New election
108. (1) Where a new election is required under this or any other Act to fill a vacancy in any office by an election, other than a regular election, the clerk of the municipality who is the returning officer with whom nominations may be filed shall set the date of the nomination day which shall be within sixty days of the day on which, (a) an order to hold a new election is given in any judicial proceedings; (b) the council of the municipality passes a by-law to hold a new election; (c) the clerk receives from the secretary of a school board a copy of a resolution of the board indicating a new election is required; (d) an order to hold a new election is given by the Minister under section 48 of the Municipal Act; (e) a candidate for the office of the head of council dies under the circumstances described in clause 41(2)(b); or (f) if a new election is required to be held under subsection 43(4), the last acclamations for that office are made under section 43. Procedure (2) The procedure including the period for filing nominations at a new election shall be the procedure and period applicable at a regular election of the municipality and polling day shall be twenty-eight days after nomination day. Polling (3) The polling required to fill a vacancy in an office by this section shall so far as possible be held in the same manner and by the same officers and take place at the same places, in so far as practicable, at which the polling took place at the last regular election. Preliminary list of electors (4) The preliminary list to be used for a new election shall be prepared as follows: 1. The clerk shall notify the assessment commissioner by registered mail or personal service of the requirement for a new election. 2. The assessment commissioner shall deliver to the clerk the enumeration list updated under section 15 of the Assessment Act to the date of receiving the notice under paragraph 1. 3. Upon receipt of the enumeration list, the clerk, after making corrections under section 26, shall cause the list to be printed or reproduced, whereupon the list shall be the preliminary list. Posting of list (5) The preliminary list shall be posted in accordance with subsections 28(1) and (2). Revision of preliminary list (6) The preliminary list is subject to revision for fifteen days before nomination day and sections 28 to 33 apply to the revision with necessary modifications. Qualifications (7) The requirements for the qualification of electors are the same as those set out in subsection 13(1) or 14(1) but electors may meet the requirements at any time during the fifteen days before nomination day. Procedures (8) If a by-law or question is to be submitted to the electors at an election, other than a regular election, in compliance with an order of the Ontario Municipal Board given under subsection 130(4) of the Municipal Act, unless the Board otherwise directs, (a) the clerk of the municipality shall set a date for polling day which shall be within sixty days of the effective date of the Board’s order; (b) the clerk shall prepare, correct, print or reproduce and post the preliminary list in accordance with subsections (4) and (5); (c) the preliminary list shall be subject to revision for a period commencing twenty-one days after the effective date of the Board’s order and ending thirty-six days thereafter; and (d) the period during which a person may qualify as an elector entitled to vote on the by-law or question shall be the period commencing twenty-one days after the effective date of the Board’s order and ending thirty-six days later. Certification of list (9) The preliminary list for a new election, when revised, shall be subject to certification by the clerk under section 34 and to entry of names in the list under sections 36 and 61. Eligibility of member to be candidate for other office (10) Where a vacancy occurs in any office and an election is to be held to fill such vacancy, a person holding any other office is not eligible to be a candidate for the vacant office unless he or she has, before the nomination day for the new election, filed with the clerk a certified copy of his or her resignation from the office that the person then holds with evidence satisfactory to the clerk that such resignation has been filed as required by legislation governing the office that he or she then holds. Vacancy after March 31st of election year (11) Despite anything in this or any other Act, a new election shall not be held to fill a vacancy where the vacancy occurs after the 31st day of March of an election year. Revision of partial list (12) If election to the office for which a new election is required is to be by ward or other form of division of the municipality, it is necessary to revise only that portion of the preliminary list applicable to such ward or other part of the municipality. R.S.O. 1990, c.M.53, s.108.