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Election Bylaw 19

Election of Council Members

19.1 Electoral Districts

The following electoral districts are established for the purpose of the election of members to the Council:

19.1.1 Electoral District 1: Southwest Region

Composed of the Cities of London, St. Thomas, Stratford & Windsor; Bruce, Elgin, Essex, Grey, Huron, Lambton, Middlesex, Oxford & Perth Counties; Municipality of Chatham-Kent; Town of St. Mary’s; and the Township of Pelee.

19.1.2 Electoral District 2: Central West Region

Composed of the Cities of Brantford, Guelph & Hamilton; Brant, Dufferin, Haldimand, Norfolk & Wellington Counties; and the Regional Municipalities of Halton, Niagara & Waterloo.

19.1.3 Electoral District 3: Metropolitan Toronto

Composed of the City of Toronto.

19.1.4 Electoral District 4: Central East Region

Composed of the Cities of Barrie, Kawartha Lakes, Orillia & Peterborough; Haliburton, Northumberland, Peterborough & Simcoe Counties; and the Regional Municipalities of Durham, Peel & York.

19.1.5 Electoral District 5: East Region

Composed of the Cities of Belleville, Brockville, Cornwall, Kingston, Ottawa, Pembroke, Prince Edward County & Quinte West; Frontenac, Hastings, Lanark, Lennox and Addington & Renfrew Counties; Towns of Gananoque, Prescott, & Smith Falls; and the United Counties of Leeds and Grenville, Prescott and Russell & Stormont, Dundas and Glengarry.

19.1.6 Electoral District 6: North East Region

Composed of the City of Greater Sudbury; the Districts of Algoma, Cochrane, Manitoulin, Nipissing, Parry Sound, Sudbury & Timiskaming; and the District Municipality of Muskoka.

19.1.7 Electoral District 7: Northwest Region

Composed of the Districts of Kenora, Rainy River & Thunder Bay.

19.1.8 Electoral District 8: Member-at-large

Composed of the whole province and members residing outside Ontario, for the purpose of electing a member-at-large.   

Note: Districts named in Electoral District 6: North East Region, and Electoral District 7: Northwest Region include all single-tier municipalities contained within them.  A complete list of single-tiered municipalities contained in each district is provided by the Ontario Ministry of Municipal Affairs and Housing.


19.2
Eligibility to Vote 

19.2.1 A member is entitled to vote in an election if,

19.2.1.a the member is a holder of a current certificate of registration as a practising member or a non-practising member; and

19.2.1.b on the one hundred and twentieth (120th) day immediately preceding the election, the member practises or resides in Ontario and the member's mailing address registered with the College is in the electoral district for which an election is being held.

19.2.2 If the member resides outside Ontario and is not practising in Ontario, then the member is only eligible to vote for the member-at-large.

 

19.3 Number of Members to Be Elected 

The number of members to be elected in an electoral district is as follows:

19.3.1 For each of electoral districts 1, 5, 6, 7, and 8, one member.

19.3.2 For each of electoral districts 2, 3 and 4, two members.

 

19.4 Term of Office 

19.4.1 The term of office for a member elected to Council is three years, effective January 1 of the calendar year following the election.

19.4.2 Where a regular election is not held as prescribed, the elected members of the Council then in office continue in office until their successors are elected or appointed.

 

19.5  Election Date 

An annual election shall be held during September for those positions on the Council coming vacant at the end of that year.

 

19.6  Eligibility for Election 

A member is eligible for election to the Council for an electoral district if,

19.6.1 the member is the holder of a practising certificate of registration;

19.6.2 the member's certificate of registration has not been revoked or suspended at any time in the six (6) years immediately preceding the election;

19.6.3 the member's mailing address registered with the College continues to be in the electoral district for which the election is held,

19.6.4 the member is not in default of payment of any  obligation to the College under a regulation or the bylaws,

19.6.5 the member is not the subject of proceedings for incompetence, professional misconduct or incapacity,

19.6.6 the member's certificate of registration is not subject to a term, condition or limitation other than one prescribed by regulation,

19.6.7 the member has not been an officer, director or employee of one of the following in the previous twelve (12) months: professional association of medical laboratory technologists, a union representing medical laboratory technologists, or an association that represents employers of medical laboratory technologists, other than an officer or director of a local chapter or unit of the association or union.

19.6.8 a period of three (3) years has elapsed since the member complied with all aspects of an order of a panel of the Discipline Committee or Fitness to Practise Committee; and

19.6.9 the member has not been an employee, consultant or supplier of the College in the previous twelve (12) months.


19.7
Nomination and Election Procedure 

19.7.1 Each member shall be notified annually of the call for nominations, the details of the nomination procedure, deadline for receipt of nominations, the options for casting ballots and the deadline for receipt of ballots.

19.7.2 The notice shall normally reach members no later than 120 days before the deadline for receipt of ballots.

19.7.3 Where there is an interruption of delivery service during a period affecting publication of the call for nominations or the receipt of nominations by the College, the Registrar & CEO shall extend the deadline for the receipt of nominations and of ballots for such period as the Registrar & CEO considers necessary to compensate for the interruption.

19.7.4 Ballots may be cast using any system approved by Council.

19.7.5 Any ballot system approved by Council must allow for the re-count and elimination of ballots.

19.7.6 The nomination of a candidate for election shall be in writing and shall be given to the Registrar & CEO at least ninety (90) days before the ballots are sent to members.

19.7.7 The nomination shall be signed by the member and by at least five (5) members who support the nomination and who are eligible to vote in the electoral district in which the election is to be held.

19.7.8 A candidate may withdraw the nomination for election to the Council, in writing, no later than the deadline for receipt of nominations by the College.

19.7.9 Where no nomination is received for an electoral district, the Council shall appoint one or more members for the term or terms required.

19.7.10 If the number of candidates nominated for an electoral district is equal to the number of members to be elected in that electoral district, the Registrar & CEO shall declare the candidates to be elected by acclamation.

 

19.8 Registrar & CEO's Electoral Duties 

The Registrar & CEO shall supervise and administer the nomination and election of candidates and, for the purpose of carrying out that duty, the Registrar & CEO shall, subject to the by-laws,

19.8.1 cause to be sent to every member who is eligible to vote a list of the candidates in the electoral district, a ballot, an explanation of the voting procedure and any other accompanying materials approved by the Council;

19.8.2 establish a deadline for the receiving of ballots;

19.8.3 where there is an interruption of delivery service during an election, extend the holding of the election for such period of time as the Registrar & CEO considers necessary to compensate for the interruption;

19.8.4 establish procedures for the validating and counting of the ballots;

19.8.5 provide for the immediate notification of all candidates and Council members of the results of the election; and

19.8.6 provide for the elimination of ballots thirty-one days following the announcement of the election, unless a candidate challenges the election or its results.

 

19.9 Number of Votes to Be Cast 

19.9.1 A member may cast as many votes on a ballot in an election of members to the Council as there are members to be elected to the Council from the electoral district in which the member is eligible to vote.

19.9.2 A member shall not cast more than one vote for any one candidate.

 

19. 10 Tie Votes 

Where there is a tie in an election, the Registrar & CEO shall break the tie by lot.

 

19. 11 Recounts 

19.11.1 Within thirty (30) days from the date of the election, a candidate may request a recount of the ballots in the electoral district in which the member was nominated, by depositing the appropriate fee and a written request for the recount.

19.11.2 Where a recount has been requested, the Registrar & CEO shall appoint the time and the place and arrange for the recount, which shall take place within fifteen (15) days from the date of the request.

19.11.3 The recount shall be conducted, subject to clause 19.8.4 in the same manner as the original counting of the ballots.

19.11.4 The candidate or a representative appointed by the candidate may be present at the recount.

19.11.5 The recount shall be conducted by two scrutineers appointed by the Registrar & CEO.

19.11.6 If the recount changes the result of the election, the full amount of the fee shall be returned to the candidate but, if the recount does not change the result of the election, the candidate forfeits the fee to the College.

 

19.12 Disqualification of Elected or Appointed Members 

19.12.1 The Council shall disqualify an elected or appointed member from sitting on Council if the member,

19.12.1.a is found by a panel of the Discipline Committee to have committed an act of professional misconduct or to be incompetent;

19.12.1.b is found by a panel of the Fitness to Practise Committee to be an incapacitated member;

19.12.1.c fails, without cause, to attend three consecutive meetings of the Council;

19.12.1.d fails, without cause, to attend three consecutive meetings of a committee to which the member has been appointed;

19.12.1.e fails, in the opinion of the Council, to discharge properly or honestly any office to which the member has been elected or appointed;

19.12.1.f ceases to practise or reside in the electoral district for which the member was elected, unless the term of office is due to expire in the next twelve months;

19.12.1.g becomes an officer, director or employee of one of the following: professional association of medical laboratory technologists, a union representing medical laboratory technologists, or an association that represents employers of medical laboratory technologists, other than an officer or director of a local chapter or unit of the association or union.

19.12.1.h becomes bankrupt;

19.12.1.i is found to be mentally incompetent; or

19.12.1.j fails to comply with the Council Member’s Code of Conduct policy.

19.12.2 An elected member who is disqualified from sitting on the Council ceases to be a member of the Council.

 

19.13 Filling of Vacancies

19.13.1 If the seat of an elected Council member becomes vacant in an electoral district before the expiry of the member's term of office, the Council may,

19.13.1.a leave the seat vacant until the next election; or

19.13.1.b appoint a successor from among the members of the College  who would be eligible for election if an election were held; or

19.13.1.c direct the Registrar & CEO to hold an election for that electoral district in accordance with this bylaw.

19.13.2 The term of office for a member appointed or elected under subsection 19.13.1 shall continue until the time the former Council member's term would have expired.