Contenu de la décision
CARRY THE KETTLE NAKODA FIRST NATION PANDEMIC REFERENDUM BYLAW WHEREAS: a. the designation of land by the Carry the Kettle Nakoda First Nation (the .. Nation") requires the assent of the members of the Nation through a referendum held in accordance with the Indian Referendum Regulations, CRC, c 957 (the "Designation Vote"); b. on March 11, 2020, the World Health Organization declared COVID-19 a global pandemic; c. on November 5, 2020, Dr. Saqib Shahab, Chief Medical Health Officer for the Province of Saskatchewan made a Public Health Order under Section 38 and Subsection 45(2) of The Public Health Act, 1994 to decrease or eliminate the risk to health presented by COVID-19, and as subsequently amended; d. the Nation deems the holding of referendums in accordance with the Indian Referendum Regulations essential to the proper administration of the Nation and is hereby enacting this bylaw to mitigate the potential exposure and spread of COVID-19; e. the Nation, in accordance with its inherent right to self-determination, has an obligation to ensure the health and safety of its members when conducting a referendum in accordance with the Indian Referendum Regulations; f. the Nation has the jurisdiction to enact bylaws addressing the health and safety of members of the Nation pursuant to its inherent right to self-determination and pursuant to paragraph 81(1)(a) of the Indian Act, RSC 1985, c I-5; and g. the Nation's Chief and Council (collectively, "Council") deems it to be in the Nation's best interests to enact this Pandemic Referendum Bylaw to establish the rules and measures to be taken by the Nation during the Designation Vote, effective as of the date referenced below. 23146229v6
NOW, THEREFORE, COUNCIL HEREBY ESTABLISHES AND ENACTS THIS PANDEMIC REFERENDUM BYLAW: l. Definitions a. In this Bylaw: 1. "Bylaw" means this Pandemic Referendum Bylaw; ii. "Information Meetings" means information meetings held pursuant to s. 4.3 of the Regulations; m. "Platform" means and electronic communication technology platform; iv. "Polling Station" means any one or more buildings used by the Electoral Officer or the Deputy Electoral Officer for the purposes of installing and operating polling stations for the Designation Vote; and v. "Regulations" means the Indian Referendum Regulations. b. Capitalized terms used herein and not otherwise defined herein shall have the meaning assigned to them in the Regulations unless the context shall otherwise require. 2. Information Meetings a. All Information Meetings may be held remotely by the Electoral Officer using one or more Platforms as determined by the Electoral Officer. b. Platforms utilized by the Electoral Officer shall allow for questions to be submitted electronically during the Information Meetings. c. If an Information Meeting is held remotely, the notice of referendum pursuant to paragraph 4.2(2)(f) of the Regulations shall include, in addition to the date, time and location, instructions on how to access the Information Meeting, including contact information for a Deputy Electoral Officer and, if applicable, information for signing into a Platform. d. A Deputy Electoral Officer shall be available by phone at least thirty (30) minutes prior to the Information Meeting and for the duration of the Information Meeting to assist Electors in accessing the Information Meeting remotely. 23l46229v6
e. If the Electoral Officer holds an Information Meeting that is not held remotely, such a meeting shall comply with the requirements set out in paragraph 2(e). 3. Mail-in Ballots a. An Elector who is not entitled to receive a ballot under paragraph 4.2(1 )(b) of the Regulations may request a mail-in ballot from the Electoral Officer or Deputy Electoral Officer prior to the close of the Polling Stations. b. An Elector who receives a mail-in ballot pursuant to paragraph 4.2(l)(b) of the Regulations or paragraph 3(a) of this Bylaw may submit the mail-in ballot to the Electoral Officer by delivering or mailing the ballot in accordance with section 5.1 of the Regulations. c. An Elector who receives a mail-in ballot pursuant to paragraph 3(a) of this Bylaw may request that the Electoral Officer or Deputy Electoral Officer pick-up the mail-in ballot at any time prior to the close of the Polling Station and, provided that the requirements in paragpraph 5. l (I)(a ) through ( e) have been met, the mail-in ballot shall be deemed to have been delivered in accordance with the Regulations if the Electoral Officer or Deputy Electoral Officer, as applicable, receives the mail-in ballot before the close of the Polling Station. d. For greater certainty, the term "electoral officer" in paragraph 5. 1( l )(f) and subsection 5. I ( 6) of the Regulations, shall be deemed to include the Deputy Electoral Officer. 4. Polling Station a. At the Polling Station established by the Electoral Officer, the Nation, the Electoral Officer and the Deputy Electoral Officers shall, in addition to any requirements set out in the Regulations: t. Place a transparent protective screen, with a pass gap to hand ballots and pencils, between Electors and the Electoral Officer or Deputy Electoral Officers; 11. Place appropriate signage informing Electors of the requirements imposed by this Bylaw; iii. Provide sanitizer at each entrance and exit to the Polling Station, as well as prominent locations throughout the Polling Station; tv. Mark designated pathways, along with markings every two meters; v. Ensure Electors are wearing masks and maintaining a safe distance from each other at all times; 23146229v6
v1. Provide disposable masks to any Elector that does not have a mask; vii. Provide a pencil to mark the ballot that has not been used by another Elector or has been cleaned with sanitizer since being used by another Elector; vm. Clean high-touched surface areas frequently, such as ballot boxes, desks, tables, the compartment where the Elector shall mark his ballot, railings, washrooms, doorknobs, light switches and seating areas; 1x. Conduct tempature screening of every person prior to entering the Polling Station with a non-contact thermometer, and if the thermometer indicates a tempature above 38 Celsius deny entry to that person; x. Place a self-screening tool at the entrance instructing every person to complete a self-assessment upon arrival to confirm they have not tested positive for COVID-19, are not showing symptoms of COVID-19, and have not been travelling outside of Saskatchewan in the past 14 days; x1. Ensure that there are stand-by Deputy Electoral Officers in case the Electoral Officer or a Deputy Electoral Officer begins experiencing symptoms of COVID-19; xii. Limit occupancy at each Polling Station to ensure there is sufficient space to allow for a safe distance of 2 meters from each other at all times; and b. At each Polling Station, every person shall: 1. Wear a mask that covers their nose and mouth, unless exempt pursuant to the November 5, 2020 Public Health Order, as subsequently amended, and for the purposes of this Section, the Electoral Officer and Deputy Electoral Officer(s) shall be deemed to be exempt from wearing a mask while operating the Polling Station, provided that they are separated from the Electors by a plastic protective barrier; 11. Maintain a safe distance of 2 meters from each other at all times, unless the persons are members of the same household; 111. Complete a self-assessment upon arriving at the Polling Station affirming that they have not tested positive for COVID-19, they are not showing symptoms of COVID-19, and they have not travelled outside of Saskatchewan in the past 14 days; and 1v. Comply with any lawful direction given by the Electoral Officer or a Deputy Electoral Officer pursuant to this Bylaw. 23 146229v6
c. Any Elector who is denied entrance to the Polling Station based on a self-assessment, a temperature screening, a refusal to wear a mask, or a refusal maintain a safe distance of 2 meters from others shall be provided a mail in ballot and entitled to vote by mail-in ballot by providing his or her mail-in ballot to a Deputy Electoral Officer at the Polling Station. d. Any Elector who is present at a Polling Station, but who has been temporarily denied entrance into the Polling Station due to occupancy limits, shall be deemed to be inside the Polling Station in accordance with subsection 8(2) of the Regulations. 5. Punishment a. Every person who contravenes this Bylaw is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars. 23146229v6
THIS PANDEMIC RE~RENDUM BYLAW IS HEREBY ENACTED by Council on the _[£_ day of u :e<-CJ'!" b~ ..-, 20~ , at ~mttr,01,61 P4-d(, $,,4,J: A quorum of Council consists of four (4) members of Council. Councillor Shaun Spencer 231 46229v6 , in the Province of Saskatchewan. Councillor Kurt Adams Councillor Conrad Medicine Rope Councillor Orleen Saulteaux
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