You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

contact us français

Welcome to the new e-Laws. It’s now easier than ever to find Ontario laws. We welcome your feedback.

O. Reg. 391/18: ELECTIONS TO AND REPRESENTATION ON DISTRICT SCHOOL BOARDS

filed July 30, 2018 under Education Act, R.S.O. 1990, c. E.2

Skip to content
Print Download

Français

ontario regulation 391/18

made under the

Education Act

Made: July 30, 2018
Filed: July 30, 2018
Published on e-Laws: July 30, 2018
Printed in The Ontario Gazette: August 18, 2018

Amending O. Reg. 412/00

(ELECTIONS TO AND REPRESENTATION ON DISTRICT SCHOOL BOARDS)

1. (1) Section 1 of Ontario Regulation 412/00 is amended by adding the following subsections:

(2.1) Despite subsection (2), a reference in this Regulation to wards of the City of Toronto shall be deemed, with respect to the election of members of a board in 2018, to be a reference to the wards whose boundaries are identical to those of the electoral districts for Ontario that are within the boundaries of the City.

(2.2) For the purposes of subsection (2.1), the electoral districts for Ontario are those determined under section 2 of the Representation Act, 2015.

(2) Subsections 1 (2.1) and (2.2) of the Regulation are revoked.

2. (1) The Regulation is amended by adding the following section before the heading “Determination of Number of Members”:

2.0.1 (1) Before August 7, 2018, the Municipal Property Assessment Corporation shall, in respect of each board that has jurisdiction in the City of Toronto, determine the population of the board’s electoral group who are resident in each ward of the City of Toronto on January 1 of that year.

(2) Not later than August 7, 2018, the Municipal 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 the City of Toronto each of its determinations under subsection (1) in respect of each board set out in subsection (1); and

(c) report to the secretary of each board each of its determinations under subsection (1) in respect of that board.

(2) Section 2.0.1 of the Regulation is revoked.

3. (1) The Regulation is amended by adding the following section:

5.1 (1) Not later than August 14, 2018, every board that has jurisdiction only in the City of Toronto shall distribute the positions of the members to be elected to the board in accordance with section 6 and shall notify the Minister in writing that this has been done.

(2) Not later than August 14, 2018, every board that has jurisdiction in both the City of Toronto and in other municipalities shall distribute the positions of the members to be elected to the board in the City of Toronto in accordance with section 6.1 and shall notify the Minister in writing that this has been done.

(3) If any board has not completed the distribution and provided the notice required under subsection (1) or (2) by August 14, 2018, the Minister shall distribute the positions of the members to be elected to the board in accordance with section 6 or 6.1, whichever is applicable.

(4) If the Minister is required to distribute the positions of members under subsection (3), the Minister shall do so by August 17, 2018.

(2) Section 5.1 of the Regulation is revoked.

4. (1) The definitions of “a” and “c” in paragraph 1 of subsection 6 (1) of the Regulation are amended by adding “or 2.0.1 (2)” at the end.

(2) The definitions of “a” and “c” in paragraph 1 of subsection 6 (1) of the Regulation are amended by striking out “or 2.0.1 (2)” at the end.

(3) Subsection 6 (2) of the Regulation is revoked and the following substituted:

(2) A distribution under subsection (1) shall be made in such a way that, to the extent practicable, geographic areas are formed for which the sum of the electoral quotients of the constituent municipalities and wards is a whole number greater than zero.

5. (1) The Regulation is amended by adding the following section:

6.1 (1) A distribution required under subsection 5.1 (2) shall be made according to the following rules:

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

Electoral quotient = a × b / c

where,

a = the population of the board’s electoral group resident in the ward, as reported under subsection 2.0.1 (2),

b = the total number of members determined for the board for the City of Toronto, as reported under section 9,

c = the total population of the board’s electoral group for the City of Toronto, as reported under subsection 2 (3) or 2.0.1 (2).

2. Combine every ward within the City of Toronto into a number of geographic areas that does not exceed the number determined for “b” in paragraph 1.

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 wards within the City of Toronto.

(2) A distribution under subsection (1) shall be made in such a way that, to the extent practicable, geographic areas are formed for which the sum of the electoral quotients of the constituent wards is a whole number greater than zero.

(2) Section 6.1 of the Regulation is revoked.

6. (1) The Regulation is amended by adding the following sections before the heading “Appeals on Distribution”:

9.1 (1) A board that completes the distribution under subsection 5.1 (1) or (2) shall prepare a report that includes,

(a) the results of the distribution; and

(b) a copy of the data and calculations by which the distribution was made.

(2) The board shall send a copy of the report to,

(a) the Minister;

(b) the school board election clerk for the City of Toronto; and

(c) the secretary of every other board that has jurisdiction in the City of Toronto.

(3) The copy of the report referred to in subsection (2) shall be sent by August 17, 2018.

9.2 (1) If the Minister completes the distribution under subsection 5.1 (3), the Minister shall prepare a report that includes,

(a) the results of the distribution; and

(b) a copy of the data and calculations by which the distribution was made.

(2) The Minister shall send a copy of the report to,

(a) the board for which the distribution was completed;

(b) the school board election clerk for the City of Toronto; and

(c) the secretary of every other board that has jurisdiction in the City of Toronto.

(3) The copy of the report referred to in subsection (2) shall be sent by August 17, 2018.

(2) Sections 9.1 and 9.2 of the Regulation are revoked.

7. (1) The following provisions of the Regulation are amended by striking out “Ontario Municipal Board” wherever it appears and substituting in each case “Local Planning Appeal Tribunal”:

1. Subsection 10 (1).

2. Clauses 10 (3.1) (b) and (c).

3. Subsection 10 (3.2).

4. Subsection 10 (6).

(2) Subsection 10 (3) of the Regulation is amended by striking out “the fee prescribed under the Ontario Municipal Board Act” at the end and substituting “the fee, if any, required under the Local Planning Appeal Tribunal Act, 2017”.

(3) Subsections 10 (7), (9) and (10) of the Regulation are amended by striking out “the Board” wherever it appears and substituting in each case “the Tribunal”.

(4) Subsection 10 (8) of the Regulation is revoked and the following substituted:

(8) The Tribunal is not required to hold a hearing on the appeal.

Commencement

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

(2) Subsections 1 (2), 2 (2), 3 (2), 4 (2), 5 (2) and 6 (2) come into force on October 23, 2018.

 

Français