36(1)In this section, “resident” means resident within the meaning of section 14 of the Municipal Elections Act.

36(2)Except as provided under this section or in a regulation under subsection 22(1), 24(1) or (2) or 25(1) or section 26, the Municipal Elections Act applies to a first election for council and the first election shall be held in accordance with the Municipal Elections Act.

36(3)A first election shall not be held in the six-month period after a general election is held.

36(4)If a first election is held at the same time as a general election, the Municipal Electoral Officer may, on or after January 1 in the year in which the election is to be held, change the polling divisions determined under subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsection 10(2) of the Municipal Elections Act to provide for any revised polling divisions that are necessary for the conduct of the first election.

36(5)A person is not qualified to be a candidate for the office of mayor or councillor of a local government in a first election unless the person has been resident within the territorial limits of the local government, as the territorial limits of the local government are described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government, for at least six months immediately before the election.

36(6)If a first election is held in a local government that is divided into wards, a person is not entitled to be a candidate for the office of councillor for a ward unless the person is resident in the ward, as that ward is described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government, at the time of the person’s nomination.

36(7)If a first election is held in a local government that is divided into wards, the voters resident in a ward shall vote only for the candidates nominated for that ward unless provided otherwise in the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government.

36(8)Subsection (7) does not apply to candidates for the office of mayor or councillor at large.

36(9)If a first election is held at the same time as a general election, the Municipal Electoral Officer shall give a notice of election in relation to the local government as described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits but shall not give a notice of election in relation to the local government that exists before the effective date of the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of that local government.

36(10)Except if a first election is held at the same time as a general election and subject to subsection (11), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.

36(11)The Municipal Electoral Officer may, if the Municipal Electoral Officer considers it advisable, prepare a new voters list for the first election in accordance with the Municipal Elections Act.

36(11.1)This section applies with the necessary modifications to a by-election held in relation to an annexation referred to in subsection 33.1(3).

36(12)If there is a conflict between a provision in a regulation made under subsection 22(1), 24(1) or (2) or 25(1) or section 26 and a provision of this section, the provision in the regulation prevails.

36(1)In this section, “resident” means resident within the meaning of section 14 of the Municipal Elections Act.

36(2)Except as provided under this section or in a regulation under subsection 22(1), 24(1) or (2) or 25(1) or section 26, the Municipal Elections Act applies to a first election for council and the first election shall be held in accordance with the Municipal Elections Act.

36(3)A first election shall not be held in the six-month period after a general election is held.

36(4)If a first election is held at the same time as a general election, the Municipal Electoral Officer may, on or after January 1 in the year in which the election is to be held, change the polling divisions determined under subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsection 10(2) of the Municipal Elections Act to provide for any revised polling divisions that are necessary for the conduct of the first election.

36(5)A person is not qualified to be a candidate for the office of mayor or councillor of a local government in a first election unless the person has been resident within the territorial limits of the local government, as the territorial limits of the local government are described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government, for at least six months immediately before the election.

36(6)If a first election is held in a local government that is divided into wards, a person is not entitled to be a candidate for the office of councillor for a ward unless the person is resident in the ward, as that ward is described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government, at the time of the person’s nomination.

36(7)If a first election is held in a local government that is divided into wards, the voters resident in a ward shall vote only for the candidates nominated for that ward unless provided otherwise in the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of the local government.

36(8)Subsection (7) does not apply to candidates for the office of mayor or councillor at large.

36(9)If a first election is held at the same time as a general election, the Municipal Electoral Officer shall give a notice of election in relation to the local government as described under the regulation effecting the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits but shall not give a notice of election in relation to the local government that exists before the effective date of the incorporation, amalgamation, amalgamation and annexation, annexation or decrease in territorial limits of that local government.

36(10)Except if a first election is held at the same time as a general election and subject to subsection (11), the preliminary voters list for a first election shall be the most recent voters list prepared for the previous election.

36(11)The Municipal Electoral Officer may, if the Municipal Electoral Officer considers it advisable, prepare a new voters list for the first election in accordance with the Municipal Elections Act.

36(12)If there is a conflict between a provision in a regulation made under subsection 22(1), 24(1) or (2) or 25(1) or section 26 and a provision of this section, the provision in the regulation prevails.