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O. Reg. 42/10: Elections to and Representation on District School Boards

filed February 26, 2010 under Education Act, R.S.O. 1990, c. E.2

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ontario regulation 42/10

made under the

Education Act

Made: February 24, 2010
 Filed: February 26, 2010
Published on e-Laws: March 2, 2010
Printed in The Ontario Gazette: March 13, 2010

Amending O. Reg. 412/00

(Elections to and Representation on District School Boards)

1. Ontario Regulation 412/00 is amended by striking out the following heading before section 1:

PART I
GENERAL

2. The Regulation is amended by adding the following section after the heading “Determination of Number of Members”:

2.1 The number of members of a board for the purposes of a regular election is the number of members determined under subsection 58.1 (10.0.1) or (10.0.3) of the Act, subject to,

(a) any reduction in the number of members pursuant to a resolution passed under subsection 58.1 (10.1) of the Act; and

(b) the rules set out in section 3 of this Regulation.

3. (1) Subsection 3 (1) of the Regulation is revoked and the following substituted:

(1) If there has been a demographic change in a board’s geographical area of jurisdiction or a change in the size of the board’s geographical area of jurisdiction, a board may, not later than March 31 in an election year, determine the number of members to be elected to the board in accordance with this section.

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

(2) For the purposes of this section, the number of members of a board is determined as follows:

. . . . .

(3) Paragraphs 5 and 6 of subsection 3 (2) of the Regulation are revoked and the following substituted:

5. Take the number of members based on population determined under paragraph 2, plus the number of additional members determined under paragraph 3 or 4, whichever is greater.

6. Take the greater of,

i. the number determined under paragraph 5, and

ii. the number set out in Table 6 for the day school average daily enrolment of pupils of the board within the meaning of the most recent regulations made under section 234 of the Act, not counting pupils enrolled in junior kindergarten.

7. The number of members of the board is the greater of the numbers determined under paragraph 6 and section 2.1, subject to any reduction in the number of members pursuant to a resolution passed under subsection 58.1 (10.1) of the Act.

(4) Subsection 3 (3) of the Regulation is revoked.

4. Section 5 of the Regulation is amended by adding the following subsection:

(2) If a board requests the Minister to increase its number of members under subsection 58.1 (10.0.2) of the Act, the board shall, not later than May 3, 2010, distribute the positions of the members to be elected to the board at the 2010 regular election in accordance with section 6 or 7, whichever is applicable.

5. The definition of “b” in paragraph 1 of subsection 6 (1) of the Regulation is revoked and the following substituted:

b = the total number of members determined for the board under section 2.1,

6. The definition of “b” in paragraph 1 of subsection 7 (1) of the Regulation is revoked and the following substituted:

b = the total number of members determined for the board under section 2.1,

7. Section 8 of the Regulation is revoked.

8. (1) Subsection 9 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

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

. . . . .

(2) Section 9 of the Regulation is amended by adding the following subsection:

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

(a) May 3, 2010, for the purposes of the 2010 regular election, if a board requests the Minister to increase its number of members under subsection 58.1 (10.0.2) of the Act; or

(b) April 3 in the election year, in all other cases.

9. (1) Subsection 10 (4) of the Regulation is revoked and the following substituted:

(4) The appeal must be commenced not later than,

(a) May 20, 2010, for the purposes of the 2010 regular election, if a board requests the Minister to increase its number of members under subsection 58.1 (10.0.2) of the Act; or

(b) April 21 in the election year, in all other cases.

(2) Subsection 10 (6) of the Regulation is revoked and the following substituted:

(6) The secretary of the board shall  forward any notices of appeal to the Ontario Municipal Board by,

(a) May 25, 2010, for the purposes of the 2010 regular election, if a board requests the Minister to increase its number of members under subsection 58.1 (10.0.2) of the Act; or

(b) April 25 in the election year, in all other cases.

10. Part II (ss. 12, 13) of the Regulation is revoked.

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

TABLE 1
BOARD AREAS

Item

Name of Board

Area (km2)

1.

District School Board Ontario North East

24,922

2.

Algoma District School Board

9,623

3.

Rainbow District School Board

14,757

4.

Near North District School Board

17,020

5.

Keewatin-Patricia District School Board

7,245

6.

Rainy River District School Board

10,552

7.

Lakehead District School Board

5,274

8.

Superior-Greenstone District School Board

18,959

9.

Bluewater District School Board

8,686

10.

Avon Maitland District School Board

5,639

11.

Greater Essex County District School Board

1,872

12.

Lambton Kent District School Board

5,505

13.

Thames Valley District School Board

7,278

14.

Toronto District School Board

634

15.

Durham District School Board

1,963

16.

Kawartha Pine Ridge District School Board

6,998

17.

Trillium Lakelands District School Board

12,133

18.

York Region District School Board

1,774

19.

Simcoe County District School Board

4,901

20.

Upper Grand District School Board

4,192

21.

Peel District School Board

1,255

22.

Halton District School Board

973

23.

Hamilton-Wentworth District School Board

1,127

24.

District School Board of Niagara

1,883

25.

Grand Erie District School Board

4,067

26.

Waterloo Region District School Board

1,383

27.

Ottawa-Carleton District School Board

2,806

28.

Upper Canada District School Board

12,112

29.

Limestone District School Board

7,193

30.

Renfrew County District School Board

8,740

31.

Hastings and Prince Edward District School Board

7,200

32.

Northeastern Catholic District School Board

25,464

33.

Nipissing-Parry Sound Catholic District School Board

10,597

34.

Huron-Superior Catholic District School Board

9,815

35.

Sudbury Catholic District School Board

9,317

36.

Northwest Catholic District School Board

11,965

37.

Kenora Catholic District School Board

3,070

38.

Thunder Bay Catholic District School Board

4,936

39.

Superior North Catholic District School Board

18,716

40.

Bruce-Grey Catholic District School Board

8,686

41.

Huron Perth Catholic District School Board

5,639

42.

Windsor-Essex Catholic District School Board

1,872

43.

London District Catholic School Board

7,278

44.

St. Clair Catholic District School Board

5,505

45.

Toronto Catholic District School Board

634

46.

Peterborough Victoria Northumberland and Clarington Catholic District School Board

10,324

47.

York Catholic District School Board

1,774

48.

Dufferin-Peel Catholic District School Board

2,751

49.

Simcoe Muskoka Catholic District School Board

10,640

50.

Durham Catholic District School Board

1,963

51.

Halton Catholic District School Board

973

52.

Hamilton-Wentworth Catholic District School Board

1,127

53.

Wellington Catholic District School Board

2,696

54.

Waterloo Catholic District School Board

1,383

55.

Niagara Catholic District School Board

1,883

56.

Brant Haldimand Norfolk Catholic District School Board

4,067

57.

Catholic District School Board of Eastern Ontario

12,112

58.

Ottawa Catholic District School Board

2,806

59.

Renfrew County Catholic District School Board

7,851

60.

Algonquin and Lakeshore Catholic District School Board

16,101

61.

Conseil scolaire de district du Nord-Est de l’Ontario

46,499

62.

Conseil scolaire de district du Grand Nord de l’Ontario

65,681

63.

Conseil scolaire de district du Centre Sud-Ouest

68,014

64.

Conseil des écoles publiques de l’Est de l’Ontario

38,041

65.

Conseil scolaire de district catholique des Grandes Rivières

25,452

66.

Conseil scolaire de district catholique Franco-Nord

10,597

67.

Conseil scolaire de district catholique du Nouvel-Ontario

19,226

68.

Conseil scolaire de district catholique des Aurores boréales

38,587

69.

Conseil scolaire de district des écoles catholiques du Sud-Ouest

28,980

70.

Conseil scolaire de district catholique Centre-Sud

40,407

71.

Conseil scolaire de district catholique de l’Est ontarien

5,326

72.

Conseil scolaire de district catholique du Centre-Est de l’Ontario

33,543

12. Item 13 of Table 5 of the Regulation is revoked and the following substituted:

 

13.

Conseil des écoles publiques de l’Est de l’Ontario

11.9

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

(2) Section 10 comes into force on December 1, 2010.

 

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