Vacancies, chair
9. (1) When a vacancy occurs in the office of a chair who has been appointed by the Lieutenant Governor in Council, some person 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. R.S.O. 1990, c. R.8, s. 9 (1). Idem (2) When a vacancy occurs in the office of a chair who has been elected under subsection 6 (1), the Regional Council shall, at a general or special meeting to be held within twenty days after the vacancy occurs, elect a chair who may be one of the members of the Regional Council, or any other person, to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c. R.8, s. 9 (2). Idem (3) If the Regional Council fails to elect a chair within twenty days as required by subsection (2), the Lieutenant Governor in Council may appoint a person as chair to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c. R.8, s. 9 (3). Application (4) Sections 37, 38, 43, 44 and 95 of the Municipal Act apply with necessary modifications to the Regional Council. R.S.O. 1990, c. R.8, s. 9 (4). Resignation from Regional Council (5) A member of the Regional Council with the consent of the majority of the members present at a meeting, entered upon the minutes of it, may resign his or her office and seat in the Council which shall then be vacant, but the member 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. R.S.O. 1990, c. R.8, s. 9 (5). Where vacancy in Regional Council or area municipality council (6) If not already vacant by virtue of any general or special Act, (a) the seat of a member of the Regional 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 member of the council of an area municipality becomes vacant if the seat of that member on the Regional Council is declared vacant by the Regional Council. R.S.O. 1990, c. R.8, s. 9 (6). Declaration of vacancy (7) Where the Regional 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 Regional Council or the area council, as the case may be, shall forthwith cause a copy of its declaration to be sent to the other council. R.S.O. 1990, c. R.8, s. 9 (7). Idem (8) Upon receiving a copy of a declaration of a vacancy in respect of a member under subsection (7), the Regional Council or the council of the area municipality, as the case may be, shall forthwith declare the seat of that member on the council to be vacant. R.S.O. 1990, c. R.8, s. 9 (8). Other members (9) When a vacancy occurs in the office of a member, other than the chair or the head of the council of an area municipality, the council of the area municipality of which he or she was a member shall by by-law within sixty days after the vacancy occurs appoint a successor, who may be a member of the council or a person who is eligible to be elected a member of the council to hold office for the remainder of the term of his or her predecessor. R.S.O. 1990, c. R.8, s. 9 (9). Where head of council incapacitated (10) In the event that the head of a council of an area municipality is for any reason unable to fulfil his or her duties as a member of the Regional 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 Regional Council who shall act in the place and stead of the head of council during his or her incapacity, but no such by-law shall have effect for a period longer than one month from its effective date. R.S.O. 1990, c. R.8, s. 9 (10). Non-application (11) Subsections (1), (2) and (3) do not apply to the regional municipalities of Halton and Waterloo and subsections (6), (7), (8) and (9) do not apply to The Regional Municipality of Niagara and subsection (9) does not apply to The Regional Municipality of Waterloo. 2000, c. 5, s. 21 (5).