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.

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