What is the test for disqualification under section 201 of the Municipal Act?

British Columbia, Canada


The following excerpt is from Germaine v. Gayton, 1998 CanLII 6161 (BC SC):

Section 201 of the Municipal Act was reviewed by my brother, Errico, J. in Gibson v. Toffino (D) [1998] B.C.J. No. 1240. In giving reasons for his decision, Errico, J. had this to say about Section 201, The British Columbia legislation sets out two codes, one that arises when a member of council considers that he or she is not entitled to participate and the other which mandates that a councillor must not participate where he or she has a direct or indirect pecuniary interest. It is the second code that results in disqualification. Subsections 2, 3 and 4 do not become effective until a member of council considers that he or she is not entitled to participate. It is only after that initial threshold is met that the mandatory provisions of making a declaration and the prohibitions contained in subsection 3 come into play. Subsection 5 is the section which mandates that a member must not participate where the member has a direct or indirect pecuniary interest. Subsection 5 makes reference to subsection 2, but those words "without limiting subsection 2" do not incorporate subsection 2 into subsection 5. In my view, those words separate subsection 2 from subsections 5, 6 and 7.

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