jswizzle3737/ontario_laws_and_regs huggingface dataset:
Population Data
3.If a municipality or ward that is to be used for the election is composed of a part of one or more of the municipalities or wards in respect of which results were provided under subsections 230 (6) and 329 (3) of the Act and the boundaries of the municipality or ward are established for the purpose of electing members to boards more than seven days after the date of filing of this Regulation, the municipalities and wards that existed on January 1, 1997 shall be deemed to exist for purposes of the election, and this Regulation and other applicable law shall apply to such municipalities and wards as if their boundaries had not changed since January 1, 1997. O. Reg. 250/97, s. 3. Identification of Municipalities by Supervisory Officer and Meeting
Identification of Municipalities by Supervisory Officer and Meeting
4.(1)A supervisory officer shall identify the three municipalities within the area of jurisdiction of the board that have successively the largest populations of the relevant electoral group. (2)Subject to subsections (3) and (4), the identification shall be based on the results provided under subsections 230 (6) and 329 (3) of the Act or on any results or estimate under section 2. O. Reg. 250/97, s. 4 (1, 2). (3)The identification shall not be based on the results or estimate under section 2 if the municipality or ward to be used for the election does not exist at the time the identification is made unless an order has been implemented under section 25.2 or 25.3 of the Municipal Act making a person responsible for conducting the election in the municipality or unless the election in the municipality will be conducted by the person designated under paragraph 2 of section 23 of the City of Toronto Act, 1997. O. Reg. 279/97, s. 2. (4)If two or more English-language public district school boards, English-language separate district school boards, French-language public district school boards or French-language separate district school boards have jurisdiction in the same municipality and the boundary between them is also a boundary between wards in the municipality, the identification shall be based on the sum of the results for the relevant electoral group in the wards of the municipality in the area of jurisdiction of the board. (5)The supervisory officer is, (a) for English-language public district school boards, the appropriate English-language supervisory officer of the board of education, other than a board of education that operates only French-language instructional units, that has jurisdiction in the municipality in the area of jurisdiction of the board having the largest population of the relevant electoral group; (b) for English-language separate district school boards, the appropriate English-language supervisory officer of the county or district combined separate school board, other than a county combined separate school board that operates only French-language instructional units, that has jurisdiction in the municipality in the area of jurisdiction of the board having the largest population of the relevant electoral group; (c) for French-language public district school boards, the appropriate French-language supervisory officer of the board of education, other than a board of education that may not operate a school or class under Part XII of the Act, that has jurisdiction in the municipality in the area of jurisdiction of the board having the largest population of the relevant electoral group; (d) for French-language separate district school boards, the appropriate French-language supervisory officer of the county or district combined separate school board, other than a county combined separate school board that may not operate a school or class under Part XII of the Act, that has jurisdiction in the municipality in the area of jurisdiction of the board having the largest population of the relevant electoral group. O. Reg. 250/97, s. 4 (4, 5).
Identification of Municipalities by Supervisory Officer and Meeting
5.(1)The supervisory officer shall take all necessary steps to convene a meeting of the clerks of the three municipalities within the area of jurisdiction of the board that have successively the largest populations of the relevant electoral group. (2)The Commission shall establish one committee for each board. (3)As soon as possible after the start date, the Commission shall provide, in writing, the names and addresses of the members of the committee to, (a) the clerks referred to in subsection (1); (b) the secretary of each existing board whose members are elected by members of an electoral group that is part of the relevant electoral group; and (c) the supervisory officer. (4)On receipt of the names and addresses of the committee members, the supervisory officer shall give at least two days notice of the time and place of the meeting to the members of the committee, who may attend the meeting. (5)If the supervisory officer does not receive the names and addresses of all of the committee members within three days after the start date, the Commission, (a) has the powers and duties of the committee under this Regulation until the supervisory officer receives all the names and addresses; and (b) may appoint a representative to exercise any powers and duties of the Commission under clause (a) and to attend the meeting on its behalf. (6)The supervisory officer shall give at least two days notice of the time and place of the meeting to any other clerk who is the clerk of a municipality that is divided into wards situated within the area of jurisdiction of the board. (7)The supervisory officer shall convene the meeting within 10 days after the start date. O. Reg. 250/97, s. 5. Determination And Distribution of Board Members
Determination And Distribution of Board Members
6.(1)At the meeting, the clerks shall, (a) determine the population of the relevant electoral group, the board area and its density; and (b) determine the number of members of the board in accordance with section 7. (2)Subject to subsection (3), a determination of the number of members of the board under section 7 and a distribution of members under section 8 or 9 shall be based on the results provided to the clerks by the assessment commissioner under subsections 230 (6) and 329 (3) of the Act. (3)If the results provided to the clerks by the assessment commissioner are for municipalities or wards that are not to be used for purposes of the election, (a) the result for a municipality that has the same boundaries as a ward that is to be used for the election is the result for the ward; (b) if a municipality or ward that is to be used for the election is composed of not less than all of one or more of the municipalities or wards in respect of which results were provided under subsections 230 (6) and 329 (3) of the Act, the result for the municipality or ward is the sum of the results for the relevant electoral group for each of the municipalities and wards of which the municipality or ward is composed; (c) if a municipality or ward that is to be used for the election is composed of a part of one or more of the municipalities or wards in respect of which results were provided under subsections 230 (6) and 329 (3) of the Act, the result for the municipality or ward is the result or estimate provided under section 2; (d) the result for a group of adjacent municipalities and wards in respect of which a direction has been given is the sum of the results for the relevant electoral group for each of the municipalities and wards; and (e) if a municipality or ward that is to be used for the election is composed of one or more municipalities or wards in respect of which results were provided under subsections 230 (6) and 329 (3) of the Act and territory outside the area of jurisdiction of the board, those results are the result for the part of the municipality or ward within the area of jurisdiction of the board. O. Reg. 250/97, s. 6. Determination of Number of Board Members
Determination of Number of Board Members
7.(1)Subject to an addition of members pursuant to regulations made under subclause 327 (3) (d) (vi) or (vii) of the Act, the number of members for a board shall be determined by applying the following rules in order, beginning with rule 1: 1. Subject to rules 2 and 3, a board shall have the number of members set out in Column 2 of Table 1 opposite the population of the relevant electoral group for the board set out in Column 1 of that Table. 2. Subject to rule 3, and in addition to the number of members determined under rule 1, a board shall have the number of members set out in Column 2 of Table 2 opposite the density for the board set out in Column 1 of that Table. 3. The number of additional members that a board shall have as a result of the application of rule 2 shall not exceed the number set out in Column 2 of Table 3 opposite the board area set out in Column 1 of that Table. (2)Forthe purpose of rule 2 of subsection (1), the calculation of density shall be correct to two decimal places, with the number 0.005 being raised to 0.01. O. Reg. 250/97, s. 7. Distribution of Members of High Density Boards
Distribution of Members of Low Density Boards
9.(1)A distribution of the members of a board determined to be a low density board under section 7 shall be made, in accordance with the rules set out in subsection (2), in respect of the geographic areas identified under rule 3 of that subsection. (2)Themembers of a low density board shall be distributed by applying the following rules in order, beginning with rule 1: 1. Adjust the number of population member positions and the number of density member positions so that the population member positions form at least a simple majority of the member positions determined under section 7. 2. Calculate the electoral quotient for the population member positions for each municipality and ward using the following formula:  *****EQUATION*****  where

a

=

the population of the relevant electoral group that is resident in the municipality or ward,


 

b

=

the total number of population member positions for the board as adjusted under rule 1,


 

c

=

the total population of the relevant electoral group. 3. Identify geographic areas composed of, i. one or more municipalities, ii. one or more wards in a municipality, or iii. any combination of municipalities and wards. 4. Add a number to the sum of the electoral quotients for each geographic area such that the total of the numbers added equals the number of density member positions as adjusted under rule 1. 5. The number of members for a geographic area in a low density board shall be, as nearly as practicable, the sum determined under rule 4. (3)The clerks shall carry out all the actions required by rules 1, 2 and 5 of subsection (2). (4)The committee shall carry out all the actions required by rules 3 and 4 of subsection (2), having regard to the following principles: 1. Municipalities and wards with a low population of the relevant electoral group should receive reasonable representation. 2. Evidence of historic, traditional or geographic communities within the relevant electoral group should be taken into account. 3. To the extent possible, geographic areas to which member positions are distributed should coincide with school communities. 4. Representation should not deviate unduly from the principle of representation by population. (5)Despite subsection (4), on any vote taken by the members of the committee in respect of the application of rules 3 and 4 of subsection (2) that results in a tie, the clerks shall break the tie by majority vote. (6)Any other clerk who is the clerk of a municipality that is divided into wards situated within the area of jurisdiction of the board may make recommendations to the committee in respect of the distribution of members to be made to wards in his or her municipality. O. Reg. 250/97, s. 9.
Distribution of Members of Low Density Boards
10.A committee whose powers and duties have been exercised by the Commission or its representative under subsection 5 (5) shall adopt or vary the actions taken by the Commission or its representative in the exercise of those powers and duties before taking any actions on its own behalf under this Regulation. O. Reg. 250/97, s. 10.
Distribution of Members of Low Density Boards
11.(1)On completion of the determination and distribution of members of the board, the clerks shall prepare a report consisting of, (a) the results of the determination and distribution; (b) a copy of any direction received under subsection 2 (7) or (8); and (c) a copy of the data and calculations by which the determination and the distribution were made, including a copy of any estimate received under subsection 2 (9). (2)The clerks shall provide a copy of the report to the committee. (3)The committee shall review the report and submit its comments in writing to the clerks within three days after receiving the report. (4)After considering the comments, the clerks shall confirm or vary their original determination or distribution. (5)The clerks shall confirm their original determination and distribution if no comments are received within the allotted time. (6)Within 28 days after the start date, the clerk of the municipality having the largest population of the relevant electoral group shall send the supervisory officer a copy of, (a) the final results of the determination and distribution; (b) any direction received under subsection 2 (7) or (8); and (c) the data and calculations by which the final determination and distribution were made, including a copy of any estimate received under subsection 2 (9). (7)On receipt of the material referred to in subsection (6), the supervisory officer shall send a copy of the material to the Minister, the secretary of each existing board whose members are elected by members of an electoral group that is part of the relevant electoral group and the clerks of all municipalities within the area of jurisdiction of the board. (8)The supervisory officer shall send the material referred to in subsection (7) no later than 30 days after the start date. O. Reg. 250/97, s. 11. Appeals
Appeals
12.(1)A committee and a minority-language section, within the meaning of Part XIII of the Act, of an existing board may, in the name of their members, be a party to an appeal under this section. (2)Subject to subsection (3), the committee, a council of a municipality in the area of jurisdiction of a board and an existing board in respect of representation of members of the relevant electoral group on a board for territory without municipal organization in its area of jurisdiction may appeal to the Commission the application of, (a) all of the rules in subsection 8 (5); (b) all of the rules in subsection 8 (6); or (c) rules 1, 2 and 5 of subsection 9 (2). (3)Anappeal on a distribution under subsection (2) may only be made if the distribution allots to a geographic area a number of members that is different from the sum of the applicable electoral quotients for the geographic area by an amount that is greater than 0.05 times the total number of members. (4)A council of a municipality in the area of jurisdiction of a board, an existing board whose members are elected by members of an electoral group that is part of the relevant electoral group and a minority-language section, within the meaning of Part XIII of the Act, of such an existing board may appeal to the Commission the application of, (a) subsection 8 (2); or (b) rules 3 and 4 of subsection 9 (2). O. Reg. 250/97, s. 12 (1-4). (4.1)Despite subsections (2) and (4), an existing board that represents the interests of both public and separate school supporters may not appeal the distribution of member positions on an English-language separate district school board or a French-language separate district school board. O. Reg. 279/97, s. 3. (5)Anappellant under this section shall provide notice of the appeal to the supervisory officer. (6)Onreceipt of the notice of appeal, the supervisory officer shall send a copy of it to the clerk of each municipality in the area of jurisdiction of the board. (7)Anappeal shall be commenced within 10 days after the receipt of the copies referred to in subsection 11 (7), failing which the board shall be deemed to be properly constituted despite any defect in the distribution of members. (8)The Commission shall dispose of the appeal within 14 days after the date on which it is commenced. (9)The Commission may confirm or vary the distribution that is the subject of the appeal. (10)The Commission’s decision on the appeal is final. (11)The Commission shall provide written notice of its decision to the supervisory officer who is responsible for providing a copy of the notice to the clerks of each municipality within the area of jurisdiction of the board and to the secretary of each existing board referred to in subsection 11 (3) of the Municipal Elections Act, 1996. O. Reg. 250/97, s. 12 (5-11). Nominations of Candidates for Board Elections
Nominations of Candidates for Board Elections
13.(1)If a geographic area is composed of all or part of two or more municipalities, the nominations shall be submitted to the clerk of the municipality having the largest population of the relevant electoral group resident in the geographic area. O. Reg. 250/97, s. 13 (1). (2)The clerk who conducts the nominations shall send, by registered mail as soon as possible after the closing of nominations, to the clerk of each municipality that is included in the geographic area, the names of the candidates who have qualified. O. Reg. 250/97, s. 13 (2); O. Reg. 279/97, s. 4 (1). (2.1)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 the nomination at the latter clerk’s office. O. Reg. 279/97, s. 4 (2). (3)The clerk of a municipality is responsible for conducting the election in the municipality. (4)The clerk of a municipality shall report the vote recorded to the clerk to whom nominations were submitted under subsection (1), who shall prepare the final summary and announce the result of the vote. O. Reg. 250/97, s. 13 (3, 4). (4.1)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 supervisory officer, who shall forward them to the Commission. O. Reg. 279/97, s. 4 (2). (5)In this section, “municipality” includes territory without municipal organization that is deemed to be a district municipality under section 15. O. Reg. 250/97, s. 13 (5).
Nominations of Candidates for Board Elections
14.(1)The secretary of an existing board who receives extracts of the preliminary list of electors based on school support shall, on request, provide a copy of the extracts to any candidate for office on a board for which members of an electoral group of the existing board may vote. (2)The Commission may exercise the powers of a board for purposes of clause 57 (1) (b) of the Municipal Elections Act, 1996 if, within 20 days after the clerk’s declaration of the results of the election, the committee for the board requires that a recount under that clause be held. O. Reg. 250/97, s. 14. Territory Without Municipal Organization
Miscellaneous
16.(1)A by-law of a municipality made under the authority of subsection 230 (25) of the Act does not apply to the election. (2)A by-law of a municipality or a local board under section 220.1 of the Municipal Act does not apply to a board or an existing board in respect of any service, activity, cost or use of property relating to the election of members of boards in the election. O. Reg. 250/97, s. 16.
Miscellaneous
17.A clerk of a municipality may delegate any of his or her powers and duties under this Regulation to election officials of another municipality, including territory without municipal organization deemed to be a district municipality under section 15. O. Reg. 250/97, s. 17. Transitional Matters
Transitional Matters
18.(1)In this section and in sections 19, 20 and 21,  “new office” means the office of member of a district school board; «nouveau poste» “old office” means an office on an existing board. «ancien poste» (2)A new office and an old office correspond if the relevant electoral group for the new office includes all or part of the electoral group for the old office. O. Reg. 279/97, s. 6.
Transitional Matters
19.(1)The clerk shall send to every candidate for an old office at the election a notice,  (a) advising of the candidate’s right to file a nomination for a new office; (b) explaining the candidate’s options under section 20. (2)The notice shall be sent by registered mail or delivered personally on or before August 30, 1997. O. Reg. 279/97, s. 6.
Transitional Matters
20.(1)The rules set out in subsection (2) apply to a candidate for an old office who files a nomination for a corresponding new office on or before September 13, 1997. (2)The rules referred to in subsection (1) are: 1. The nomination filing fee paid with respect to the nomination for the old office shall be deemed to have been paid with respect to the nomination for the new office. 2. The campaign for the old office shall be deemed to form part of the campaign for the new office. 3. The campaign for the new office shall be deemed to have begun on the day the candidate was nominated for the old office and not as provided in section 68 of the Municipal Elections Act, 1996. (3)The rules set out in subsection (4) apply to a candidate for an old office who does not file a nomination for a corresponding new office as described in subsection (1). (4)The rules referred to in subsection (3) are: 1. The candidate’s election campaign period ends on the day that is 60 days after the date of publication of this Regulation in The Ontario Gazette. 2. The nomination for the old office shall be deemed to have been withdrawn on the day referred to in paragraph 1. (5)Subsections (3) and (4) do not apply to a candidate who actually withdraws the nomination. O. Reg. 279/97, s. 6.
Transitional Matters
21.A candidate for a new office is entitled, (a) to carry forward, for the purposes of clause 79 (3) (b) of the Municipal Elections Act, 1996, any deficit accumulated in a campaign for a corresponding old office in the 1994 regular election or in an intervening by-election; (b) receive payment, under subsection 79 (8) of the Municipal Elections Act, 1996, of any surplus accumulated in such a campaign. O. Reg. 279/97, s. 6.