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VOTER ELIGIBILITY
The Municipal Councils and School Boards Elections Act
governs eligibility to vote for the
Offices of Mayor and Councillor, and provides as follows:
Eligibility of person who is a resident
21(1)
A person is eligible to vote in an election or on a question if he or she is
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(a)
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a Canadian citizen and at least 18 years old on election day; and
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(b)
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a resident of the local authority on election day, and has been so for at
least the six months before election day.
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Residency
21(2)
Under this Act, the following rules apply in determining the residency of a person:
1.
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A person is a resident of the place where he or she has his or her
ordinary residence, and to which he or she intends to return when away from it.
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2.
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A person may be a resident of only one place at a time.
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3.
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A person does not change residence until he or she has a new residence.
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Persons with no fixed address
21(3)
A person who does not have an ordinary residence is deemed to reside at the shelter, hostel
or similar institution that most frequently provides lodging, food or other social services
to the person.
Oath conclusive in absence of other evidence
21(4)
A person's oath regarding the place that most frequently provides lodging, food or other social
services to the person is conclusive, in the absence of evidence to the contrary.
New or expanded local authority
21(5)
When a local authority is formed or the boundaries of a local authority are extended, a person is
deemed to have satisfied the residency requirement in clause (1)(b) if, for at least the six months
before election day, the person has been a resident within the area that becomes included in the
local authority.
Municipal election and votes — eligibility of non-resident
22(1)
Subject to subsection (2), a person who is not a resident of a municipality is eligible to vote in
an election in that municipality if he or she is
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(a)
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a Canadian citizen and at least 18 years old on election day; and
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(b)
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is a registered owner of land in the municipality on election day and has
been so for at least the six months before election day.
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Maximum of two non-resident voters per property
22(2)
If three or more non-resident persons qualify as registered owners of a parcel of land,
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(a)
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no more than two of them are eligible to vote; and
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(b)
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in order to be included on the voters list, each of those two persons must
file with the senior election official the written consent of the number of persons who, together
with the person to be included on the voters list, are a majority of the registered owners of the
land.
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Non-residents: new or expanded municipality
22(3)
When a municipality is formed or the boundaries of a municipality are extended, a person is deemed to
have satisfied the requirements of clause (1)(b) if, for at least six months before election day, the
person has been a registered owner of land within the area that becomes included in the municipality.
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