Council Member Qualifications
Sections 256 and 257 of the Municipal Act, 2001 state:
256. Every person is qualified to be elected or to hold office as a member of a council of a local municipality,
- who is entitled to be an elector in the local municipality under section 17 of the Municipal Elections Act, 1996; and
- who is not disqualified by this or any other Act from holding the office.
257. Every person is qualified to be elected or to hold office as a member of a council of an upper-tier municipality,
- who is entitled to be an elector in a lower-tier municipality within the upper-tier municipality under section 17 of the Municipal Elections Act, 1996; and
- who is not disqualified by this or any other Act from holding the office.
Disqualification of a Member of Council
Section 258 of the Municipal Act, 2001 states:
Ineligible
258. (1) The following are not eligible to be elected as a member of a council or to hold office as a member of a council:
- Except in accordance with section 30 of the Municipal Elections Act, 1996, as follows:
- an employee of the municipality,
- a person who is not an employee of the municipality but who is the clerk, treasurer, Integrity Commissioner, Auditor General, Ombudsman or registrar referred to in section 223.11 or an investigator referred to in subsection 239.2 (1) of the municipality, or
- a person who is not an employee of the municipality but who holds any administrative position of the municipality.
- A judge of any court.
- A member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada.
- Except in accordance with Part V of the Public Service of Ontario Act, 2006 and any regulations made under that Part, a public servant within the meaning of that Act.
Disqualification
(2) A member of council of a municipality is disqualified from holding office if, at any time during the term of office of that member, he or she,
- ceases to be a Canadian citizen;
- is not a resident, the owner or tenant of land or the spouse of an owner or tenant of land in the municipality, in the case of a member of council of a local municipality, or in a lower-tier municipality within the upper-tier municipality, in the case of a member of council of an upper-tier municipality; or
- would be prohibited under this or any other Act from voting in an election for the office of member of council of the municipality if an election was held at that time.
Employee of Municipality or Local Board
30 (1) An employee of a municipality or local board is eligible to be a candidate for and to be elected as a member of the council or local board that is the employer if he or she takes an unpaid leave of absence beginning as of the day the employee is nominated and ending on voting day. 1996, c. 32, Sched., s. 30 (1); 2002, c. 17, Sched. D, s. 9 (1).
Notice of leave
(2) The employee shall give the council or local board written notice, in advance, of his or her intention to take unpaid leave under subsection (1). 1996, c. 32, Sched., s. 30 (2).
Right to unpaid leave
(3) The employee is entitled, as of right, to take unpaid leave under subsection (1). 2002, c. 17, Sched. D, s. 9 (2).
Vacation and overtime pay
(3.1) Despite subsection (1), an employee of a municipality or local board is entitled to be paid out any vacation pay or overtime pay owing to the employee during the period of the unpaid leave of absence and the fact that these payments may be paid on a weekly or other regular basis does not affect the unpaid leave status of the employee. 2002, c. 17, Sched. D, s. 9 (3).
Resignation
(4) If the employee is elected to the office, he or she shall be deemed to have resigned from the employment immediately before making the declaration of office referred to in subsection 232 (1) of the Municipal Act, 2001, section 186 of the City of Toronto Act, 2006 or section 209 of the Education Act, as the case may be. 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 34 (3).
Same
(5) Subsection (4) also applies to an employee of a municipality or local board who by being elected to the council of another municipality or to another local board also becomes a member of the council or local board that is the employer. 1996, c. 32, Sched., s. 30 (5).
Continuous service
(6) If an employee who takes a leave of absence under subsection (1) is not elected, the leave shall not be counted in determining the length of his or her service for any purpose, and the service before and after the leave shall be deemed to be continuous for all purposes. 1996, c. 32, Sched., s. 30 (6).
Volunteer firefighters
(7) A person shall not be considered an employee of a municipality or local board for the purposes of this section by reason only of being a volunteer firefighter as defined in the Fire Protection and Prevention Act, 1997. 1996, c. 32, Sched., s. 30 (7); 2009, c. 33, Sched. 21, s. 8 (13).
Non-employees
(8) This section applies with necessary modifications to a person who is not an employee and who is described in subparagraph 1 ii or iii of subsection 258 (1) of the Municipal Act, 2001 or subparagraph 1 ii or iii of subsection 203 (1) of the City of Toronto Act, 2006, as the case may be. 2006, c. 32, Sched. C, s. 34 (4).
School Board Member Qualifications
Section 219 of the Education Act, 1990 states:
Qualification of Members
219. (1) A person is qualified to be elected as a member of a district school board or school authority if the person is qualified to vote for members of that district school board or that school authority and is resident in its area of jurisdiction.
(2) A person who is qualified under subsection (1) to be elected as a member of a district school board or school authority is qualified to be elected as a member of that district school board or school authority for any geographic area in the district school board’s or school authority’s area of jurisdiction, regardless of which positions on that district school board or school authority the person may be qualified to vote for.
Eligibility for re-election
(3) A member of a district school board or school authority is eligible for re-election if otherwise qualified.
Disqualification of School Board Members
Section 219 of the Education Act, 1990 states:
Disqualifications
219. (4) Despite subsection (1), a person is not qualified to be elected or to act as a member of a district school board or school authority if the person is,
an employee of a district school board or school authority;
- the clerk or treasurer or deputy clerk or deputy treasurer of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the district school board or the school authority;
- a member of the Assembly or of the Senate or House of Commons of Canada; or
- otherwise ineligible or disqualified under this or any other Act.
Note: An employee of any school board is ineligible to run for school board trustee.
Leave of absence
(5) Despite subsection (4), none of the following persons is ineligible to be a candidate for or to be elected as a member of a district school board or school authority if he or she takes an unpaid leave of absence, beginning no later than the day the person is nominated and ending on voting day:
- An employee of a district school board or school authority.
- The clerk, treasurer, deputy clerk or deputy treasurer of a municipality or upper-tier municipality, all or part of which is included in the area of jurisdiction of a district school board or school authority
(5.1) Subsections 30 (2) to (7) of the Municipal Elections Act, 1996 apply with necessary modifications to an individual referred to in subsection (5).
Qualification to act as a member
(9) A person is not qualified to act as a member of a district school board or school authority if the person ceases to hold the qualifications required to be elected as a member of the district school board or the school authority.
Person not to be candidate for more than one seat
(10) No person shall run as a candidate for more than one seat on a district school board or school authority and any person who does so and is elected to hold one or more seats on the district school board or the school authority is not entitled to act as a member of the district school board or the school authority by reason of the election.
Employee of Municipality or Local Board
30 (1) An employee of a municipality or local board is eligible to be a candidate for and to be elected as a member of the council or local board that is the employer if he or she takes an unpaid leave of absence beginning as of the day the employee is nominated and ending on voting day. 1996, c. 32, Sched., s. 30 (1); 2002, c. 17, Sched. D, s. 9 (1).
Notice of leave
(2) The employee shall give the council or local board written notice, in advance, of his or her intention to take unpaid leave under subsection (1). 1996, c. 32, Sched., s. 30 (2).
Right to unpaid leave
(3) The employee is entitled, as of right, to take unpaid leave under subsection (1). 2002, c. 17, Sched. D, s. 9 (2).
Vacation and overtime pay
(3.1) Despite subsection (1), an employee of a municipality or local board is entitled to be paid out any vacation pay or overtime pay owing to the employee during the period of the unpaid leave of absence and the fact that these payments may be paid on a weekly or other regular basis does not affect the unpaid leave status of the employee. 2002, c. 17, Sched. D, s. 9 (3).
Resignation
(4) If the employee is elected to the office, he or she shall be deemed to have resigned from the employment immediately before making the declaration of office referred to in subsection 232 (1) of the Municipal Act, 2001, section 186 of the City of Toronto Act, 2006 or section 209 of the Education Act, as the case may be. 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 34 (3).
Same
(5) Subsection (4) also applies to an employee of a municipality or local board who by being elected to the council of another municipality or to another local board also becomes a member of the council or local board that is the employer. 1996, c. 32, Sched., s. 30 (5).
Continuous service
(6) If an employee who takes a leave of absence under subsection (1) is not elected, the leave shall not be counted in determining the length of his or her service for any purpose, and the service before and after the leave shall be deemed to be continuous for all purposes. 1996, c. 32, Sched., s. 30 (6).
Volunteer firefighters
(7) A person shall not be considered an employee of a municipality or local board for the purposes of this section by reason only of being a volunteer firefighter as defined in the Fire Protection and Prevention Act, 1997. 1996, c. 32, Sched., s. 30 (7); 2009, c. 33, Sched. 21, s. 8 (13).
Non-employees
(8) This section applies with necessary modifications to a person who is not an employee and who is described in subparagraph 1 ii or iii of subsection 258 (1) of the Municipal Act, 2001 or subparagraph 1 ii or iii of subsection 203 (1) of the City of Toronto Act, 2006, as the case may be. 2006, c. 32, Sched. C, s. 34 (4).
