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O. Reg. 250/97: REPRESENTATION ON DISTRICT SCHOOL BOARDS - 1997 REGULAR ELECTION

under Education Act, R.S.O. 1990, c. E.2

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revoked or spent June 30, 2000

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Education Act

ONTARIO REGULATION 250/97

Amended to O. Reg. 412/00

REPRESENTATION ON DISTRICT SCHOOL BOARDS — 1997 REGULAR ELECTION

Note: This Regulation was revoked on June 30, 2000. See: O. Reg. 412/00, s. 27.

This is the English version of a bilingual regulation.

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 the Schedule; (“territoire du conseil”)

“Commission” means the Education Improvement Commission established under section 334 of the Act; (“Commission”)

“committee” means an education improvement committee referred to in clause 335 (3) (l) of the Act; (“comité”)

“density” means the quotient obtained by dividing the population of the relevant electoral group by the board area; (“densité”)

“density member position” means a board position determined by the application of Tables 2 and 3, but not Table 1; (“poste de membre lié à la densité”)

“election” means the regular election to be held in 1997 referred to in subsection 4 (1) of the Municipal Elections Act, 1996; (élection)

“electoral group” means a public school English-language electoral group, a separate school English-language electoral group, a public school French-language electoral group or a separate school French-language electoral group; (“groupe électoral”)

“existing board” has the same meaning as “board” in subsection 1 (1) of the Act but does not include a school authority; (“conseil existant”)

“high density board” means a board that has,

(a) eight members or less, of whom not more than one occupies a density member position, or

(b) nine or more members, of whom not more than two occupy density member positions; (“conseil d’un territoire à forte densité”)

“low density board” means a board that is not a high density board; (“conseil d’un territoire à faible densité”)

“population member position” means a board position determined by the application of Table 1, but not Tables 2 and 3; (“poste de membre lié à la population”)

“start date” means the latest of,

(a) the date on which this Regulation is filed,

(b) the date on which the clerk of the municipality in the area of jurisdiction of the board that has the largest population of the relevant electoral group receives the results of a determination of population under subsection 2 (4) or (5),

(c) the date on which the supervisory officer receives the last direction under subsection 2 (7) or (8), and

(d) the date on which the supervisory officer receives the last estimate of results under subsection 2 (9); (“date de commencement”)

“supervisory officer” means the person referred to in subsection 4 (5); (“agent de supervision”)

“ward” does not include a ward of a regional or district municipality. (“quartier”)

(2)A reference in this Regulation, other than in clause 6 (3) (e), to a municipality or ward shall be deemed to be a reference to the part of a municipality or ward that is within the area of jurisdiction of the board. O. Reg. 250/97, s. 1 (1, 2).

(3)A reference in this Regulation to the clerk shall be deemed to be a reference to,

(a) if the clerk is the clerk of a municipality in respect of which an order has been implemented under section 25.2 or 25.3 of the Municipal Act and the order assigns responsibility for conducting the election in the municipality to a person other than the clerk, that other person;

(b) if the clerk is the clerk of an area municipality in The Municipality of Metropolitan Toronto, the person designated under paragraph 2 of section 23 of the City of Toronto Act, 1997. O. Reg. 279/97, s. 1.

(4)For the purposes of this Regulation,

(a) the relevant electoral group for an English-language public district school board is the group of persons who are members of a public school English-language electoral group and who reside in the area of jurisdiction of the English-language public district school board;

(b) the relevant electoral group for an English-language separate district school board is the group of persons who are members of a separate school English-language electoral group and who reside in the area of jurisdiction of the English-language separate district school board;

(c) the relevant electoral group for a French-language public district school board is the group of persons who are members of a public school French-language electoral group and who reside in the area of jurisdiction of the French-language public district school board; and

(d) the relevant electoral group for a French-language separate district school board is the group of persons who are members of a separate school French-language electoral group and who reside in the area of jurisdiction of the French-language separate district school board.

(5)In this section,

“public school English-language electoral group”, “separate school English-language electoral group”, “public school French-language electoral group” and “separate school French-language electoral group” have the same meaning as in Part VIII of the Education Act as it read on January 1, 1997. (“groupe électoral de langue anglaise des écoles publiques”, “groupe électoral de langue anglaise des écoles séparées”, “groupe électoral de langue française des écoles publiques”, “groupe électoral de langue française des écoles séparées”) O. Reg. 250/97, s. 1 (4, 5).

Population Data

2.(1)The assessment commissioner shall provide to the Commission the results of the determination of population provided to the secretary of each existing board and the clerk of each municipality under subsections 230 (6) and 329 (3) of the Act.

(2)The secretary of each existing board shall provide the results to the members of the committee.

(3)If a municipality or ward that is to be used for the election is composed of a part of one or more municipalities or wards in respect of which results were provided under subsections 230 (6) and 329 (3) of the Act, the assessment commissioner shall determine the populations of the relevant electoral groups of the municipality or ward.

(4)As soon as possible, the assessment commissioner shall provide the results of the determination under subsection (3) to,

(a) the Commission;

(b) the secretary of each existing board whose members are elected by members of an electoral group that is part of the relevant electoral group; and

(c) the clerk of each municipality in the area of jurisdiction of the board that is also in the area of jurisdiction of the assessment commissioner.

(5)On receipt of the results, the Commission shall provide them to the clerk of each municipality in the area of jurisdiction of the board who has not received them from the assessment commissioner.

(6)If the assessment commissioner does not provide the results within seven days after the date of filing of this Regulation, he or she shall notify the Commission of the municipalities and wards for which the results have not been provided.

(7)If results have not been provided for two or more adjacent municipalities or wards in the area of jurisdiction of a board, the Commission may, on receipt of the notice, direct that,

(a) the clerks referred to in subsection 5 (1) include those municipalities or wards wholly within a geographic area identified under rule 2 of subsection 8 (5) in the case of a high density board with no low population areas;

(b) the committee include those municipalities or wards wholly within the low population area or wholly outside of it and the clerks include them wholly within a geographic area identified under rule 5 or rule 7 of subsection 8 (6), as the case may be, in the case of a high density board with one or more low population areas; or

(c) the committee include those municipalities or wards wholly within a geographic area identified under rule 3 of subsection 9 (2) in the case of a low density board.

(8)The Commission may, if it considers it appropriate to do so, make a direction before receiving the notice from the assessment commissioner.

(9)Ifthe Commission gives no direction under subsection (7) or (8), it shall estimate the results for the municipalities or wards referred to in subsection (3).

(10)The Commission shall give any direction or estimate within 14 days after the date of filing of this Regulation.

(11)The Commission shall provide the supervisory officer with any direction or estimate, who shall provide a copy of it to the clerks referred to in subsection 5 (1) and to the committee at the beginning of the meeting convened under that subsection.

(12)The clerks and the committee shall comply with any direction or use any estimate in respect of municipalities and wards referred to in subsection (3) instead of the results provided under subsections 230 (6) and 329 (3) of the Act. O. Reg. 250/97, s. 2.

3.If a municipality or ward that is to be used for the election is composed of a part of one or more of the municipalities or wards in respect of which results were provided under subsections 230 (6) and 329 (3) of the Act and the boundaries of the municipality or ward are established for the purpose of electing members to boards more than seven days after the date of filing of this Regulation, the municipalities and wards that existed on January 1, 1997 shall be deemed to exist for purposes of the election, and this Regulation and other applicable law shall apply to such municipalities and wards as if their boundaries had not changed since January 1, 1997. O. Reg. 250/97, s. 3.

Identification of Municipalities by Supervisory Officer and Meeting

4.(1)A supervisory officer shall identify the three municipalities within the area of jurisdiction of the board that have successively the largest populations of the relevant electoral group.

(2)Subject to subsections (3) and (4), the identification shall be based on the results provided under subsections 230 (6) and 329 (3) of the Act or on any results or estimate under section 2. O. Reg. 250/97, s. 4 (1, 2).

(3)The identification shall not be based on the results or estimate under section 2 if the municipality or ward to be used for the election does not exist at the time the identification is made unless an order has been implemented under section 25.2 or 25.3 of the Municipal Act making a person responsible for conducting the election in the municipality or unless the election in the municipality will be conducted by the person designated under paragraph 2 of section 23 of the City of Toronto Act, 1997. O. Reg. 279/97, s. 2.

(4)If two or more English-language public district school boards, English-language separate district school boards, French-language public district school boards or French-language separate district school boards have jurisdiction in the same municipality and the boundary between them is also a boundary between wards in the municipality, the identification shall be based on the sum of the results for the relevant electoral group in the wards of the municipality in the area of jurisdiction of the board.

(5)The supervisory officer is,

(a) for English-language public district school boards, the appropriate English-language supervisory officer of the board of education, other than a board of education that operates only French-language instructional units, that has jurisdiction in the municipality in the area of jurisdiction of the board having the largest population of the relevant electoral group;

(b) for English-language separate district school boards, the appropriate English-language supervisory officer of the county or district combined separate school board, other than a county combined separate school board that operates only French-language instructional units, that has jurisdiction in the municipality in the area of jurisdiction of the board having the largest population of the relevant electoral group;

(c) for French-language public district school boards, the appropriate French-language supervisory officer of the board of education, other than a board of education that may not operate a school or class under Part XII of the Act, that has jurisdiction in the municipality in the area of jurisdiction of the board having the largest population of the relevant electoral group;

(d) for French-language separate district school boards, the appropriate French-language supervisory officer of the county or district combined separate school board, other than a county combined separate school board that may not operate a school or class under Part XII of the Act, that has jurisdiction in the municipality in the area of jurisdiction of the board having the largest population of the relevant electoral group. O. Reg. 250/97, s. 4 (4, 5).

5.(1)The supervisory officer shall take all necessary steps to convene a meeting of the clerks of the three municipalities within the area of jurisdiction of the board that have successively the largest populations of the relevant electoral group.

(2)The Commission shall establish one committee for each board.

(3)As soon as possible after the start date, the Commission shall provide, in writing, the names and addresses of the members of the committee to,

(a) the clerks referred to in subsection (1);

(b) the secretary of each existing board whose members are elected by members of an electoral group that is part of the relevant electoral group; and

(c) the supervisory officer.

(4)On receipt of the names and addresses of the committee members, the supervisory officer shall give at least two days notice of the time and place of the meeting to the members of the committee, who may attend the meeting.

(5)If the supervisory officer does not receive the names and addresses of all of the committee members within three days after the start date, the Commission,

(a) has the powers and duties of the committee under this Regulation until the supervisory officer receives all the names and addresses; and

(b) may appoint a representative to exercise any powers and duties of the Commission under clause (a) and to attend the meeting on its behalf.

(6)The supervisory officer shall give at least two days notice of the time and place of the meeting to any other clerk who is the clerk of a municipality that is divided into wards situated within the area of jurisdiction of the board.

(7)The supervisory officer shall convene the meeting within 10 days after the start date. O. Reg. 250/97, s. 5.

Determination And Distribution of Board Members

6.(1)At the meeting, the clerks shall,

(a) determine the population of the relevant electoral group, the board area and its density; and

(b) determine the number of members of the board in accordance with section 7.

(2)Subject to subsection (3), a determination of the number of members of the board under section 7 and a distribution of members under section 8 or 9 shall be based on the results provided to the clerks by the assessment commissioner under subsections 230 (6) and 329 (3) of the Act.

(3)If the results provided to the clerks by the assessment commissioner are for municipalities or wards that are not to be used for purposes of the election,

(a) the result for a municipality that has the same boundaries as a ward that is to be used for the election is the result for the ward;

(b) if a municipality or ward that is to be used for the election is composed of not less than all of one or more of the municipalities or wards in respect of which results were provided under subsections 230 (6) and 329 (3) of the Act, the result for the municipality or ward is the sum of the results for the relevant electoral group for each of the municipalities and wards of which the municipality or ward is composed;

(c) if a municipality or ward that is to be used for the election is composed of a part of one or more of the municipalities or wards in respect of which results were provided under subsections 230 (6) and 329 (3) of the Act, the result for the municipality or ward is the result or estimate provided under section 2;

(d) the result for a group of adjacent municipalities and wards in respect of which a direction has been given is the sum of the results for the relevant electoral group for each of the municipalities and wards; and

(e) if a municipality or ward that is to be used for the election is composed of one or more municipalities or wards in respect of which results were provided under subsections 230 (6) and 329 (3) of the Act and territory outside the area of jurisdiction of the board, those results are the result for the part of the municipality or ward within the area of jurisdiction of the board. O. Reg. 250/97, s. 6.

Determination of Number of Board Members

7.(1)Subject to an addition of members pursuant to regulations made under subclause 327 (3) (d) (vi) or (vii) of the Act, the number of members for a board shall be determined by applying the following rules in order, beginning with rule 1:

1. Subject to rules 2 and 3, a board shall have the number of members set out in Column 2 of Table 1 opposite the population of the relevant electoral group for the board set out in Column 1 of that Table.

2. Subject to rule 3, and in addition to the number of members determined under rule 1, a board shall have the number of members set out in Column 2 of Table 2 opposite the density for the board set out in Column 1 of that Table.

3. The number of additional members that a board shall have as a result of the application of rule 2 shall not exceed the number set out in Column 2 of Table 3 opposite the board area set out in Column 1 of that Table.

(2)Forthe purpose of rule 2 of subsection (1), the calculation of density shall be correct to two decimal places, with the number 0.005 being raised to 0.01. O. Reg. 250/97, s. 7.

Distribution of Members of High Density Boards

8.(1)Adistribution of the members of a board determined to be a high density board under section 7 shall be made, in accordance with the rules set out in this section, in respect of the geographic areas identified under rule 2 of subsection (5) and rules 5 and 7 of subsection (6).

(2)The committee shall,

(a) identify the municipalities or wards, if any, that are low population areas, and

(b) if low population areas are identified, determine the low population factor, which shall be,

(i) in the case of a high density board with not more than one density member position, a number greater than zero but less than or equal to one, and

(ii) in the case of a high density board with not more than two density members positions, a number greater than zero but less than or equal to two.

(3)In carrying out its duties under subsection (2), the committee shall have regard to the following principles:

1. Municipalities and wards with a low population of the relevant electoral group should receive reasonable representation.

2. Evidence of historic, traditional or geographic communities within the relevant electoral group should be taken into account.

3. To the extent possible, the identification of low population municipalities and wards 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.

(4)On any vote taken by the members of the committee in respect of an identification or determination under subsection (2) that results in a tie, the clerks shall break the tie by majority vote.

(5)If no low population areas are identified under clause (2) (a), the clerks shall distribute the members of the board by applying the following rules in order, beginning with rule 1:

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

*****EQUATION*****

where

a

=

the population of the relevant electoral group that is resident in the municipality or ward,

 

b

=

the total number of members on the board,

 

c

=

the total population of the relevant electoral group.

2. Identify,

i. one or more municipalities,

ii. one or more wards in a municipality, or

iii. any combination of municipalities and wards

that shall form geographic areas in which the sum of the electoral quotients of the municipalities or wards is, as nearly as practicable, an integer.

3. The number of members for a geographic area in a high density board with no low population areas shall be, as nearly as practicable, the sum of the electoral quotients of the municipalities or wards that form the geographic area.

(6)If one or more low population areas are identified under clause (2) (a), the clerks shall distribute the members of the board by applying the following rules in order, beginning with rule 1:

1. Place the municipalities and wards in two groups, one of which shall be comprised of the low population areas and one of which shall be comprised of the remaining municipalities and wards.

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

*****EQUATION*****

where

a

=

the population of the relevant electoral group that is resident in the municipality or ward,

 

b

=

the total number of population member positions on the board,

 

c

=

the total number of density member positions on the board,

 

d

=

the low population factor,

 

e

=

the total population of the relevant electoral group.

3. Add the low population factor to the sum of the electoral quotients of the low population areas.

4. Calculate an electoral quotient for each municipality and ward in the low population area using the following formula:

*****EQUATION*****

where

a

=

the population of the relevant electoral group that is resident in the municipality or ward,

 

b

=

the number calculated under rule 3,

 

c

=

the total population of the relevant electoral group that is resident in the low population areas.

5. Among the low population areas, identify,

i. one or more municipalities,

ii. one or more wards in a municipality, or

iii. any combination of municipalities and wards,

that shall form geographic areas in which the sum of the electoral quotients calculated under rule 4 of the municipalities or wards is, as nearly as practicable, an integer.

6. The number of members for a geographic area in a low population area in a high density board shall be, as nearly as practicable, the sum of the electoral quotients calculated under rule 4 of the municipalities or wards that form the geographic area.

7. Among the municipalities and wards that are not low population areas, identify,

i. one or more municipalities,

ii. one or more wards in a municipality, or

iii. any combination of municipalities and wards,

that shall form geographic areas in which the sum of the electoral quotients calculated under rule 2 of the municipalities or wards is, as nearly as practicable, an integer.

8. The number of members for a geographic area in a high density board that is not in a low population area shall be, as nearly as practicable, the sum of the electoral quotients calculated under rule 2 of the municipalities or wards that form the geographic area.

(7)If another clerk is the clerk of a municipality that is divided into wards situated within the area of jurisdiction of the board, he or she may make recommendations to the clerks or to the committee in respect of the distribution to be made to wards in his or her municipality. O. Reg. 250/97, s. 8.

Distribution of Members of Low Density Boards

9.(1)A distribution of the members of a board determined to be a low density board under section 7 shall be made, in accordance with the rules set out in subsection (2), in respect of the geographic areas identified under rule 3 of that subsection.

(2)Themembers of a low density board shall be distributed by applying the following rules in order, beginning with rule 1:

1. Adjust the number of population member positions and the number of density member positions so that the population member positions form at least a simple majority of the member positions determined under section 7.

2. Calculate the electoral quotient for the population member positions for each municipality and ward using the following formula:

*****EQUATION*****

where

a

=

the population of the relevant electoral group that is resident in the municipality or ward,

 

b

=

the total number of population member positions for the board as adjusted under rule 1,

 

c

=

the total population of the relevant electoral group.

3. Identify geographic areas composed of,

i. one or more municipalities,

ii. one or more wards in a municipality, or

iii. any combination of municipalities and wards.

4. Add a number to the sum of the electoral quotients for each geographic area such that the total of the numbers added equals the number of density member positions as adjusted under rule 1.

5. The number of members for a geographic area in a low density board shall be, as nearly as practicable, the sum determined under rule 4.

(3)The clerks shall carry out all the actions required by rules 1, 2 and 5 of subsection (2).

(4)The committee shall carry out all the actions required by rules 3 and 4 of subsection (2), having regard to the following principles:

1. Municipalities and wards with a low population of the relevant electoral group should receive reasonable representation.

2. Evidence of historic, traditional or geographic communities within the relevant electoral group should be taken into account.

3. To the extent possible, geographic areas to which member positions are distributed should coincide with school communities.

4. Representation should not deviate unduly from the principle of representation by population.

(5)Despite subsection (4), on any vote taken by the members of the committee in respect of the application of rules 3 and 4 of subsection (2) that results in a tie, the clerks shall break the tie by majority vote.

(6)Any other clerk who is the clerk of a municipality that is divided into wards situated within the area of jurisdiction of the board may make recommendations to the committee in respect of the distribution of members to be made to wards in his or her municipality. O. Reg. 250/97, s. 9.

10.A committee whose powers and duties have been exercised by the Commission or its representative under subsection 5 (5) shall adopt or vary the actions taken by the Commission or its representative in the exercise of those powers and duties before taking any actions on its own behalf under this Regulation. O. Reg. 250/97, s. 10.

11.(1)On completion of the determination and distribution of members of the board, the clerks shall prepare a report consisting of,

(a) the results of the determination and distribution;

(b) a copy of any direction received under subsection 2 (7) or (8); and

(c) a copy of the data and calculations by which the determination and the distribution were made, including a copy of any estimate received under subsection 2 (9).

(2)The clerks shall provide a copy of the report to the committee.

(3)The committee shall review the report and submit its comments in writing to the clerks within three days after receiving the report.

(4)After considering the comments, the clerks shall confirm or vary their original determination or distribution.

(5)The clerks shall confirm their original determination and distribution if no comments are received within the allotted time.

(6)Within 28 days after the start date, the clerk of the municipality having the largest population of the relevant electoral group shall send the supervisory officer a copy of,

(a) the final results of the determination and distribution;

(b) any direction received under subsection 2 (7) or (8); and

(c) the data and calculations by which the final determination and distribution were made, including a copy of any estimate received under subsection 2 (9).

(7)On receipt of the material referred to in subsection (6), the supervisory officer shall send a copy of the material to the Minister, the secretary of each existing board whose members are elected by members of an electoral group that is part of the relevant electoral group and the clerks of all municipalities within the area of jurisdiction of the board.

(8)The supervisory officer shall send the material referred to in subsection (7) no later than 30 days after the start date. O. Reg. 250/97, s. 11.

Appeals

12.(1)A committee and a minority-language section, within the meaning of Part XIII of the Act, of an existing board may, in the name of their members, be a party to an appeal under this section.

(2)Subject to subsection (3), the committee, a council of a municipality in the area of jurisdiction of a board and an existing board in respect of representation of members of the relevant electoral group on a board for territory without municipal organization in its area of jurisdiction may appeal to the Commission the application of,

(a) all of the rules in subsection 8 (5);

(b) all of the rules in subsection 8 (6); or

(c) rules 1, 2 and 5 of subsection 9 (2).

(3)Anappeal on a distribution under subsection (2) may only be made if the distribution 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.

(4)A council of a municipality in the area of jurisdiction of a board, an existing board whose members are elected by members of an electoral group that is part of the relevant electoral group and a minority-language section, within the meaning of Part XIII of the Act, of such an existing board may appeal to the Commission the application of,

(a) subsection 8 (2); or

(b) rules 3 and 4 of subsection 9 (2). O. Reg. 250/97, s. 12 (1-4).

(4.1)Despite subsections (2) and (4), an existing board that represents the interests of both public and separate school supporters may not appeal the distribution of member positions on an English-language separate district school board or a French-language separate district school board. O. Reg. 279/97, s. 3.

(5)Anappellant under this section shall provide notice of the appeal to the supervisory officer.

(6)Onreceipt of the notice of appeal, the supervisory officer shall send a copy of it to the clerk of each municipality in the area of jurisdiction of the board.

(7)Anappeal shall be commenced within 10 days after the receipt of the copies referred to in subsection 11 (7), failing which the board shall be deemed to be properly constituted despite any defect in the distribution of members.

(8)The Commission shall dispose of the appeal within 14 days after the date on which it is commenced.

(9)The Commission may confirm or vary the distribution that is the subject of the appeal.

(10)The Commission’s decision on the appeal is final.

(11)The Commission shall provide written notice of its decision to the supervisory officer who is responsible for providing a copy of the notice to the clerks of each municipality within the area of jurisdiction of the board and to the secretary of each existing board referred to in subsection 11 (3) of the Municipal Elections Act, 1996. O. Reg. 250/97, s. 12 (5-11).

Nominations of Candidates for Board Elections

13.(1)If a geographic area is composed of all or part of two or more municipalities, the nominations shall be submitted to the clerk of the municipality having the largest population of the relevant electoral group resident in the geographic area. O. Reg. 250/97, s. 13 (1).

(2)The clerk who conducts the nominations shall send, by registered mail as soon as possible after the closing of nominations, to the clerk of each municipality that is included in the geographic area, the names of the candidates who have qualified. O. Reg. 250/97, s. 13 (2); O. Reg. 279/97, s. 4 (1).

(2.1)If the distance between the residence of a person seeking nomination and the office for submission of nominations is greater than 100 kilometres, the clerk referred to in subsection (1) shall delegate such of his or her powers as may be necessary to the clerk of the municipality in which the person resides to permit the person or the person’s agent to file the nomination at the latter clerk’s office. O. Reg. 279/97, s. 4 (2).

(3)The clerk of a municipality is responsible for conducting the election in the municipality.

(4)The clerk of a municipality shall report the vote recorded to the clerk to whom nominations were submitted under subsection (1), who shall prepare the final summary and announce the result of the vote. O. Reg. 250/97, s. 13 (3, 4).

(4.1)The clerk referred to in subsection (1) shall forward the results of the vote and the names of the candidates who have been elected to the supervisory officer, who shall forward them to the Commission. O. Reg. 279/97, s. 4 (2).

(5)In this section,

“municipality” includes territory without municipal organization that is deemed to be a district municipality under section 15. O. Reg. 250/97, s. 13 (5).

14.(1)The secretary of an existing board who receives extracts of the preliminary list of electors based on school support shall, on request, provide a copy of the extracts to any candidate for office on a board for which members of an electoral group of the existing board may vote.

(2)The Commission may exercise the powers of a board for purposes of clause 57 (1) (b) of the Municipal Elections Act, 1996 if, within 20 days after the clerk’s declaration of the results of the election, the committee for the board requires that a recount under that clause be held. O. Reg. 250/97, s. 14.

Territory Without Municipal Organization

15.(1)Each part of territory without municipal organization that is within the area of jurisdiction of an English-language public district school board and, under the Act, is deemed to be a district municipality for purposes of elections to a divisional board, is deemed to be a district municipality for purposes of the election of members to the English-language public district school board.

(2)Each part of territory without municipal organization that is within the area of jurisdiction of an English-language separate district school board and, under the Act, is deemed to be a district municipality for purposes of elections to a county or district combined separate school board, is deemed to be a district municipality for purposes of the election of members to the English-language separate district school board.

(3)Each part of territory without municipal organization that is within the area of jurisdiction of a French-language public district school board and, under the Act, is deemed to be a district municipality for purposes of elections to a divisional board, is deemed to be a district municipality for purposes of the election of members to the French-language public district school board.

(4)Each part of territory without municipal organization that is within the area of jurisdiction of a French-language separate district school board and, under the Act, is deemed to be a district municipality for purposes of elections to a county or district combined separate school board, is deemed to be a district municipality for purposes of the election of members to the French-language separate district school board.

(5)Each part of territory without municipal organization that is within the area of jurisdiction of an English-language public district school board and that, by a regulation made under the Act, is attached to a district municipality for purposes of elections to a divisional board, is deemed to be attached to the same district municipality for purposes of the election of members to the English-language public district school board.

(6)Each part of territory without municipal organization which is within the area of jurisdiction of a French-language public district school board and that, by a regulation made under the Act, is attached to a district municipality for purposes of elections to a divisional board,

is deemed to be attached to the same district municipality for purposes of the election of members to the French-language public district school board. O. Reg. 250/97, s. 15.

(7)The secretary of an existing board, who was deemed for purposes of the 1994 regular election to be the clerk for trustee distribution purposes for a part of territory without municipal organization that is deemed to be a district municipality under subsections (1) to (4), shall be the clerk in such part for the purposes of this Regulation. O. Reg. 279/97, s. 5; O. Reg. 396/97, s. 1 (1).

(8)Except as otherwise provided in this Regulation, the secretary of each existing board referred to in subsections (1) to (4) is responsible for conducting the election of members to district school boards from parts of territory without municipal organization deemed under the Act to be a district municipality for the purposes of the existing board and in each case, for the purposes of the election of members to a district school board, the Municipal Elections Act, 1996 applies as if the secretary were the clerk, the existing board were the council of a local municipality and the deemed district municipality were the geographic area of a local municipality.

(9)Except as otherwise provided in this Regulation, for the purposes of the election, officers appointed by an existing board have the same powers and duties with respect to the election of members to a district school board from parts of territory without municipal organization deemed under the Act to be a district municipality for the purposes of the existing board as those officers are given under sections 54 and 103 of the Act with respect to the election of members of the existing board from those parts.

(10)Expenses incurred by an existing board in connection with the election of members to a district school board from parts of territory without municipal organization deemed under the Act to be a district municipality for the purposes of the existing board shall, for the purposes of sections 54 and 103 of the Act, be deemed to be expenses incurred in connection with election of members of the existing board from those parts. O Reg. 396/97, s 1 (2).

Miscellaneous

16.(1)A by-law of a municipality made under the authority of subsection 230 (25) of the Act does not apply to the election.

(2)A by-law of a municipality or a local board under section 220.1 of the Municipal Act does not apply to a board or an existing board in respect of any service, activity, cost or use of property relating to the election of members of boards in the election. O. Reg. 250/97, s. 16.

17.A clerk of a municipality may delegate any of his or her powers and duties under this Regulation to election officials of another municipality, including territory without municipal organization deemed to be a district municipality under section 15. O. Reg. 250/97, s. 17.

Transitional Matters

18.(1)In this section and in sections 19, 20 and 21,

“new office” means the office of member of a district school board; «nouveau poste»

“old office” means an office on an existing board. «ancien poste»

(2)A new office and an old office correspond if the relevant electoral group for the new office includes all or part of the electoral group for the old office. O. Reg. 279/97, s. 6.

19.(1)The clerk shall send to every candidate for an old office at the election a notice,

(a) advising of the candidate’s right to file a nomination for a new office;

(b) explaining the candidate’s options under section 20.

(2)The notice shall be sent by registered mail or delivered personally on or before August 30, 1997. O. Reg. 279/97, s. 6.

20.(1)The rules set out in subsection (2) apply to a candidate for an old office who files a nomination for a corresponding new office on or before September 13, 1997.

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

1. The nomination filing fee paid with respect to the nomination for the old office shall be deemed to have been paid with respect to the nomination for the new office.

2. The campaign for the old office shall be deemed to form part of the campaign for the new office.

3. The campaign for the new office shall be deemed to have begun on the day the candidate was nominated for the old office and not as provided in section 68 of the Municipal Elections Act, 1996.

(3)The rules set out in subsection (4) apply to a candidate for an old office who does not file a nomination for a corresponding new office as described in subsection (1).

(4)The rules referred to in subsection (3) are:

1. The candidate’s election campaign period ends on the day that is 60 days after the date of publication of this Regulation in The Ontario Gazette.

2. The nomination for the old office shall be deemed to have been withdrawn on the day referred to in paragraph 1.

(5)Subsections (3) and (4) do not apply to a candidate who actually withdraws the nomination. O. Reg. 279/97, s. 6.

21.A candidate for a new office is entitled,

(a) to carry forward, for the purposes of clause 79 (3) (b) of the Municipal Elections Act, 1996, any deficit accumulated in a campaign for a corresponding old office in the 1994 regular election or in an intervening by-election;

(b) receive payment, under subsection 79 (8) of the Municipal Elections Act, 1996, of any surplus accumulated in such a campaign. O. Reg. 279/97, s. 6.

22.(1)Subsection 37 (3) of the Municipal Elections Act, 1996 shall be read without reference,

(a) to the words “among the members representing an electoral group” in the part of the subsection before paragraph 1; and

(b) to the words “for the electoral group” in the third line of paragraphs 1 and 2.

(2)Subsection 38 (1) of the Municipal Elections Act, 1996 shall be read without reference,

(a) to the words “to represent the electoral group” in the third and fourth lines; and

(b) to the words “of the members representing the electoral group” in the fifth and sixth lines.

(3)Clause 38 (2) (a) of the Municipal Elections Act, 1996 shall be read without reference to the words “representing the electoral group”.

(4)An application for a compliance audit referred to in subsection 81 (1) of the Municipal Elections Act, 1996 made before January 1, 1998 shall be made to the Commission.

(5)On receiving an application referred to in subsection (4), the Commission shall, as soon as practicable, refer it to the board to which the candidate sought election, and the 30-day period provided in subsection 81 (3) of the Municipal Elections Act, 1996 for a decision on the application runs from the day the board receives the application.

(6)Prior to January 1, 1998, for the purposes of subsection 84 (5) of the Municipal Elections Act, 1996, a clerk who receives a disclaimer shall send it to the Commission and not to the secretary of the local board. O. Reg. 279/97, s. 6

SCHEDULE

Board
Number

Area of Board in square
kilometres

      01

24,283

      02

9,151

      03

11,584

      04

15,998

      05A

4,682

      05B

10,054

      06A

4,919

      06B

16,987

      07

8,673

      08

5,599

      09

1,887

      10

5,542

      11

7,174

      12

631

      13

1,868

      14

6,706

      15

11,756

      16

1,787

      17

4,943

      18

4,178

      19

1,246

      20

951

      21

1,137

      22

1,868

      23

4,108

      24

1,404

      25

2,894

      26

12,165

      27

7,199

      28

8,042

      29

7,221

      30A

24,283

      30B

11,653

      31

8,739

      32

7,432

      33A

11,008

      33B

731

      34A

4,919

      34B

17,261

      35

8,673

      36

5,599

      37

1,887

      38

7,174

      39

5,542

      40

631

      41

9,804

      42

1,787

      43

2,736

      44

8,735

      45

1,868

      46

951

      47

1,136

      48

2,691

      49

1,404

      50

1,868

      51

4,108

      52

12,165

      53

2,894

      54

8,042

      55

15,357

      56

44,428

      57

57,206

      58

67,473

      59

37,514

      60A

24,283

      60B

10,520

      61

16,189

      62

34,133

      63

28,819

      64

37,751

      65

5,421

      66

33,042

O. Reg. 250/97, Sched.; O. Reg. 279/97, s. 7.

TABLE 1

MEMBER DETERMINATION BY ELECTORAL POPULATION

Column 1

Column 2

Total Population of the Relevant Electoral Group

Total Number
of Members

Less than 30,000 persons

5

30,000 up to 44,999

6

45,000 up to 59,999

7

60,000 up to 99,999

8

100,000 up to 149,999

9

150,000 up to 249,999

10

250,000 up to 399,999

11

400,000 up to 999,999

12

1,000,000 up to 1,499,999

17

1,500,000 and over

22

O. Reg. 250/97, Table 1.

TABLE 2

MEMBER DETERMINATION BY POPULATION DENSITY

Column 1

Column 2

Density of the
Board

Number of Additional Density-Based Members

Less than 1.0

7

From 1.0 up to but not including 1.25


6

From 1.25 up to but not including 1.5


5

From 1.5 up to but not including 2.0


4

From 2.0 up to but not including 3.0


3

From 3.0 up to but not including 4.0


1

O. Reg. 250/97, Table 2.

TABLE 3

AREA FACTOR ADJUSTMENT (DENSITY FACTOR ADJUSTED BY A BOARD’S AREA)

Column 1

Column 2

Area of the
Board

Maximum Number of Additional Density-Based Members

    40,000 square kilometres or more

the lesser of 7 and the difference between 12 and the number of population member positions

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



6

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



3

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



1

Less than 8,000 square kilometres


0

O. Reg. 250/97, Table 3; O. Reg. 279/97, s. 8.

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