E-2.1 - Act respecting elections in certain municipalities

Section 33.9 Disposition versions

1980-06-18

33.9. When the office of mayor becomes vacant within the twelve months preceding the fixed election date prescribed for that office by the act governing the municipality, the councillors shall elect one of their number to fill the office of mayor for the remainder of the term, within fifteen days after the vacancy has occurred. That election is by secret ballot, and the clerk shall proclaim elected the person who obtains a majority of the votes of the councillors present. If the votes are equally divided, the person presiding at the sitting shall give a casting vote, even if he has already voted and notwithstanding any contrary provision.

The acceptance by a councillor of the office of mayor renders his office of councillor vacant.

When the office of councillor becomes vacant during the period contemplated in the first paragraph, it remains vacant until the next fixed election date prescribed for that office, subject to section 33.10.

Notwithstanding the first three paragraphs, the council of a municipality may, within fifteen days after a vacancy, order that it be filled in accordance with section 33.7. The returning officer shall then act in accordance with that section within eight days of the decision of the council.

1980, c. 16, s. 25.