Judicial review and procedural fairness in municipal resolutions disqualifying councillors in Saskatchewan

In the recent decision Woods v. Wilton (Rural Municipality), 2026 SKKB 117, the Saskatchewan Court of King’s Bench considered how the amended organized hamlet provisions in The Municipalities Regulations (the “Regulations”) apply to public disclosure statements, disqualification and resolutions to vacate a seat. The Court held that, in the unusual circumstances of the case, it would hear a judicial review despite the applicant missing the 10 day appeal period under s. 148(2.1) of The Municipalities Act (the “Act”).

Case summary

The applicant, Donna Woods, was a member of the Organized Hamlet Board of Lone Rock. The Rural Municipality of Wilton (the RM) alleged that the applicant failed to file a public disclosure statement as required by the Act and Regulations. On that basis, the RM passed a resolution declaring her seat on the organized hamlet board vacant.

The applicant sought to quash the resolution on two grounds: First, that the RM did not have jurisdiction to declare her seat vacant; and second, that the RM breached procedural fairness by passing the resolution without giving her advance notice or an opportunity to respond.

Municipal councils may declare a disqualified hamlet board member’s seat vacant

This is the first case in Saskatchewan to address the application of the amended Regulations pertaining to organized hamlets.

Under s. 31.1 of the Regulations, the conflict-of-interest provisions in s.142 of the Act apply to members of organized hamlet boards, with any “necessary modification.” Section 31.2 of the Regulations also applies the enforcement provisions in s.148 of the Act to disqualified hamlet board members who do not resign.

Justice Meschishnick held that hamlet board members are required to file public disclosure statements with the administrator of the RM in which the organized hamlet is located. The Court also held that the RM retained authority under s. 148 of the Act to declare the seat of a disqualified hamlet board vacant. In the Court’s view, substituting “organized hamlet board” for “council” in s. 148(2)(a) was not a necessary modification to make the disqualification regime operate.

Not knowing about the 10-day deadline may be an “exceptional circumstance”

In Baran v. Rural Municipality of Dundurn No. 314, 2022 SKQB 182  (Baran), the court determined that s.148(2.1) of the Act was an adequate alternative remedy to judicial review of municipal resolutions disqualifying councillors. As such, the court will decline an application for judicial review unless exceptional circumstances are present.

Justice Meschishnick applied Baran and concluded that s.148(2.1) of the Act provided an adequate alternative remedy. However, the court exercised its discretion to hear the judicial review because the case arose from recent amendments to the organized hamlet provisions, because this was the first opportunity for the Court to provide guidance on those amendments and because the jurisdictional issue involved a challenging statutory interpretation analysis. In those circumstances, the Court was not convinced the applicant knew or ought to have known she was restricted to the 10-day appeal period.

A resolution to vacate is void without procedural fairness

Consistent with the court’s decision in Wushke v. Rural Municipality of Rocanville No. 151, 2025 SKKB 19 (Wushke), a municipal resolution declaring an elected office vacant may be rendered void if the affected office holder is  not afforded sufficient procedural fairness. As in Wushke, Justice Meschishnick concluded that the applicant here was entitled to:

• Notice in advance that council would consider declaring her organized hamlet board seat vacant
• Opportunity to respond to the allegations against her
• Reasons for declaring the seat vacant

Key takeaways for municipalities

In light of this important decision, municipalities should seek legal advice before passing a resolution declaring a municipal council seat or organized hamlet board seat vacant. Legal advice can help ensure that the municipality uses the proper process, gives the affected office holder notice and an opportunity to respond, and reduces the risk that the resolution will later be set aside for procedural unfairness.

For more information on what this decision could mean for you or your municipality, contact our Municipal team.

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