Part 5 — Councils, Councillors and Council Committees Division 1 Councils and Council Committees
174 Division 7 Disqualification of Councillors Reasons for disqualification
(a) when the councillor was nominated, the councillor was not
eligible for nomination as a candidate under the Local
Authorities Election Act;
(b) the councillor ceases to be e ligible for nomination as a
candidate under the Local Authorities Election Act;
(b.1) the councillor
(i) fails to file a disclosur e statement as required under
section 147.4 of the Local Authorities Election Act
before the end of the time period referred to in section
147.7 of the Local Authorities Election Act, and
(ii) has not been relieved fr om the obligation to file a
disclosure statement by a court order under section 147.8
of the Local Authorities Election Act;
(c) the councillor becomes a judge of a court or a member of
the Senate or House of Commons of Canada or of the
Legislative Assembly of Alberta;
(d) the councillor is absent fr om all regular council meetings
held during any period of 60 consecutive days, starting with
the date that the first meeting is missed, unless subsection
(2) applies;
(e) the councillor is convicted
(i) of an offence punishable by imprisonment for 5 or more
years, or
(ii) of an offence under section 123, 124 or 125 of the
Criminal Code (Canada);
(f) the councillor does not vote on a matter at a council meeting
at which the councillor is present, unless the councillor is
RSA 2000
Section 175 MUNICIPAL GOVERNMENT ACT Chapter M-26
130
required or is permitted to abstain from voting under this or
any other enactment;
(g) the councillor contravenes section 172;
(h) the councillor has a pecuni ary interest in an agreement that
is not binding on the municipality under section 173;
(i) the councillor uses information obtained through being on
council to gain a pecuniary benefit in respect of any matter;
(j) the councillor becomes an employee of the municipality;
(k) the councillor is liable to the municipality under section
249.
(2) A councillor is not disqualified by being absent from regular
council meetings under subsection (1)(d) if
(a) the absence is authorized by a resolution of council passed
at any time
(i) before the end of the last regular meeting of the council
in the 60-day period, or
(ii) if there is no other regular meeting of the council during
the 60-day period, before the end of the next regular
meeting of the council,
or
(b) the absence is in accorda nce with a bylaw under section
144.1.
(3) For the purposes of this section, a councillor is not considered
to be absent from a council meeting if the councillor is absent on
council business at the direction of council.
(4) A councillor who is disqualified under this section is eligible to
be elected at the next general election in the municipality if the
person is eligible for nomination under the Local Authorities
Election Act.
RSA 2000 cM-26 s174;2009 c10 s3.1;2010 c9 s2;
2017 c13 s1(15);2018 c23 s58;2023 c9 s19(4)