Municipal By-Election 2023

• Town of Hinton Bylaw 1124 Council Code of Conduct Bylaw
• Town of Hinton Deputy Mayor Terms
• Local Authorities Election Act

Eligibility/ Ineligibility 

• In accordance to the Local Authorities Election Act (LAEA),  A person may be nominated as a candidate in any election under this Act. Please refer to section 21 (LAEA) for complete list of qualifications of candidates.  When a person is not eligible to be nominated, please refer to section 22 (LAEA) for a complete list of ineligibility.  
•  Ineligibility for nomination under section 23(1) of the LAEA, a person is not eligible to be nominated for more than one office of the same elected authority. (2) A member who holds office on an elected authority is not eligible to be nominated for or elected to the same or any other office on the elected authority (a) unless the member’s term of office is expiring, or (b) if the member’s term of office is not expiring, unless the member has resigned that office effective 18 days or more before nomination day.

What happens in the case of insufficient nominations?

• As stated in the LAEA, section 31(1) If the number of persons nominated for any office is less than the number required to be elected, the time for receipt of nominations (a) shall stand adjourned to the next day at the same place at the hour of 10 a.m. and shall remain open until 12 noon for the purpose of receiving further nominations for the office, and (b) shall continue to remain open and be adjourned in the same manner from day to day until 12 noon of the day that the required number of nominations has been received or a period of 6 days, including nomination day but not including Saturday, Sunday and holidays, as defined in the Interpretation Act, has elapsed. 

What happens if a councilor runs for Mayor?

•  Referring to the LAEA section 23(2) A member who holds office on an elected authority is not eligible to be nominated for or elected to the same or any other office on the elected authority, unless the member has resigned that office effective 18 days or more before nomination day.
  • Nomination day is October 19, 2023, a member must submit resignation to the CAO prior to the last working day 18 days before nomination day, which is September 29, 2023. The CAO is required to report the resignation at the first council meeting following the receipt of resignation.  A council must hold a by-election to fill the vacancy. 

Can a candidate withdrawal their nomination?

• Yes, in accordance with LAEA section 32 (1) A person nominated as a candidate may withdraw as a candidate at any time during the nomination period.  

What happens in the case of an election by acclamation?

• As indicated in section 34(1) of the LAEA, when at the close of nominations the number of persons nominated for any office is the same as the number required to be elected, the returning officer shall declare the persons nominated to be elected to the offices for which they were nominated.