Vacancies, chair
11. (1) When a vacancy occurs in the office of a chair who has been appointed by the Lieutenant Governor in Council, a metropolitan councillor shall be appointed by the Lieutenant Governor in Council to hold office as chair for the remainder of the term of his or her predecessor. Idem (2) Where a vacancy occurs in the office of the chair who has been elected under subsection 6 (1), the Metropolitan Council shall, at a general or special meeting to be held within twenty days after the vacancy occurs, elect a chair who shall be a metropolitan councillor to hold office for the remainder of the term of his or her predecessor. Idem (3) If the Metropolitan Council fails to elect a chair within twenty days as required by subsection (2), the Lieutenant Governor in Council may appoint a metropolitan councillor as chair to hold office for the remainder of the term of his or her predecessor. Application of the Municipal Act (4) Sections 37, 38, 43, 44 and 95 of the Municipal Act apply with necessary modifications to the Metropolitan Council. Resignation from Metropolitan Council (5) A member of the Metropolitan Council, with the consent of the majority of the members present at a meeting entered upon the minutes of it, may resign from office and seat on the Council which shall then be vacant, but he or she shall not vote on a motion as to his or her own resignation and if the Council does not accept the resignation it is of no effect. Where vacancy occurs (6) If not already vacant by virtue of any general or special Act, (a) the seat of a member of the Metropolitan Council becomes vacant if the seat of that member on the council of an area municipality is declared vacant by the council of that area municipality; and (b) the seat of a metropolitan councillor becomes vacant if the seat of that member on the Metropolitan Council is declared vacant by the Metropolitan Council. Declaration of vacancy (7) Where the Metropolitan Council or the council of an area municipality declares the seat of a member to be vacant, other than under subsection (8), and subsection (6) applies, the Metropolitan Council or the council of the area municipality, as the case may be, shall forthwith cause a copy of its declaration to be sent to the other council. Idem (8) Upon receiving a copy of a declaration of a vacancy in respect of a member under subsection (7), the Metropolitan Council shall forthwith declare the seat of that member on the council to be vacant. R.S.O. 1990, c. M.62, s. 11 (1-8). Vacancies (9) Where a vacancy occurs on or before March 31 in the year of a regular election under the Municipal Elections Act, 1996, in the office of a member who is a metropolitan councillor, (a) the Metropolitan Council shall appoint a person to fill that vacancy, and sections 45 and 47 of the Municipal Act apply with necessary modifications to the filling of every such vacancy; or (b) the clerk of the area municipality for which the vacancy occurs shall hold an election to fill the vacancy in accordance with section 65 of the Municipal Elections Act, 1996, as determined by by-law of the Metropolitan Council. R.S.O. 1990, c. M.62, s. 11 (9); 1996, c. 32, s. 78 (4, 5). Idem (10) Where a vacancy occurs after March 31 in the year of a regular election under the Municipal Elections Act, 1996, in the office of a member who is a metropolitan councillor, the Metropolitan Council shall fill every such vacancy and subsection 46(3) of the Municipal Act applies with necessary modifications to the filling of the vacancy. R.S.O. 1990, c. M.62, s. 11 (10); 1996, c. 32, s. 78 (6). Where head of council incapacitated (11) In the event that the head of a council of an area municipality is for any incapacity unable to fulfil the duties as a member of the Metropolitan Council for a period exceeding one month, the council of the area municipality may by by-law appoint one of its members as an alternate representative to the Metropolitan Council who shall act in the place and stead of the head of council during the incapacity but no such by-law shall have effect for a period longer than one month from its effective date. Election expenses (12) The Metropolitan Corporation shall pay all reasonable expenses incurred by the area municipality with respect to the election under clause (9) (b). Resignation of chair (13) The chair may resign his or her office by notice in writing filed with the clerk of the Metropolitan Corporation and the office then becomes vacant. Vacancy when council not in session (14) Where for any cause a vacancy occurs in the office of the chair when the Metropolitan Council is not in session, the clerk of the Metropolitan Corporation shall forthwith notify the members of the vacancy and, if required in writing to do so by a majority of them, the clerk shall call a special meeting of the Metropolitan Council to fill the vacancy. R.S.O. 1990, c. M.62, s. 11 (11-14).