Policy: 1.7 Election Procedure
Section: Board of Directors

Download Full Election Procedure and Nomination Form

Purpose

This policy establishes the procedures for conducting elections for all positions in a given year. It is intended to create a fair, transparent, inclusive and respectful process.

Authority

This policy is established pursuant to Section 8 of the NACC Amended By-laws which states: 

The directors may adopt, amend, or repeal policies relating to the governance, management, operation, and affairs of the Corporation that are not inconsistent with these By-laws, as the directors may deem appropriate from time to time.

For reference, various sections from The Corporations Act (Manitoba) and the By-laws are included at the end of this policy concerning eligibility, members, meetings, delegate voting and other matters. 

Procedure

This policy is organized under the following subject headings:

  1. Scope of Election Procedure: page 4-7

  2. Eligibility: page 7

  3. Election Timeline: page 8

  4. Nomination Eligibility: page 8

  5. Nomination Process: page 8-9

  6. Term of Office: page 9-10

  7. Vacancies: page 10

  8. Elections / Voting: page 11-12

  9. Ballor Box: page 12

  10. Voting Material: page 12

  11. Conduct of Voting: page 12

  12. Scrutineers: page 13

  13. Counting Vote: page 13

  14. Ties: page 14

  15. Destruction of Ballots: page 14

  16. Policy Governance: page 14

  17. References to Act and Bylaws

  18. Appendices - Forms

High Level Summary of the Election Procedure

Election Timeline

  • Elections will be run at  Annual General Conference.
  • Every effort will to be taken so that positions to be elected will be staggered. 
  • Commencing in 2025, the attached Table identifies the election schedule that is intended to achieve staggered terms.
  • If an elected official from a member community loses their elected official status, (except for the President) unless the person resigns, they may continue in their position until the next Annual General Conference at which meeting there will be an election process for their position, and upon completion of the election process that person will be deemed to have vacated the position at that Annual General Conference. If a person resigns during their Term, their position may be filled by the Board in accordance with Subsection 9(c)(vii) of the By-laws. In the case the President ceases to be an elected official of community, the President will immediately vacate the office of President and an interim President may be put in place by the Board and the Association in accordance with By-laws. An election for a new President will be held at the next Annual General Assembly.

Nomination Eligibility

  • A nominee must be nominated by two (2) voting delegates ,and:
  • Must be an elected official
  • Must reside in a member community.
  • Must be present at meeting.
  • Must be 18 years of age or older.
  • Must not be declared incapable by a court or authority.
  • Must not be bankrupt.
  • Must be insurable under NACC policies of insurance (or if ineligible has and provides proof and maintains their own equivalent policies of insurance).
  • Can only be nominated for one (1) position.

Nomination Process

  • A nominee must be nominated by two (2) voting delegates that are in attendance at the conference  and the nominee must provide their written consent to being nominated.
  • Prescribed Nomination Forms must be used, completed in its entirety and signed by  the Candidate and 2 voting delegates in attandance at the meeting, in order for nomination to be valid;  otherwise nomination is void and not included on voting ballot.
  • Nomination Forms for President will be accepted on first day of Conference by NACC Senior Election Official (SEO) till 4PM.
  • A person may only be nominated for one position.  

Election Process

  • At commencement of the Regional Meetings, nominations for Reional Executive positions will be announced.
  • If there is only one candidate for a position,  the candidate will be declared acclaimed.
  • If there is more than one cadidate for a position, each candidate will have five (5) minutes to address regional voting delegates.

Voting

  • Voting for candidates for Regional Executive  positions(if there is more than one cadidate)  will be on the 1st day of the Conference by paper ballots during respectove regional meetings.
  • Voting for President (if there is more than one candidate) will take place on the last day of the Conference. Each candidate for President will have five (5) minutes to address voting delegates at the Conference.
  • Each voting delegate has one (1) vote for each Regional Executive position in their Region, and one (1) vote  for NACC President.
  • Election results will be announced after voting closes and all ballots are counted. 

Election Schedule

In normal circumstances, this election schedule is intended to achieve staggering of terms. 

  • 2025: President, Regional Directors-at-Large
  • 2026: Regional Vice Chairs
  • 2027: Regional Chairs
  • 2028: President, Regional Directors-at-Large

 

  1. Commencing in 2025, previously elected Regional Secretary-Treasurers will become Regional Directors-at-Large (as the term/position of Secretary-Treasurers is eliminated in favor of a Directors-at-Large position)
  2.  Commencing in 2025, the NACC President will be elected for a three (3) year term; and Regional Directors-at-Large will be elected for a three (3) year term;*
  3. Commencing in 2026, Regional Vice-Chairs 
  4. Commencing in 2027,  Regional Chairs will be elected for three (3) year terms; and

in subsequent alternating years, the respective rotation, will continue, unless an earlier election for a position is required for any reason, such as , for example, in event a directors ceases for any reason to continue to be eligible to be a director, such as for the following reasons. 

*  In addition, if a Regional Chair, Vice Chair or a Director-at-Large (previously Secretary-Treasurer) has or will have served three (3) consecutive years that position may be subject to an earlier election. For certainty, only elected officials from a member community are eligible to hold an elected position in the NACC. 

If an elected official from a member community loses their elected official status, (except for the President) unless the person resigns, they may continue in their position until the next Annual General Assembly at which meeting there will be an election process for their position, and upon completion of the election process that person will be deemed to have vacated the position at that Annual General Assembly. If a person resigns during their Term, their position may be filled by the Board in accordance with Subsection 9(c)(vii) of the By-laws. In the case the President ceases to be an elected official of community, the President will immediately vacate the office of President and an interim President may be put in place by the Board and the Association in accordance with By-laws. An election for a new President will be held at the next Annual General Assembly.

The office of director shall also automatically be vacated:

  1. if the director has resigned from office by delivering a written resignation to the president or either vice-president of the Association; or
  2. if the director is absent from four (4) consecutive board meetings without being excused by board resolution; or
  3. if the director is found by a court to be of unsound mind; or
  4. if a director is no longer a resident of a member community; or  
  5. if a director ceases to be eligible to be insured under the Association’s policies of insurance or fails to maintain and provide proof of their own equivalent policies of insurance; or
  6. if, at a meeting of the Board, a resolution is passed that the director be removed from office before the expiration of the director’s term pursuant to item 6(f)(ii) of the Associations Bylaws; or
  7. on the death of such director.

 

1.Scope of Election Procedure

All NACC elections shall occur at an NACC Annual General Assembly. The following provisions in NACC By-laws apply to elections.

a) Subsection 4(d) states:

Provided membership fees are paid annually to the Association in a lump sum grant by the department of Northern Affairs, a Member community shall be entitled to the following privileges:

i) priority with respect to service provided by the Association;

ii) subject to item (iii) below: 

  1. right to send two (2) voting delegates to any annual or special meeting of the Association. Such voting delegates shall be appointed by resolution by the Member community and may be reimbursed by the Association for meals,  hotel, transportation, and subject to the following an attendance honorarium (previously referred to as a per diem) as may be determined by the Association’s expense reimbursement and financial policies, it being understood that any attendance honorarium would be subject to: (a) availability of adequate funding; (b) the Association evaluating its budget and finances annually; and (c) communities being notified not less than ninety (90) days prior to any in-person annual or special meeting whether or not budget and finances are able to support any attendance honorarium for voting delegates in a particular year.  For clarity, only the two voting delegates may be reimbursed, but all elected council members of a community are welcome to attend the annual meeting of the Association; however as noted in item (2) below only the two voting delegates have voting rights;

  2. only two (2) voting delegates may be appointed to represent a Member community at an annual or special meeting of the Association and each delegate shall receive one (1) vote;

iii) for purposes of item (ii) above, a settlement contact community may only send (1) voting delegate;

iv) only elected officials of a community, a council, an incorporated community, or an appointed settlement contact person, shall have the right to:

  1. be a voting delegate;
  2. be elected to hold an elected office in the Association.

b) Subsection 4(e) concerning member communities and Regions states:

Regions

Members in the Association are organized by the following three (3) named regions, which are intended to align with the geographic encompassing areas and regions used for administration of The Northern Affairs Act, and include these communities. 

c) Subsection 4(f) concerning Regional Assemblies states:

(f)    Regional Assemblies

  1. Formation: Members of the Association are also members of their respective Region and such Members shall form a Regional Assembly.

  2. Assembly Meetings: Each Regional Assembly shall hold a meeting during the Annual Meeting of the Association at which voting delegates representing the Members of each respective Regional Assembly shall elect a Regional Executive for their respective Region Assembly in accordance with this subsection (f). 

.   .   .  .

(v) Regional Executive

  1. Election and Term : Each Region shall elect from amongst their delegates a Regional Executive annually at the Annual Meeting of the Association; and, each Regional Executive shall consist of a Chair, Vice-Chair and a Director-at-Large. The terms of each Regional Executive position shall be for alternating three-year terms. 

.   .   .   . 

3. Duties, Qualifications and Vacancies of Regional Executive: The duties, qualifications, including vacancies on any Regional Executive shall be the same as applicable to directors of the Association, but specific to a respective Region.   

d) Subsection 6 (c-e) with respect to the directors of the Association states:

(c) Qualifications 

The following persons are disqualified from being a director of the Association:

  1. anyone who is less than 18 years of age;
  2. anyone who has been declared incapable by a court in Canada or in another  country;
  3. anyone who is not an individual;
  4. a person who has the status of bankrupt; 
  5. anyone who no longer resides in a member community; 
  6. anyone who is ineligible to be insured under the Association’s policies of insurance unless such person has and provides proof and maintains their own equivalent policies of insurance; and
  7. anyone who is not an elected official, or an appointed contact person of a settlement community. Should an individual cease to be an elected official, or an appointed contact person of a settlement community, during their term in office, their office will be vacated and an election held in accordance with Subsection 9(c)(ii) of these By-laws.

(d) Election and Term 

  1. The directors shall be elected by the members at an annual meeting of members and at each succeeding annual meeting at which an election of directors is required and shall generally hold office for three (3) years expiring not later than the close of the third annual meeting of members following the election. If directors are not elected at an annual meeting of members at which such election is required, the directors then in office shall continue in office until their successors are elected. Notwithstanding anything else contained elsewhere in these By-laws, directors whose terms of office are expiring will be eligible for re-election for a further term or terms if they are otherwise qualified (in other words not disqualified pursuant to Subsection 6(c) above). There shall be no term limits imposed on directors; however, effort shall be made that the terms of directors be also staggered. 

  2. A Chair, Vice-Chair or Director-at-Large (previously Secretary-Treasurer) of a Region intending to run for President is required to resign from their Chair/Vice-Chair/Director-at-Large position fourteen (14) days prior to the nomination day of President. This is to allow nominations and elections for the vacant Chair or Vice-Chair or Director-at-Large position recognizing that Regional elections occur prior to the election of President.

(e) Consent

A director who is elected or appointed must consent to hold office as a director:

  1. if present at the meeting at which the election or appointment takes place, by not  refusing to hold office;
  2. if not present at the meeting at which the election or appointment takes place, by either:
    1. consenting to hold office in writing before the election or appointment      takes place or within ten (10) days; or
    2. by acting as a director after such person’s election or appointment.

Subsection 9(c)(ii) with respect to the President of the Association states:

 (ii)   Election | Appointment

(1)President

a) The President shall be elected by the members at an annual meeting from amongst delegates of the member communities. 

b) Nominations for President shall take place on the first day of an annual meeting. 

c) The election for the President shall take place on the last day of the annual meeting by secret ballots should there be more than a single nominee.

d) Each nominee shall have a choice as to whether or not to speak with a maximum time limit of five (5) minutes.

For certainty, and further to Subsection 4(d)(iv), only an elected official of a community, a council, contact community or incorporated community is eligible to be President of the Association. Should a person cease to be an elected official of a community, a council, contact community or incorporated community, the position of President is deemed immediately vacated and may be filled by the Board and the Association in accordance with Subsection 9(c)(vii) (except such person need not be from from the same region as the previous President). 

.   .   .   .

(3) Eligibility

For certainty, and further to Subsection 4(d)(iv) and Subsection 6(c)(vii), only an elected official of a community, a council, incorporated community, or an appointed contact person of a settlement community, is eligible to be a director or hold office as the President, Vice-President, or any other elected officer position of the Association, or hold an elected position on a Regional Executive.

(4) Transition Provision

Subject to Subsection 9(c)(ii)(1) above concerning the President, should any other person cease to be an elected official of a community, a council, or incorporated community, or an appointed contact person of a settlement community, unless the person resigns, they may continue in their position until the next Annual Meeting at which meeting there will be an election process for their position, and upon completion of the election process that person will be deemed to have vacated the position at that Annual Meeting. If a person resigns during their Term, their position may be filled by the Board in accordance with Subsection 9(c)(vii). 

 

 

2.Eligibility

a) For certainty, and further to Subsection 4(d)(iv), only an elected official of a community, a council, an incorporated community, or an appointed person of a settlement contact community or is eligible to be a director or hold an elected office, such as President, Vice-President, or any other elected officer position of the Association, or hold an elected position on a Regional Executive. 

b) Candidates for all positions must be present at the Annual General Conference of the Association.  

c) As stated in subsection 6(c) candidates and elected Board members must be and remain eligible to be insured under the NACC’s policies of insurance unless such person has and provides proof and maintains their own equivalent policies of insurance:

(c) Qualifications 

The following persons are disqualified from being a director of the Association:
.   .   .   .

vi) anyone who is ineligible to be insured under the Association’s policies of insurance unless such person has and provides proof and maintains their own equivalent policies of insurance; and

vii) anyone who is not an elected official, or an appointed contact person of a settlement community. Should an individual cease to be an elected official, or an appointed contact person of a settlement community, during their term in office, their office will be vacated and an election held in accordance with Subsection 9(c)(ii) of these By-laws.

d) An individual may not be nominated or run as a candidate for more than one position at the same time.

3.Election Timeline

Positions requiring election in a given year will be run at the same time at the Annual General Conference.

4.Nomination Eligibility

a) As stated in subsection 9(c):

(ii)   Election | Appointment

  1.  President: The President shall be elected by the voting delegates at an annual meeting from amongst elected officials of the member communities. 

b) In order for voting delegate to nominate a candidate for any position (including the President), the individual must be an elected official of an MNR community and must be in attendance at the Annual General Conference.

5.Nomination Process

a) Nomination Forms, and information on election rules and process will be provided with each voting delegate Conference Registration Package and at the Conference registration desk.

b) Elected officials of a member community may only be nominated by voting delegates of a member community that are present at the Annual General Conference with the nominee’s consent. 

c) A nominee may not be nominated for more than one position at a time. Any nominee who is found to be nominated for more than one position must withdraw from all but one position, or all Nomination Forms for that individual will be considered invalid.

d) Nominations must be submitted in writing using the Nomination Form (see Appendix A).

e) Nomination Forms will be made available in the registration package and at the registration desk.

f) For a Nomination Form to be valid, it must be:

  • completed in its entirety;
  • signed by two (2) voting delegate(s) that are in attendance; and
  • certified by a designated NACC Election Official. 

A nomination that fails to meet these requirements will be void and the name of the proposed candidate will not appear on a ballot or a list of candidates.

g) Nomination Forms for President will be accepted on the first day of the Annual General Conference at a designated location up to 4:00 PM or such other time as determined by a designated NACC Election Official.

h) At the commence of the Regional Meetings, a designated NACC Election Official will announce the nominees.

i) Each candidate for a Regional Executive position will be given five (5) minutes to address the Regional voting delegates for their Region (except for candidates for President, who will have given five (5) minutes as per Section 8 of this policy on the last day of the Conference to all voting delegates).

j) If there is only one candidate, then they are declared acclaimed. If there is more than one candidate, there will be an election.

k) Following the close of the election, those elected will be announced. 

6.Term of Office

a) The term of office for all positions is normally three (3) years. 

b) Commencing in 2025, elections for positions will be staggered and rotate based on the following schedule:

  • (i) 2025 – Election of President and Regional Directors-at-Large
  • (ii) 2026 – Election of Regional Vice-Chairs 
  • (iii) 2027 – Election of Regional Chairs
  • (iv) 2028 – Election of President and Regional Directors-at-Large

and, so on, unless a position is vacated or term has ended or an elected official has lost their elected official status, or resigned, or has become ineligible to continue, in which case, the position will be open for election at the next Annual General Assembly.

In 2025, there will also be several elections for other positions in addition to President on account of persons no longer holding elected office status. The following table identifies the schedule in normal circumstances which is intended to achieve of staggering of terms going forward. 

NOTE -  In addition, if a Regional Chair, Vice Chair or a Director-at-Large (previously Secretary-Treasurer) has or will have served three (3) consecutive years that position may be subject to an earlier election.

c) The position of NACC Vice President is elected by the Regional Chairs at the first NACC Board Meeting following the Annual General Conference.

d) For certainty, only elected officials from a member community are eligible to hold an elected position in the NACC. If an elected official from a member community loses their elected official status, (except for the President) unless the person resigns, they may continue in their position until the next Annual General Conference at which meeting there will be an election process for their position, and upon completion of the election process that person will be deemed to have vacated the position at that Annual General Conference. If a person resigns during their Term, their position may be filled by the Board in accordance with Subsection 9(c)(vii) of the By-laws. 

In the case the President ceases to be an elected official of community, the President will immediately vacate the office of President, and an interim President may be put in place by the Board and the Association in accordance with By-laws. An election for a new President will be held at the next Annual General Assembly.

7.Vacancies

Pursuant to the following quoted Subsections 6(f)(i) and (iii) of the NACC By-laws, should an individual holding an NACC elected position becoming unwilling or unable to serve in their position, the NACC Board of Directors may appoint a replacement from the NACC Region where the individual resided and the appointee will serve until the next Annual General Conference where the position will be open to election.  The specific wording of Subsection 6(f)(i) and (iii) of the NACC By-laws with respect to vacancies states:

i) The office of director shall automatically be vacated:

  1. if the director has resigned from office by delivering a written resignation to the president or either vice-president of the Association; or
  2. if the director is absent from four (4) consecutive board meetings without being excused by board resolution; or
  3. if the director is found by a court to be of unsound mind; or
  4. if a director is no longer a resident of a member community; or
  5. if a director ceases to be eligible to be insured under the Association’s policies of insurance or fails to maintain and provide proof of their own equivalent policies of insurance; or
  6. if, at a meeting of the Board members, a resolution is passed, that the director be removed from office before the expiration of the director’s term pursuant to item (ii) below; or
  7. on the death of such director; or
  8. if the Corporation is dissolved.

.   .   .   .

(iii)   Filling a Vacancy

If any vacancy shall occur for any reason, the Board, by majority vote (if a quorum remains in office), may fill the vacancy for the remainder of the term by a qualified individual. The director filling the vacancy shall serve as director until:

  1. the next annual meeting of members; or
  2. if applicable, prior to the next annual meeting of members, the Board, by majority vote (if a quorum remains in office), votes to vacate the director.

8.Elections / Voting

a) NACC Board of Directors will designate a NACC Election Official to oversee elections at every Annual General Conference.

b) If there is only one candidate, there will be no need for an election and the candidate will be acclaimed. If there is more than one candidate, an election process will proceed.

c) All voting for Regional positions and for President will be conducted in-person at the Annual General Conference by secret paper ballots.

d) The designated NACC Election Official will be responsible for safeguarding ballots and any ballot box(es).

e) Voting for Regional positions will take place on the first day of the Annual General Conference during respective Regional Meetings.

f) According NACC By-laws, voting for President will take place on the last day of the Annual General Conference.

g) Candidates for a Regional position will have five (5) minutes to address their respective Regional voting delegates prior to voting commencing. 

h) As per NACC By-laws, candidates for President will have five (5) minutes to address all voting delegates prior to voting commencing.

i) Voting will take place after the speeches until voting is declared closed by the designated NACC Election Official.

j) Ballots will be counted following the closing of voting. 

k) The ballots will either:

  1. contain a space in which voting delegates can write a candidate’s name, and the nominated candidates’ names will be posted in the room containing the ballot; or 
  2. list the nominated candidates in alphabetical order by sur name directly on the ballot;
  3. if two or more candidates for the same office have the same surnames, their names will be listed in the alphabetical order of their given first names.

l) Each ballot must be signed by the designated NACC Election Official or their designate to be considered valid. Ballots that are not signed by NACC Election Official will be considered spoiled and will not be counted.

m) Each voting delegate is entitled to one (1) vote per position.

n) An NACC staff member or volunteer “poll clerk” will be appointed to manage the ballot box.

o) If a voting delegate makes a mistake in completing a ballot, they may return the ballot to the designated NACC Election Official or their designate, explain the circumstances, and receive a new ballot in return for the original one. The poll clerk will write “exchanged ballot” on the original ballot and place it in an “Exchanged Ballots” envelope. Ballots in this envelope will not be counted.

p) Votes will be securely collected. Every voting delegate seeking and submitting a ballot will be verified as eligible to vote.

9. Ballot Box

On creating and opening of a Ballot Box prior to Voting, a designated NACC Election Official will:

  • a) show the empty ballot box to any Scrutineers who are present; and
  • b) keep the ballot box at the Voting Area during the hours of voting.

10. Voting Material

The designated NACC Election Official will ensure that the Voting Area has:

  • a) An area where voting delegates can mark their ballots in private;
  • b) A document providing voting instructions;
  • c) A ballot box and tape to secure it until the ballots are counted;
  • d) Sheets for counting ballots;
  • e) Forms and envelopes for sorting ballots; and
  • f) Forms and envelopes for reporting the results after all the ballots are counted.

11. Conduct of Voting

  • a) Where a voting delegate who is entitled to vote has received a ballot, that voting delegate may not speak to any other person or leave the Voting Area until their completed ballot has been placed in the ballot box.

  • b) No person will speak to or interfere with a voting delegate who is marking their ballots or placing them in the ballot box.

  • c) No person will approach a voting delegate in a Voting Area to suggest the candidate for whom they should vote.

  • d) No person will approach a voting delegate after they have voted to determine the candidate for whom they voted.

  • e) Any person in breach of the above provisions will be removed from the Voting Area and will not be entitled to vote.

  • f) Except for casting their own ballots, no candidate or supporters of candidates will be or remain in the vicinity of a Voting Area during voting. 

12. Scrutineers

  • a) A candidate is entitled to have one Scrutineer while voting is in progress and while the ballots are being counted. 

  • b) Candidates will supply their Scrutineers with a form approved for such use by the designated NACC Election Official appointing them as a Scrutineer (see Appendix B). If Scrutineers are only present for part of a day and are replaced by another Scrutineer, the replacement Scrutineer must have their own form.

  • c) Scrutineers may observe the operation of voting and the counting of the ballots. They may object to a certain person voting or to the admissibility of a certain ballot but are not entitled to argue their position at length. 

13. Counting Votes

  • a) During the examination and counting of the ballots, each ballot will be shown to any Scrutineers present, hear any comments or challenges they make, and decide whether the ballot is to be counted or rejected.

  • b) A ballot will be counted if a voting delegate has clearly indicated the candidate they wished to vote for. A ballot will not be rejected merely because a voting delegate, without any apparent intention of identification, marked it out of its proper space, as long as the mark clearly indicates the candidate for whom the vote was intended.
    • The designated NACC Election Official will endorse each ballot that is rejected with:
      “Rejected by” followed by their initials; or
    • “Challenged by a Scrutineer but counted” where a Scrutineer challenges the Poll Clerk or other appointed individual’s decision. If the designated NACC Election Official or other appointed individual disagrees with the challenge, the vote will be counted.
  • c) A designated NACC Election Official will fill out a Statement of the Vote (see Appendix C) and present it at the Annual General Conference with all results. 
  • d) Notice will be given of election results at the Annual General Conference based on a Statement of Official Results (see Appendix D).

14. Ties

In the event of a tie in votes for a position occurs a second vote will be organized following similar procedure within constraints of time remaining if necessary.

15. Destruction of Ballots and Election Material

Unless there is a need for recount or unless directed by a resolution of the NACC Board, ballots and other election material will be destroyed thirty (30) days following any election.

16. Policy Governance 

(a) Policy Implementation

This Policy shall become immediately effective upon approval by the Board.

 (b)  Review Cycle

The Board shall review this Policy following every election to determine if there is a need for improvement or changes.