hordruma/ontario_laws_and_regs huggingface dataset:
PART VI BOARDS
Responsibility of officers
199 Every officer appointed by a board is responsible to the board through its chief executive officer for the performance of the duties assigned to him or her by the board.  R.S.O. 1990, c. E.2, s. 199. 200 Repealed:  2009, c. 25, s. 21. Section Amendments with date in force (d/m/y) 2009, c. 25, s. 21
- 15/12/2009 201 Repealed:  2009, c. 25, s. 21. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 103 - 01/01/1998 2009, c. 25, s. 21
- 15/12/2009 202 Repealed:  2009, c. 25, s. 21. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 104 (1, 2) - 01/01/1998 2009, c. 25, s. 21
- 15/12/2009 203-205 Repealed:  2009, c. 25, s. 21. Section Amendments with date in force (d/m/y) 2009, c. 25, s. 21
- 15/12/2009 206 Repealed:  1997, c. 31, s. 105. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 105 - 01/01/1998 Access to Meetings and Records
PART VI BOARDS
Open meetings of boards
207 (1) Subject to subsections (2) and (2.1), the meetings of a board and the meetings of a committee of the board, including a committee of the whole board, shall be open to the public, and no person shall be excluded from a meeting that is open to the public except for improper conduct. R.S.O. 1990, c. E.2, s. 207 (1); 2014, c. 13, Sched. 9, s. 19 (1). Closing of certain committee meetings (2) A meeting of a committee of a board, including a committee of the whole board, may be closed to the public when the subject-matter under consideration involves, (a) the security of the property of the board; (b) the disclosure of intimate, personal or financial information in respect of a member of the board or committee, an employee or prospective employee of the board or a pupil or his or her parent or guardian; (c) the acquisition or disposal of a school site; (d) decisions in respect of negotiations with employees of the board; or (e) litigation affecting the board.  R.S.O. 1990, c. E.2, s. 207 (2); 2021, c. 4, Sched. 11, s. 7 (1). Closing of meetings re certain investigations (2.1) A meeting of a board or of a committee of a board, including a committee of the whole board, shall be closed to the public when the subject-matter under consideration involves an ongoing investigation under the Ombudsman Act respecting the board. 2014, c. 13, Sched. 9, s. 19 (2). Exclusion of persons (3) The presiding officer may expel or exclude from any meeting any person who has been guilty of improper conduct at the meeting.  R.S.O. 1990, c. E.2, s. 207 (3). Inspection of books and accounts (4) Any person may, at all reasonable hours, at the head office of the board inspect the minute book, the audited annual financial report and the current accounts of a board, and, upon the written request of any person and upon the payment to the board at the rate of 25 cents for every 100 words or at such lower rate as the board may fix, the secretary shall furnish copies of them or extracts therefrom certified under the secretary’s hand.  R.S.O. 1990, c. E.2, s. 207 (4). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 9, s. 19 (1, 2) - 01/09/2015 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021 Board Meetings
PART VI BOARDS
Regulations: electronic meetings
208.1 (1) The Lieutenant Governor in Council may make regulations, (a) respecting the use of electronic means for the holding of meetings of a board and meetings of a committee of a board, including a committee of the whole board; (b) prescribing the circumstances in which a member of a board is required to be physically present in the meeting room of a board for meetings of the board; (c) authorizing or requiring a board to develop and implement policies with respect to any matter referred to in clause (a) and governing the content of such policies. 2020, c. 7, Sched. 9, s. 1. Same (2) A regulation under clause (1) (a) may provide that a board member who participates in a meeting through electronic means shall be deemed to be present at the meeting for the purposes of this and every other Act, subject to such conditions or limitations as may be provided for in the regulation. 2020, c. 7, Sched. 9, s. 1. Same (3) A regulation under clause (1) (a) may provide for participation in meetings through electronic means by members of the board, student trustees and members of the public. 2020, c. 7, Sched. 9, s. 1. Same (4) A regulation under clause (1) (b) may set out rules with respect to periods of time before the regulation is filed. 2020, c. 7, Sched. 9, s. 1. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 107 - 01/01/1998 2002, c. 18, Sched. G, s. 8 - 26/11/2002 2006, c. 10, s. 18 - 07/07/2006 2020, c. 7, Sched. 9, s. 1 - 05/06/2020
PART VI BOARDS
Declaration
209 (1) Except as provided in subsection (2), every person elected or appointed to a board, on or before the day fixed for the first meeting of the new board, or on or before the day of the first meeting that the person attends, shall make and subscribe the following declaration in English or French before the secretary of the board or before any person authorized to administer an oath or affirmation and in default the person shall be deemed to have resigned: 1. I solemnly declare that I am not disqualified under any Act from being a member of (name of board). 2. I solemnly declare that I will truly, faithfully, impartially and to the best of my ability execute the office of board member, and that I have not received and will not receive any payment or reward or promise thereof for the exercise of any partiality or malversation or other undue execution of the said office and that I will disclose any pecuniary interest, direct or indirect, as required by and in accordance with the Municipal Conflict of Interest Act. R.S.O. 1990, c. E.2, s. 209 (1); 1997, c. 31, s. 108 (1); 2009, c. 25, s. 23 (1). Idem (2) Where a person is elected or appointed to fill a vacancy on a board, the person shall make such declaration on or before the day fixed for holding the first meeting of the board after his or her election or appointment or on or before the day of the first meeting that the person attends and in default the person shall be deemed to have resigned.  R.S.O. 1990, c. E.2, s. 209 (2). Oath or affirmation (3) Every person elected or appointed to a board, before entering on his or her duties as a board member, may take and subscribe before the secretary of the board or before any person authorized to administer an oath the oath or affirmation of allegiance in the following form, in English or French: I swear (affirm) that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth II (or the reigning sovereign for the time being). 2009, c. 25, s. 23 (2). Filing of declaration and oath (4) The declaration and, if any, the oath or affirmation of allegiance shall be filed with the secretary of the board within eight days after it is made or taken, as the case may be.  2009, c. 25, s. 23 (3). Section Amendments with date in force (d/m/y) 1994, c. 23, s. 65 - no effect - see 2002, c. 17, Sched. F - 01/01/2003; 1997, c. 31, s. 108 (1, 2) - 01/01/1998 2009, c. 25, s. 23 (1-3) - 15/12/2009 210 Repealed:  2009, c. 25, s. 24. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 109 - 01/01/1998 2009, c. 25, s. 24
- 15/12/2009 Offences and Penalties
PART VI BOARDS
Disturbances
212 (1) Every person who wilfully interrupts or disquiets the proceedings of a school or class is guilty of an offence and on conviction is liable to a fine of not more than $200.  R.S.O. 1990, c. E.2, s. 212 (1). Idem (2) Every person who, with intent to prevent the discussion of any matter or the passing of any motion at a meeting of a board, or a committee of a board including a committee of the whole board disrupts or endeavours to disturb or interrupt the meeting after having been expelled or excluded from the meeting is guilty of an offence and on conviction is liable to a fine of not more than $200.  R.S.O. 1990, c. E.2, s. 212 (2).
PART VI BOARDS
Acting while disqualified, etc.
213 (1) Every member of a board who sits or votes at any meeting of the board after becoming disqualified from sitting is guilty of an offence and on conviction is liable to a fine of not more than $200 for every meeting at which he or she so sits or votes.  R.S.O. 1990, c. E.2, s. 213 (1). False reports and registers (2) Every member of a board who knowingly signs a false report and every teacher who keeps a false school register or makes a false return is guilty of an offence and on conviction is liable to a fine of not more than $200.  R.S.O. 1990, c. E.2, s. 213 (2). 214-216 Repealed:  1997, c. 31, s. 110. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 110 - 01/01/1998
PART VI BOARDS
Promotion or sale of books, etc., by employees of board or Ministry to board, pupil, etc., prohibited
217 (1) No teacher, supervisory officer or other employee of a board or of the Ministry shall, for compensation of any kind other than his or her salary as such employee, promote, offer for sale or sell, directly or indirectly, any book or other teaching or learning materials, equipment, furniture, stationery or other article to any board, provincial school or teachers’ college, or to any pupil enrolled therein.  R.S.O. 1990, c. E.2, s. 217 (1). Exception for authors (2) Subsection (1) does not apply to a teacher, supervisory officer or any other employee in respect of a book or other teaching or learning materials of which he or she is an author where the only compensation that he or she receives in respect thereof is a fee or royalty thereon.  R.S.O. 1990, c. E.2, s. 217 (2). Employment of employee of board or Ministry to promote sale of books, etc., to board, pupil, etc., prohibited (3) No person or organization or agent thereof shall employ a teacher, supervisory officer or other employee of a board or of the Ministry to promote, offer for sale or sell, directly or indirectly, any book or other teaching or learning materials, equipment, furniture, stationery or other article to any board, provincial school or teachers’ college, or to any pupil enrolled therein, or shall, directly or indirectly, give or pay compensation to any such teacher, supervisory officer or employee for such purpose.  R.S.O. 1990, c. E.2, s. 217 (3). Penalty (4) Every person who contravenes any provision of subsection (1) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $1,000.  R.S.O. 1990, c. E.2, s. 217 (4). Validity of Elections
PART VI BOARDS
Application for declaration that seat vacant
218 (1) Any person entitled to vote at the election of members of a board may commence an application in the Superior Court of Justice for a declaration that the office of a member of such board has become vacant.  R.S.O. 1990, c. E.2, s. 218 (1); 1996, c. 32, s. 70 (5); 1997, c. 31, s. 111 (1); 2000, c. 11, s. 21. Time limit for bringing application (2) No application shall be commenced under this section more than ninety days after the facts alleged to cause the vacancy in the board came to the knowledge of the person bringing such application.  R.S.O. 1990, c. E.2, s. 218 (2); 1996, c. 32, s. 70 (6). Power of court (3) Where in an application under this section the court finds that the office of a member of the board has become vacant, the court may order that the member be removed from office and declare that the office is vacant.  R.S.O. 1990, c. E.2, s. 218 (3); 1996, c. 32, s. 70 (7). Application of Municipal Elections Act, 1996 (4) Subsection 83 (3) and sections 85, 86 and 87 of the Municipal Elections Act, 1996 apply to an application made under this section, with necessary modifications.  1996, c. 32, s. 70 (8). Joining of claims (5) A claim in an application under this section may be joined with a claim in an application under section 83 of the Municipal Elections Act, 1996, and the claims may be heard and disposed of together.  1996, c. 32, s. 70 (8). Validity of elections and corrupt practices (6) The provisions of the Municipal Elections Act, 1996 in respect of the validity of elections and corrupt practices apply to an election of board members that is not conducted under the Municipal Elections Act, 1996.  R.S.O. 1990, c. E.2, s. 218 (6); 1996, c. 32, s. 70 (9); 1997, c. 31, s. 111 (2). Section Amendments with date in force (d/m/y) 1996, c. 32, s. 70 (5-9) - 19/12/1996; 1997, c. 31, s. 111 (1, 2) - 01/01/1998 2000, c. 11, s. 21
- 23/06/2000 Conduct of Members of School Boards
PART VI BOARDS
Duties of board members
218.1 A member of a board shall, (a) carry out his or her responsibilities in a manner that assists the board in fulfilling its duties under this Act, the regulations and the guidelines issued under this Act, including but not limited to the board’s duties under section 169.1; (b) attend and participate in meetings of the board, including meetings of board committees of which he or she is a member; (c) consult with parents, students and supporters of the board on the board’s multi-year plan under clause 169.1 (1) (f); (d) bring concerns of parents, students and supporters of the board to the attention of the board; (e) uphold the implementation of any board resolution after it is passed by the board; (f) entrust the day to day management of the board to its staff through the board’s director of education; (g) maintain focus on student achievement and well-being; and (h) comply with the board’s code of conduct.  2009, c. 25, s. 25. Section Amendments with date in force (d/m/y) 2009, c. 25, s. 25 - 15/12/2009
PART VI BOARDS
Code of conduct
218.2 (1) A board may adopt a code of conduct that applies to the members of the board.  2009, c. 25, s. 25. Minister’s regulations (2) The Minister may make regulations, (a) requiring a board to adopt a code of conduct under subsection (1); (b) governing codes of conduct that apply to board members, whether permitted or required under this section, including, (i) prescribing codes of conduct or parts of codes of conduct, and (ii) prescribing matters to be addressed by codes of conduct.  2009, c. 25, s. 25; 2011, c. 9, Sched. 10, s. 2. Note: On a day to be named by proclamation of the Lieutenant Governor, section 218.2 of the Act is repealed and the following substituted: (See: 2023, c. 11, Sched. 2, s. 24) Code of conduct 218.2 (1) A board shall adopt a code of conduct that applies to the members of the board. 2023, c. 11, Sched. 2, s. 24. Regulations (2) The Minister may make regulations governing codes of conduct that apply to board members, including, (a) prescribing codes of conduct or parts of codes of conduct; (b) prescribing matters to be addressed by codes of conduct. 2023, c. 11, Sched. 2, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 25, s. 25
- 15/12/2009 2011, c. 9, Sched. 10, s. 2 - 12/05/2011 2023, c. 11, Sched. 2, s. 24 - not in force
PART VI BOARDS
Additional duties of chair
218.4 In addition to any other duties under the Act, the chair of a board shall, (a) preside over meetings of the board; (b) conduct the meetings in accordance with the board’s procedures and practices for the conduct of board meetings; (c) establish agendas for board meetings, in consultation with the board’s director of education or the supervisory officer acting as the board’s director of education; (d) ensure that members of the board have the information needed for informed discussion of the agenda items; (e) act as spokesperson to the public on behalf of the board, unless otherwise determined by the board; (f) convey the decisions of the board to the board’s director of education or the supervisory officer acting as the board’s director of education; (g) provide leadership to the board in maintaining the board’s focus on the multi-year plan established under section 169.1; (h) provide leadership to the board in maintaining the board’s focus on the board’s mission and vision; and (i) assume such other responsibilities as may be specified by the board.  2009, c. 25, s. 25. Section Amendments with date in force (d/m/y) 2009, c. 25, s. 25 - 15/12/2009 PART VII 
BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
Members to remain in office
220 (1) The members of a board shall remain in office until their successors are elected and the new board is organized.  1997, c. 31, s. 112. Board not to cease for want of members (2) A board does not cease to exist by reason only of the lack of members.  1997, c. 31, s. 112. Resignation of members (3) A member of a board, with the consent of a majority of the members present at a meeting, entered on the minutes of it, may resign as a member, but he or she shall not vote on a motion as to his or her own resignation and may not resign as a member if the resignation will reduce the number of members of the board to less than a quorum.  1997, c. 31, s. 112. Resignation to become candidate for some other office (4) Despite subsection (3), where it is necessary for a member of a board to resign to become a candidate for some other office, the member may resign by filing his or her resignation, including a statement that the resignation is for the purpose of becoming a candidate for some other office, with the secretary of the board and the resignation shall become effective on November 30 after it is filed or on the day preceding the day on which the term of the office commences, whichever is the earlier.  1997, c. 31, s. 112. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998
PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
Vacancies
221 (1) Subject to section 224, if the office of a member of a board becomes vacant before the end of the member’s term, (a) the remaining elected members shall appoint a qualified person to fill the vacancy within 90 days after the office becomes vacant, if a majority of the elected members remain in office; or (b) a by-election shall be held to fill the vacancy, in the same manner as an election of the board, if a majority of the elected members do not remain in office.  1997, c. 31, s. 112; 2009, c. 25, s. 26. Optional election (2) Despite clause (1) (a), if members of the board are elected under the Municipal Elections Act, 1996, the remaining elected members may by resolution require that an election be held in accordance with that Act to fill the vacancy if the vacancy occurs, (a) in a year in which no regular election is held under that Act; (b) before April 1 in the year of a regular election; or (c) after the new board is organized in the year of a regular election.  2002, c. 18, Sched. G, s. 10. Same (3) The secretary of the board shall promptly send to the clerk of the appropriate municipality a certified copy of the resolution under subsection (2).  1997, c. 31, s. 112. Notice re clause (1) (b) (4) Where clause (1) (b) applies, the secretary of the board shall promptly send to the clerk of the appropriate municipality a notice that clause (1) (b) applies and the notice shall be deemed to be a resolution indicating a by-election is required for the purposes of section 65 of the Municipal Elections Act, 1996.  1997, c. 31, s. 112. Term of office (5) A member appointed or elected to fill a vacancy shall hold office for the remainder of the term of the member who vacated the office.  1997, c. 31, s. 112. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998 2002, c. 18, Sched. G, s. 10 - 26/11/2002 2009, c. 25, s. 26
- 15/12/2009
PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
Elections for three member boards
222 (1) If an election is required to fill a vacancy on a board that is composed of three members and there are fewer than two remaining members of the board, a meeting of the electors may be called by any two electors of the board or by the appropriate supervisory officer.  1997, c. 31, s. 112. Time of meeting (2) The meeting shall take place within 60 days of the date on which the last office became vacant.  1997, c. 31, s. 112. Notice of meeting (3) At least six days before the meeting, the person or persons calling the meeting shall post a notice of the meeting in at least three public places within the area of jurisdiction of the board.  1997, c. 31, s. 112. Election at meeting (4) The electors at the meeting shall elect the required number of board members to fill the vacancies.  1997, c. 31, s. 112. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998
PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
Vacancy in rural separate school board before incorporation
223 (1) If a vacancy occurs in the office of a member of the board of a rural separate school before the board members become a body corporate, the remaining board members shall promptly take steps to hold a by-election to fill the vacancy, and the person elected shall hold office for the remainder of the term of the board member who vacated the office.  1997, c. 31, s. 112. Manner of election (2) The by-election shall be conducted in the same manner as an election of the whole board.  1997, c. 31, s. 112. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998
PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
Vacancies near election times
224 Where a vacancy occurs on a board, (a) within one month before the next election, it shall not be filled; or (b) after the election, but before the new board is organized, it shall be filled immediately after the new board is organized in the same manner as for a vacancy that occurs after the board is organized.  1997, c. 31, s. 112. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998
PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
Election to fill vacancy
225 (1) Where an election is required to fill a vacancy on a board that is composed of more than three members and whose elections are not conducted under the Municipal Elections Act, 1996, the nomination shall be held on the third Monday following the day on which the office becomes vacant and the polling shall be held on the second Monday following the day of nomination, and the nomination and polling shall be held in the same manner and at the same times as for the office that became vacant.  1997, c. 31, s. 112. Extension of time limits (2) The remaining members of the board may extend the time for the nomination and the polling under subsection (1), but the polling shall be held no later than 60 days after the office becomes vacant.  1997, c. 31, s. 112. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998
PART VII BOARD MEMBERS — QUALIFICATIONS, RESIGNATIONS AND VACANCIES
Appointment of board members on failure of qualified person
226 (1) Where the appropriate supervisory officer reports that no qualified persons or an insufficient number of qualified persons are available or that the electors have failed to elect a sufficient number of members of a district school area board to form a quorum, the Minister may appoint as members of the board such persons as the Minister may consider proper, and the persons so appointed have, during the term of such appointment, all the authority of board members as though they were eligible and duly elected according to this Act.  1997, c. 31, s. 112. Interim administration pending by-elections (2) Where under this Act vacancies on a board are required to be filled by an election to be conducted under the Municipal Elections Act, 1996 and no election can be held under that Act, the Minister may by order provide for the fulfilling of the duties and obligations of the board until such time as an election is held in accordance with the Municipal Elections Act, 1996 and the members so elected have taken office.  1997, c. 31, s. 112. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 112 - 01/01/1998