendments to this Code;

b) A statement that the full copy of the proposed amendments can be obtained at
the Band Administration Office; and

c) A description of the amendment process.

97. The notice provided for in Section 84 shall be:

a) Published in the community’s newsletter, delivered or mailed to band electors,

or by separate notice delivered or mailed to all band electors; and

b) Posted in at least one conspicuous place on the reserve. Electors may within
14 days of publication of the notice outlined in Section 84, provide comments
concerning the proposed amendments in writing to council;

c) Following receipt of comments concerning the proposed amendments pursuant

to Section 86, the Council shall review the comments and make such changes to
the proposed amendments as they deem necessary in order to arrive at a final
amendment proposal;

d) The council shall submit the final amendment proposal to a community vote to
be conducted in accordance with the {?};

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 e) Should the majority of the votes cast at a community vote be in favour of the
proposed amendments being brought to the Code, Council shall amend the Code
accordingly;

f) Elections held under the amended code shall take place no sooner than 100
days from the community vote.

Amendments

98. The Cowichan Tribes Council may propose any changes to the Code. The changes
must be posted in at least two conspicuous places in the community and upon request the
Council must provide a copy to Cowichan Tribes members.

99. If a challenge is received, regarding the proposed changes, the Chief and Council
must address these concerns prior to presenting the proposed changes to the general
membership for approval.

100. The Cowichan Tribes Council shall hold a meeting of the membership, seeking
approval for the proposed changes.

101. Notice of the meeting to approve proposed changes, must be posted in the
Cowichan Tribes Administration Office and at other conspicuous places in the
community, at least fourteen (14) days prior to the meeting.

102. To take effect, the proposed changes must be approved by the majority of the
Cowichan Tribes members who are eligible to vote.

General

103. If any provision of this Code, or the application thereof to any circumstances, shall
be held to be invalid or unenforceable, then the remaining provisions of this Code, or the
application thereto to other circumstances, shall not be affected thereby and shall be held
valid and enforceable to the full extent permitted by law.

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 Appendix I

Oath Of Office

I ________________, Chief /Councillor of the Cowichan Tribes, do hereby declare that I

will duly and faithfully, and to the best of my skill and knowledge, execute the powers and
trusts reposed to me by the members of the Cowichan Tribes.

Page 19 of 19