ontario regulation 45/03

made under the

Education Act

Made: February 21, 2003
Filed: February 25, 2003
Printed in The Ontario Gazette: March 15, 2003

Amending O. Reg. 412/00

(Elections to and Representation on District School Boards)

1. The definition of “municipality” in subsection 1 (1) of Ontario Regulation 412/00 is revoked and the following substituted:

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

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

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

2. (1) Subsection 3 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

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

. . . . .

(2) Section 3 of the Regulation is amended by adding the following subsection:

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

3. The Regulation is amended by adding the following section before the heading “Distribution of Members to Geographic Areas”:

3.1 The date before which a resolution may be passed under subsection 58.1 (10.1) of the Act is March 31 in an election year.

4. (1) Paragraph 1 of subsection 6 (1) of the Regulation is amended by striking out the definition of “b” and substituting the following:

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

(2) Paragraph 2 of subsection 6 (1) of the Regulation is amended by striking out “the number of members determined for the board under section 3” at the end and substituting “the number determined for “b” in paragraph 1”.

5. (1) Paragraph 1 of subsection 7 (1) of the Regulation is amended by striking out the definition of “b” and substituting the following:

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

(2) Paragraph 7 of subsection 7 (1) of the Regulation is amended by striking out “the number of members determined for the board under section 3” and substituting “the number determined for “b” in paragraph 1”.

6. (1) Subsection 10 (3) of the Regulation is amended by adding “and be accompanied by the fee prescribed under the Ontario Municipal Board Act” at the end.

(2) Section 10 of the Regulation is amended by adding the following subsections:

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

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

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

(c) such other information as the Ontario Municipal Board may require in respect of the appeal that is within the board’s possession is forwarded to the Ontario Municipal Board.

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

7. Sections 11 and 12 of the Regulation are revoked and the following substituted:

Conduct of Elections

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

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

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

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

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

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

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

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

8. Sections 13 to 29 of the Regulation are revoked.

9. Table 1 of the Regulation is revoked and the following substituted:

TABLE 1

BOARD AREAS

10. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 8 comes into force on October 31, 2003.