Acts and Regulations

M-22 - Municipalities Act

Full text
Rural communities
190.088(1)Except as provided under this section or a regulation made under section 190.072, the Municipal Elections Act applies to first elections of rural community councils, and first elections of rural community councils shall be conducted under the Municipal Elections Act.
190.088(2)If a first election under paragraph 190.073(1)(d) is held at the same time as a quadrennial election, the Municipal Electoral Officer may, after December 31 in the year before the year in which the election is to be held, change the polling divisions determined under subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsection 10(2) of the Municipal Elections Act so as to provide for such revised polling divisions as are necessary for the conduct of the first election under paragraph 190.073(1)(d).
190.088(3)If a first election is held under paragraph 190.073(1)(d), a person is not qualified to be a candidate for the office of rural community mayor or councillor unless the person has been resident within the boundaries of the rural community, as the boundaries of the rural community are described in the regulation under section 190.072, for at least six months immediately before the election.
190.088(4)If a first election is held under paragraph 190.073(1)(d) in a rural community divided into wards, a person is not entitled to be a candidate for the office of rural community councillor for a ward unless the person is resident in the ward, as that ward is described in the regulation under paragraph 190.073(1)(n), at the time of the person’s nomination.
190.088(5)If a first election is held under paragraph 190.073(1)(d) in a rural community divided into wards,
(a) the voters resident in a ward shall vote only for the candidates nominated for that ward unless otherwise provided for in a regulation under section 190.072, and
(b) a separate ballot paper shall be prepared under the Municipal Elections Act for each ward and shall contain the names of the candidates seeking election as
(i) rural community mayor,
(ii) a rural community councillor for the ward, and
(iii) a rural community councillor at large.
190.088(6)Paragraph (5)(a) does not apply to candidates for the office of rural community mayor or rural community councillor at large.
190.088(7)If a first election under paragraph 190.073(1)(d) is conducted at the same time as a quadrennial election, the Municipal Electoral Officer shall give a Notice of Election in relation to the rural community as described under the regulation effecting the incorporation, amalgamation, annexation or decrement but shall not give a Notice of Election in relation to the rural community that exists prior to the effective date of the incorporation, amalgamation, annexation or decrement of that rural community.
190.088(8)Except where a first election is conducted at the same time as a quadrennial election and subject to subsection (9), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.
190.088(9)The Municipal Electoral Officer may, if the Municipal Electoral Officer considers it advisable, prepare in accordance with the Municipal Elections Act a new voters list for the first election of members of a rural community council.
190.088(10)If there is a conflict between a provision of a regulation made under paragraph 190.073(1)(d) and a provision of this section, the provision in the regulation prevails.
2005, c.7, s.49
Rural communities
190.088(1)Except as provided under this section or a regulation made under section 190.072, the Municipal Elections Act applies to first elections of rural community councils, and first elections of rural community councils shall be conducted under the Municipal Elections Act.
190.088(2)If a first election under paragraph 190.073(1)(d) is held at the same time as a quadrennial election, the Municipal Electoral Officer may, after December 31 in the year before the year in which the election is to be held, change the polling divisions determined under subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsection 10(2) of the Municipal Elections Act so as to provide for such revised polling divisions as are necessary for the conduct of the first election under paragraph 190.073(1)(d).
190.088(3)If a first election is held under paragraph 190.073(1)(d), a person is not qualified to be a candidate for the office of rural community mayor or councillor unless the person has been resident within the boundaries of the rural community, as the boundaries of the rural community are described in the regulation under section 190.072, for at least six months immediately before the election.
190.088(4)If a first election is held under paragraph 190.073(1)(d) in a rural community divided into wards, a person is not entitled to be a candidate for the office of rural community councillor for a ward unless the person is resident in the ward, as that ward is described in the regulation under paragraph 190.073(1)(n), at the time of the person’s nomination.
190.088(5)If a first election is held under paragraph 190.073(1)(d) in a rural community divided into wards,
(a) the voters resident in a ward shall vote only for the candidates nominated for that ward unless otherwise provided for in a regulation under section 190.072, and
(b) a separate ballot paper shall be prepared under the Municipal Elections Act for each ward and shall contain the names of the candidates seeking election as
(i) rural community mayor,
(ii) a rural community councillor for the ward, and
(iii) a rural community councillor at large.
190.088(6)Paragraph (5)(a) does not apply to candidates for the office of rural community mayor or rural community councillor at large.
190.088(7)If a first election under paragraph 190.073(1)(d) is conducted at the same time as a quadrennial election, the Municipal Electoral Officer shall give a Notice of Election in relation to the rural community as described under the regulation effecting the incorporation, amalgamation, annexation or decrement but shall not give a Notice of Election in relation to the rural community that exists prior to the effective date of the incorporation, amalgamation, annexation or decrement of that rural community.
190.088(8)Except where a first election is conducted at the same time as a quadrennial election and subject to subsection (9), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.
190.088(9)The Municipal Electoral Officer may, if the Municipal Electoral Officer considers it advisable, prepare in accordance with the Municipal Elections Act a new voters list for the first election of members of a rural community council.
190.088(10)If there is a conflict between a provision of a regulation made under paragraph 190.073(1)(d) and a provision of this section, the provision in the regulation prevails.
2005, c.7, s.49