Acts and Regulations

2017, c.18 - Local Governance Act

Full text
Vacancies on rural district advisory committees
2021, c.44, s.4
176.21(1)Despite subsection 176.11(1) and subject to subsection (5), if a rural district advisory committee election fails to result in the election of the required number of members for a rural district, the Minister shall appoint the members required to fill the vacant positions.
176.21(2)A vacancy results in a rural district advisory committee when
(a) a member resigns from office,
(b) a member dies while in office,
(c) a member is convicted of an offence punishable by imprisonment for five or more years,
(d) a member ceases to be resident in the rural district,
(e) except in the case of illness or with the authorization of the advisory committee, a member is
(i) absent from the rural district for more than two months at one time, or
(ii) absent from four or more consecutive regular meetings of the advisory committee, or
(f) a member has been disqualified from or declared incapable of holding office under this or any other Act.
176.21(3)Despite subsection 176.11(1) and subject to subsection (5), the Minister shall appoint a person to fill a vacant position in a rural district advisory committee.
176.21(4)A person is eligible to be appointed to a rural district advisory committee under subsection (1) or (3) if the person is qualified to be a candidate in an election for that committee.
176.21(5)If, for any reason, all of the positions on a rural district advisory committee become vacant at one time, the Minister shall declare the vacancies and forward a certified copy of the declaration to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancies.
176.21(6)Except for provisions inconsistent with this Act or the regulations under this Act, the provisions of the Municipal Elections Act and the regulations under that Act relating to by-elections are adopted for the purposes of and apply with the necessary modifications to a by-election for a rural district advisory committee.
176.21(7)If in a provision of the Municipal Elections Act or the regulations under that Act, as adopted under subsection (6), the word “council” or “municipality” is found, for the purposes of this section the words “rural district advisory committee” or “rural district” respectively shall be substituted.
2021, c.44, s.4