168.1. Where, in the absence of an opponent, a candidate for the office of mayor is declared elected, his co-candidate ceases, from that time, to be a co-candidate and becomes the party’s only candidate for the office of councillor in the district concerned.
Where the only candidates for the office of councillor in a district are the co-candidate and the candidate with whom he is associated, no poll is required and the returning officer shall declare the former or the latter elected according as the latter is elected or defeated as mayor.
Notwithstanding the foregoing, a candidate for the office of mayor who has been declared elected to the office of councillor under the second paragraph may, if he has not made the oath prescribed in section 313, renounce holding the office of councillor by transmitting to the returning officer, within 30 days after the declaration, a writing to that effect signed by him. In such a case and in the case where the candidate dies during the time within which he is still entitled to renounce holding the office of councillor, the returning officer shall declare the co-candidate elected to that office; the latter declaration cancels the former declaration.
1990, c. 20, s. 5; 1994, c. 43, s. 1.