Acts and Regulations

M-22 - Municipalities Act

Full text
By-election
35(1)Subject to subsections (2) and (3), the council shall by resolution within two months from the date that the vacancy arises, declare each vacancy resulting under subsection 34(1) excepting paragraph (a) thereof and resignations provided for in subsection 39(2), and within ten days of such declaration the clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer who shall hold a by-election to fill the vacancy.
35(1.1)Where by reason of a vacancy in a council resulting under paragraphs 34(1)(b), (c), (d), (e), (f), (g) or (g.1) a quorum can no longer be constituted, the Minister shall declare the vacancy resulting therefrom and within ten days of such declaration the clerk shall forward a certified copy to the Municipal Electoral Officer who shall hold a by-election to fill the vacancy.
35(2)The Municipal Electoral Officer shall declare each vacancy resulting under paragraph 34(1)(a) and shall hold a by-election to fill it.
35(3)A by-election shall not be held during the twelve months immediately preceding the date of a quadrennial election provided that nothing herein shall prevent a by-election from being held during the twelve months immediately preceding the date of the first quadrennial election referred to in subsection 38(2) to fill a vacancy in a council to which subsection 38(2) applies.
35(4)Repealed: 1979, c.M-21.01, s.58
35(5)Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.36; 1968, c.41, s.9; 1971, c.50, s.2, 3; 1973, c.62, s.1; 1979, c.M-21.01, s.58; 1979, c.47, s.6; 1997, c.54, s.16; 2004, c.2, s.8
By-election
35(1)Subject to subsections (2) and (3), the council shall by resolution within two months from the date that the vacancy arises, declare each vacancy resulting under subsection 34(1) excepting paragraph (a) thereof and resignations provided for in subsection 39(2), and within ten days of such declaration the clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer who shall hold a by-election to fill the vacancy.
35(1.1)Where by reason of a vacancy in a council resulting under paragraphs 34(1)(b), (c), (d), (e), (f), (g) or (g.1) a quorum can no longer be constituted, the Minister shall declare the vacancy resulting therefrom and within ten days of such declaration the clerk shall forward a certified copy to the Municipal Electoral Officer who shall hold a by-election to fill the vacancy.
35(2)The Municipal Electoral Officer shall declare each vacancy resulting under paragraph 34(1)(a) and shall hold a by-election to fill it.
35(3)A by-election shall not be held during the twelve months immediately preceding the date of a quadrennial election provided that nothing herein shall prevent a by-election from being held during the twelve months immediately preceding the date of the first quadrennial election referred to in subsection 38(2) to fill a vacancy in a council to which subsection 38(2) applies.
35(4)Repealed: 1979, c.M-21.01, s.58
35(5)Repealed: 1979, c.M-21.01, s.58
1966, c.20, s.36; 1968, c.41, s.9; 1971, c.50, s.2, 3; 1973, c.62, s.1; 1979, c.M-21.01, s.58; 1979, c.47, s.6; 1997, c.54, s.16; 2004, c.2, s.8