E-2.1 - Act respecting elections in certain municipalities

Section 33.10 Disposition versions

1980-06-18

33.10. The clerk of the municipality shall notify in writing the Minister of Municipal Affairs and shall explain to him the situation each time that

(1)  the election for which the date is fixed by the act governing the municipality has not taken place on that date;

(2)  the election contemplated in section 33.7 or in section 170 or 235 of the Cities and Towns Act has not taken place on the date fixed by virtue of those provisions;

(3)  the notice fixing the date of an election contemplated in paragraph 2 has not been given;

(4)  the election has taken place but an insufficient number of council members have been elected; or

(5)  by reason of vacancies, there is not a quorum on the council.

In the case contemplated in the first paragraph, the Minister of Municipal Affairs may order an election to be held on the date that he fixes. The election shall be presided over by the person that he designates, and the second and third paragraphs of section 33.7 apply thereto. Notice of the election is given in accordance with the first paragraph of that section.

If the election ordered by the Minister does not take place or an insufficient number of council members are elected at that election, the Minister may avail himself again of the power mentioned in the second paragraph or appoint eligible persons to fill the vacant offices, or one or several of them, for the remainder of the term of the council members that they replace.

If the Minister avails himself again of the power mentioned in the second paragraph and the election does not take place or an insufficient number of council members are elected at the election, the Minister may appoint eligible persons to fill the vacant offices, or one or several of them, for the remainder of the term of the council members that they replace.

1980, c. 16, s. 25.