Minister

The Minister responsible for Municipal and Community Affairs (the Minister) has overall responsibility for the Local Authorities Elections Act and for specific municipal elections.  The Minister may give specific directions to the local authority, the Chief Municipal Electoral Officer or election officers governing the conduct of an election in order to supplement the instructions in the Local Authorities Elections Act (s. 4(1)).  The Minister establishes and distributes manuals or guides for voters, candidates, candidates’ agents, the Chief Municipal Electoral Officer, or election officers (s. 4(3)). The Minister may, by order, vary the dates or periods of time fixed by the Local Authorities Elections Act (s. 5)

The Minister responsible for Education, Culture and Employment has responsibility for specific District Education Authority (DEA) elections. If a Minister’s Order is required for a DEA election, this Minister is responsible.

Local Authorities

A “local authority” is defined in the Local Authorities Elections Act as Municipal Councils, District Education Authorities, and other agencies established in the Northwest Territories that reference the Local Authorities Elections Act as the authority’s election rule.

Local authorities must hold elections on the day(s) specified in the Local Authorities Elections Act (see chart on next page), in the Tåîchô Community Government Act or the community charter. Local authorities run and pay for local elections.  The local authority can conduct an election on its own behalf, or on behalf of another local authority -- to help share costs.  For example, a community government may make an agreement to share or cover the cost of any election held jointly or on behalf of the District Education Authority.  The two authorities should make financial arrangements before the appointment of the Returning Officer. 

The term of office for council members in cities, towns, villages and hamlets may vary from a municipal act if a bylaw is made. The municipalities may also decide to stagger terms of office by bylaw.

A local authority is responsible to notify the Chief Municipal Electoral Officer whenever they are having a by-election or plebiscite. District Education Authorities should notify the Chief Municipal Electoral Officer when they are holding their elections. 

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* Councils may set a different term of office, by bylaw, from two years to four years.

Chief Municipal Electoral Officers

The Commissioner in Executive Council appoints the Chief Municipal Electoral Officer and Deputy Chief Municipal Electoral Officers.  Their duties include:

• Supervises the conduct of all elections held under the Local Authorities Elections Act;
• Assists the Returning Officers as they conduct local elections;
• Assists Returning Officers to understand the Local Authorities Elections Act, to complete forms, to respond to community inquiries and the procedural conduct of the election;
• Gives direction on how to administer the Local Authorities Elections Act so that all elections are properly conducted;
• Issues any instructions which s/he feels are necessary, to election officers to ensure that the provisions of this Local Authorities Elections Act are carried out effectively;
• Promotes fairness, impartiality and compliance with the Local Authorities Elections Act on the part of election officers; and
• Is available to deal with challenges that arise during the course of the election process, including judicial reviews and police investigations of alleged election offences.
• In extreme situations, can stop an election, in whole or in part, and direct that a new election be held or that an election resume.

The Chief Municipal Electoral Officer can apply for a Minister’s Order to vary the time of prescribed dates and shorten the election calendar for by-elections (or other situations) where filling council vacancies is urgent.  The Chief Municipal Electoral Officer can also apply for a Minister’s Order to shorten the election calendar to have the vote fall on the day set out by the Local Authorities Elections Act if, for example, a local authority has been delayed in appointing a Returning Officer due to unforeseen circumstances.  This is a last resort and used only when absolutely necessary.

Senior Administrative Officer

If the municipal council does not appoint a Returning Officer, the Senior Administrative Officer performs the duties and exercises the powers of the Returning Officer.  If the council does not appoint a Registrar, the Senior Administrative Officer must perform the duties and exercise the powers of the Registrar.  The Senior Administrative Officer is responsible for the safekeeping of the election material, after the election is over and its eventual destruction.  After the election, the Returning Officer must transfer the ballot boxes, ballots and election material into the custody of the Senior Administrative Officer.  (For a District Education Authority, the Regional Superintendent of Education, Culture and Employment assumes this role.)

Returning Officer

The local authority appoints a person as Returning Officer.  The local authority must appoint a Returning Officer at least seven weeks before Election Day.  If the authority does not appoint a Returning Officer, or if the Returning Officer resigns, the Senior Administrative Officer performs the duties and exercises the powers of the returning officer for the municipality. 

For a District Education Authority, the Regional Superintendent responsible for the Education District will perform the duties and exercise the powers of the Returning Officer.

As the Returning Officer, you are responsible for the conduct of the election.  You must know your role in the election process and ensure it is understood in the community.  You are in charge of the election.  Candidates and their supporters must follow your instructions as outlined in the Local Authorities Elections Act.  Election workers are accountable to you.  Questions concerning the election must be forwarded to you.

Exercise your authority with knowledge, skill and quiet authority.  Be fair and be firm.  Understand the legislation well and your responsibilities under it.  People become passionate in elections.  Residents will be looking to you to ensure the election is run properly with no favour to any particular candidate and that all candidates play by the rules.

Registrar

If the local authority does not appoint a Registrar who may also be the Returning Officer, the Senior Administrative Officer performs the duties and exercises the powers of the Registrar.  The Registrar prepares a separate list of voters for each general election.  (For a District Education Authority, this role is assumed by the Regional Superintendent of Education, Culture and Employment.)

Deputy Returning Officer

A Deputy Returning Officer is responsible for the conduct of the vote at a voting station.  If the Returning Officer is absent or unable to act, a Deputy Returning Officer may exercise any of the powers and perform any of the duties of the Returning Officer.  If the Returning Officer resigns, the Deputy Returning Officer will assume the duties of the Returning Officer.  A Deputy Returning Officer has the authority to act as a Commissioner of Oaths, for the purpose of taking oaths or declarations under the Local Authorities Elections Act.  The Deputy Returning Officer will perform the duties specified in the Schedule of the Local Authorities Elections Act and follow any directions and any instructions from the Chief Municipal Electoral Officer.

Election Clerk

Where a Deputy Returning Officer is absent or unable to perform their duties, an Election Clerk may, under the direction of the Returning Officer, perform any of the duties of the Deputy Returning Officer.  The Election Clerk has authority to act as a Commissioner of Oaths for the purpose of taking oaths or declarations under the Local Authorities Elections Act.  The Election Clerk will perform the duties specified in the Schedule of the Local Authorities Elections Act and will follow any directions and any instructions from the Chief Municipal Electoral Officer.