This is a question that has generated uncertainty and some misinformation in the CBRM recently, so the team at goCapeBreton.com asked the NS Department of Municipal Affairs to confirm the rules of what happens when a Mayor resigns.

Here they are:

• Within 4 weeks of the Mayor's resignation, Council must meet to select a date to hold a special election.
• The special election must be held on a Saturday that is not more than 11 weeks after the meeting date noted above.
• This means that the special election will be held less than 15 weeks after the Mayor resigns.
• If a Mayor resigns within six months of a regular election, then a special election does not need to be held.

Here is what could happen if CBRM Mayor Clarke wins the NS PC Party Leadership and subsequently chooses to resign as Mayor:

The legislation is available on-line at (Section 13):

https://nslegislature.ca/sites/default/files/legc/statutes/municipal%20elections.pdf