Acceptance of office by councillor
33(1)A person elected to an office on a municipal council in a quadrennial election shall accept office by taking and subscribing to the oath of office in the form prescribed by the Minister on or before the first meeting of council.
Acceptance of office by councillor
33(2)A person elected to an office on a municipal council in a by-election shall accept office by taking and subscribing to the oath of office in the form prescribed by the Minister
(a)
forthwith, if the person’s election was by acclamation, or
(b)
within six days after the expiration of the ten day period referred to in subsection 41.1(1) or 42(1) of the
Municipal Elections Act following the person’s election.
Acceptance of office by councillor
33(2.01)A person elected to an office on a municipal council in a first election under section 19 shall accept office by taking and subscribing to the oath of office in the form prescribed by the Minister on the day fixed for the taking of the oath of office under the Order in Council made under section 19 in respect of that first election.
Acceptance of office by councillor
33(2.1)Notwithstanding subsection (1), (2) and (2.01), a person elected to office on a municipal council in a quadrennial election, a by-election or a first election under section 19 may accept office by taking and subscribing to the oath of office in the form prescribed by the Minister at any time following the person’s election where, for reasons of illness or unavoidable absence from the municipality, the person is unable to take and subscribe to the oath of office at or within the time prescribed under subsection (1), (2) or (2.01).
Acceptance of office by councillor
33(2.2)Notwithstanding subsections (1), (2), (2.01) and (2.1), where an application has been filed under section 41.1 or 42 of the
Municipal Elections Act requesting that a recount of votes be made with respect to an election to office on a municipal council in a quadrennial election, a by-election or a first election under section 19, a person elected to such office shall not accept office by taking and subscribing to the oath of office until the person has been declared elected by the municipal returning officer or the judge conducting the recount.
Acceptance of office by councillor
33(2.3)Notwithstanding subsections (1), (2.01) and (2.1), unless a person’s election was by acclamation, a person elected to office on a municipal council in a quadrennial election, a by-election or a first election under section 19 shall not accept office by taking and subscribing to the oath of office before the expiration of the ten day period referred to in subsection 41.1(1) or 42(1) of the
Municipal Elections Act following the person’s election.
Acceptance of office by councillor
33(3)No person shall take his seat on a council before he has accepted office as provided in this section.
Acceptance of office by councillor
33(4)The following may administer the oath:
(b)
a notary public or a commissioner of oaths; or
(c)
a judge of the Provincial Court, The Court of Queen’s Bench of New Brunswick or The Court of Appeal of New Brunswick.
Acceptance of office by councillor
33(5)Once administered, an oath shall be filed with the clerk and the clerk shall record in the minutes of council the taking of every oath under this section.
Offences and penalty respecting failure to take oath of office
33(6)Except when excused by council, a person who fails to comply with this section commits an offence punishable under Part II of the
Provincial Offences Procedure Act as a category B offence.
Resignation by councillor
33(7)A member of a council may resign his office by filing with the clerk his resignation in writing.
1966, c.20, s.34; 1968, c.41, s.8; 1969, c.58, s.9; 1976, c.40, s.3; 1978, c.41, s.5; 1981, c.52, s.8; 1990, c.61, s.89; 1995, c.46, s.6; 2003, c.27, s.18; 2004, c.2, s.7; 2007, c.79, s.66