Acts and Regulations

M-22 - Municipalities Act

Section 29
Disposition versions

Full text
Composition of city and town council
29(1)The council of a municipality divided into wards for election purposes consists of
(a) a mayor,
(b) one or more councillors as determined by by-law for each ward, and
(c) where the by-law so provides, one or more councillors at large.
29(1.1)A by-law under this section, or the amendment or repeal of such a by-law, may only be made on the affirmative vote of a majority of the whole council.
29(1.2)Before making a by-law under this section, or amending or repealing such a by-law, the council shall
(a) at least once within ten days prior to the meeting at which the by-law will be given first reading, publish notice of its intention to consider the passing of the by-law in a newspaper having general circulation in the municipality, which notice shall
(i) describe the proposed by-law by title and generally by subject matter, and
(ii) specify the date and location of the meeting at which the by-law will be considered, and
(b) for at least ten days prior to the meeting at which the by-law will be given first reading, post the notice referred to in paragraph (a) in the office of the clerk.
29(1.3)No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.
29(1.4)Notwithstanding subsection (1.3), in order for a by-law under this section to apply to a quadrennial election it must be filed with the Municipal Electoral Officer more than six months before the election.
29(2)A by-law made under the authority of this section shall be not amended or repealed within four years after the commencement of the by-law or the most recent amendment of it.
29(3)Subsection (2) does not apply to a by-law made or amended as the consequence of an amalgamation or annexation under section 14.
29(4)Notwithstanding subsections (1), (2), and (3), where after the commencement of this subsection, the composition of a council is determined by an Order in Council made under section 19
(a) the composition of the council as determined in that Order in Council shall be deemed to be the composition of the council determined by by-law of the council made under the authority of this section and the composition of the council as determined by the Order in Council shall remain in effect until four years have elapsed from the making of that Order in Council, and
(b) no by-law made under this section respecting the composition of the council shall have any effect until four years have elapsed from the making of that Order in Council.
29(5)If, after the commencement of subsection (4), a council of a municipality does not make a by-law under the authority of this section to take effect after the expiration of the four year period referred to in subsection (4) whereby the composition of the council is determined, the composition of the council as determined in the Order in Council made under section 19 shall be deemed to be the composition of the council determined by by-law of the council made under the authority of this section until such time as the municipality makes a by-law under the authority of this section determining the composition of the council.
29(6)Notwithstanding subsection (4), the Lieutenant-Governor in Council may, within the four year period referred to in subsection (4), approve a by-law whereby the composition of the council is not identical to the composition of the council determined under the Order in Council made under section 19.
1966, c.20, s.30; 1967, c.56, s.10; 1968, c.41, s.6; 1981, c.52, s.5; 1983, c.56, s.5; 1995, c.46, s.4; 2003, c.27, s.15; 2004, c.2, s.5
Composition of city and town council
29(1)The council of a municipality divided into wards for election purposes consists of
(a) a mayor,
(b) one or more councillors as determined by by-law for each ward, and
(c) where the by-law so provides, one or more councillors at large.
29(1.1)A by-law under this section, or the amendment or repeal of such a by-law, may only be made on the affirmative vote of a majority of the whole council.
29(1.2)Before making a by-law under this section, or amending or repealing such a by-law, the council shall
(a) at least once within ten days prior to the meeting at which the by-law will be given first reading, publish notice of its intention to consider the passing of the by-law in a newspaper having general circulation in the municipality, which notice shall
(i) describe the proposed by-law by title and generally by subject matter, and
(ii) specify the date and location of the meeting at which the by-law will be considered, and
(b) for at least ten days prior to the meeting at which the by-law will be given first reading, post the notice referred to in paragraph (a) in the office of the clerk.
29(1.3)No by-law under this section, nor the amendment or repeal of such a by-law, comes into force until it has been filed by the council with the Municipal Electoral Officer.
29(1.4)Notwithstanding subsection (1.3), in order for a by-law under this section to apply to a quadrennial election it must be filed with the Municipal Electoral Officer more than six months before the election.
29(2)A by-law made under the authority of this section shall be not amended or repealed within four years after the commencement of the by-law or the most recent amendment of it.
29(3)Subsection (2) does not apply to a by-law made or amended as the consequence of an amalgamation or annexation under section 14.
29(4)Notwithstanding subsections (1), (2), and (3), where after the commencement of this subsection, the composition of a council is determined by an Order in Council made under section 19
(a) the composition of the council as determined in that Order in Council shall be deemed to be the composition of the council determined by by-law of the council made under the authority of this section and the composition of the council as determined by the Order in Council shall remain in effect until four years have elapsed from the making of that Order in Council, and
(b) no by-law made under this section respecting the composition of the council shall have any effect until four years have elapsed from the making of that Order in Council.
29(5)If, after the commencement of subsection (4), a council of a municipality does not make a by-law under the authority of this section to take effect after the expiration of the four year period referred to in subsection (4) whereby the composition of the council is determined, the composition of the council as determined in the Order in Council made under section 19 shall be deemed to be the composition of the council determined by by-law of the council made under the authority of this section until such time as the municipality makes a by-law under the authority of this section determining the composition of the council.
29(6)Notwithstanding subsection (4), the Lieutenant-Governor in Council may, within the four year period referred to in subsection (4), approve a by-law whereby the composition of the council is not identical to the composition of the council determined under the Order in Council made under section 19.
1966, c.20, s.30; 1967, c.56, s.10; 1968, c.41, s.6; 1981, c.52, s.5; 1983, c.56, s.5; 1995, c.46, s.4; 2003, c.27, s.15; 2004, c.2, s.5