39(1)A member of council is elected to hold office until the first meeting of an incoming council following a quadrennial election.
39(1.1)Repealed: 2004, c.2, s.11
Barrier to being a candidate
39(1.2)Subject to subsection (2), a member who resigns is not qualified to be a candidate at a by-election held to fill the vacancy created by his resignation.
Duty of councillor when seeking other council seat in by-election
39(2)Before a member of a council may file nomination papers for any other office of council in a by-election, he shall resign his office as a member not less than twenty-one days before the day fixed for the close of nominations and shall forthwith send notice of such resignation to the Municipal Electoral Officer.
Duty of councillor when seeking other council seat in by-election
39(3)The Municipal Electoral Officer shall, upon receipt of the resignation notice referred to in subsection (2), forthwith declare a vacancy and call for nominations to fill the vacancy so that the vacancy may be filled at the time of the by-election mentioned in subsection (2).
1966, c.20, s.40; 1967, c.56, s.13; 1968, c.41, s.12; 1969, c.58, s.10, 11; 1971, c.50, s.7; 1976, c.40, s.5; 1979, c.47, s.8; 2003, c.27, s.24; 2004, c.2, s.11