Acts and Regulations

M-22 - Municipalities Act

Section 31
Disposition versions

Full text
Wards
31(1)Where a city or town is divided into wards immediately before January 1, 1967, such division continues in effect until altered by by-law.
31(2)The council of a municipality may, by by-law passed on the affirmative vote of a majority of the whole council, divide the municipality into wards.
31(2.1)Before making a by-law under subsection (2), 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.
31(2.2)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.
31(2.3)Notwithstanding subsection (2.2), 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.
31(3)Except where the territorial limits of a municipality are enlarged or altered, a by-law made under authority of this section shall not be repealed or amended so as to alter the limits of a ward until four years have elapsed from the making of the by-law or the last previous amendment thereof.
31(4)Subject to subsection (5) no by-law respecting the division of a municipality into wards shall be made, amended or repealed during the period of six months preceding the date fixed for the election of a council.
31(5)Subsection (4) does not apply during the six months preceding the date of the first elections under this Act.
31(6)Notwithstanding subsections (2), (3), (4) and (5), where after the commencement of this subsection, a municipality is divided into wards by an Order in Council made under section 19
(a) the division of the municipality into wards set out in that Order in Council shall be deemed to be the division of the municipality into wards by by-law of the council made under the authority of this section and the division of the municipality into wards as set out in that 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 division of a municipality into wards shall have any effect until four years have elapsed from the making of that Order in Council.
31(7)If, after the commencement of subsection (6), 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 (6) whereby the municipality is divided into wards, the division of the municipality into wards as set out in the Order in Council made under section 19 shall be deemed to be the division of the municipality into wards 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 dividing the municipality into wards.
31(8)Notwithstanding subsection (6), the Lieutenant-Governor in Council may, within the four year period referred to in subsection (6), approve a by-law whereby the municipality is divided into wards not identical to the division of the municipality into wards under the Order in Council made under section 19.
31(9)If a municipality is divided into wards under subsection (2), only the voters resident in a ward shall vote for the candidates nominated for that ward.
1966, c.20, s.32; 1981, c.52, s.6; 1995, c.46, s.5; 2003, c.27, s.16; 2004, c.2, s.6
Wards
31(1)Where a city or town is divided into wards immediately before January 1, 1967, such division continues in effect until altered by by-law.
31(2)The council of a municipality may, by by-law passed on the affirmative vote of a majority of the whole council, divide the municipality into wards.
31(2.1)Before making a by-law under subsection (2), 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.
31(2.2)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.
31(2.3)Notwithstanding subsection (2.2), 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.
31(3)Except where the territorial limits of a municipality are enlarged or altered, a by-law made under authority of this section shall not be repealed or amended so as to alter the limits of a ward until four years have elapsed from the making of the by-law or the last previous amendment thereof.
31(4)Subject to subsection (5) no by-law respecting the division of a municipality into wards shall be made, amended or repealed during the period of six months preceding the date fixed for the election of a council.
31(5)Subsection (4) does not apply during the six months preceding the date of the first elections under this Act.
31(6)Notwithstanding subsections (2), (3), (4) and (5), where after the commencement of this subsection, a municipality is divided into wards by an Order in Council made under section 19
(a) the division of the municipality into wards set out in that Order in Council shall be deemed to be the division of the municipality into wards by by-law of the council made under the authority of this section and the division of the municipality into wards as set out in that 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 division of a municipality into wards shall have any effect until four years have elapsed from the making of that Order in Council.
31(7)If, after the commencement of subsection (6), 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 (6) whereby the municipality is divided into wards, the division of the municipality into wards as set out in the Order in Council made under section 19 shall be deemed to be the division of the municipality into wards 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 dividing the municipality into wards.
31(8)Notwithstanding subsection (6), the Lieutenant-Governor in Council may, within the four year period referred to in subsection (6), approve a by-law whereby the municipality is divided into wards not identical to the division of the municipality into wards under the Order in Council made under section 19.
31(9)If a municipality is divided into wards under subsection (2), only the voters resident in a ward shall vote for the candidates nominated for that ward.
1966, c.20, s.32; 1981, c.52, s.6; 1995, c.46, s.5; 2003, c.27, s.16; 2004, c.2, s.6