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O. Reg. 829/93: ELECTION OF COUNCIL MEMBERS

under Chiropody Act, 1991, S.O. 1991, c. 20

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Versions
revoked or spent August 15, 2006
March 10, 1994 August 14, 2006

Chiropody Act, 1991
Loi de 1991 sur les podologues

ONTARIO REGULATION 829/93

Amended to O. Reg. 382/06

ELECTION OF COUNCIL MEMBERS

Note: This Regulation was revoked on August 15, 2006. See: O. Reg. 382/06, s. 1.

This Regulation is made in English only.

Electoral Districts

1. The following electoral distracts are established for the purpose of the election of members to the Council:

1. Electoral district 1 (Toronto) composed of The Municipality of Metropolitan Toronto.

2. Electoral district 2 (South West) composed of the counties of Elgin, Essex, Huron, Kent, Lambton, Middlesex, Oxford and Perth.

3. Electoral district 3 (Central West) composed of the counties of Brant, Bruce, Dufferin, Grey and Wellington and the regional municipalities of Haldimand-Norfolk, Halton, Hamilton-Wentworth, Niagara and Waterloo.

4. Electoral district 4 (East) composed of the counties of Frontenac, Hastings, Lanark, Prince Edward and Renfrew, and the united counties of Leeds and Grenville, Lennox and Addington, Prescott and Russell, Stormont, Dundas and Glengarry, and The Regional Municipality of Ottawa-Carleton.

5. Electoral district 5 (Central East) composed of the counties of Haliburton, Northumberland, Peterborough, Simcoe and Victoria and the regional municipalities of Durham, Peel and York.

6. Electoral district 6 (North) composed of the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming and The District Municipality of Muskoka. O. Reg. 829/93, s. 1.

Number of Members Elected

2. Nine members shall be elected to the Council in the following manner:

1. One chiropodist for each of electoral districts 1 to 6, inclusive.

2. One podiatrist for each of the following pairs of electoral districts: electoral districts 1 and 2; electoral districts 3 and 4; and electoral districts 5 and 6. O. Reg. 829/93, s. 2.

First Council

3. (1) The first Council shall consist of,

(a) three members elected from the existing Board of Regents to represent electoral districts 1 and 2; and

(b) six new members elected to represent electoral districts 3, 4, 5 and 6. O. Reg. 829/93, s. 3 (1).

(2) The election of the members described in subsection (1) shall be held in June, 1994. O. Reg. 829/93, s. 3 (2); O. Reg. 109/94, s. 1.

Election Date

4. (1) As the first Council members’ terms of office expire, elections of members to the Council shall be held,

(a) in June, 1995 and in every third year after that for electoral districts 1 and 2;

(b) in June, 1996 and in every third year after that for electoral districts 3 and 4;

(c) in June, 1997 and in every third year after that for electoral districts 5 and 6. O. Reg. 829/93, s. 4 (1).

(2) The Council shall set the date for each election of members to the Council. O. Reg. 829/93, s. 4 (2).

Terms of Office

5. (1) The terms of office for the first Council members are,

(a) one year for the members representing electoral districts 1 and2;

(b) two years for the members representing electoral districts 3 and 4; and

(c) three years for the members representing electoral districts 5 and 6. O. Reg. 829/93, s. 5 (1).

(2) The term of office of a member elected to the Council under subsection 4 (1) is three years. O. Reg. 829/93, s. 5 (2).

(3) The term of office of a member elected to the Council commences with the first regular meeting of the Council after the election. O. Reg. 829/93, s. 5 (3).

Eligibility to Vote

6. (1) A member is not eligible to vote if he or she is in default of,

(a) payment of any fine imposed by the Discipline Committee;

(b) completing and returning any prescribed form; or

(c) furnishing any prescribed information. O. Reg. 829/93, s. 6 (1).

(2) A member is eligible to vote in the electoral district,

(a) in which the member principally practises on March 1 before the election; or

(b) if the member is not engaged in the practice of chiropody, in which the member principally resides on March 1 before the election. O. Reg. 829/93, s. 6 (2).

(3) The places referred to in clauses (2) (a) and (b) are determined according to the business and home addresses on record with the Registrar. O. Reg. 829/93, s. 6 (3).

Eligibility for Election

7. (1) A member is eligible for election to the Council in an electoral district if, on the date of the election,

(a) the member is engaged in the practice of chiropody in the electoral district for which he or she is nominated, or, if the member is not engaged in the practice of chiropody, is resident in the electoral district for which he or she is nominated;

(b) the member is not in default of payment of any prescribed fees;

(c) the member is not the subject of any disciplinary or incapacity proceeding;

(d) the member’s certificate of registration has not been revoked or suspended in the six years preceding the date of the election as a result of a professional misconduct, incompetence or incapacity proceeding;

(e) the member’s certificate of registration is not subject to a term, condition or limitation arising from a professional misconduct, incompetence or incapacity proceeding;

(f) the member has not already served six consecutive years on the Council; and

(g) the member is not a member of the Board of Directors of the Ontario Society of Chiropodists or the Ontario Podiatry Association. O. Reg. 829/93, s. 7 (1).

(2) A member who has been elected to Council and served two consecutive terms is not eligible to be re-elected until at least three years have passed since the member last served as a Council member. O. Reg. 829/93, s. 7 (2); O. Reg. 109/94, s. 2.

(3) A member is eligible for election to the Council in an electoral district in which a second call for nominations is sent under subsection 10 (3) if the member is resident in Ontario, is engaged in the practice of chiropody in Ontario, and satisfies the eligibility requirements set out in clauses (1) (b), (c), (d), (e), (f) and (g). O. Reg. 829/93, s. 7 (3).

Registrar to Supervise Nominations

8. The Registrar shall supervise the nomination of candidates. O. Reg. 829/93, s. 8.

Notice of Election and Nominations

9. No later than ninety days before the date of an election, the Registrar shall notify every member who is eligible to vote of the date, time and place of the election and of the nomination procedure. O. Reg. 829/93, s. 9.

Nomination Procedure

10. (1) The nomination of a candidate for election as a member of the Council shall be in writing and shall be given to the Registrar at least forty-five days before the date of the election. O. Reg. 829/93, s. 10 (1).

(2) The nomination shall be signed by the candidate and by at least three members who support the nomination and who are eligible to vote in the electoral district in which the election is to be held. O. Reg. 829/93, s. 10 (2).

(3) If no candidate is nominated for election in an electoral district, the Registrar shall postpone the date for the election in the district and shall send another call for nominations to every member who is eligible to vote. O. Reg. 829/93, s. 10 (3).

Acclamation

11. If the number of candidates nominated for an electoral district is less than or equal to the number of members to be elected in the electoral district, the Registrar shall declare the candidates to be elected by acclamation. O. Reg. 829/93, s. 11.

Registrar’s Electoral Duties

12. (1) The Registrar shall supervise and administer the election of candidates and, for the purpose of carrying out that duty the Registrar may, subject to this Regulation and the by-laws,

(a) appoint returning officers and scrutineers;

(b) establish procedures for the sending out of ballots;

(c) establish a deadline for the receiving of ballots;

(d) establish procedures for the marking, opening and counting of ballots;

(e) provide for the notification of all candidates and members of the results of the election; and

(f) provide for the destruction of ballots following an election. O. Reg. 829/93, s. 12 (1).

(2) No later than thirty days before the date of an election, the Registrar shall send to every member eligible to vote in an electoral district in which an election is to take place, a list of the candidates in the electoral district, a ballot and an explanation of the voting procedure as set out in the by-laws. O. Reg. 829/93, s. 12 (2).

(3) Voting for candidates for election shall be by secret ballot using the ballot forms supplied by the Registrar. O. Reg. 829/93, s. 12 (3).

(4) The Registrar shall declare the candidate or candidates who receive the largest number of votes to be elected. O. Reg. 829/93, s. 12 (4).

(5) Where there is an interruption of mail service during the nominations or election, the Registrar may extend the date of the nominations or the date of the election, or both, for as long as the Registrar considers necessary to compensate for the interruption. O. Reg. 829/93, s. 12 (5).

Number of Votes to be Cast

13. (1) A member may cast as many votes on a ballot in an election of members to the Council as there are members to be elected to the Council from the electoral district in which the member is eligible to vote. O. Reg. 829/93, s. 13 (1).

(2) A member shall not cast more than one vote for any one candidate. O. Reg. 829/93, s. 13 (2).

(3) A member may vote only for a candidate in the same class of members as the member. O. Reg. 829/93, s. 13 (3).

(4) A ballot that does not comply with subsection (1), (2) and (3) shall be deemed to be null and void. O. Reg. 829/93, s. 13 (4).

Counting Ballots

14. Candidates or their representatives may be present when the ballots are opened and counted. O. Reg. 829/93, s. 14.

Tie Votes

15. If there is a tie in an election of members to the Council, the Registrar shall break the tie, by lot. O. Reg. 829/93, s. 15.

Recounts

16. (1) A candidate may require a recount by giving a written request and depositing $150 with the Registrar no more than fifteen calendar days after the date of the election. O. Reg. 829/93, s. 16 (1).

(2) The Registrar shall hold the recount no more than ten days after receiving the request. O. Reg. 829/93, s. 16 (2).

(3) The portion of the $150 deposit remaining after paying the actual cost of the recount shall be refunded to the candidate but, if the recount changes the election result, the full amount of the deposit shall be paid to the candidate who paid the deposit. O. Reg. 829/93, s. 16 (3).

Disqualification of Elected Members

17. (1) The Council shall disqualify an elected member from sitting on the Council if the elected member,

(a) is found by a panel of the Discipline Committee to have committed an act of professional misconduct or to be incompetent;

(b) is found by a panel of the Fitness to Practise Committee to be an incapacitated member;

(c) is in default of payment of any prescribed fees;

(d) is the subject of any disciplinary or incapacity hearing;

(e) fails, without reasonable cause, to attend two consecutive meetings of the Council;

(f) fails, without reasonable cause, to attend two consecutive meetings of a committee of which he or she is a member;

(g) fails, without reasonable cause, to attend a hearing of a panel of a committee of which he or she is a member;

(h) ceases to either practise or reside in the electoral district for which the member was elected; or

(i) becomes a member of the Board of Directors of the Ontario Society of Chiropodists or Ontario Podiatry Association. O. Reg. 829/93, s. 17 (1).

(2) An elected member who is disqualified from sitting on the Council ceases to be a member of the Council. O. Reg. 829/93, s. 17 (2).

Filling of Vacancies

18. (1) If the seat of an elected Council member becomes vacant in an electoral district not more than twelve months before the expiry of the member’s term of office, the Council may,

(a) leave the seat vacant;

(b) appoint as an elected member the candidate, if any, who had the most votes of all the unsuccessful candidates in the last election of Council members for that electoral district; or

(c) direct the Registrar to hold an election in accordance with this Regulation for that electoral district. O. Reg. 829/93, s. 18 (1).

(2) If the seat of an elected Council member becomes vacant in an electoral district more than twelve months before the expiry of the member’s term of office, the Council shall direct the Registrar to hold an election for that electoral district in accordance with this Regulation. O. Reg. 829/93, s. 18 (2).

(3) The term of a member appointed under clause (1) (b) or elected in an election under clause (1) (c) or subsection (2) shall continue until the time the former member’s term would have expired. O. Reg. 829/93, s. 18 (3).

Review of an Election

19. Where the Council is of the opinion that there is doubt or dispute as to the validity of the election of any member of the Council, the Council shall review the election and shall decide whether the election of the member is valid and, if an election is found to be invalid, shall order a new election. O. Reg. 829/93, s. 19.

Academic Council Members

20. (1) Two academic members shall be selected for the Council by the faculty of the Ontario Chiropody Program. O. Reg. 829/93, s. 20 (1).

(2) A member is eligible for selection as an academic member of the Council if, on the date of selection,

(a) the person holds a full-time appointment in the faculty of the Ontario Chiropody Program;

(b) the member is not in default of payment of any prescribed fees;

(c) the member is not the subject of any disciplinary or incapacity proceeding;

(d) the member’s certificate of registration has not been revoked or suspended in the six years preceding the date of the selection as a result of a professional misconduct, incompetence or incapacity proceeding;

(e) the member’s certificate of registration is not subject to a term, condition or limitation arising from a professional misconduct, incompetence or incapacity proceeding;

(f) the member has not served more than six years on the Council;

(g) the member is not a member of the Board of Directors of the Ontario Society of Chiropodists or the Ontario Podiatry Association. O. Reg. 829/93, s. 20 (2).

(3) The term of office of an academic member shall be three years and it commences with the first regular meeting of the Council after the election. O. Reg. 829/93, s. 20 (3).

(4) An academic member who has been selected to Council and served three consecutive terms is not eligible to be re-selected until at least three years have passed since the academic member last served as a Council member. O. Reg. 829/93, s. 20 (4).

(5) An academic member of the Council shall not be reselected if he or she was previously disqualified by the Council. O. Reg. 829/93, s. 20 (5).

Disqualification

21. The Council shall disqualify a selected academic member from sitting on the Council if the member,

(a) ceases to be eligible to be selected to Council;

(b) is found by a panel of the Discipline Committee to have committed an act of professional misconduct or to be incompetent;

(c) is found by a panel of the Fitness to Practise Committee to be an incapacitated member;

(d) is in default of payment of fees prescribed by the regulations under the Act;

(e) is the subject of any disciplinary or incapacity proceeding;

(f) fails, without reasonable cause, to attend two consecutive meetings of the Council;

(g) fails, without reasonable cause, to attend two consecutive meetings of a committee of which he or she is a member;

(h) fails, without reasonable cause, to attend a hearing of a panel of a committee of which he or she is a member; or

(i) becomes a member of the Board of Directors of the Ontario Society of Chiropodists or the Ontario Podiatry Association. O. Reg. 829/93, s. 21.

22. An academic member who is disqualified from sitting on the Council ceases to be a member of the Council. O. Reg. 829/93, s. 22.

23. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 829/93, s. 23.