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Local Government Elections Act Amendment

Res #: 16-21A
Number: 16
Year: 2021
Midterm: No
Expired: No
Responses Received: Yes
Departments: Saskatchewan Ministry of Government Relations

WHEREAS Councillors and the Reeve of a rural municipality are the to be elected in accordance with The Local Government Elections Act, 2015; and

WHEREAS any vacancy on a council is to be filled in accordance with The Local Government Elections Act, 2015; and

WHEREAS on the close of the period for withdrawal of nominations, if the number of persons remaining in nomination is equal to the number to be elected to any office, the returning officer shall declare the persons nominated to be elected, and there shall be no polling with respect to that office; and

WHEREAS on the close of period for withdrawal of nominations, if the number of persons remaining in nomination is less than the number to be elected to any office the returning officer shall declare the person then in nomination for that office, if any, to be duly elected and then call for further nominations for the remaining vacancies; and

WHEREAS currently if a candidate is declared elected his or her term of office commences at the first meeting of council, set by the Administrator, following the day of the election for which the candidate was declared elected; and

WHEREAS the term of office of members elected at a general election commences at the first meeting of council following the general election continue until the first meeting of the council following the next general election; and

WHEREAS this could result in Councillors, or a Reeve, not any longer concerned with municipal operations attending council meetings or possibly not attending scheduled council meetings and hence a quorum not being present; and

BE IT RESOLVED that SARM lobby the provincial government to amend The Local Government Elections Act, 2015 to allow Councillors, or Reeve, to assume office at the next council meeting following his or her being elected by acclamation; and

BE IT FURTHER RESOLVED that the Local Government Elections Act, 2015 be amended so that once a candidate is acclaimed elected to a council position that the person currently holding office loses his or her position on council prior to the next council meeting.

Responses From: Saskatchewan Ministry of Government Relations

February 27, 2024

The Ministry of Government Relations does not support this resolution. Typical parliamentary practice provides that the term of office for an elected official begins following the general election at which the person was elected/acclaimed, and it concludes on a specified date following the next general election.

This holds true for a person elected/acclaimed as a member of a municipal council in Saskatchewan. A person elected/acclaimed as a member of municipal council does not take office until the first meeting of council following the general election along with the other members newly elected or re-elected, and the person holds office until the first meeting of council following the next general election unless they resign or are removed from office.

The ministry surveys municipalities after each general election to hear about their issues, experiences and opportunities for improvements to The Local Government Election Act, 2015. The ministry will again be surveying municipalities following the 2024 general local elections.

Laurier Donais – Deputy Minister of Government Relations