Donnie Snook could lose his seat on Saint John council because of a provision in the provincial Municipalities Act and not because of the charges of child exploitation that he is currently facing.

Snook, 40, was arrested by the RCMP’s Internet Child Exploitation Unit last Wednesday and will remain in jail until at least next Monday when he is scheduled to appear at a bail hearing.

Snook is charged with three counts of touching a child for a sexual purpose, one count of making child pornography, two counts of distributing child pornography, and two counts of possession.

Coun. Donnie Snook missed his third consecutive council meeting on Monday night. (CBC)

The investigation is continuing and more charges are still possible, according to the RCMP.

Snook’s seat on Saint John council was vacant on Monday night, but the two-term councillor’s name plate was still on the council table.

He hasn’t spoken publicly about his political future, but under the Municipalities Act, a council seat becomes vacant if a member misses four consecutive regular meetings, except in the case of illness or with permission from council.

Snook has now missed three consecutive meetings. He had just returned from spending the Christmas holidays in Newfoundland when he was arrested.

Snook could miss a fourth council meeting if he is not released from jail next Monday. He could lose his council seat if he misses a fourth consecutive meeting. (CBC)

The next regular meeting is next Monday. Snook will be in jail until at least next Monday when he is scheduled to appear at a bail hearing.

His defence lawyer is trying to get him out on bail.

Karen Lee Lamrock, the prosecutor, has said the Crown will object to Snook's release from jail.

Saint John Mayor Mel Norton is not commenting on the attendance rules.

"What we've referred all media sources to is the Municipalities Act,” he said.

Section 34 of the act lists a series of other developments that can result in a vacancy on council.

For instance, a vacancy can arise if a member moves out of the municipality, is disqualified or declared incapable of holding office under the Municipalities Act or is convicted of an offence and given a prison sentence of five or more years.

The Saint John Inner City Youth Ministry has suspended Snook as its director with pay "pending further information," board president Mark Slader has said.

The police investigation into Snook began in 2011. It has involved New Brunswick RCMP's Internet Child Exploitation Unit, District 3 RCMP, the New Brunswick RCMP’s Technical Crime Unit, the Saint John Police Force and the Toronto Police Service.