Term of office
2000, c.52, s.30
36.7(1)Subject to subsection (4), the term of office of every elected councillor is four years commencing the first day of July following the District Education Council elections and ending the thirtieth day of June following the next elections.
36.7(2)A person may be re-elected to a District Education Council for any subsequent four year term if that person continues to meet the eligibility requirements under section 36.41 to be a candidate for the office of councillor.
36.7(3)Subject to subsection (4), the term of office of a councillor appointed under subsection 36.2(3) or 36.51(1) commences on the date of the councillor’s appointment and ends on the thirtieth day of June following the next District Education Council elections.
36.7(3.1)Subject to subsection (4), the term of office of a councillor appointed under subsection 36.2(3.1) commences on the first day of July in the year in which the councillor is appointed and ends on the thirtieth day of June the following year.
36.7(4)A position on a District Education Council is considered to be vacant where a councillor
(b)
becomes ill, so as to be declared by the District Education Council as incapable of acting as a councillor for the remainder of the councillor’s term of office,
(c)
is declared by the District Education Council to have acted wilfully or negligently in contravention of this Act,
(d)
is convicted of an indictable offence,
(e)
is declared by the District Education Council to have failed to attend three regular meetings in a twelve month period without cause,
(f)
becomes a member of the school personnel or an employee of the Department of Education and Early Childhood Development, or
(g)
ceases to be a resident of the school district for which the councillor was elected or appointed.
36.7(5)A councillor may resign from office by giving notice in writing to the secretary of the District Education Council.
36.7(6)A District Education Council shall, in writing, notify the Minister of a resignation received by the District Education Council under subsection (5) within seven days after the acceptance by the District Education Council of the resignation.
36.7(6.1)If the position of a councillor is vacated under paragraph (4)(c),(d) or (e), the person is not eligible to be elected or appointed or to serve as a councillor for the subsequent term.
36.7(7)Where the position of a councillor is vacated under subsection (4), the Minister shall, subject to subsection (8) and in accordance with the regulations, appoint a person to fill the vacant position for the balance of the term of the councillor replaced from among candidates nominated, in accordance with the regulations, by the District Education Council.
36.7(8)A person is eligible for appointment to a District Education Council under subsection (7) if the person is eligible under section 36.41 to be a candidate for the office of councillor in the electoral zone or, where an electoral zone has not been established, in the subdistrict in which the vacant position exists.
36.7(9)Notwithstanding subsection (7), where the position of a councillor appointed under subsection 36.2(3) is vacated under subsection (4), the Minister shall appoint a person who is a member of a Mi’kmaq or Wolastoqey First Nation and who resides in the school district to fill the vacant position for the balance of the term of the councillor replaced.
36.7(10)Notwithstanding subsection (7), where the position of a councillor appointed under subsection 36.2(3.1) is vacated under subsection (4), the Minister shall appoint a councillor who is a pupil and who resides in the school district to fill the vacant position for the balance of the term of the councillor replaced.
2000, c.52, s.30; 2004, c.2, s.16; 2009, c.33, s.2; 2010, c.31, s.34; 2021, c.10, s.1