Municipal elections legislation

In Canada there are various levels of government including:

• Federal
• Provincial and Territorial
• Municipal
• First Nation Self-Government – formed by a self-government agreement and Act.

Municipal governments

The Canadian Constitution delegates responsibilities for municipalities to the provinces and territories. 

Municipal governments receive their authority from one of the following GNWT Legislations:

• Cities, Towns and Villages Act
• Hamlets Act
• Tlicho Community Government Act
• Charter Communities Act
• Deline Final Self-Government Agreement Act

In the NWT there are 33 recognized municipal governments. 

Municipal governments are:

• authorized by the above Acts;
• governed by a council elected by residents;
• accountable to the electorate (voters); and
• accountable to the Minister for requirements in the Acts and policies.

It is the elected official’s responsibility to establish policy for their elected authority. 

It is the responsibility of administration to implement the policy that council has established.

The Local Authorities Elections Act governs community government (municipal) elections.

This legislation sets out:

• the eligibility criteria for voters and candidates,
• establishes the election calendar,
• sets out the election process,
• provides for recounts and judicial reviews,
• describes unlawful election activities, and
• describes the procedure for disposing of used ballots and other election materials.

Every municipal corporation is established under the authority of territorial legislation.  Legislation includes the Cities, Towns and Villages Act, the Hamlets Act, the Charter Communities Act, and the Tlicho Community Government Act. 

You may have to refer to these Acts, their regulations and your bylaws to find information on the number of elected officials, the terms of office, election dates, voting alternatives, vote counting and staggered terms of elected officials.

Tlicho communities should take special care to note the differences between provisions in the Local Authorities Elections Act and sections 12 to 18 of the Tlicho Community Government Act.

Communities established under the Charter Communities Act have their own election dates, eligibility criteria for members of Council, and length of term as set out in their charter.  These details are set by Orders that are found under Regulations of the NWT. 

Regarding elections for a specific District Education Authority refer to the regulations established pursuant to the Education Act.