Qualifications (Eligibility)

Member of Council Eligibility

Section 256 and 257 of the Municipal Act, 2001 - Eligibility:

256. Every person is qualified to be elected or to hold office as a member of a council of a local municipality,

(a) who is entitled to be an elector in the local municipality under section 17 of the Municipal Elections Act, 1996; and

(b) who is not disqualified by this or any other Act from holding the office.

257. Every person is qualified to be elected or to hold office as a member of a council of an upper-tier municipality,

(a) who is entitled to be an elector in a lower-tier municipality within the upper-tier municipality under section 17 of the Municipal Elections Act, 1996; and

(b) who is not disqualified by this or any other Act from holding the office.

Elector Eligibility

Section 17 of the Municipal Elections Act, 1996 “Qualifications of electors”:

17(2) A person is entitled to be an elector at an election held in a local municipality if on voting day, he or she,

(a) resides in the local municipality or is the owner or tenant of land there, or is the spouse of such owner or tenant;

(b) is a Canadian citizen;

(c) is at least 18 years old; and

(d) is not prohibited from voting under subsection (3) or otherwise by law.

Persons prohibited from voting

(3) The following persons are prohibited from voting:

1. A person who is serving a sentence of imprisonment in a penal or correctional institution.

2. A corporation.

3. A person acting as executor or trustee or in any other representative capacity, except as a voting proxy in accordance with section 44.

4. A person who was convicted of the corrupt practice described in subsection 90(3), if voting day in the current election is less than four years after voting day in the election in respect of which he or she was convicted.

Ineligibility - Member of Council

Section 258 of the Municipal Act, 2001

258(1) The following are not eligible to be elected as a member of a council or to hold office as a member of a council:

1. Except in accordance with Section (30) of the Municipal Elections Act, 1996, an employee of the municipality or a person who is not an employee of the municipality but who is the clerk or treasurer of the municipality or who holds any administrative position of the municipality.

2. A judge of any court.

3. A member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada.

4. Except in accordance with Part III of the Public Service Act, a crown employee as defined in that Act.

Disqualification

258(2) A member of council of a municipality is disqualified from holding office if, at any time during the term of office of that member, he or she,

(a) ceases to be a Canadian citizen;

(b) is not a resident, the owner or tenant of land or the spouse of an owner or tenant of land in the municipality, in the case of a member of council of a local municipality, or in a lower-tier municipality within the upper-tier municipality, in the case of a member of council of an upper-tier municipality; or

(c) would be prohibited under this or any other Act from voting in an election for the office of a member of council of the municipality if an election was held at that time.

Qualification of School Board Members

Section 219 of the Education Act

219(1) A person is qualified to be elected as a member of a district school board or school authority if the person is qualified to vote for members of that district school board or that school authority and is resident in its area of jurisdiction.

(2) A person who is qualified under subsection (1) to be elected as a member of a district school board or school authority is qualified to be elected as a member of that district school board or school authority for any geographic area in the district school board’s or school authority’s area of jurisdiction, regardless of which positions on that district school board or school authority the person may be qualified to vote for.

(3) A member of a district school board or school authority is eligible for re-election if otherwise qualified.

Disqualification of School Board Members

Section 219 of the Education Act

(4) Despite Subsection (1), a person is not qualified to be elected or to act as a member of a district school board or school authority if the person is,

(a) an employee of a district school board or school authority;

(b) the Clerk or Treasurer or Deputy Clerk or Deputy Treasurer of a municipality or upper-tier municipality, all or part of which is included in the area of jurisdiction of the district school board or the school authority;

(c) a member of the Assembly or of the Senate or House of Commons of Canada;

(d) otherwise ineligible or disqualified under this or any other Act.

(5) Despite subsection (4) none of the following persons is ineligible to be a candidate for or to be elected as a member of a district school board or school authority if he or she takes an unpaid leave of absence, beginning no later than the day the person is nominated and ending on voting day:

1. an employee of a district school board or school authority;

2. the Clerk, Treasurer, Deputy Clerk or Deputy Treasurer of a municipality or upper-tier municipality, all or part of which is included in the area of jurisdiction of a district school board or school authority;

Qualification to act as a member
(9) A person is not qualified to act as a member of a district school board or school authority if the person ceases to hold the qualifications required to be elected as a member of the district school board or the school authority.

Person not to be candidate for more than one seat
(10) No person shall run as a candidate for more than one seat on a district school board or school authority and any person who does so and is elected to hold one or more seats on the district school board or the school authority is not entitled to act as a member of the district school board or the school authority by reason of the election.

Vacancy where member is disqualified
(11) The seat of a member of a district school board or school authority who is not qualified or entitled to act as a member of that district school board or that school authority is vacated.

Qualification of French Language District School Board Members

Canadian citizens have French-language education rights if they can answer yes to any one of the following questions:

• Is French the language you first learned and still understand?

• Did you receive your elementary school instruction in Canada in French? (This does not include French immersion or French as a second language).

• Have any of your children received, or are they now receiving elementary or secondary school instruction in Canada in French? (This does not include French immersion or French as a second language).

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