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Ontario College of Teachers Act, 1996

Ontario regulation 293/00

No Amendments

ELECTION OF COUNCIL MEMBERS

Historical version for the period May 16, 2000 to November 28, 2005.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“district school board” has the same meaning as in subsection 1 (1) of the Education Act; (“conseil scolaire de district”)

“election committee” means the election committee established by the Council under subsection 15 (2) of the Ontario College of Teachers Act, 1996; (“comité des élections”)

“elector” means a person who is a member of the Ontario College of Teachers who is in good standing; (“électeur”)

“French-language instructional unit” has the same meaning as in subsection 1 (1) of the Education Act; (“module scolaire de langue française”)

“intermediate division” has the same meaning as in subsection 1 (1) of the Education Act; (“cycle intermédiaire”)

“junior division” has the same meaning as in subsection 1 (1) of the Education Act; (“cycle moyen”)

“primary division” has the same meaning as in subsection 1 (1) of the Education Act; (“cycle primaire”)

“principal” or “vice-principal” means a person who is qualified in accordance with the regulations governing principals and vice-principals and who is employed,

(a) by a district school board or school authority, or

(b) by the Provincial Schools Authority,

to perform such duties as are required of principals and vice-principals by the Education Act and the regulations made under it; (“directeur d’école”, “directeur adjoint”)

“private school” has the same meaning as in subsection 1 (1) of the Education Act; (“école privée”)

“Provincial Schools Authority” means the Provincial Schools Authority continued under section 2 of the Provincial Schools Negotiations Act; (“Administration des écoles provinciales”)

“public school authority” has the same meaning as in subsection 1 (1) of the Education Act; (“administration scolaire publique”)

“Roman Catholic school authority” has the same meaning as in subsection 1 (1) of the Education Act; (“administration scolaire catholique”)

“school authority” has the same meaning as in subsection 1 (1) of the Education Act; (“administration scolaire”)

“senior division” has the same meaning as in subsection 1 (1) of the Education Act; (“cycle supérieur”)

“supervisory officer” has the same meaning as in subsection 1 (1) of the Education Act. (“agent de supervision”)  O. Reg. 293/00, s. 1.

Timing of Elections

2. (1) The Election Committee shall recommend to the Council a date for the election in each election year.  O. Reg. 293/00, s. 2 (1).

(2) On a date set by the Council, an election of members to the Council shall be held before November 1, 2000, before April 30, 2003 and before April 30 in every third year after 2003.  O. Reg. 293/00, s. 2 (2).

Council Positions

3. Six regional positions and 11 other positions are established for the purposes of the election of members of the Council of the College.  O. Reg. 293/00, s. 3.

Eligibility to Vote for Regional Positions

4. Each elector who resides in one of the areas set out in Column 2 of the following Table is entitled to vote for the position set out in Column 1:

TABLE

 

Column 1

Column 2

Position

Residence Requirement

Regional Position 1

The elector must reside in one of:

 

  1. The territorial districts of Algoma, Cochrane, Kenora, Rainy River and Thunder Bay.

 

  2. The Regional County Municipalities of Abitibi, Abitibi-Ouest, Rouyn-Noranda, Témiscamingue and Vallée-de-l’Or in Quebec.

 

  3. Manitoba.

Regional Position 2

The elector must reside in:

 

The territorial districts of Sudbury, Manitoulin, Timiskaming, Nipissing and Parry Sound.

Regional Position 3

The elector must reside in one of:

 

  1. The Regional Municipality of Ottawa-Carleton.

 

  2. The united counties of Prescott and Russell.

 

  3. The united counties of Stormont, Dundas and Glengarry.

 

  4. The counties of Hastings, Lennox and Addington, Lanark and Renfrew.

 

  5. The united counties of Leeds and Grenville.

 

  6. The counties of Frontenac and Prince Edward.

 

  7. Any part of Quebec not described in Column 2 opposite Regional Position 1.

Regional Position 4

The elector must reside in one of:

 

  1. The counties of Northumberland, Victoria and Peterborough.

 

  2. The Municipality of Clarington.

 

  3. The counties of Simcoe and Haliburton.

 

  4. The District Municipality of Muskoka.

 

  5. The counties of Dufferin and Wellington.

 

  6. The Regional Municipalities of Peel and Halton.

 

  7. The Regional Municipalities of Waterloo, Niagara and Hamilton-Wentworth.

Regional Position 5

The elector must reside in one of:

 

  1. The counties of Brant, Essex, Lambton, Elgin, Middlesex, Huron, Perth, Bruce, Grey and Oxford.

 

  2. The Regional Municipality of Haldimand-Norfolk.

 

  3. The Municipality of Chatham-Kent.

Regional Position 6

The elector must reside in one of:

 

  1. The City of Toronto.

 

  2. The Regional Municipalities of York and Durham, excluding the Municipality of Clarington.

 

  3. Any area not described in Column 2 opposite Regional Positions 1 to 5.

O. Reg. 293/00, s. 4.

Voting for Positions 7 to 13

5. Each elector who is not eligible to vote under section 6 is entitled to vote for each of the positions set out in Column 1 of the following Table:

TABLE

 

Column 1

Column 2

Column 3

Position

Position Description

Requirements to be Nominated

Position 7

English-language public board elementary

The person,

 

 

(a) must be employed by an English-language public district school board, the Provincial Schools Authority or a school authority, other than a Roman Catholic school authority or a board of a secondary school district established under section 67, as part of the board’s or authority’s regular teaching staff;

 

 

(b) must be employed as an elementary school teacher;

 

 

(c) must hold the qualifications required to teach a course or class in the primary or junior division or in the first two years of the intermediate division; and

 

 

(d) must not be employed in a French-language instructional unit.

Position 8

English-language public board secondary

The person,

 

 

(a) must be employed by an English-language public district school board, public school authority or the Provincial Schools Authority as part of the board’s or authority’s regular teaching staff;

 

 

(b) must be employed as a secondary school teacher;

 

 

(c) must hold the qualifications required to teach a course or class in the last two years of the intermediate division or in the senior division; and

 

 

(d) must not be employed in a French-language instructional unit.

Position 9

English-language Roman Catholic board elementary

The person,

 

 

(a) must be employed by an English-language separate district school board or a Roman Catholic school authority as part of the board’s or authority’s regular teaching staff;

 

 

(b) must be employed as an elementary school teacher;

 

 

(c) must hold the qualifications required to teach a course or class in the primary or junior division or in the first two years of the intermediate division; and

 

 

(d) must not be employed in a French-language instructional unit.

Position 10

English-language Roman Catholic board secondary

The person,

 

 

(a) must be employed by an English-language separate district school board as part of the board’s regular teaching staff;

 

 

(b) must be employed as a secondary school teacher; and

 

 

(c) must hold the qualifications required to teach a course or class in the last two years of the intermediate division or in the senior division.

Position 11

French-language Roman Catholic board elementary

The person,

 

 

(a) must be employed by a French-language separate district school board or Roman Catholic school authority that operates a French-language instructional unit as part of the board’s or authority’s regular teaching staff;

 

 

(b) must be employed as an elementary school teacher;

 

 

(c) must hold the qualifications required to teach a course or class in the primary or junior division or in the first two years of the intermediate division; and

 

 

(d) must be employed in a French-language instructional unit.

Position 12

French-language Roman Catholic board secondary

The person,

 

 

(a) must be employed by a French-language separate district school board as part of the board’s regular teaching staff;

 

 

(b) must be employed as a secondary school teacher; and

 

 

(c) must hold the qualifications required to teach a course or class in the last two years of the intermediate division or in the senior division.

Position 13

French-language public board elementary or secondary

The person must meet all of the following requirements:

 

 

  1. The person must be employed by a French-language public district school board, a public school authority that operates a French-language instructional unit, or the Provincial Schools Authority at Centre Jules-Léger.

 

 

  2. The person must be employed as part of the board’s or authority’s regular teaching staff.

 

 

  3. The person must be employed in a French-language instructional unit.

 

 

  4. The person,

 

 

i. must be employed as an elementary school teacher and must hold the qualifications required to teach a course or class in the primary or junior division or in the first two years of the intermediate division, or

 

 

ii. must be employed as a secondary school teacher and must hold the qualifications required to teach a course or class in the last two years of the intermediate division or in the senior division.

O. Reg. 293/00, s. 5.

Voting for Positions 14 to 17

6. Each elector may vote for one position set out in Column 1 of the following Table if the elector meets the requirements set out in Column 3 to be nominated for that position:

TABLE

 

Column 1

Column 2

Column 3

Position

Position Description

Requirements to be Nominated

Position 14

Principal/Vice-Principal

The person must be employed as a principal or vice-principal, but not as an acting principal or vice-principal.

Position 15

Supervisory Officers

The person must be employed as a supervisory officer.

Position 16

Private Schools

The person must be employed by a private school that has submitted a current notice of intention under section 16 of the Education Act.

Position 17

Faculties of Education

The person must be employed by a university with which the Minister has an agreement under clause 14 (1) (b) of the Education Act, at a school or faculty of education within the university as a tenured or tenure-track member of the school or faculty.

O. Reg. 293/00, s. 6.

Eligibility to be Nominated

7. (1) Subject to subsections (2), (3) and (4), a person is eligible to be nominated for a position if the person,

(a) is an elector;

(b) resides in Ontario; and

(c) is not employed by or in the College.  O. Reg. 293/00, s. 7 (1).

(2) A person is eligible to be nominated for one of positions 1 to 6 if the person satisfies the requirements set out in subsection (1) and in Column 2 of the Table to section 4 with respect to that position.  O. Reg. 293/00, s. 7 (2).

(3) A person is eligible to be nominated for one of positions 7 to 13 if the person satisfies the requirements set out in subsection (1) and in Column 3 of the Table to section 5 with respect to that position.  O. Reg. 293/00, s. 7 (3).

(4) A person is eligible to be nominated for one of positions 14 to 17 if the person satisfies the requirements set out in subsection (1) and in Column 3 of the Table to section 6 with respect to that position.  O. Reg. 293/00, s. 7 (4).

General Duties of the Registrar

8. (1) The Registrar shall administer the election of members of Council of the College and shall decide all matters incidental to the election, including but not limited to,

(a) whether a person is eligible to be nominated for a position;

(b) whether a person is eligible to vote; and

(c) whether a nomination or vote should be accepted.  O. Reg. 293/00, s. 8 (1).

(2) The Registrar shall act as returning officer for the purposes of the election.  O. Reg. 293/00, s. 8 (2).

(3) The Registrar may,

(a) employ persons to assist in the conduct of the election; and

(b) enter into an agreement for the purpose of using electronic means for voting and for tabulating results.  O. Reg. 293/00, s. 8 (3).

(4) The Registrar shall permit any elector to inspect without fee, during regular office hours, the Registrar’s list of electors.  O. Reg. 293/00, s. 8 (4).

Procedures Before an Election

9. (1) At least four months before the election date, the Registrar shall publish notice of the election in the College’s official publication.  O. Reg. 293/00, s. 9 (1).

(2) The notice shall include the following:

1. A list of positions.

2. Instructions on the nomination process.

3. The last date to deliver or send completed nominations to the Registrar.

4. Particulars of any print, electronic or other medium by which the College intends to provide to electors information about the election, ballots or forms.  O. Reg. 293/00, s. 9 (2).

10. (1) The nomination of a person for election as a member of Council shall be in writing on a form provided by the Registrar, and shall include the following:

1. The person’s name.

2. The name of the person as he or she wishes it to appear on the ballot form.

3. The person’s registration number, issued by the College under its by-laws.

4. The person’s home address.

5. The person’s day-time and home telephone numbers.

6. The person’s work address and the name of the person’s employer, if the person seeks one of positions 7 to 17.

7. The position sought by the person.

8. A statement signed by the person attesting that,

i. he or she is eligible for the position sought,

ii. he or she is willing to be nominated and to serve on the Council, and

iii. the information about the nominee contained in the nomination form is accurate.

9. The content regarding nominators set out in subsection (2).  O. Reg. 293/00, s. 10 (1).

(2) The nomination form must include signatures of at least 10 nominators and the following information about each nominator:

1. The nominator’s name.

2. The nominator’s registration number, issued by the College under its by-laws.

3. The nominator’s home address.

4. The nominator’s work address, if the person is nominating a nominee for one of positions 7 to 17.

5. A statement signed by the nominator attesting that he or she,

i. is eligible to be a nominator, and

ii. supports the nominee’s nomination.  O. Reg. 293/00, s. 10 (2).

(3) An elector is eligible to nominate a person for a position if the elector is eligible to seek the position.  O. Reg. 293/00, s. 10 (3).

(4) Before the election, a nominee may submit a biographical statement in support of the nomination, in a form established by the Registrar, before the date specified by the Registrar for all nominees.  O. Reg. 293/00, s. 10 (4).

(5) The biographical statement shall include a statement signed by the nominee attesting that the biographical statement is accurate.  O. Reg. 293/00, s. 10 (5).

11. A person is entitled to nominate only one nominee for each position.  O. Reg. 293/00, s. 11.

12. (1) No person shall seek nomination for more than one position.  O. Reg. 293/00, s. 12 (1).

(2) The Registrar shall reject all nominations of a person who contravenes subsection (1).  O. Reg. 293/00, s. 12 (2).

13. Nominations shall be delivered to the office of the Registrar or sent to the Registrar by mail.  O. Reg. 293/00, s. 13.

14. (1) The Registrar shall review the nominations and shall reject a nomination,

(a) if the Registrar has reason to believe that the nominee is not eligible to be nominated for the position; or

(b) if the nomination was not delivered or sent to the Registrar by the date specified in the notice for providing nominations to the Registrar under subsection 9 (2).  O. Reg. 293/00, s. 14 (1).

(2) The Registrar may reject a nomination if he or she reasonably determines that it does not meet the requirements of this Regulation.  O. Reg. 293/00, s. 14 (2).

15. The Registrar shall, within five working days of the receipt of the nomination, give each nominee written notice as to whether the nominee has been accepted or rejected as a candidate.  O. Reg. 293/00, s. 15.

16. (1) The Registrar shall declare a person’s candidacy for a position terminated where the Registrar reasonably determines that the person,

(a) was not eligible to be nominated for the position at the time the person’s nomination was delivered or sent to the Registrar;

(b) has ceased to be eligible to be nominated for the position since the time mentioned in clause (a); or

(c) signed a statement under paragraph 8 of subsection 10 (1) as a nominee for more than one position.  O. Reg. 293/00, s. 16 (1).

(2) The Registrar shall declare a person’s candidacy for a position terminated on receiving written notification from the person that he or she wishes the candidacy terminated.  O. Reg. 293/00, s. 16 (2).

(3) Where a person’s candidacy is terminated, the Registrar shall,

(a) give the person written notice of the termination; and

(b) take reasonable steps to make the electorate aware that the candidacy has been terminated.  O. Reg. 293/00, s. 16 (3).

Acclamations, Vacant Positions

17. Where only one person is a candidate for a position, the Registrar shall declare the person elected to the position by acclamation.  O. Reg. 293/00, s. 17.

18. (1) Where there is no candidate for a position, a majority of the elected members of Council shall at its first meeting elect a person to the position.  O. Reg. 293/00, s. 18 (1).

(2) A vote under subsection (1) may only be cast for a person who, at the time of the vote, is eligible to be nominated for the position.  O. Reg. 293/00, s. 18 (2).

Election Procedures

19. (1) The Election Committee shall establish the voting procedures for the election.  O. Reg. 293/00, s. 19 (1).

(2) The procedures shall permit each elector to vote from the date on which the elector is provided with a ballot until the end of the election date.  O. Reg. 293/00, s. 19 (2).

(3) The procedures may provide for the use of electronic means for voting and for tabulating results.  O. Reg. 293/00, s. 19 (3).

(4) The Registrar shall make reasonable efforts to ensure that any records that connect the name of an elector to the votes cast by him or her remain confidential and are used only to the extent necessary for the purposes of voting and tabulating results.  O. Reg. 293/00, s. 19 (4).

20. (1) At least one month before election date, the Registrar shall make public the following information:

1. A list of the positions for which electors are entitled to vote.

2. An alphabetical list of the candidates for each position.

3. Those biographical statements of the candidates, in alphabetical order for each position, that were prepared and submitted in accordance with the requirements of this Regulation.

4. A general description of the role and functions of the College and of the Council.  O. Reg. 293/00, s. 20 (1).

(2) The Registrar shall record a list of electors including,

(a) each elector’s name;

(b) the elector’s current address, as provided by the elector under the by-laws of the College; and

(c) the positions for which the elector is entitled to vote.  O. Reg. 293/00, s. 20 (2).

(3) At least one month before the election date, the Registrar shall provide a ballot to each elector.  O. Reg. 293/00, s. 20 (3).

(4) At least one month before the election date, the Registrar shall provide the following information to each elector by mail to the elector’s current address, or by electronic means if the procedures established by the Election Committee permit it:

1. A list of positions for which the elector is entitled to vote.

2. An alphabetical list of the candidates for each position for which the elector is entitled to vote.

3. Instructions on how to vote.  O. Reg. 293/00, s. 20 (4).

(5) The Registrar may extend the period for providing ballots or voting if there is a postal disruption.  O. Reg. 293/00, s. 20 (5).

Right to Use French or English

21. (1) An elector has the right to use French or English in all dealings with the Registrar relating to the election of members to the Council.  O. Reg. 293/00, s. 21 (1).

(2) An elector has the right to vote in French or English.  O. Reg. 293/00, s. 21 (2).

Election Results

22. (1) The Registrar shall, within two days after the election date,

(a) ensure that the votes for each candidate are counted; and

(b) declare elected the candidate who received the greatest number of votes for each of the positions.  O. Reg. 293/00, s. 22 (1).

(2) The Registrar shall make the election results available to the public, and those results shall include the name of the candidate elected to each position, the total number of votes cast for each position, the number of votes cast for each candidate and the number of votes rejected.  O. Reg. 293/00, s. 22 (2).

(3) After making the election results available to the public, the Registrar shall ensure that the election results are published in the College’s official publication.  O. Reg. 293/00, s. 22 (3).

(4) If fewer than 50 votes separate an elected candidate from another candidate for the same position, the Registrar shall, on the written request of the other candidate, promptly retabulate the results of the election for the position and provide the retabulated results to all candidates for the position.  O. Reg. 293/00, s. 22 (4).

(5) A request by a candidate under subsection (4) may only be made within 10 days after the election date.  O. Reg. 293/00, s. 22 (5).

(6) Where from the retabulation it appears to the Registrar that a wrong candidate was declared elected, the Registrar shall correct the results, declare the correct candidate as elected and make the corrected election results available to the public.  O. Reg. 293/00, s. 22 (6).

(7) The Registrar shall retain all returns from the election until the Council authorizes their destruction or until June 30 of an election year, whichever comes first.  O. Reg. 293/00, s. 22 (7).

(8) Where necessary, the Registrar shall break a tie by lot.  O. Reg. 293/00, s. 22 (8).

Term of Office

23. (1) The term of office of a person elected to the Council starts at the first regular meeting of the Council, at which a quorum is present, held after the person is elected and expires at the first regular meeting of the Council, at which a quorum is present, held after the next election of Council members.  O. Reg. 293/00, s. 23 (1).

(2) Subject to the limit set out in paragraph 6 of subsection 40 (1) of the Act, subsection (1) applies even if it results in a term of office greater than three years.  O. Reg. 293/00, s. 23 (2).