Municipality of Bayham

Candidate Eligibility

Candidate Qualifications

A person may be nominated for an office only if, as of the day the individual files a nomination paper, he or she is:

  1. 18 years of age or older; and
  2. A Canadian citizen; and
  3. A resident of the Municipality of Bayham OR an owner or tenant of land in the Municipality of Bayham OR the spouse of such a person; and
  4. Eligible to vote.

 

Qualifications

Sections 256 and 257 of the Municipal Act, 2001 states:

256. Every person is qualified to be elected or to hold office as a member of a council of a local municipality, 

a. who is entitled to be an elector in the local municipality under section 17 of the Municipal Elections Act, 1996; and

b. 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, 

a. 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

b. 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:

     

    1. 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 and any regulation made under that Part, a public servant within the meaning of that Act.

     

    Disqualification 

    258.(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,

    a. ceases to be a Canadian citizen;

    b. 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

    c. 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. 

    Information regarding Section 30 of the Municipal Elections Act, 1996 as mentioned under Section 258(1)1 pertaining to an employee of a municipality or local board be found in Section C, page 13 of this guide. 

    From the Ministry of Municipal Affairs (MMA):