Section 275 of the Municipal Act, 2001 is identified as “Restricted Acts After Nomination Day,” but more commonly known as “Lame Duck” provisions. This section outlines restrictions placed on Council’s power and authority during an election year when it is determined that less than three-quarters of its membership will be returning. In Midland’s case, if less than seven Members of the nine Member Council will be returning, the Lame Duck clause would be triggered.
The Lame Duck position can occur twice during the Municipal Elections process:
- From Nomination Day until the close of Election Day (August 21, 2026 – October 26, 2026 at 8pm) or
- From Final Voting Day in the 2026 Municipal Elections through to the end of the current term of Council (October 26, 2026 – November 14, 2026)
If one of the above applies, Council is restricted from doing the following during the restricted periods:
- The appointment or removal from office of any officer of the municipality;
- The hiring or dismissal of any employee of the municipality;
- The disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and
- Making any expenditures or incurring any other liability which exceeds $50,000.
These restrictions do not apply where a disposition or liability was included in the 2026 Budget or in emergency situations. They also do not apply where they have been delegated to a person. The Town of Midland Delegated Authority By-law 2025-50 grants the Chief Administrative Officer the authority to dispose of real or personal property exceeding $50,000.