Board Policy 25: Filling Vacancies on the Board

Legal References:

Education Act: Section 219, Section 221, Section 224, 227; Municipal Elections Act, 1996

This policy establishes the process by which the board shall fill a vacancy on the board when a board member resigns, becomes ineligible or otherwise creates a vacancy on the board during the term of the board. It also establishes the process by which the board fills a vacancy when no qualified candidate runs in an election.

1. Background

1.1 The Education Act, Section 221 allows a board to fill a board member vacancy in one of two ways:

1. appoint a qualified person to the vacancy within 90 days after the office becomes vacant, if a majority of the elected members remain in office; or
2. if no majority remains, or in a year in which no regular election is held under the Municipal Elections Act, 1996, or before April 1 in the year of a regular election, or after the new board is organized in the year of a regular election, by requiring the municipality to hold a by-election.
3. Clauses (a) and (b) do not apply when the vacancy occurs within one month before an election, in which case the vacancy shall not be filled. (Education Act, Section 224).

1.2 A by-election may not be held after March 31st in a municipal election year (i.e., within the last seven-and-a-half months of a board’s four-year mandate). All costs of a by-election are borne by the board, in accordance with the Municipal Elections Act Section 7(3).

1.2.1 The method of appointment is not specified in the Education Act.
1.2.2 Should the board be unable to fill the vacant position(s), 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. (Education Act, Section 226).

2. Board Decisions

2.1 By-Election
If the board chooses to fill a board member vacancy through a by-election in the vacated electoral zone, the process becomes the responsibility of the local municipality and takes approximately ten weeks. The municipality will provide to the board information regarding the implications of holding a by-election, including previous election results and estimated costs.

2.2 Appointment Process

1. If the board chooses to appoint a board member, the Education Act, Section 221 (1)(a) requires that the vacancy be filled within 90 days after the office becomes vacant.
2. The Education Act, Section 219 (1) specifies the qualifications necessary to be a member of a board. The person must be:
  1. Qualified to vote for members of the board; and
  2. A resident in the area of jurisdiction of the board.
    Disqualifications are outlined in Sections 219(4), (5) and (7) of the Education Act.
3. The board may choose to appoint one of the unsuccessful board member candidates from the last municipal election, providing that the candidate remains a qualified person and is willing to serve. Or, if an election falls within the 90-day period following the seat becoming vacant, the board may, if feasible, appoint one of the successful candidates in the election to the vacancy for the remainder of the current term.
4. If the board chooses to offer the vacancy to a broader range of electors, the following actions will occur:
  1. The vacancy shall be advertised in the local media.
  2. Persons interested in the position shall be required to submit an application in writing to the Secretary of the Board.
  3. Applicants will be required to provide the following information:
    ▪Why they are interested in the position;
    ▪Their background, qualifications, interests, experience, and concerns regarding the position; and
    ▪Other information they think is pertinent
5. Any person expressing interest in applying for the position shall be offered a package of information to be picked up or sent electronically from the Secretary of the Board containing:
  1. Avon Maitland District School Board facts folder;
  2. Policy 5 Board Members’ Code of Conduct;
  3. Schedule of board and committee meetings;
  4. Committee membership lists; and
  5. The OPSBA’s “What Do Trustees Do”.
6. If filling the position by appointment, the board shall conduct an interview process.

2.3 Interview Process

2.3.1 Only candidates who have submitted written applications as set out in Section 2.2 d) by the deadline date shall be considered for an interview.
2.3.2 Interviews shall be conducted on board premises, which may include a school or the Education Centre.
2.3.3 The Secretary of the Board shall ask board members to indicate their intention about their attendance and participation in the interviews.
2.3.4 Board members participating shall constitute an ad hoc selection committee. Committee membership shall be a minimum of three board members. The selection committee shall select its Chair from among its members. Only board members who have participated in all interviews shall vote on the committee recommendation. The committee shall make its recommendation to the board at the next meeting of the board.
2.3.5 The Secretary of the Board shall be the administrative liaison to the selection committee.

2.3.6 The selection committee shall establish its operating practices, but these shall include a common set of questions for all applicants.
2.3.7 In the event that two or more candidates receive an equal number of votes, the Chair of the board shall provide for the drawing of lots to determine which of the candidates will be appointed. (Education Act, Section 227).
2.3.8 The appointed candidate shall be advised promptly of the board’s decision and shall be sworn in at the next opportunity following their appointment.

Issued June 2025

25 Filling Vacancies on the Board