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Candidate Qualification and Eligibility

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Subsection 29(1) of the Municipal Elections Act, 1996, as amended, provides for eligibility and  ineligible:

A person may be nominated for an office only if, as of the day the person is nominated:

(a) he or she is qualified to hold that office under the Act that creates it; and

(b) he or she is not ineligible under this or any other Act or otherwise prohibited by law to be nominated for or to hold the office. 29(1.1) Certain persons eligible to be nominated

Despite subsection (1) and despite section 258 of the Municipal Act, 2001, section 9 of the Legislative Assembly Act and section 219 of the Education Act, a member of the Legislative Assembly of Ontario or the Senate or House of Commons of Canada is not ineligible to be nominated for an office in an election by virtue of being a member of any of those bodies but, if the person is a member of any of those bodies as of the close of nominations on nomination day of the election, the nomination shall be rejected by the Clerk under section 35.

29(1.2) Exclusion Subsection (1.1) does not apply to a member of the Executive Council of Ontario or a federal Minister of the Crown.

Eligibility, local municipality 
s. 256, Municipal Act, 2001

Every person is qualified to be elected or to hold office as a member of a council or a local municipality,

(a) who is entitled to be an elector in the local municipality under section 17 of the Municipal Election Act, 1996, and

(b) who is not disqualified by this or any other Act from holding the office.

Eligibility, upper-tier municipality
s. 247, Municipal Act, 2001

Every person is qualified to be elected or to hold office as a member of a council or upper-tier municipality,

(a) who is entitled to be an elector in a lower-tier municipality within the upper-tier municipality under section 17 of the Municipal Elections Act, 1996; and

(b) who is not disqualified by this or any other Act from holding office.

Ineligible
s. 258.(1), Municipal Act, 2001

The following are not eligible to be elected as a member of a council or to hold office as a member of a council:

1. Except in accordance with section 30 of the Municipal Elections Act, 1996, an employee of the municipality or a person who is not an employee of the municipality but who is the clerk or treasurer of the municipality or who holds any administrative position of the municipality;

2. A judge of any court;

3. A member of the Assembly as provided in the Legislative Assembly Act or of the Senate or House of Commons of Canada:

4. Except in accordance with Part V of the Public Service Act, a crown employee as defined in that Act. A person wishing to run for elected office is encouraged to check relevant legislation for qualifications required for the office. The responsibility and onus is on the candidate to determine whether they are qualified to be elected to and hold office.