Education Act
student trusteeS
Consolidation Period: From June 30, 2022 to the e-Laws currency date.
Last amendment: 48/22.
Legislative History: 42/11, 354/18, 189/20, 766/20, 48/22.
This is the English version of a bilingual regulation.
Application
1. This Regulation applies to every district school board and every secondary school board established under section 67 of the Act. O. Reg. 7/07, s. 1.
Board policy
2. (1) The board shall develop and implement a policy providing for matters relating to student trustees and to the payment of honoraria for student trustees. O. Reg. 7/07, s. 2 (1).
(2) The policy shall be in accordance with this Regulation and with any policies and guidelines established by the Minister under paragraph 3.5 of subsection 8 (1) of the Act. O. Reg. 7/07, s. 2 (2).
Number of student trustees
3. The board shall have at least two but not more than three student trustees. O. Reg. 7/07, s. 3; O. Reg. 354/18, s. 1.
Election procedure and timing
4. (1) Student trustees shall be elected in one of the following ways:
1. Directly, by students of the board.
2. Indirectly, by student representative bodies such as student councils. O. Reg. 7/07, s. 4 (1).
(2) An election for a student trustee position for a one-year term of office shall be held not later than the last day of February in each year. O. Reg. 354/18, s. 2.
(3) An election for a student trustee position for a two-year term of office shall be held not later than April 30 in each year. O. Reg. 354/18, s. 2.
(4) Revoked: O. Reg. 48/22, s. 1 (2).
Qualifications
5. (1) A person is qualified to act as a student trustee if, on the first day of school after the term of office begins, he or she is enrolled in the senior division of a school of the board and is,
(a) a full-time pupil; or
(b) an exceptional pupil in a special education program for whom the board has reduced the length of the instructional program on each school day under subsection 3 (3) of Regulation 298 of the Revised Regulations of Ontario, 1990 (Operation of Schools — General) made under the Act, so long as the pupil would be a full-time pupil if the program had not been reduced. O. Reg. 42/11, s. 1; O. Reg. 354/18, s. 3.
(2) Despite subsection (1), a person is not qualified to be elected or to act as a student trustee if he or she is serving a sentence of imprisonment in a penal or correctional institution. O. Reg. 7/07, s. 5 (2).
(3) A person who ceases to be qualified to act as a student trustee shall resign from the position. O. Reg. 7/07, s. 5 (3).
(4) In this section,
“full-time pupil” has the same meaning as in the most recent regulations made under section 234 of the Act. O. Reg. 7/07, s. 5 (4).
Term of office
6. (1) The term of office of a student trustee may be one year or two years and starts on August 1 of the year in which the student trustee is elected. O. Reg. 354/18, s. 4 (1).
(1.1) Despite subsection (1), the term of office of a student trustee elected in 2020 for a two-year term of office starts on the later of August 1, 2020 and the day the student is elected, and ends on July 31, 2022. O. Reg. 189/20, s. 2.
(2) If a board has two or more student trustees with terms of two years, the board shall ensure that its policy under section 2 provides for the staggering of terms where possible. O. Reg. 354/18, s. 4 (2).
Vacancies
7. If the board determines that a vacancy shall be filled, it shall be filled by a by-election. O. Reg. 7/07, s. 7.
Reimbursement of expenses
8. If the board has established a policy under subsection 191.2 (3) of the Act, the board shall reimburse student trustees for out-of-pocket expenses as if they were members of the board. O. Reg. 7/07, s. 8.
Honorarium
9. (1) The amount of the honorarium referred to in subsection 55 (8) of the Act is,
(a) $2,500 for each complete year that the student holds office; and
(b) if a student holds office for a portion of a year, $2,500 prorated according to the portion of the year the student holds office. O. Reg. 354/18, s. 5.
(2) Despite subsection (1), the amount of the honorarium referred to in subsection 55 (8) of the Act for a student trustee elected in 2020 for a two-year term of office is,
(a) $2,500 for the period starting on the later of August 1, 2020 and the day the student is elected and ending on July 31, 2021, if they hold office for the entire period;
(b) $2,500 for the period starting on August 1, 2021 and ending July 31, 2022, if they hold office for the entire period; and
(c) if the student holds office for a portion of either period described in clause (a) or (b), $2,500 prorated according to the portion of the period the student holds office. O. Reg. 189/20, s. 3.
Board to provide names to Ministry
10. The board shall provide the Ministry with the names of the student trustees elected, not later than 30 days after the date of the election or by-election. O. Reg. 7/07, s. 10.
Centre Jules-Léger Consortium
11. (1) The Centre Jules-Léger Consortium shall ensure that the policy referred to in section 2 provides for the following matters:
1. The direct election of student trustees by students of the constituency they will represent, or the indirect election of student trustees by student representatives of the constituency they will represent.
2. The timing of the election of student trustees.
3. The terms of office of student trustees, which shall not exceed two years. O. Reg. 354/18, s. 6.
(2) The procedure and timing of elections and the terms of office of student trustees for the Centre Jules-Léger Consortium shall be as provided in the policy, despite sections 4 and 6. O. Reg. 354/18, s. 6.
(3) Despite section 3, the Centre Jules-Léger Consortium shall have three student trustees as follows:
1. One student trustee to represent students of the school continued under subsection 13 (3.1) of the Education Act.
2. One student trustee to represent students of the school continued under subsection 13 (5.1) of the Education Act.
3. One student trustee to represent students receiving the services set out in clause 13.1 (5) (b) of the Education Act. O. Reg. 354/18, s. 6.
12. Revoked: O. Reg. 7/07, s. 12 (2).
