Acclamation
43. (1) If no more candidates are nominated at the end of nomination day for any office than the number to be elected, the clerk shall immediately after 5 p.m. on the first day following nomination day that is not a Saturday or a holiday declare the candidate or candidates duly elected. Idem (2) In the case where additional nominations have been filed under subsection 40(6) and the additional number of candidates nominated is not more than the remaining number of vacancies for which the additional candidates were nominated, the clerk shall forthwith after 5 o’clock in the afternoon of the Thursday following nomination day declare that candidate or those candidates duly elected. Idem (3) If more candidates are nominated for an office than the number to be elected but one or more candidates withdraws his or her nomination so that the number remaining is no more than the number required to be elected, the clerk shall promptly after 5 p.m. on the first day following nomination day that is not a Saturday or a holiday declare the remaining candidate or candidates to be duly elected. R.S.O. 1990, c. M.53, s. 43 (1-3). Vacancy (4) In the case of an election to offices other than the office of a member of a school board, if the number of candidates declared to be elected under subsection (1), (2) or (3) is less than the number to be elected to the office so that there is a vacancy, the vacancy shall be filled, (a) by holding a new election under section 108, if the number of candidates declared to be elected is insufficient to form a quorum; or (b) in accordance with section 45 of the Municipal Act, if the number of candidates declared to be elected is sufficient to form a quorum. Same (4.1) In the case of an election to the office of member of a school board, if the number of candidates declared to be elected under subsection (1), (2) or (3) is less than the number to be elected to the office so that there is a vacancy among the members representing an electoral group, the vacancy shall be filled, (a) by holding a new election under section 108, if the number of candidates declared to be elected is insufficient to fill the majority of positions on the school board for the electoral group; or (b) by holding a new election under section 108 or in accordance with section 43.1, if the number of candidates declared to be elected is sufficient to fill the majority of positions on the school board for the electoral group. Electoral group (4.2) In subsection (4.1), “electoral group” means an electoral group as defined in subsection 230 (1) of the Education Act. 1994, c. 27, s. 110 (2). Where quorum not elected (5) Where in any election the total number of members of the council of a municipality or of a local board, as the case may be, declared elected under this section and those elected as a result of the poll in the election is less than a quorum of the council or of the local board, the council or local board in office for the preceding year shall continue in office until a new election under subsection (4) or (4.1) is held and the number of members of the council or local board equals or exceeds the quorum. R.S.O. 1990, c. M.53, s. 43 (5); 1994, c. 27, s. 110 (3). Quorum (6) A quorum under subsections (4) and (5) means a quorum of all members of a body, including persons who are members by virtue of office. R.S.O. 1990, c. M.53, s. 43 (6). Appointments to School Board Vacancies