Municipal by-elections and appointment processes

If a member of council’s seat becomes vacant in accordance with the Municipal Act, 2001, City Council must declare the seat vacant at its next meeting. However, if a vacancy occurs because of the death of a member, the declaration may be made at either of its next two meetings.

Within 60 days of this declaration, City Council must decide to fill the vacancy by either:

• Appointing a person who meets the candidate eligibility requirements and who has consented to accept the office if appointed, or
• Holding a by-election to fill the vacancy in accordance with the Municipal Elections Act, 1996.

Exception for a vacancy in the Office of Mayor

• If a vacancy occurs in the Office of Mayor in advance of March 31 in the year of a regular election, City Council is required to pass a by-law requiring that a by-election be held to fill the vacancy within 60 days of declaring the seat vacant.
• If a vacancy occurs in the Office of Mayor after March 31 in the year of a regular election, City Council must fill the vacancy by appointing a person to fill the vacant office.
• If a vacancy occurs in the Office of Mayor within 90 days before voting day of a regular election, City Council is not required to fill the vacancy. 

Exception for a vacancy in the Office of City Councillor

• If a vacancy occurs in the Office of City Councillor after March 31 in the year of a regular election, City Council must fill the vacancy by appointing a person to fill the vacant office.
• If a vacancy occurs in the Office of City Councillor within 90 days before voting day of a regular election, City Council is not required to fill the vacancy. 

Should City Council choose to fill a vacancy by way of a by-election, they must pass a by-law requiring that a by-election be held within 60 days of declaring the office vacant.

In accordance with the Municipal Elections Act, 1996, the City Clerk is then required to establish a by-election schedule where voting day is no less than 75 days and no more than 105 days after the passing of the by-law:

• The nomination period must not be less than 30 days or more than 60 days after City Council passes a by-law requiring a by-election
• Voting day must be 45 days after Nomination Day.

Once a new member is elected, they will serve for the remainder of the term of council.

Should City Council choose to fill a vacancy by way of appointment, they must appoint a person who has consented to accept the appointment within 60 days of declaring the office vacant. To be eligible to hold office, a person must be:

• 18 years of age or older,
• a Canadian citizen,
• a resident of the City of Ottawa, or an owner or tenant of land in the City or the spouse of such an owner or tenant, and
• not be prohibited from holding municipal office or from voting under the Municipal Elections Act, 1996 or otherwise by law.

Once a new member is appointed, they will serve for the remainder of the term of council.

If a School Board Trustee seat becomes vacant in accordance with the Educational Act, 1990, the remaining members of a school board must decide to fill the vacancy by either:

• Appointing a person who meets the candidate eligibility requirements to fill the vacancy within 90 days of the office becoming vacant, or
• Hold a by-election to fill the vacancy if a majority of the elected members of the board do not remain in office.

The school board also has the option to require a by-election be held to fill the vacancy if the office becomes vacant any time before April 1 in the year of a regular election.

If a by-election is to be held, the City Clerk shall fix the date of nomination day to be not more than 60 days after the clerk receives a copy of the board’s resolution indicating that a by-election is required. Voting day shall be 45 days after nomination day.   

If a vacancy occurs after the election, but before the new board is organized, it shall be filled immediately after the new board is organized in the same manner as for a vacancy that occurs after the board is organized.  

Once a new member is appointed or elected, they will serve for the remainder of the term of the member who vacated the seat.