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O. Reg. 412/00: ELECTIONS TO AND REPRESENTATION ON DISTRICT SCHOOL BOARDS
filed June 30, 2000 under Education Act, R.S.O. 1990, c. E.2
Skip to contentONTARIO REGULATION 412/00
made under the
Education Act
Made: June 21, 2000
Filed: June 30, 2000
ELECTIONS TO AND REPRESENTATION ON District School BOARDS
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” means a city, town, village or township or territory without municipal organization that is attached to a municipality for election purposes or that is deemed to be a district municipality under Ontario Regulation 468/97; (“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”)
(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.
(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.
Population Data
2. (1) Before February 15 in each election year, the Ontario 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.
(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.
(3) Not later than February 15 of the election year, the Ontario 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.
(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).
(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.
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.
(2) Subject to any addition of members pursuant to regulations made under section 188 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 subtracting the number set out in Table 4 for the board area of the board from the number set out in Table 3 for the density 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.
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.
(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.
(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.
(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.
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.
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,
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 of members determined for the board under section 3.
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.
(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.
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,
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:
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 of members determined for the board under section 3. 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.
(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.
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.
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 consisting of,
(a) the results of the determination and distribution;
(b) a copy of the data and calculations by which the determination and distribution were made.
(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.
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.
(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.
(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.
(4) The appeal must be commenced not later than April 21 in the election year.
(5) If no appeal is commenced, the board shall be deemed to be properly constituted despite any defect in the distribution.
(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.
(7) The parties to the appeal are the municipality, the board and any other person added as a party by the Board.
(8) The Board is not required to hold a hearing on the appeal.
(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.
(10) The Board shall determine the appeal not later than June 10 in the election year.
Nominations
11. (1) If a geographic area formed for a board under section 6 or 7 is composed of all or part of two or more municipalities, nominations for the office of member of the board for that geographic area shall be submitted to the school board election clerk for the municipality having the largest population of the board’s electoral group.
(2) Within 48 hours after the closing of nominations, the clerk referred to in subsection (1) shall send the names of the candidates who have qualified by registered mail to the school board election clerks for the other municipalities that are included in the same geographic area.
(3) 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, 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 for the city, town, village or township in which the person seeking nomination resides, if the person resides in a city, town, village or township;
(b) the school board election clerk for the city, town, village or township to which the territory without municipal organization in which the person seeking nomination resides is attached for election purposes, if the person resides in territory without municipal organization that is attached to a city, town, village or township for election purposes and the territory that is attached is part of the same geographic area as the city, town, village or township for election purposes; or
(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.
Election Results
12. (1) In an election of members of a board, every school board election clerk shall report the vote recorded to the clerk to whom nominations were submitted under subsection 11 (1), who shall prepare the final summary and declare the candidate or candidates who have been elected.
(2) A school board election clerk who conducts a recount in an election of members of a board shall report the result of the recount to the clerk to whom nominations were submitted under subsection 11 (1), who shall prepare the final summary and announce the result of the recount.
(3) In an election to obtain the opinion of the electors on a question, every school board election clerk shall report the vote recorded to the school board election clerk for the municipality having the largest population of the board’s electoral group, who shall prepare the final summary and declare the result of the election.
(4) A school board election clerk who conducts a recount in an election to obtain the opinion of the electors on a question shall report the result of the recount to the school board election clerk for the municipality having the largest population of the board’s electoral group, who shall prepare the final summary and announce the result of the recount.
(5) The clerk who declares or announces a result under subsection (1), (2), (3) or (4) shall forward the result,
(a) to the secretary of the board; and
(b) except in the case of an election to obtain the opinion of the electors on a question placed on the ballot under a resolution described in subsection 8 (2) of the Municipal Elections Act, 1996, to the Minister.
(6) This section applies to regular elections and to by–elections.
PART II
2000 REGULAR ELECTIONS
Interpretation and Application
13. (1) In this Part,
“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 15 (3), by the board area; (“densité”)
“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” means a city, town, village or township or territory without municipal organization that is attached to a municipality for election purposes or that is deemed to be a district municipality under Ontario Regulation 468/97; (“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 or body who is responsible for conducting the election in a municipality; (“secrétaire des élections scolaires”)
“start date” means the day after the day this Regulation is filed; (“date de commencement”)
“ward” means a ward of a municipality. (“quartier”)
(2) A reference in this Part 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 the start date, subject to the following rules:
1. A decision affecting a boundary that may be appealed shall not be taken into account if, on the start date,
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.
(3) For the purposes of this Part, 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.
(4) The Kashabowie District School Area, the Kilkenny District School Area and the Sturgeon Lake District School Area are each deemed to be a district municipality for purposes of board elections.
14. This Part applies, and Part I does not apply, to a regular election of a board in 2000 and to any by–election held during the term of office of members of boards that commences immediately after that election.
Population Data
15. (1) Not later than seven days after the start date, the Ontario 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 the start date.
(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.
(3) Not later than seven days after the start date, the Ontario 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.
(4) Promptly after receipt of the report under clause (3) (c), the secretary of the board shall forward a copy of the report to the director of education of the board.
(5) Subsection (1) does not apply in respect of the Kashabowie District School Area, the Kilkenny District School Area and the Sturgeon Lake District School Area.
(6) The Ontario Property Assessment Corporation shall be deemed to have reported under subsection (3) that the populations of the electoral groups who are resident in the Kashabowie District School Area, the Kilkenny District School Area and the Sturgeon Lake District School Area on January 1, 2000 are as set out in the Table to subsection 10 (2) of Ontario Regulation 280/00.
(7) For the purpose of this Part, 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).
(8) Subsection (7) 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.
Responsibility for Making Determinations and Distributions
16. If the area of jurisdiction of a board comprises only one municipality, the school board election clerk for the municipality shall consult with the director of education of the board and, not later than 22 days after the start date,
(a) shall determine the number of members to be elected to the board in accordance with section 19; and
(b) shall distribute the positions of the members to be elected to the board in accordance with section 21.
17. If the area of jurisdiction of a board comprises two municipalities, the school board election clerk for the municipality that has the larger population of the board’s electoral group shall, not earlier than the date of the resolution under section 20, consult with the school board election clerk for the other municipality and with the director of education of the board and, not later than 22 days after the start date,
(a) shall determine the number of members to be elected to the board in accordance with section 19; and
(b) shall distribute the positions of the members to be elected to the board in accordance with section 21 or 22, whichever is applicable.
18. (1) If the area of jurisdiction of a board comprises three or more municipalities, the director of education of the board shall promptly after the report is made to the secretary of the board under subsection 15 (3) identify three municipalities within the area of jurisdiction of the board in accordance with the following rules:
1. If the area of jurisdiction of the board comprises more than 50 per cent of the geographic area of each of three counties, the three municipalities shall be the municipalities that have the largest population of the board’s electoral group in each county.
2. If the area of jurisdiction of the board comprises more than 50 per cent of the geographic area of each of two counties, the three municipalities shall be the municipalities that have the largest population of the board’s electoral group in each county and the municipality that has the next largest population of the board’s electoral group.
3. In any other case, the three municipalities shall be the three municipalities that have the largest populations of the board’s electoral group.
(2) The director of education shall take such steps as are necessary to convene a meeting, to be held not earlier than the date of the resolution under section 20 and not later than 22 days after the start date, of the director of education and the school board election clerks for the municipalities identified under subsection (1).
(3) The director of education shall give at least two days’ notice of the time and place of the meeting to the school board election clerks of any other municipalities that are within the area of jurisdiction of the board and that are divided into wards.
(4) Every school board election clerk who is entitled to notice under subsection (3) may make recommendations, to the school board election clerks for the municipalities identified under subsection (1), in respect of the distribution to wards in his or her municipality of the positions of the members to be elected to the board.
(5) At the meeting, the three school board election clerks for the municipalities identified under subsection (1) shall consult with the director of education and,
(a) shall determine the number of members to be elected to the board in accordance with section 19; and
(b) shall distribute the positions of the members to be elected to the board in accordance with section 21 or 22, whichever is applicable.
(6) In this section,
“county” means an area described in any of paragraphs 1 to 40 of the Schedule to the Territorial Division Act.
Determination of Number of Members
19. Subject to any addition of members pursuant to regulations made under section 188 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 15 (3) for all the areas referred to in subsection 15 (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 subtracting the number set out in Table 4 for the board area of the board from the number set out in Table 3 for the density 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. 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.
Distribution of Members to Geographic Areas
20. (1) A board that has jurisdiction in more than one municipality shall, not later than 14 days after the start date,
(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.
(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.
(3) A resolution under subsection (1) shall be effective only for the regular election of board members in 2000 and for any by–election held during the term that commences immediately after that election.
(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.
21. (1) If a board has jurisdiction in only one municipality or a resolution under clause 20 (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 15 (3),
b = the total number of members determined for the board under section 19,
c = the total population of the board’s electoral group, as reported under subsection 15 (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 of members determined for the board under section 19.
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.
(2) In applying subsection (1), to the extent practicable, geographic areas shall be formed for which the sum of the electoral quotients of the constituent municipalities and wards is a whole number greater than zero.
22. (1) If a resolution under clause 20 (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 15 (3),
b = the total number of members determined for the board under section 19,
c = the total population of the board’s electoral group, as reported under subsection 15 (3).
2. Place the municipalities in two groups, one of which shall be comprised of the municipality or municipalities designated under clause 20 (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 20 (2) to the sum of the electoral quotients for the group of municipalities that are designated under clause 20 (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 20 (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:
where,
a = the population of the board’s electoral group resident in the municipality or ward, as reported under subsection 15 (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 15 (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 of members determined for the board under section 19. 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.
(2) In applying paragraph 7 of subsection (1), to the extent practicable, geographic areas shall be formed for which the sum of the electoral quotients of the constituent municipalities and wards is a whole number greater than zero.
23. 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.
Finalization of Determination and Distribution
24. (1) Not later than 22 days after the start date, the school board election clerk or clerks who made the determination and distribution under section 16, 17 or 18 shall prepare and provide to the director of education of the board an interim report consisting of,
(a) the results of the determination and distribution;
(b) a copy of the data and calculations by which the determination and distribution were made.
(2) The director of education shall review the report and, not later than 25 days after the start date, submit his or her comments to the school board election clerk or clerks.
(3) Not later than 28 days after the start date, the school board election clerk or clerks shall,
(a) confirm the determination and distribution, if the director of education did not submit any comments; or
(b) after considering the comments of the director of education, confirm or modify the determination and distribution.
(4) Not later than 28 days after the start date, the school board election clerk for the municipality having the largest population of the board’s electoral group shall prepare and provide to the secretary of the board a final report consisting of,
(a) the final results of the determination and distribution;
(b) a copy of the data and calculations by which the determination and distribution were made.
(5) Not later than 31 days after the start date, the secretary of the board shall send a copy of the final 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.
Nominations
25. (1) If a geographic area formed for a board under section 21 or 22 is composed of all or part of two or more municipalities, nominations for the office of member of the board for that geographic area shall be submitted to the school board election clerk for the municipality having the largest population of the board’s electoral group.
(2) Within 48 hours after the closing of nominations, the clerk referred to in subsection (1) shall send the names of the candidates who have qualified by registered mail to the school board election clerks for the other municipalities that are included in the same geographic area.
(3) 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, 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 for the city, town, village or township in which the person seeking nomination resides, if the person resides in a city, town, village or township;
(b) the school board election clerk for the city, town, village or township to which the territory without municipal organization in which the person seeking nomination resides is attached for election purposes, if the person resides in territory without municipal organization that is attached to a city, town, village or township for election purposes and the territory that is attached is part of the same geographic area as the city, town, village or township for election purposes; or
(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.
Election Results
26. (1) In an election of members of a board, every school board election clerk shall report the vote recorded to the clerk to whom nominations were submitted under subsection 25 (1), who shall prepare the final summary and declare the candidate or candidates who have been elected.
(2) A school board election clerk who conducts a recount in an election of members of a board shall report the result of the recount to the clerk to whom nominations were submitted under subsection 25 (1), who shall prepare the final summary and announce the result of the recount.
(3) In an election to obtain the opinion of the electors on a question, every school board election clerk shall report the vote recorded to the school board election clerk for the municipality having the largest population of the board’s electoral group, who shall prepare the final summary and declare the result of the election.
(4) A school board election clerk who conducts a recount in an election to obtain the opinion of the electors on a question shall report the result of the recount to the school board election clerk for the municipality having the largest population of the board’s electoral group, who shall prepare the final summary and announce the result of the recount.
(5) The clerk who declares or announces a result under subsection (1), (2), (3) or (4) shall forward the result,
(a) to the secretary of the board; and
(b) except in the case of an election to obtain the opinion of the electors on a question placed on the ballot under a resolution described in subsection 8 (2) of the Municipal Elections Act, 1996, to the Minister.
(6) This section applies to regular elections and to by–elections.
PART III
REVOCATIONS
27. Ontario Regulations 250/97, 279/97 and 396/97 are revoked.
28. Ontario Regulation 425/99 is revoked.
29. Ontario Regulation 79/98 is revoked.
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TABLE 1 BOARD AREAS |
|||
|
Item |
Name of Board |
Area (km2) |
|
|
1. |
District School Board Ontario North East |
24,630 |
|
|
2. |
Algoma District School Board |
9,151 |
|
|
3. |
Rainbow District School Board |
13,390 |
|
|
4. |
Near North District School Board |
16,400 |
|
|
5. |
Keewatin–Patricia District School Board |
5,148 |
|
|
6. |
Rainy River District School Board |
10,054 |
|
|
7. |
Lakehead District School Board |
4,986 |
|
|
8. |
Superior–Greenstone District School Board |
17,054 |
|
|
9. |
Bluewater District School Board |
8,673 |
|
|
10. |
Avon Maitland District School Board |
5,599 |
|
|
11. |
Greater Essex County District School Board |
1,887 |
|
|
12. |
Lambton Kent District School Board |
5,542 |
|
|
13. |
Thames Valley District School Board |
7,174 |
|
|
14. |
Toronto District School Board |
631 |
|
|
15. |
Durham District School Board |
1,868 |
|
|
16. |
Kawartha Pine Ridge District School Board |
6,706 |
|
|
17. |
Trillium Lakelands District School Board |
11,756 |
|
|
18. |
York Region District School Board |
1,787 |
|
|
19. |
Simcoe County District School Board |
4,943 |
|
|
20. |
Upper Grand District School Board |
4,178 |
|
|
21. |
Peel District School Board |
1,246 |
|
|
22. |
Halton District School Board |
951 |
|
|
23. |
Hamilton–Wentworth District School Board |
1,137 |
|
|
24. |
District School Board of Niagara |
1,868 |
|
|
25. |
Grand Erie District School Board |
4,108 |
|
|
26. |
Waterloo Region District School Board |
1,404 |
|
|
27. |
Ottawa–Carleton District School Board |
2,894 |
|
|
28. |
Upper Canada District School Board |
12,165 |
|
|
29. |
Limestone District School Board |
7,199 |
|
|
30. |
Renfrew County District School Board |
8,042 |
|
|
31. |
Hastings and Prince Edward District School Board |
7,221 |
|
|
32. |
Northeastern Catholic District School Board |
24,630 |
|
|
|
|
|
|
|
|
|
|
|
|
Item |
Name of Board |
Area (km2) |
|
|
33. |
Nipissing–Parry Sound Catholic District School Board |
10,140 |
|
|
34. |
Huron–Superior Catholic District School Board |
8,826 |
|
|
35. |
Sudbury Catholic District School Board |
8,921 |
|
|
36. |
Northwest Catholic District School Board |
11,008 |
|
|
37. |
Kenora Catholic District School Board |
731 |
|
|
38. |
Thunder Bay Catholic District School Board |
4,919 |
|
|
39. |
Superior North Catholic District School Board |
17,261 |
|
|
40. |
Bruce–Grey Catholic District School Board |
8,673 |
|
|
41. |
Huron Perth Catholic District School Board |
5,599 |
|
|
42. |
Windsor–Essex Catholic District School Board |
1,887 |
|
|
43. |
English–language Separate District School Board No. 38 |
7,174 |
|
|
44. |
St. Clair Catholic District School Board |
5,542 |
|
|
45. |
Toronto Catholic District School Board |
631 |
|
|
46. |
Peterborough Victoria Northumberland and Clarington Catholic District School Board |
9,804 |
|
|
47. |
York Catholic District School Board |
1,787 |
|
|
48. |
Dufferin–Peel Catholic District School Board |
2,736 |
|
|
49. |
Simcoe Muskoka Catholic District School Board |
9,339 |
|
|
50. |
Durham Catholic District School Board |
1,868 |
|
|
51. |
Halton Catholic District School Board |
951 |
|
|
52. |
Hamilton–Wentworth Catholic District School Board |
1,136 |
|
|
53. |
Wellington Catholic District School Board |
2,691 |
|
|
54. |
Waterloo Catholic District School Board |
1,404 |
|
|
55. |
Niagara Catholic District School Board |
1,868 |
|
|
56. |
Brant/Haldimand–Norfolk Catholic District School Board |
4,108 |
|
|
57. |
Catholic District School Board of Eastern Ontario |
12,165 |
|
|
58. |
Ottawa–Carleton Catholic District School Board |
2,894 |
|
|
59. |
Renfrew County Catholic District School Board |
8,042 |
|
|
60. |
Algonquin and Lakeshore Catholic District School Board |
15,672 |
|
|
61. |
Conseil scolaire de district du Nord–Est de l’Ontario |
45,280 |
|
|
62. |
Conseil scolaire de district du Grand Nord de l’Ontario |
59,612 |
|
|
63. |
Conseil scolaire de district du Centre Sud–Ouest |
68,140 |
|
|
64. |
Conseil scolaire de district des écoles publiques de langue française no 59 |
37,514 |
|
|
65. |
Conseil scolaire de district catholique des Grandes Rivières |
24,630 |
|
|
66. |
Conseil scolaire de district catholique Franco–Nord |
10,140 |
|
|
67. |
Conseil scolaire de district catholique du Nouvel–Ontario |
17,995 |
|
|
|
|
|
|
|
|
|
|
|
|
Item |
Name of Board |
Area (km2) |
|
|
68. |
Conseil scolaire de district catholique des Aurores boréales |
34,133 |
|
|
69. |
Conseil scolaire de district des écoles catholiques du Sud–Ouest |
28,819 |
|
|
70. |
Conseil scolaire de district catholique Centre–Sud |
39,860 |
|
|
71. |
Conseil scolaire de district catholique de l’Est Ontarien |
5,421 |
|
|
72. |
Conseil scolaire de district catholique du Centre–Est de l’Ontario |
33,357 |
|
|
TABLE 2 NUMBER OF MEMBERS BASED |
|||
|
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 |
|
|
TABLE 3 NUMBER OF ADDITIONAL MEMBERS |
|||
|
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 |
|
|
|
|
|
|
|
TABLE 4 AREA ADJUSTMENT TO NUMBER OF ADDITIONAL |
|||
|
Item |
Board Area |
Number of 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 |
|
|
|
|
|
|
|
|
|
|
|
|
Item |
Board Area |
Number of Members |
|
|
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. |
|
|
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– |
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 no 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 |
|
|
TABLE 6 MINIMUM NUMBER OF MEMBERS BASED ON |
|||
|
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 |
|
|
|
|
|
|