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E-2.2 - Act respecting elections and referendums in municipalities

Section 314.1
Disposition versions

Full text
314.1. Notwithstanding sections 313 and 314, where a change affecting the composition of the council, such as a change described in the third paragraph, takes effect following a general election,
(1)  the term of a candidate elected to the office of councillor shall begin on the later of the following events:
(a)  when he makes the oath of office;
(b)  when the majority of the candidates elected to the office of councillor have made the oath of office;
(2)  the term of every councillor whose seat is open for nominations or ceases to exist following that election shall expire at the time specified in paragraph b of subparagraph 1.
However, if the majority of the candidates elected to the office of councillor have not made the oath of office before the thirty-fifth day following polling day, the term of a candidate who has made the oath of office shall begin on that day and the term of the councillors referred to subparagraph 2 of the first paragraph shall expire at the same time.
Changes affecting the composition of the council and giving rise to the application of the first or second paragraph are as follows:
(1)  a reduction in the number of seats of councillor;
(2)  the beginning or end of the division of the territory for election purposes;
(3)  the replacement of a division of the territory into wards by a division into electoral districts;
(4)  a change in the boundaries of any of the electoral districts or wards.
The clerk or the clerk-treasurer shall give notice in writing to every person affected by this section of the date of the beginning or expiry of his term.
1989, c. 56, s. 4; 1990, c. 47, s. 23; 2009, c. 11, s. 30; 2021, c. 31, s. 132.
314.1. Notwithstanding sections 313 and 314, where a change affecting the composition of the council, such as a change described in the third paragraph, takes effect following a general election,
(1)  the term of a candidate elected to the office of councillor shall begin on the later of the following events:
(a)  when he makes the oath of office;
(b)  when the majority of the candidates elected to the office of councillor have made the oath of office;
(2)  the term of every councillor whose seat is open for nominations or ceases to exist following that election shall expire at the time specified in paragraph b of subparagraph 1.
However, if the majority of the candidates elected to the office of councillor have not made the oath of office before the thirty-fifth day following polling day, the term of a candidate who has made the oath of office shall begin on that day and the term of the councillors referred to subparagraph 2 of the first paragraph shall expire at the same time.
Changes affecting the composition of the council and giving rise to the application of the first or second paragraph are as follows:
(1)  a reduction in the number of seats of councillor;
(2)  the beginning or end of the division of the territory for election purposes;
(3)  the replacement of a division of the territory into wards by a division into electoral districts;
(4)  a change in the boundaries of any of the electoral districts or wards.
The clerk or the secretary-treasurer shall give notice in writing to every person affected by this section of the date of the beginning or expiry of his term.
1989, c. 56, s. 4; 1990, c. 47, s. 23; 2009, c. 11, s. 30.
314.1. Notwithstanding sections 313 and 314, where a change affecting the composition of the council, such as a change described in the third paragraph, takes effect following a regular election,
(1)  the term of a candidate elected to the office of councillor for a seat open for nominations at that election shall begin on the later of the following events:
(a)  when he makes the oath of office;
(b)  when the majority of the candidates elected to the office of councillor have made the oath of office;
(2)  the term of every councillor whose seat is open for nominations or ceases to exist following that election shall expire at the time specified in paragraph b of subparagraph 1.
However, if the majority of the candidates elected to the office of councillor for seats open for nominations at the election have not made the oath of office before the thirty-fifth day following polling day, the term of a candidate who has made the oath of office shall begin on that day and the term of the councillors referred to subparagraph 2 of the first paragraph shall expire at the same time.
Changes affecting the composition of the council and giving rise to the application of the first or second paragraph are as follows:
(1)  a reduction in the number of seats of councillor;
(2)  the beginning or end of the division of the territory for election purposes;
(3)  the replacement of a division of the territory into wards by a division into electoral districts;
(4)  a change in the boundaries of any of the electoral districts or wards.
The clerk or the secretary-treasurer shall give notice in writing to every person affected by this section of the date of the beginning or expiry of his term.
1989, c. 56, s. 4; 1990, c. 47, s. 23.
314.1. Notwithstanding sections 313 and 314, where a change affecting the composition of the council, such as a change described in the third paragraph, takes effect following a regular election,
(1)  the term of a candidate elected to the office of councillor for a seat open for nominations at that election shall begin on the later of the following events:
(a)  when he makes the oath of office;
(b)  when the majority of the candidates elected to the office of councillor have made the oath of office;
(2)  the term of every councillor whose seat is open for nominations or ceases to exist following that election shall expire at the time specified in paragraph b of subparagraph 1.
However, if the majority of the candidates elected to the office of councillor for seats open for nominations at the election have not made the oath of office before the thirty-fifth day following polling day, the term of a candidate who has made the oath of office shall begin on that day and the term of the councillors referred to subparagraph 2 of the first paragraph shall expire at the same time.
Changes affecting the composition of the council and giving rise to the application of the first or second paragraph are as follows:
(1)  a reduction in the number of numbered seats of councillor;
(2)  the beginning or end of the division of the territory for election purposes;
(3)  the replacement of a division of the territory into wards by a division into electoral districts;
(4)  a change in the boundaries of any of the electoral districts.
The clerk or the secretary-treasurer shall give notice in writing to every person affected by this section of the date of the beginning or expiry of his term.
1989, c. 56, s. 4.
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