Education Act
ONTARIO REGULATION 79/98
Amended to: O. Reg. 412/00
BY-ELECTIONS
Note: This Regulation was revoked on June 30, 2000. See: O. Reg. 412/00, s. 29.
This is the English version of a bilingual regulation.
1.In this Regulation,
“geographic area” means a geographic area established for the 1997 regular election under the Act. O. Reg. 79/98, s. 1.
2.This Regulation applies to by-elections, within the meaning of the Municipal Elections Act, 1996, held on or before March 31, 2000 to fill one or more offices on a district school board. O. Reg. 79/98, s. 2.
3.(1)Territory that is without municipal organization on the first day of the period described in paragraph 2 of subsection 65 (4) of the Municipal Elections Act, 1996 and that is the same as or is a part of territory deemed to be a district municipality under section 15 of Ontario Regulation 250/97 is deemed to be a district municipality for the purposes of this Regulation.
(2)Territory that is without municipal organization on the first day of the period described in paragraph 2 of subsection 65 (4) of the Municipal Elections Act, 1996 and that is the same as or is a part of territory deemed to be attached to a district municipality under section 15 of Ontario Regulation 250/97 is deemed to be attached to the same district municipality for the purposes of this Regulation. O. Reg. 79/98, s. 3.
4.(1)If a geographic area in which a by-election is to be held is composed of all or part of two or more municipalities, the nominations shall be submitted to the clerk of the municipality to whom nominations were submitted for the geographic area at the 1997 regular election, or to such other clerk as may have assumed his or her responsibilities in relation to by-elections.
(2)The clerk referred to in subsection (1) is the clerk for the purposes of section 76 of the Municipal Elections Act, 1996.
(3)As soon as possible after the closing of nominations, the clerk referred to in subsection (1) shall provide a list of certified candidates to the clerk of each municipality that is included in the geographic area.
(4)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 delegate such of his or her powers as may be necessary to the clerk of the municipality in which the person resides to permit the person or the person’s agent to file a nomination at the latter clerk’s office.
(5)The clerk of each municipality in the geographic area is responsible for conducting the election in the municipality.
(6)The clerk of each municipality in the geographic area shall report the vote recorded to the clerk referred to in subsection (1), who shall prepare the final summary and announce the result of the vote.
(7)The clerk referred to in subsection (1) shall forward the results of the vote and the names of the candidates who have been elected to the Education Improvement Commission. O. Reg. 79/98, s. 4.
5.Officers appointed by a board have all the same powers and duties with respect to by-elections of members of the board in areas deemed to be district municipalities as similar officers have in a municipality with respect to by-elections. O. Reg. 79/98, s. 5.
6.Officers of a municipality have all the same powers and duties with respect to by-elections of members of a board in areas deemed to be attached to the municipality as they have with respect to by-elections in any part of the area of jurisdiction of the board that is within the municipality. O. Reg. 79/98, s. 6.
7.A clerk of a municipality may delegate any of his or her powers and duties under this Regulation to election officials for another municipality, including officials acting under section 5 or 6 of this Regulation. O. Reg. 79/98, s. 7.
