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ARTICLE · 24 MARCH 2025

Municipal Councils Must Provide Procedural Fairness Before Disqualifying Councillors

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In the recent decision Wushke v Rural Municipality of Rocanville No. 151, 2025 SKKB 19, the Saskatchewan Court of King's Bench determined that a resolution disqualifying a councillor was void ab initio due to breaches...

CanadaGovernment, Public Sector

In the recent decision Wushke v Rural Municipality of Rocanville No. 151, 2025 SKKB 19, the Saskatchewan Court of King's Bench determined that a resolution disqualifying a councillor was void ab initio due to breaches of procedural fairness.

The Municipalities Act and Disqualification

Under The Municipalities Act, SS 2005, c M-36.1 (the "Act"), a member of council is automatically disqualified if they violate certain rules, including failing to disclose conflicts of interest, not properly disclosing personal financial interests or failing to comply with other ethical requirements outlined in the Act.

Pursuant to s. 147, a member of council who is disqualified cannot be nominated or elected in an election in any municipality for 12 years.

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