O. Reg. 157/07: GENERAL

 

ontario regulation 157/07

made under the

Professional Engineers Act

Made: January 19, 2007
Approved: April 18, 2007
Filed: April 20, 2007
Published on e-Laws: April 23, 2007
Printed in The Ontario Gazette: May 5, 2007

Amending Reg. 941 of R.R.O. 1990

(General)

1. Section 7 of Regulation 941 of the Revised Regulations of Ontario, 1990 is revoked.

2. Section 11 of the Regulation is revoked and the following substituted:

11. The Council shall determine in each year whether the voting for the election of members to the Council for that year shall be by ballot cast by mail, by electronic means or by either mail or electronic means.

11.1 The Council shall appoint in each year a Chief Elections Officer, who shall for that year,

(a) oversee the nomination of Members for election to the Council and the election of and voting for members to the Council; and

(b) ensure that nomination, election and voting are conducted in accordance with the procedures established under the Act.

3. (1) Subsection 12 (1) of the Regulation is amended by striking out “Nominating Committee” in the portion before clause (a) and substituting “Central Election and Search Committee”.

(2) Subsection 12 (2) of the Regulation is amended by striking out “Nominating Committee” and substituting “Central Election and Search Committee”.

(3) Subsections 12 (3) and (4) of the Regulation are revoked and the following substituted:

(3) The Central Election and Search Committee shall,

(a) encourage Members to seek nomination for election to the Council as president-elect, vice-president or a councillor-at-large;

(b) assist the Chief Elections Officer as may be required by him or her; and

(c) receive and respond to complaints regarding the procedures for nominating, electing and voting for members to the Council in accordance with this Regulation.

(4) Meetings of the Central Election and Search Committee shall be convened by the chair from time to time or as directed by Council.

4. (1) Subsections 13 (1) to (3) of the Regulation are amended by striking out “Regional Nominating Committee” wherever it appears and substituting in each case “Regional Election and Search Committee”.

(2) Subsection 13 (4) of the Regulation is revoked and the following substituted:

(4) The Regional Election and Search Committee for a Region shall encourage Members residing in the Region to seek nomination for election to the Council as a regional councillor.

(4.1) Meetings of a Regional Election and Search Committee shall be convened by the chair from time to time or as directed by Council.

(3) Subsections 13 (5) and (6) of the Regulation are amended by striking out “Regional Nominating Committee” wherever it appears and substituting in each case “Regional Election and Search Committee”.

(4) Subsections 13 (7) and (8) of the Regulation are revoked.

5. Section 14 of the Regulation is revoked and the following substituted:

14. (1) A Member may be nominated for election to the Council as president-elect, vice-president or a councillor-at-large by no fewer than fifteen other Members, including Member residents from each Region.

(2) A Member may be nominated for election to the Council as a regional councillor for a Region by no fewer than fifteen other Members who reside in the Region.

(3) A nomination under subsection (1) or (2) is not valid unless it is,

(a) signed by all the nominators;

(b) forwarded to the Registrar together with the written consent of the Member nominated; and

(c) received by the Registrar no later than the date and time set by the Council for the receipt of nominations in respect of the election.

6. The Regulation is amended by adding the following section:

15.1 (1) Where no Member is nominated for election as president-elect, vice-president or councillor-at-large or for election as a regional councillor in any Region, the office of president-elect, vice-president, councillor-at-large or regional councillor, as the case may be, shall be filled by a Member appointed by a majority of the Council.

(2) A Member is not eligible to be appointed under subsection (1) to the office of regional councillor for a Region unless he or she resides in the Region at the time of the appointment.

(3) Despite section 6, a Member appointed to an office under subsection (1) shall be deemed to have been nominated for and elected to the office in accordance with this Regulation.

7. Sections 17, 18 and 19 of the Regulation are revoked and the following substituted:

17. (1) The Registrar, or in his or her absence the general secretary, shall prepare ballots for an election to Council setting out the names of the candidates for each office.

(2) Subsection (1) does not apply in the case of an office to which a Member is appointed by a majority of the Council or elected by acclamation.

18. The Registrar, or in his or her absence the general secretary, shall send to each Member entitled to vote in respect of an election a ballot and a list of Members, if any, appointed to office by a majority of the Council or elected to office by acclamation.

19. (1) A Member who receives a ballot for an election to Council may cast his or her vote by returning, in the manner determined by the Council under section 11, a completed ballot to the Registrar, the general secretary, the Chief Elections Officer or an agent designated by the Council for the purpose no later than the date and time set by the Council.

(2) The date referred to in subsection (1) shall not be less than twenty-eight days following the date on which the ballots are sent to the Members.

8. Section 20 of the Regulation is amended by striking out “designated by the Council as the last date for the receipt of ballots” and substituting “set by the Council for the receipt of ballots”.

9. (1) Clause 21 (a) of the Regulation is revoked and the following substituted:

(a) observe the processing of ballots to ensure that only duly marked ballots returned before the date and time set by the Council under subsection 19 (1) are counted;

(2) Clause 21 (f) of the Regulation is amended by striking out “designated” and substituting “set”.

10. Subsection 23 (1) of the Regulation is amended by striking out “including election by acclamation” at the end of the portion before clause (a) and substituting “including appointment by a majority of the Council or election by acclamation”.

11. (1) Clause 24 (1) (a) of the Regulation is amended by striking out “and” at the end and substituting “or”.

(2) Clause 24 (1) (b) of the Regulation is amended by striking out “mailed” and substituting “sent”.

(3) Subsection 24 (3) of the Regulation is revoked and the following substituted:

(3) During the period of time in which the register is closed, there shall not be recorded,

(a) any new Member; or

(b) any change in a Member’s contact information, including his or her mailing address, e-mail address or fax number.

12. Section 25 of the Regulation is amended by striking out “the date of mailing of ballots to Members in respect of the election” at the end and substituting “the date on which ballots in respect of the election are sent to Members”.

13. Section 79 of the Regulation is amended by striking out “in postal service, the council may” in the portion before clause (a) and substituting “in postal service or electronic communication, the Council may”.

14. This Regulation comes into force on May 1, 2007.

Made by:

Council of the Association of Professional Engineers of Ontario:

Patrick J. Quinn

President

Kim Allen

Chief Executive Officer/Registrar

Date made: January 19, 2007.