Board Policy 23: Electronic Meetings and Trustee Attendance Requirements

Education Act Sections 208.1 (1-2), Section 228 (1); Ontario Regulation 463/97 Electronic Meetings and Meeting Attendance

 

Board Policy 5 Board Members’ Code of Conduct; Board Governance Bylaws; Board Policy 10 Committees of the Board

 

1.1 Avon Maitland District School Board (“AMDSB”) Trustees are expected to attend and be prepared for all Board meetings, Committee of the Whole meetings, and meetings of Board committees to which they are assigned, in accordance with the provisions set out herein.

1.2 Meetings shall take place at the Education Centre located at 62 Chalk Street, North, Seaforth, ON, N0K 1W0, unless otherwise determined by resolution of the Board of Trustees.

2.1 Trustee attendance requirements apply to voting Members of the Board of Trustees, as defined by the Education Act, and do not apply to Student Trustees.

 

3.1 AMDSB shall be responsible for providing Trustees and Student Trustees with the means to participate in meetings electronically, provided AMDSB may refuse to provide a Trustee with electronic means of participation if the Trustee’s participation by such means has not been approved in accordance with this Policy, or if, in the case of the Chair, to allow such form of participation would result in a breach of the physical attendance requirements.

3.2 Meetings shall be open to the public, for in-person and electronic attendance, except where the Board of Trustees determines by resolution that it shall meet in camera, pursuant to one of the exceptions to the requirement to meet in public outlined at Section 207(2)(b) of the Education Act.

3.3 The Board shall provide members of the public with the ability to connect electronically to a meeting of the Board and committees of the Board, except where the Board is meeting in camera. Such electronic means shall allow all persons participating in the meeting, including delegates, to communicate with each other simultaneously and instantaneously.

 

3.4 Only elected Trustees, the Secretary to the Board, and individuals invited by the Chair or by resolution of the Board, may attend the in camera portion of a meeting.

3.5 It is incumbent upon each attendee participating in an in camera meeting via electronic means to ensure that privacy is maintained, taking in to account their location, proximity to others, and the potential for any technological interference that could compromise confidentiality.

3.6 A Trustee who is attending an in camera meeting who is required under the Municipal Conflict of Interest Act to declare a conflict shall disconnect from electronic participation until the agenda item giving rise to the conflict has been concluded.

 

Trustees
4.1 All members of the Board of Trustees shall physically attend regular meetings of the Board and meetings of the Committee of the Whole Board, except where written approval for electronic attendance has been given in accordance with this Policy.

4.2 A Trustee seeking authorization to participate in a meeting by electronic means shall submit their request in writing, along with the reason for the request, to the Chair of the Board, copying the Director of Education and the Executive Assistant to the Board of Trustees.

4.3 Where the Trustee making the request is the Chair of the Board, they shall submit their request in writing, and the reason for the request, to the Vice Chair of the Board, copying the Director of Education and the Executive Assistant to the Board of Trustees. If the Board of Trustees has no Vice Chair, the Chair shall submit their request to another Trustee.

4.4 All requests shall be submitted prior to the start of the meeting to which the request pertains.

4.5 The Chair, Vice Chair, or other Trustee, as applicable, may approve a request if they are satisfied that one or more of the following circumstances exist:

4.5.1 The Trustee’s primary place of residence within the area of jurisdiction of the Avon Maitland District School Board is located 125 kilometers or more from the meeting location.
4.5.2 Weather conditions do not allow the Trustee to travel to the meeting location safely.
4.5.3 The Trustee cannot be physically present at a meeting due to health-related issues.
4.5.4 The Trustee has a disability that makes it challenging to be physically present at a meeting.
4.5.5 The Trustee cannot be physically present due to family responsibilities in respect of,

4.6 A request shall not be approved if approval would result in fewer than one member of the Board of Trustees in addition to the Chair of the Board or designate being physically present in the meeting room.

4.7 The Vice Chair, or other Trustee if there is no Vice Chair, shall not approve a request from the Chair unless the Chair’s designate will be physically present in the meeting room.

4.8 A Trustee requesting attendance by electronic means shall receive a response as soon as reasonably possible, and in any case prior to the start of the meeting. The Director of Education and the Executive Assistant to the Board of Trustees shall be copied on the response.

4.9 Where a request to attend a meeting by electronic means is approved, the Director of Education or designate will make the necessary arrangements to facilitate electronic participation. The Director of Education may refuse to provide electronic access to a meeting where attendance by electronic means has not been approved.

4.10 A Trustee who participates in a meeting through electronic means in accordance with Ontario Regulation 463/97 is deemed to be present at the meeting.

4.11 Absences, and in-person and electronic attendances, shall be recorded in the minutes.

Board Chair
4.12 Until September 1, 2025, the Chair or designate shall be physically present in the meeting room of the board for at least half of the meetings of the board during each 12-month period beginning November 15, 2022.

Director of Education
4.13 The Director of Education, or designate, shall be physically present in the meeting room for each meeting of the Board of Trustees and each meeting of a committee of the Board, including a Committee of the Whole Board.

 

Committee Chairs
4.14 For committees of the Board of Trustees other than the Committee of the Whole Board, the Chair of a committee of the Board or their designate shall be physically present in the meeting room at every regular meeting of the committee, except that the Chair of the committee or their designate may participate in a meeting by electronic means if another member of the committee, who is also a Trustee, is physically present in the meeting room.

Exceptional Circumstances
4.15 The requirements for Trustees to be physically present at meetings and to request to attend by electronic means do not apply if all schools of the Board are closed pursuant to an order made by:

4.15.1 the Minister under section 5(1) of the Education Act;

4.15.2 a medical officer of health or the Chief Medical Officer of Health under section 22 or 77.1 of the Health Protection and Promotion Act;
4.15.3 the Lieutenant Governor in Council under paragraph 5 of subsection 7.0.2(4) of the Emergency Management and Civil Protection Act; or
4.15.4 the Lieutenant Governor in Council under clause 4(1)(a) of the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

4.16 If an order is made before September 1, 2025, and continues to apply on that date, the period of exemption starts on September 1, 2025. If an order is made on or after September 1, 2025, the exemption period starts on the day the order is made and ends 60 days after the order ceases to apply.

 

5.1 Until September 1, 2025, a Trustee vacates their seat if they:

5.1.1 Absent themselves without being authorized by resolution entered in the minutes, from three consecutive regular meetings of the Board;
5.1.2 Fail to be physically present in the meeting room of the Board for at least one regular meeting of the Board for each period of four full calendar months that occurs during the period beginning on the day the Trustee is elected or appointed and ending the following November 14.

5.2 After September 1, 2025, a Trustee vacates their seat if they:

5.2.1 Absent themselves without being authorized by resolution entered in the minutes, from three consecutive regular meetings of the Board; or
5.2.2 Fail to be physically present at a regular meeting of the Board or Committee of the Whole Board without approval of an exemption allowing attendance by
electronic means, in accordance with this Policy.

6.1 A Trustee requesting Board approval for an absence for three or more regular meetings of the Board may submit a written request to the Chair, stating the reason and the anticipated length of their absence. The matter shall be considered at the next Board meeting. If approved by resolution of the Board, the Trustee’s honoraria shall be suspended for the length of their absence.

7.1 A Trustee attendance report shall be prepared annually and presented to the Board by no later that the December Board meeting. The report shall summarize the attendance of each Trustee at Board meetings, Committee of the Whole meetings, and committee meetings, held during the previous school year.

 

Issued May 2025