C-19 - Cities and Towns Act

Section 61 Disposition versions

1982-12-18

61. (Repealed).

R. S. 1964, c. 193, s. 61; 1968, c. 55, s. 23; 1971, c. 55, s. 4; 1977, c. 52, s. 7; 1982, c. 63, s. 114.

1977-12-31

61. (1)  When the office of mayor or councillor becomes vacant more than twelve months before the general election fixed by section 149, the returning officer must, within eight days after the vacancy has occurred, begin election proceedings to fill that office by publishing the notice provided for in section 156. That election must be conducted in every respect, mutatismutandis, as a general election, subject to section 146 as regards the electoral list.

If no person is nominated for election to the office of mayor, the councillors must, within fifteen days after the expiry of the delay fixed for the nomination of candidates, proceed in accordance with section 62. If no person is nominated for election to the office of councillor, that office remains vacant until the next election.

(2)  If the term of office of the majority of the councillors of a municipality expires on the same day, more than twelve months before the general election fixed by section 149, the returning officer shall, within eight days, give the notice contemplated in section 156, and the election shall be held in the same manner, in all respects, as a general election, subject to section 146.

Within the same delay of eight days, the clerk of the municipality shall also notify the Minister of Municipal Affairs and explain the situation to him; the Minister of Municipal Affairs may then appoint the number of councillors required to enable the council to sit validly, choosing persons entitled to be entered on the electoral list who have been domiciled in the municipality for at least twenty-four months; the persons so appointed shall only remain in office until the nominations which must be made for the purposes of the election contemplated in the preceding paragraph.

(3)  When the number of vacancies on the council reduces the number of members thereof to a point where the council can no longer validly sit except in the case contemplated in subsection 2, the clerk of the municipality shall forthwith notify the Minister of Municipal Affairs and explain the situation to him; the Minister of Municipal Affairs may then appoint the number of councillors required to enable the council to sit validly, choosing persons who have the qualifications required by section 115, mutatis mutandis; such persons shall be appointed for the balance of the term of office of the councillors whose term of office has expired.

R. S. 1964, c. 193, s. 61; 1968, c. 55, s. 23; 1971, c. 55, s. 4; 1977, c. 52, s. 7.