14.1 (1) In the case of a restructuring proposal to annex unorganized territory to a municipality, a special election to determine the members of the council elected from the unorganized territory within the locality before the restructuring proposal comes into effect shall be held in accordance with this section. O. Reg. 426/97, s. 2. (2) A person is eligible to vote in the special election if he or she is a Canadian citizen, at least 18 years old and, (a) a permanent resident of the unorganized territory; (b) an owner or tenant of property in the unorganized territory; or (c) the spouse or same-sex partner of an owner or tenant of property in the unorganized territory. O. Reg. 426/97, s. 2; O. Reg. 74/00, s. 1. (3) A person may be nominated for office in the special election if he or she is a qualified elector under section 17 of the Municipal Elections Act, 1996 and is not disqualified from holding the office under any Act. (4) The following procedure shall be followed for the special election: 1. The clerk of the municipality with the greatest number of electors of the municipalities, any part of which existed in the locality before the restructuring proposal comes into effect, shall be responsible for conducting the special election. 2. Nomination day for the special election must be at least 14 days before voting day. 3. At least 14 days before nomination day, the clerk shall give notice of the offices for which persons may be nominated and of the nomination procedure as set out in this subsection. 4. A person may be nominated for an office by filing a nomination in the clerk’s office. 5. If, after the close of nomination day, the number of candidates for an office is the same or less than the number to be elected, the clerk shall declare the candidate or candidates elected by acclamation. 6. If any office remains vacant after the close of nomination day, section 45 of the Act applies if the number of members on council is sufficient to form a quorum. 7. The clerk shall call a meeting for the purpose of conducting a vote for the special election. 8. The meeting must be held in the unorganized territory or in an adjacent local municipality. 9. The clerk must give at least 14 days notice of the meeting, i. by publication in a newspaper that, in the opinion of the clerk, is of general circulation throughout the unorganized territory, or ii. if the clerk is of the opinion that there is no such newspaper, by any other means which, in the opinion of the clerk, will give the persons who are eligible to vote adequate notice of the meeting. 10. The notice of the meeting must set out, i. the purpose of the meeting, ii. where and when the meeting will be held, and iii. a description of who may vote at the meeting. 11. The meeting shall be chaired by the clerk. 12. The clerk shall conduct a vote by the persons who attend the meeting to determine the members of the council elected from the unorganized territory. The clerk shall determine how to conduct the vote. The clerk shall record the results of the vote and the number of votes cast. 13. The clerk shall announce the results of the vote. If two or more candidates who cannot both or all be declared elected to an office have received the same number of votes, the clerk shall choose the successful candidate or candidates by lot. 14. The clerk shall retain the ballots and all other documents and materials related to the election until the successors of the persons elected at the special election held under this section have taken office. (5) The costs incurred in conducting the special election by the clerk of the municipality with the greatest number of electors shall be paid by that municipality. (6) The municipality with the greatest number of electors shall pay the costs as soon as possible after its clerk has signed a certificate verifying the amount. O. Reg. 426/97, s. 2.