Acts and Regulations

2017, c.18 - Local Governance Act

Section 51
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Filling a vacancy on a council
51(1)Subject to subsections (3) and (4), the council shall by resolution within two months after the date that a vacancy arises, declare any vacancy resulting under paragraphs 50(1)(b) to (h) and any resignation provided for in subsection 55(3) and, within ten days after the 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.
51(2)If by reason of any vacancy resulting under paragraphs 50(1)(b) to (h) a quorum can no longer be constituted, the Minister shall declare the vacancy and, within ten days after the declaration, the clerk shall forward a certified copy to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy.
51(3)The Municipal Electoral Officer shall declare any vacancy resulting under paragraph 50(1)(a) and shall hold a by-election to fill it.
51(4)A by-election shall not be held during the 12 months immediately preceding the date of a general election, provided that this does not prevent a by-election from being held during the 12 months immediately preceding the date of the first general election referred to in subsection 54(2) to fill a vacancy in a council to which subsection 54(2) applies.
Filling a vacancy on a council
51(1)Subject to subsections (3) and (4), the council shall by resolution within two months after the date that a vacancy arises, declare any vacancy resulting under paragraphs 50(1)(b) to (h) and any resignation provided for in subsection 55(3) and, within ten days after the 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.
51(2)If by reason of any vacancy resulting under paragraphs 50(1)(b) to (h) a quorum can no longer be constituted, the Minister shall declare the vacancy and, within ten days after the declaration, the clerk shall forward a certified copy to the Municipal Electoral Officer, who shall hold a by-election to fill the vacancy.
51(3)The Municipal Electoral Officer shall declare any vacancy resulting under paragraph 50(1)(a) and shall hold a by-election to fill it.
51(4)A by-election shall not be held during the 12 months immediately preceding the date of a general election, provided that this does not prevent a by-election from being held during the 12 months immediately preceding the date of the first general election referred to in subsection 54(2) to fill a vacancy in a council to which subsection 54(2) applies.