PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
Qualifications of members
219 (1) A person is qualified to be elected as a member of a district school board or school authority if the person is qualified to vote for members of that district school board or that school authority and is resident in its area of jurisdiction.  1997, c. 31, s. 112. Same (2) A person who is qualified under subsection (1) to be elected as a member of a district school board or school authority is qualified to be elected as a member of that district school board or school authority for any geographic area in the district school board’s or school authority’s area of jurisdiction, regardless of which positions on that district school board or school authority the person may be qualified to vote for.  1997, c. 31, s. 112. Eligibility for re-election (3) A member of a district school board or school authority is eligible for re-election if otherwise qualified.  1997, c. 31, s. 112. Disqualifications (4) Despite subsection (1), a person is not qualified to be elected or to act as a member of a district school board or school authority if the person is, (a) an employee of a district school board or school authority; (b)  Repealed:  2002, c. 18, Sched. G, s. 9 (1). (c) the clerk or treasurer or deputy clerk or deputy treasurer of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the district school board or the school authority; (d) a member of the Assembly or of the Senate or House of Commons of Canada; or (e) otherwise ineligible or disqualified under this or any other Act.  1997, c. 31, s. 112; 1999, c. 6, s. 20 (5); 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. G, s. 9 (1). Leave of absence (5) Despite subsection (4), none of the following persons is ineligible to be a candidate for or to be elected as a member of a district school board or school authority if he or she takes an unpaid leave of absence, beginning no later than the day the person is nominated and ending on voting day: 1. An employee of a district school board or school authority. 2. The clerk, treasurer, deputy clerk or deputy treasurer of a municipality or upper-tier municipality, all or part of which is included in the area of jurisdiction of a district school board or school authority.  2002, c. 18, Sched. G, s. 9 (2). Same (5.1) Subsections 30 (2) to (7) of the Municipal Elections Act, 1996 apply with necessary modifications to an individual referred to in subsection (5).  2002, c. 18, Sched. G, s. 9 (2). (6) Repealed:  2002, c. 17, Sched. D, s. 37. Disqualification: district school board by-elections (7) Despite subsection (1), a person is not qualified to be elected in a by-election or to act as a member of a district school board if the person is, (a) a member of any other district school board, except the Centre Jules-Léger Consortium; (b) a member of a school authority; (c) a member of the council of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the district school board; or (d) an elected member of a local board, as defined in the Municipal Affairs Act, of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the district school board, and the person’s term of office has at least two months to run after the last day for filing nominations for the by-election, unless before the closing of nominations the person has filed his or her resignation with the secretary of the other district school board, with the secretary of the school authority or with the clerk of the municipality or upper-tier municipality, as the case may be.  1997, c. 31, s. 112; 2002, c. 17, Sched. F, Table; 2017, c. 34, Sched. 12, s. 3. Disqualification: school authority by-elections (8) Despite subsection (1), a person is not qualified to be elected in a by-election or to act as a member of a school authority if the person is, (a) a member of any other school authority; (b) a member of a district school board; (c) a member of the council of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the school authority; or (d) an elected member of a local board, as defined in the
Municipal Affairs Act, of a municipality or an upper-tier municipality, all or part of which is included in the area of jurisdiction of the school authority, and the person’s term of office has at least two months to run after the last day for filing nominations for the by-election, unless before the closing of nominations the person has filed his or her resignation with the secretary of the other school authority, with the secretary of the district school board or with the clerk of the municipality or upper-tier municipality, as the case may be.  1997, c. 31, s. 112; 2002, c. 17, Sched. F, Table. Qualification to act as a member (9) A person is not qualified to act as a member of a district school board or school authority if the person ceases to hold the qualifications required to be elected as a member of the district school board or the school authority.  1997, c. 31, s. 112. Person not to be candidate for more than one seat (10) No person shall run as a candidate for more than one seat on a district school board or school authority and any person who does so and is elected to hold one or more seats on the district school board or the school authority is not entitled to act as a member of the district school board or the school authority by reason of the election.  1997, c. 31, s. 112. Vacancy where member disqualified (11) The seat of a member of a district school board or school authority who is not qualified or entitled to act as a member of that district school board or that school authority is vacated.  1997, c. 31, s. 112. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998 2002, c. 17, Sched. D, s. 37 - 01/01/2003; 2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. G, s. 9 (1, 2) - 01/01/2003 2017, c. 34, Sched. 12, s. 3 - 14/12/2017