As per the Municipal Elections Act, the following qualifications are listed for nominations:
A person is qualified to be nominated as a candidate for councillor who
- is eligible to vote in an election held under this Act in the municipality in which he or she is nominated to serve as a councillor;
- is not in arrears of taxes or other charges payable to the municipality; and
- is ordinarily resident for a period of 30 days before the commencement of the nomination period either in the municipality or in an area that on election day is part of a municipality.
A person is not qualified to be nominated as a candidate for councillor
- while he or she holds an office under the council to which a salary or remuneration payable out of the funds of the municipality is attached;
- while he or she is employed by the council; and
- where he or she is the chief administrative officer of an agency or body established by the council and that agency or body has an annual operating budget that must be approved by the council for which that officer seeks nomination as a candidate.
A person is not qualified to be nominated as a candidate for councillor in an election where
- he or she was dismissed as a councillor or his or her seat as a councillor has been vacated under paragraphs 206(1)(b) or (e) or subparagraph 206(1)(f)(ii) of the Municipalities Act, 1999 ; or
- his or her seat as a councillor was declared vacant under subsection 20(2) of the City of Corner Brook Act or the City of Mount Pearl Act , subsection 206(2) of the Municipalities Act, 1999 or section 11 of the City of St. Johns Act , where that election is held not more than 2 years after the date on which that person was dismissed as a councillor or his or her seat was vacated or declared vacant.
Subsection (2) does not apply to a volunteer firefighter of a municipality who is not a fire chief.
A person is not qualified to be nominated as a candidate for councillor if he or she is a
- member of the House of Commons or the Senate of Canada;
- member of the House of Assembly of the province; or
- judge of the Supreme Court or the Provincial Court of the province.
Notwithstanding subsection (3), where, before the coming into force of this section, a councillors seat was vacated under paragraph 206(1)(e) of the Municipalities Act, 1999 , that councillor may be nominated as a candidate for councillor and is eligible for election in the first general election of councillors held after the coming into force of this section.
Notwithstanding subsection (2), a person referred to in that subsection who is not a clerk, manager or department head, excluding a volunteer department head, with a council may request, and the council shall grant to that person, a leave of absence in order for that person to be nominated as a candidate for council.
A person to whom a leave of absence is granted under subsection (7) who is elected as a councillor shall resign from his or her employment with the council before taking his or her oath or affirmation of office as a councillor.