Acts and Regulations

2017, c.18 - Local Governance Act

Full text
First elections and by-elections held after incorporation, amalgamation, annexation or decrease in territorial limits
2021, c.44, s.4
33.1(1)A regulation effecting an incorporation or amalgamation of a local government shall provide for a first election in accordance with subsection (6).
33.1(2)A regulation effecting an annexation that results in an increase of more than 50% in the population of the residents of a local government shall provide for a first election in accordance with subsection (6).
33.1(3)A regulation effecting an annexation that results in an increase of between 15% and 50%, inclusive, in the population of the residents of a local government may provide for a by-election in accordance with subsection (7).
33.1(4)A regulation effecting an annexation that results in an increase of less than 15% in the population of the residents of a local government shall not provide for the holding of a first election or by-election.
33.1(5)A regulation effecting a decrease in territorial limits of a local government may provide for the holding of a first election in accordance with subsection (6).
33.1(6)For the purpose of a first election, the Lieutenant-Governor in Council may provide for
(a) the number of members on the first council,
(b) the holding of elections of councillors at large, by ward, or a combination of the two, either before or after the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits,
(c) the polling divisions,
(d) the setting of days for nominations, either before or after the effective date of the incorporation, amalgamation, annexation or decrease in territorial limits,
(e) the setting of the day for holding the first election,
(f) the qualifications of candidates and voters,
(g) the preparation of voters lists,
(h) the setting of the day for the taking of the oath of office or the making of the affirmation of office, as the case may be,
(i) the setting of days for first meetings of councils, and
(j) any other matters that the Lieutenant-Governor in Council considers necessary to provide for the effective administration of the new local government.
33.1(7)For the purpose of a by-election, the Lieutenant-Governor in Council may provide for
(a) the number of new councillors to be added to the council,
(b) the holding of by-elections for the new councillors, as councillors at large, by ward, or a combination of the two, either before or after the effective date of the annexation,
(c) the polling divisions,
(d) the setting of days for nominations, either before or after the effective date of the annexation,
(e) the setting of the day for holding the by-election,
(f) the qualifications of candidates and voters,
(g) the preparation of voters lists,
(h) the setting of the day for the taking of the oath of office or the making of the affirmation of office, as the case may be, and
(i) any other matters that the Lieutenant-Governor in Council considers necessary to provide for the effective administration of the local government.
2021, c.44, s.4