CPA · Municipal Government Act
Part 5 — Councils, Councillors and Council Committees Division 1 Councils and Council Committees
175 Division 8 Enforcement of Disqualification Resignation on disqualification
RSA 2000
(2) If a councillor does not resign immediately,
(a) the council may apply to a judge of the Court of King's
Bench for
(i) an order determining whether the person was never
qualified to be or has ceased to be qualified to remain a
councillor, or
(ii) an order declaring the person to be disqualified from
council,
or
(b) an elector who
(i) files an affidavit showing reasonable grounds for
believing that a person never was or has ceased to be
qualified as a councillor, and
(ii) pays into court the sum o f $500 as security for costs,
may apply to a judge of the Court of King's Bench for an
order declaring the person to be disqualified from council.
(3) An application under this section may only be made within 3
years from the date the disqualification is alleged to have occurred.
(4) An application under this section may be started or continued
whether or not an election has been held between the time the
disqualification is alleged to have occurred and the time the
application is or was commenced and whether or not the person in
respect of whom the application is being brought
(a) resigns before or after the election,
(b) was re-elected in the election,
(c) was not re-elect ed or did not run in the election, or
(d) has completed a term of office.
(5) Notwithstanding subsections (3) and (4), an application may
not be made under this section if a declaration has been made under
section 175.1(1) respecting the same councillor and the same
reason and facts for disqualification.
RSA 2000 cM-26 s175;2009 c53 s119;AR 217/2022;2024 c11 s2(8)
RSA 2000
Section 175.1 MUNICIPAL GOVERNMENT ACT Chapter M-26
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