ELECTIONS TO AND REPRESENTATION ON DISTRICT SCHOOL BOARDS

CONTENTS Sections Interpretation 1 Population Data 2-2.0.1 Determination of Number of Members 2.1 Distribution of Members to Geographic Areas 4-8.1 Report on Distribution 9 Appeals on Distribution 10 Conduct of Elections 11 Transition re 2026 Election 12-15 Interpretation 1. (1) In this Regulation, “board” means a district school board; (“conseil”) “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” 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”) “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”) O. Reg. 412/00, s. 1 (1); O. Reg. 45/03, s. 1; O. Reg. 100/26, s. 1. (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. O. Reg. 412/00, s. 1 (2); O. Reg. 74/06, s. 1; O. Reg. 211/06, s. 1. (2.1), (2.2) Revoked: O. Reg. 391/18, s. 1 (2). (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. O. Reg. 412/00, s. 1 (3). Population Data 2. (1) Before February 15 in each election year, the Municipal 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. O. Reg. 412/00, s. 2 (1); O. Reg. 155/02, s. 1 (1). (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. O. Reg. 412/00, s. 2 (2). (3) Not later than February 15 of the election year, 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 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. O. Reg. 412/00, s. 2 (3); O. Reg. 155/02, s. 1 (2). (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). O. Reg. 412/00, s. 2 (4). (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. O. Reg. 412/00, s. 2 (5). 2.0.1 Revoked: O. Reg. 391/18, s. 2 (2). Determination of Number of Members 2.1 The number of members of a board for the purposes of a regular election is the lesser of 12 and the number of members determined for the board for the purposes of the regular election in 2022. O. Reg. 100/26, s. 2. 3., 3.1. Revoked: O. Reg. 100/26, s. 2. 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. O. Reg. 412/00, s. 4 (1). (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. O. Reg. 412/00, s. 4 (2). (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. O. Reg. 412/00, s. 4 (3). (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. O. Reg. 412/00, s. 4 (4). 5. (1) 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. O. Reg. 412/00, s. 5. (2) Revoked: O. Reg. 513/17, s. 1. 5.1 Revoked: O. Reg. 391/18, s. 3 (2). 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: Electoral quotient = a × b / c 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 2.1, 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 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 municipalities and wards that form the geographic area. O. Reg. 412/00, s. 6 (1); O. Reg. 45/03, s. 4; O. Reg. 42/10, s. 5; O. Reg. 391/18, s. 4 (1, 2). (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. O. Reg. 391/18, s. 4 (3). 6.1 Revoked: O. Reg. 391/18, s. 5 (2). 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: Electoral quotient = a × b / c 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 2.1, 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: Alternative electoral quotient = a × b / c 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 determined for “b” in paragraph 1. 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. O. Reg. 412/00, s. 7 (1); O. Reg. 45/03, s. 5; O. Reg. 42/10, s. 6. (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. O. Reg. 412/00, s. 7 (2). 8. Revoked: O. Reg. 42/10, s. 7. 8.1 Where a board has formed a geographic area that consists of all or part of two or more municipalities, the board shall identify which of those municipalities has the largest population of the board’s electoral group for the purpose of identifying the school board election clerk referred to in subsection 11 (2). O. Reg. 235/04, s. 1. Report on Distribution 9. (1) On completion of the distribution of members of the board, the board shall prepare a report that includes, (a) the results of the distribution; (b) where a geographic area consists of all or part of two or more municipalities, the identification made under section 8.1 of the municipality with the largest population of the board’s electoral group; and (c) a copy of the data and calculations by which the distribution referred to in clause (a) was made and by which the identification referred to in clause (b) was made. O. Reg. 100/26, s. 4. (2) 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. O. Reg. 412/00, s. 9 (2); O. Reg. 42/10, s. 8 (1). (3) The copy of the report referred to in subsection (2) shall be sent by April 3 in the election year. O. Reg. 513/17, s. 2. 9.1, 9.2 Revoked: O. Reg. 391/18, s. 6 (2). Appeals on Distribution 10. (1) The council of a municipality within the area of jurisdiction of a board may appeal to the Ontario Land Tribunal the results of the distribution under section 6 or 7. O. Reg. 412/00, s. 10 (1); O. Reg. 391/18, s. 7 (1); O. Reg. 360/21, s. 1. (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. O. Reg. 412/00, s. 10 (2). (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 and be accompanied by the fee, if any, charged by the Ontario Land Tribunal. O. Reg. 412/00, s. 10 (3); O. Reg. 45/03, s. 6 (1); O. Reg. 391/18, s. 7 (2); O. Reg. 360/21, s. 2 (1). (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 Land Tribunal within 15 days after the notice and the fee are received; and (c) such other information as the Ontario Land Tribunal may require in respect of the appeal that is within the board’s possession is forwarded to the Local Planning Appeal Tribunal. O. Reg. 45/03, s. 6 (2); O. Reg. 391/18, s. 7 (1); O. Reg. 360/21, s. 1, 2 (2). (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 Land Tribunal. O. Reg. 45/03, s. 6 (2); O. Reg. 391/18, s. 7 (1); O. Reg. 360/21, s. 1. (4) The appeal must be commenced no later than April 21 in the election year. O. Reg. 513/17, s. 3 (1). (5) If no appeal is commenced, the board shall be deemed to be properly constituted despite any defect in the distribution. O. Reg. 412/00, s. 10 (5). (6) The secretary of the board shall forward any notices of appeal to the Ontario Land Tribunal by April 25 in the election year. O. Reg. 513/17, s. 3 (2); O. Reg. 391/18, s. 7 (1); O. Reg. 360/21, s. 1. (7) The parties to the appeal are the municipality, the board and any other person added as a party by the Tribunal. O. Reg. 412/00, s. 10 (7); O. Reg. 391/18, s. 7 (3). (8) The Tribunal is not required to hold a hearing on the appeal. O. Reg. 391/18, s. 7 (4). (9) The Tribunal may, (a) dismiss the appeal; or (b) allow the appeal, in whole or in part, and make an order varying the distribution. O. Reg. 412/00, s. 10 (9); O. Reg. 391/18, s. 7 (3). (10) The Tribunal shall determine the appeal not later than June 10 in the election year. O. Reg. 412/00, s. 10 (10); O. Reg. 391/18, s. 7 (3). 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. O. Reg. 45/03, s. 7. (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. O. Reg. 45/03, s. 7. (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. O. Reg. 45/03, s. 7. (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. O. Reg. 45/03, s. 7. (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. O. Reg. 45/03, s. 7. Part II Transition re 2026 Election 12. Sections 13 to 15 apply in respect of the 2026 regular election for any board in which the number of members is reduced by the amendment to section 2.1 made by Ontario Regulation 100/26. O. Reg. 100/26, s. 5. 13. (1) Within five business days after the day section 5 of Ontario Regulation 100/26 comes into force, every board specified in section 12 shall distribute the positions of the members to be elected to the board in accordance with section 6 or 7, as the case may be, and shall notify the Minister in writing that this has been done. O. Reg. 100/26, s. 5. (2) Upon a board completing the distribution under subsection (1), the board 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. O. Reg. 100/26, s. 5. (3) Within one business day after the expiry of the deadline described in subsection (1), 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; (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. O. Reg. 100/26, s. 5. 14. (1) If a board does not complete the distribution and provide the notice required under subsection 13 (1) by the deadline described in that subsection, then within two business days after that deadline, the Minister shall distribute the positions of the members to be elected to the board in accordance with section 6 or 7, as the case may be. O. Reg. 100/26, s. 5. (2) Upon the Minister completing the distribution under subsection (1), 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. O. Reg. 100/26, s. 5. (3) Within two business days after the expiry of the deadline described in subsection (1), the Minister shall send a copy of the report to, (a) the board for which the distribution was completed; (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. O. Reg. 100/26, s. 5. 15. A distribution made under section 13 or 14 is not subject to appeal. O. Reg. 100/26, s. 5. 16.-26. Revoked: O. Reg. 45/03, s. 8. Part III (ss. 27.-29.) Revoked: O. Reg. 45/03, s. 8. Tables 1-6 Revoked : O. Reg. 100/26, s. 6.