Prohibited Positions and Offices

Prior to the 2012 election, the legislative framework for Nisga’a elections was amended in order to prohibit Nisga’a representatives, including all members of the House from holding a position on certain boards which receive operating funds from Nisga’a Lisims Government. The legislative framework, as amended, also prohibits employees of certain named boards, of Nisga’a Lisims Government, and of Nisga’a Village Governments from serving as Nisga’a representatives.

 

The following provisions of the Nisga’a Government Act (including the Members’ Code of Conduct), the Nisga’a Personnel Administration Act should be reviewed by all nominees. The full text of each Act is available on the Nisga’a Nation website at www.nisgaanation.ca.

 

Nisga’a Government Act Schedule 3, Members’ Code of Conduct, Section 11.1 (“Prohibited Positions and Offices”)

 

A Nisga’a representative must not hold

  1. the position or office of

  1. the Chief Executive Officer or the Law Clerk,

  2. an employee of the Nisga’a Nation or a Nisga’a Village, or

  3. a Nisga’a Public Officer whose position or office is prescribed under section 10(b) of the Nisga’a Personnel Administration Act, or

  1. a designated position or office.

Nisga’a Government Act, Section 1 (“Definitions”)

 

“designated position or office” means the position or office of

          1. an employee, trustee, director or officer of the Board of Education of School District No. 92 (Nisga’a), the Nisga’a Valley Health Authority or the Wilp Wilxo’oskwhl Nisga’a Society, or

          2. an employee of a Nisga’a Urban Local Society;

 

Nisga’a Government Act, Section 58.1 (“Resignation from designated positions prior to taking oath”)

 

A person who holds a designated position or office and who is elected as a member of the House in a regular election or a by-election held under the Nisga’a Elections Act may not take the oath of office until they have

  1. resigned from or otherwise ceased to hold that designated position or office, and

  2. provided the Law Clerk with a solemn written declaration that they have resigned from or otherwise ceased to hold that designated position or office.

 

Nisga’a Personnel Administration Act, Section 10 (“Deemed resignation on taking oath of office”)

 

10.       If a person is elected to office as a member of the House in a regular election or a by-election held under the Nisga’a Elections Act and, at the time that person takes the oath of office after that election, the person holds the position or office of

(a) an employee of the Nisga’a Nation or a Nisga’a Village, including, without limitation, a Nisga’a Lisims Government Director or the Chief Administrator of a Nisga’a Village Government, or

(b) a Nisga’a Public Officer whose position or office is prescribed by the Executive for the purpose of this section,

 

by taking that oath of office, the person resigns from any position or office referred to in paragraph (a) and (b)

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