O. Reg. 412/00: ELECTIONS TO AND REPRESENTATION ON DISTRICT SCHOOL BOARDS, Education Act, R.S.O. 1990, c. E.2

Education Act

ONTARIO REGULATION 412/00

Amended to O. Reg. 471/05

ELECTIONS TO AND REPRESENTATION ON DISTRICT SCHOOL BOARDS

Historical version for the period August 22, 2005 to August 31, 2005.

This is the English version of a bilingual regulation.

PART I
GENERAL

Interpretation

1. (1) In this Regulation,

“board” means a district school board; (“conseil”)

“board area” means the area of jurisdiction, expressed in square kilometres, of a board, as set out in Table 1; (“territoire du conseil”)

“density” means the quotient, calculated to two decimal places, obtained by dividing the total population of the board’s electoral group, as reported under subsection 2 (3), by the board area; (“densité”)

“election year” means the year of a regular election; (“année d’élections”)

“electoral group” means, with respect to a board, the group composed of all persons who reside within the area of jurisdiction of the board and are,

(a) persons entitled to vote at elections of members of the board,

(b) supporters of the board, or

(c) dependents of persons referred to in clause (a) or (b); (“groupe électoral”)

“municipality” includes, other than in section 10 and subsection 11 (4),

(a) unorganized territory that is deemed to be a district municipality under Ontario Regulation 468/97, and

(b) if unorganized territory is attached to a municipality for election purposes, the municipality together with the unorganized territory; (“municipalité”)

“regular election” means a regular election under the Municipal Elections Act, 1996; (“élections ordinaires”)

“school board election clerk” means, with respect to the election of members of a board, a person who is responsible for conducting the election in a municipality; (“secrétaire des élections scolaires”)

“ward” means a ward of a municipality. (“quartier”) O. Reg. 412/00, s. 1 (1); O. Reg. 45/03, s. 1.

(2) A reference in this Regulation to a municipality or ward shall be deemed, with respect to the election of members of a board, to be a reference to the municipality or ward with the boundaries that will apply for the purposes of the election, as determined on January 1 of the election year, subject to the following rules:

1. A decision affecting a boundary that may be appealed shall not be taken into account if, on January 1 of the election year,

i. the period during which an appeal may be commenced has not expired, or

ii. an appeal has been commenced but has not been finally determined.

2. The municipality or ward shall be deemed not to include any area that is outside the area of jurisdiction of the board. O. Reg. 412/00, s. 1 (2).

(3) For the purposes of this Regulation, territory without municipal organization that is within the area of jurisdiction of a board and that is deemed to be a district municipality under Ontario Regulation 468/97 is deemed to be a district municipality for purposes of board elections. O. Reg. 412/00, s. 1 (3).

Population Data

2. (1) Before February 15 in each election year, the Municipal Property Assessment Corporation shall, in respect of each board, for each area set out in subsection (2), determine the population of the board’s electoral group who are resident in the area on January 1 of that year. O. Reg. 412/00, s. 2 (1); O. Reg. 155/02, s. 1 (1).

(2) The areas referred to in subsection (1) are:

1. Each municipality that is not divided into wards.

2. Each ward of a municipality that is divided into wards. O. Reg. 412/00, s. 2 (2).

(3) Not later than February 15 of the election year, the Municipal Property Assessment Corporation shall,

(a) report to the Minister each of its determinations under subsection (1);

(b) report to the school board election clerk for each municipality each of its determinations under subsection (1) in respect of each board, the area of jurisdiction of which is wholly or partially the same as the municipality; and

(c) report to the secretary of each board each of its determinations under subsection (1) in respect of that board. O. Reg. 412/00, s. 2 (3); O. Reg. 155/02, s. 1 (2).

(4) For the purpose of this Regulation, a determination of whether a municipality has a larger population of a board’s electoral group than another municipality shall be made using the information reported under subsection (3). O. Reg. 412/00, s. 2 (4).

(5) Subsection (4) does not apply to a municipality if it does not exist at the time the determination is made, unless a person or body does exist who is responsible for conducting the election in the municipality. O. Reg. 412/00, s. 2 (5).

Determination of Number of Members

3. (1) Not later than March 31 in each election year, every board shall determine the number of members to be elected to the board in accordance with this section. O. Reg. 412/00, s. 3 (1).

(2) Subject to any addition of members pursuant to regulations made under section 188 of the Act or pursuant to a resolution described in subsection (3) and subject to any reduction in the number of members pursuant to a resolution passed under subsection 58.1 (10.1) of the Act, the number of members of a board shall be determined by applying the following rules:

1. Determine the total population of the board’s electoral group by calculating the sum of the populations reported under subsection 2 (3) for all the areas referred to in subsection 2 (2).

2. Determine the number of members based on population set out in Table 2 for the total population of the board’s electoral group determined under paragraph 1.

3. Determine the number of additional members based on density by taking the lesser of,

i. the number of additional members set out in Table 3 based on the density of the board, and

ii. the number of additional members set out in Table 4 based on the board area of the board.

4. Determine the number of additional members based on dispersal in accordance with the following rules:

i. If the dispersal factor set out for the board in Table 5 is 0, the number of additional members based on dispersal is 0.

ii. If the dispersal factor set out for the board in Table 5 is greater than 0 and less than 10, the number of additional members based on dispersal is 1.

iii. If the dispersal factor set out for the board in Table 5 is 10 or more but less than 25, the number of additional members based on dispersal is 2.

iv. If the dispersal factor set out for the board in Table 5 is 25 or more but less than 50, the number of additional members based on dispersal is 3.

v. If the dispersal factor set out for the board in Table 5 is 50 or more, the number of additional members based on dispersal is 4.

5. Subject to paragraph 6, the number of members of the board is the number of members based on population determined under paragraph 2, plus the number of additional members determined under paragraph 3 or 4, whichever is greater.

6. The number of members of the board is the greater of,

i. the number determined under paragraph 5, and

ii. the number set out in Table 6 for the day school average daily enrolment of pupils of the board within the meaning of the most recent regulations made under section 234 of the Act, not counting pupils enrolled in junior kindergarten. O. Reg. 412/00, s. 3 (2); O. Reg. 432/00, s. 1; O. Reg. 45/03, s. 2 (1).

(3) The board may, by resolution passed before March 31, 2003, determine that the number of members to be elected at the 2003 regular election will be the same as the number of members that were to be elected to the board at the 2000 regular election. O. Reg. 45/03, s. 2 (2).

3.1 The date before which a resolution may be passed under subsection 58.1 (10.1) of the Act is March 31 in an election year. O. Reg. 45/03, s. 3.

Distribution of Members to Geographic Areas

4. (1) A board that has jurisdiction in more than one municipality shall, not later than March 31 in each election year,

(a) pass a resolution designating one or more municipalities within the board’s area of jurisdiction as low population municipalities and directing that an alternative distribution of members be done in respect of them for purposes of the election of board members; or

(b) pass a resolution stating that the board has decided not to designate any municipality within the board’s area of jurisdiction as a low population municipality. O. Reg. 412/00, s. 4 (1).

(2) A resolution under clause (1) (a) shall provide that the sum of the electoral quotients for the municipality or municipalities designated as low population municipalities shall be increased by one or two. O. Reg. 412/00, s. 4 (2).

(3) A resolution under subsection (1) shall be effective only for the regular election of board members in that election year and for any by-election held during the term that commences immediately after that election. O. Reg. 412/00, s. 4 (3).

(4) In carrying out its duties under this section, the board shall have regard to the following principles:

1. Municipalities with low populations should receive reasonable representation.

2. Evidence of historic, traditional or geographic communities should be taken into account.

3. To the extent possible, the identification of low population municipalities should permit the establishment of geographic areas that coincide with school communities.

4. Representation should not deviate unduly from the principle of representation by population. O. Reg. 412/00, s. 4 (4).

5. Not later than March 31 in each election year, every board shall distribute the positions of the members to be elected to the board in accordance with section 6 or 7, whichever is applicable. O. Reg. 412/00, s. 5.

6. (1) If a board has jurisdiction in only one municipality or a resolution under clause 4 (1) (b) is in effect, a distribution of the positions of the members to be elected to the board shall be made according to the following rules:

1. Calculate the electoral quotient for each municipality and ward using the following formula:

where,

a = the population of the board’s electoral group resident in the municipality or ward, as reported under subsection 2 (3),

b = the total number of members determined for the board under section 3 or, if a resolution under subsection 58.1 (10.1) of the Act is in effect, the total number of members specified in that resolution,

c = the total population of the board’s electoral group, as reported under subsection 2 (3).

2. Combine every municipality and every ward within the area of jurisdiction of the board into a number of geographic areas that does not exceed the number determined for “b” in paragraph 1.

3. The number of members that represent the electors of the board’s electoral group in each geographic area shall be, as nearly as practicable, the sum of the electoral quotients of the constituent municipalities and wards that form the geographic area. O. Reg. 412/00, s. 6 (1); O. Reg. 45/03, s. 4.

(2) In carrying out its duties under subsection (1), the board shall, to the extent practicable, form geographic areas for which the sum of the electoral quotients of the constituent municipalities and wards is a whole number greater than zero. O. Reg. 412/00, s. 6 (2).

7. (1) If a resolution under clause 4 (1) (a) is in effect, a distribution of the positions of the members to be elected to the board shall be made according to the following rules:

1. Calculate the electoral quotient for each municipality and ward using the following formula:

where,

a = the population of the board’s electoral group resident in the municipality or ward, as reported under subsection 2 (3),

b = the total number of members determined for the board under section 3 or, if a resolution under subsection 58.1 (10.1) of the Act is in effect, the total number of members specified in that resolution,

c = the total population of the board’s electoral group, as reported under subsection 2 (3).

2. Place the municipalities in two groups, one of which shall be comprised of the municipality or municipalities designated under clause 4 (1) (a) and one of which shall be comprised of the remaining municipalities in the board’s area of jurisdiction.

3. Calculate the sum of the electoral quotients for each of the two groups of municipalities.

4. Add the number determined by the resolution of the board under subsection 4 (2) to the sum of the electoral quotients for the group of municipalities that are designated under clause 4 (1) (a).

5. Subtract the number that was added under paragraph 4 to the sum of the electoral quotients for the group of municipalities designated under clause 4 (1) (a) from the sum of the electoral quotients for the group of the remaining municipalities.

6. Calculate the alternative electoral quotient for each municipality and ward using the following formula:

Alternative electoral quotient =

where,

a = the population of the board’s electoral group resident in the municipality or ward, as reported under subsection 2 (3),

b = the number calculated under paragraph 4 or 5, as the case may be, and

c = the total population of the board’s electoral group resident in the group of municipalities to which the municipality or ward belongs, as reported under subsection 2 (3).

7. Combine every municipality and every ward within each group of municipalities into a number of geographic areas which does not exceed the number determined for “b” in paragraph 1. No geographic area shall include municipalities or parts of municipalities in both the designated group and the remaining group of municipalities.

8. The number of members that represent the electors in each geographic area shall be, as nearly as practicable, the sum of the electoral quotients of the municipalities and wards that form the geographic area. O. Reg. 412/00, s. 7 (1) O. Reg. 45/03, s. 5.

(2) In carrying out its duties under paragraph 7 of subsection (1), the board shall, to the extent practicable, form geographic areas for which the sum of the electoral quotients of the constituent municipalities and wards is a whole number greater than zero. O. Reg. 412/00, s. 7 (2).

8. A by-law of a municipality made under the authority of subsection 230 (5) of the Act, as it read on December 31, 1997, or under the authority of a predecessor of that subsection, does not apply to any election. O. Reg. 412/00, s. 8.

8.1 Where a board has formed a geographic area that consists of all or part of two or more municipalities, the board shall identify which of those municipalities has the largest population of the board’s electoral group for the purpose of identifying the school board election clerk referred to in subsection 11 (2). O. Reg. 235/04, s. 1.

Report on Determination and Distribution

9. (1) On completion of the determination and distribution of members of the board, the board shall prepare a report that includes,

(a) the results of the determination and distribution;

(b) where a geographic area consists of all or part of two or more municipalities, the identification made under section 8.1 of the municipality with the largest population of the board’s electoral group; and

(c) a copy of the data and calculations by which the determination and distribution referred to in clause (a) were made and by which the identification referred to in clause (b) was made. O. Reg. 235/04, s. 2.

(2) Not later than April 3 in each election year, the board shall send a copy of the report to,

(a) the Minister;

(b) the school board election clerks for all the municipalities within the area of jurisdiction of the board; and

(c) the secretary of every other board, the area of jurisdiction of which is wholly or partially within the area of jurisdiction of the board. O. Reg. 412/00, s. 9 (2).

Appeals on Distribution

10. (1) The council of a municipality within the area of jurisdiction of a board may appeal to the Ontario Municipal Board the results of the distribution under section 6 or 7. O. Reg. 412/00, s. 10 (1).

(2) An appeal under subsection (1) may only be made if the distribution made under section 6 or 7 allots to a geographic area a number of members that is different from the sum of the applicable electoral quotients for the geographic area by an amount that is greater than 0.05 times the total number of members. O. Reg. 412/00, s. 10 (2).

(3) The appeal shall be commenced by filing with the secretary of the board a notice of appeal setting out the objection to the distribution and the reasons for the objection and be accompanied by the fee prescribed under the Ontario Municipal Board Act. O. Reg. 412/00, s. 10 (3); O. Reg. 45/03, s. 6 (1).

(3.1) The secretary of a board who receives a notice of appeal under subsection (3) shall ensure that,

(a) a record is compiled consisting of the notice of appeal and the reasons for the objection;

(b) the record and the fee are forwarded to the Ontario Municipal Board within 15 days after the notice and the fee are received; and

(c) such other information as the Ontario Municipal Board may require in respect of the appeal that is within the board’s possession is forwarded to the Ontario Municipal Board. O. Reg. 45/03, s. 6 (2).

(3.2) Despite clause (3.1) (b), if the appeal is withdrawn within 15 days after the notice of appeal and the fee are filed, the board is not required to forward the materials described under clauses (3.1) (b) and (c) to the Ontario Municipal Board. O. Reg. 45/03, s. 6 (2).

(4) The appeal must be commenced not later than April 21 in the election year. O. Reg. 412/00, s. 10 (4).

(5) If no appeal is commenced, the board shall be deemed to be properly constituted despite any defect in the distribution. O. Reg. 412/00, s. 10 (5).

(6) The secretary of the board shall, not later than April 25 in the election year, forward any notices of appeal to the Ontario Municipal Board. O. Reg. 412/00, s. 10 (6).

(7) The parties to the appeal are the municipality, the board and any other person added as a party by the Board. O. Reg. 412/00, s. 10 (7).

(8) The Board is not required to hold a hearing on the appeal. O. Reg. 412/00, s. 10 (8).

(9) The Board may,

(a) dismiss the appeal; or

(b) allow the appeal, in whole or in part, and make an order varying the distribution. O. Reg. 412/00, s. 10 (9).

(10) The Board shall determine the appeal not later than June 10 in the election year. O. Reg. 412/00, s. 10 (10).

Conduct of Elections

11. (1) This section applies to regular elections and by-elections of members of a board from a geographic area formed for a board under section 6 or 7, if the geographic area is composed of all or part of two or more municipalities. O. Reg. 45/03, s. 7.

(2) Subject to subsection (5), the person responsible for conducting the election of members of the board from the geographic area is the school board election clerk of the municipality wholly or partly within the geographic area having the largest population of the board’s electoral group. O. Reg. 45/03, s. 7.

(3) Nominations shall be filed with the school board election clerk referred to in subsection (2), who shall send the names of the candidates by registered mail within 48 hours after the closing of nominations to the school board election clerk of each municipality that is wholly or partly within the geographic area. O. Reg. 45/03, s. 7.

(4) If the distance between the residence of a person seeking nomination and the office of the school board election clerk with whom nominations must be filed is greater than 100 kilometres, the clerk shall, for the purpose of making it easier for the person or the person’s agent to file the nomination, delegate such of his or her powers as may be necessary to,

(a) the school board election clerk of the municipality in which the person seeking nomination resides, if the person resides in a municipality;

(b) the school board election clerk of the municipality to which the unorganized territory in which the person seeking nomination resides is attached for election purposes, if the person resides in unorganized territory that is attached to a municipality for election purposes and the territory that is attached is part of the same geographic area as the municipality for election purposes;

(c) the school board election clerk whose office is in the same geographic area and is closest to the person’s residence, in any other case. O. Reg. 45/03, s. 7.

(5) The school board election clerk of each municipality wholly or partly within the geographic area is the person responsible for conducting the election of members of the board in the municipality and shall promptly report the vote recorded to the clerk referred to in subsection (2) who shall prepare the final summary, announce the result of the vote and forward the result to the secretary of the board and to the Minister. O. Reg. 45/03, s. 7.

12. Revoked: O. Reg. 45/03, s. 7.

PART II (ss. 13.-26.) Revoked: O. Reg. 45/03, s. 8.

PART III (ss. 27.-29.) Revoked: O. Reg. 45/03, s. 8.

TABLE 1
BOARD AREAS

Item

Name of Board

Area (km2)

1.

District School Board Ontario North East

24,876

2.

Algoma District School Board

9,069

3.

Rainbow District School Board

14,010

4.

Near North District School Board

17,020

5.

Keewatin-Patricia District School Board

6,310

6.

Rainy River District School Board

10,409

7.

Lakehead District School Board

5,086

8.

Superior-Greenstone District School Board

18,644

9.

Bluewater District School Board

8,686

10.

Avon Maitland District School Board

5,639

11.

Greater Essex County District School Board

1,872

12.

Lambton Kent District School Board

5,505

13.

Thames Valley District School Board

7,278

14.

Toronto District School Board

634

15.

Durham District School Board

1,963

16.

Kawartha Pine Ridge District School Board

6,998

17.

Trillium Lakelands District School Board

12,133

18.

York Region District School Board

1,774

19.

Simcoe County District School Board

4,901

20.

Upper Grand District School Board

4,192

21.

Peel District School Board

1,255

22.

Halton District School Board

973

23.

Hamilton-Wentworth District School Board

1,127

24.

District School Board of Niagara

1,883

25.

Grand Erie District School Board

4,067

26.

Waterloo Region District School Board

1,383

27.

Ottawa-Carleton District School Board

2,806

28.

Upper Canada District School Board

12,112

29.

Limestone District School Board

7,193

30.

Renfrew County District School Board

7,851

31.

Hastings and Prince Edward District School Board

7,200

32.

Northeastern Catholic District School Board

24,888

33.

Nipissing-Parry Sound Catholic District School Board

10,597

34.

Huron-Superior Catholic District School Board

8,813

35.

Sudbury Catholic District School Board

9,317

36.

Northwest Catholic District School Board

11,513

Note: On September 1, 2005, item 36 is revoked and the following substituted:

36.

Northwest Catholic District School Board

11,597

See: O. Reg. 471/05, ss. 1 (1), 2.

37.

Kenora Catholic District School Board

1,411

38.

Thunder Bay Catholic District School Board

4,936

39.

Superior North Catholic District School Board

18,716

40.

Bruce-Grey Catholic District School Board

8,686

41.

Huron Perth Catholic District School Board

5,639

42.

Windsor-Essex Catholic District School Board

1,872

43.

English-language Separate District School Board No. 38

7,278

44.

St. Clair Catholic District School Board

5,505

45.

Toronto Catholic District School Board

634

46.

Peterborough Victoria Northumberland and Clarington Catholic District School Board

10,324

47.

York Catholic District School Board

1,774

48.

Dufferin-Peel Catholic District School Board

2,751

49.

Simcoe Muskoka Catholic District School Board

9,383

50.

Durham Catholic District School Board

1,963

51.

Halton Catholic District School Board

973

52.

Hamilton-Wentworth Catholic District School Board

1,127

53.

Wellington Catholic District School Board

2,696

54.

Waterloo Catholic District School Board

1,383

55.

Niagara Catholic District School Board

1,883

56.

Brant Haldimand Norfolk Catholic District School Board

4,067

57.

Catholic District School Board of Eastern Ontario

12,112

58.

Ottawa-Carleton Catholic District School Board

2,806

59.

Renfrew County Catholic District School Board

7,851

60.

Algonquin and Lakeshore Catholic District School Board

16,101

61.

Conseil scolaire de district du Nord-Est de l’Ontario

46,453

62.

Conseil scolaire de district du Grand Nord de l’Ontario

62,800

63.

Conseil scolaire de district du Centre Sud-Ouest

68,014

64.

Conseil scolaire de district des écoles publiques de langue française no 59

37,152

65.

Conseil scolaire de district catholique des Grandes Rivières

24,876

66.

Conseil scolaire de district catholique Franco-Nord

10,597

67.

Conseil scolaire de district catholique du Nouvel-Ontario

18,224

68.

Conseil scolaire de district catholique des Aurores boréales

36,559

Note: On September 1, 2005, item 68 is revoked and the following substituted:

68.

Conseil scolaire de district catholique des Aurores boréales

36,643

See: O. Reg. 471/05, ss. 1 (2), 2.

69.

Conseil scolaire de district des écoles catholiques du Sud-Ouest

28,980

70.

Conseil scolaire de district catholique Centre-Sud

40,407

71.

Conseil scolaire de district catholique de l’Est Ontarien

5,326

72.

Conseil scolaire de district catholique du Centre-Est de l’Ontario

33,543

O. Reg. 45/03, s. 9.

TABLE 2
NUMBER OF MEMBERS BASED ON ELECTORAL GROUP POPULATION

Item

Total Population of Electoral Group

Number of Members

1.

Less than 30,000 persons

5

2.

30,000 to 44,999 persons

6

3.

45,000 to 59,999 persons

7

4.

60,000 to 99,999 persons

8

5.

100,000 to 149,999 persons

9

6.

150,000 to 249,999 persons

10

7.

250,000 to 399,999 persons

11

8.

400,000 to 999,999 persons

12

9.

1,000,000 to 1,499,999 persons

17

10.

1,500,000 persons or more

22

O. Reg. 412/00, Table 2.

TABLE 3
NUMBER OF ADDITIONAL MEMBERS BASED ON BOARD DENSITY

Item

Density

Number of Additional Members

1.

Less than 1.00

7

2.

1.00 or more but less than 1.25

6

3.

1.25 or more but less than 1.50

5

4.

1.50 or more but less than 2.00

4

5.

2.00 or more but less than 3.00

3

6.

3.00 or more but less than 4.00

1

7.

4.00 or more

0

O. Reg. 412/00, Table 3.

TABLE 4
MAXIMUM NUMBER OF ADDITIONAL MEMBERS BASED ON BOARD DENSITY

Item

Board Area

Number of Additional Members

1.

Less than 8,000 square kilometres

0

2.

8,000 square kilometres or more but less than 12,000 square kilometres

1

3.

12,000 square kilometres or more but less than 25,000 square kilometres

3

4.

25,000 square kilometres or more but less than 40,000 square kilometres

6

5.

40,000 square kilometres or more

The lesser of 7 and the difference between 12 and the number of members based on electoral group population set out in Table 2 for the population of the board’s electoral group.

O. Reg. 412/00, Table 4; O. Reg. 432/00, s. 3.

TABLE 5
DISPERSAL FACTORS

Item

Name of Board

Dispersal Factor

1.

District School Board Ontario North East

16.7

2.

Algoma District School Board

20.3

3.

Keewatin-Patricia District School Board

29.4

4.

Superior-Greenstone District School Board

46.7

5.

Northeastern Catholic District School Board

15.4

6.

Huron-Superior Catholic District School Board

28.6

7.

Northwest Catholic District School Board

20.0

8.

Superior North Catholic District School Board

25.0

9.

Algonquin and Lakeshore Catholic District School Board

2.4

10.

Conseil scolaire de district du Nord-Est de l’Ontario

62.5

11.

Conseil scolaire de district du Grand Nord de l’Ontario

33.4

12.

Conseil scolaire de district du Centre Sud-Ouest

8.8

13.

Conseil scolaire de district des écoles publiques de langue française n°59

11.9

14.

Conseil scolaire de district catholique des Grandes Rivières

21.7

15.

Conseil scolaire de district catholique du Nouvel-Ontario

14.3

16.

Conseil scolaire de district catholique des Aurores boréales

66.7

17.

Conseil scolaire de district des écoles catholiques du Sud-Ouest

10.3

18.

Conseil scolaire de district catholique du Centre-Est de l’Ontario

1.6

19.

All other boards

0.0

O. Reg. 412/00, Table 5.

TABLE 6
MINIMUM NUMBER OF MEMBERS BASED ON BOARD ENROLMENT

Item

Day School Average Daily Enrolment

Minimum Number of Members

1.

10,000 to 13,999 pupils

6

2.

14,000 to 21,499 pupils

7

3.

21,500 to 29,999 pupils

8

4.

30,000 to 44,999 pupils

9

5.

45,000 to 84,999 pupils

10

6.

85,000 or more pupils

11

O. Reg. 412/00, Table 6.