THE YORK REGION DISTRICT SCHOOL BOARD (YRDSB) BYLAWS AND SPECIAL RULES OF ORDER

ADOPTED BY THE BOARD OCTOBER 6, 2026

Table of Contents

Table of Contents

Article I Members of the Board

Article II Officers

Article III Board Meetings

Article IV Board

Article V Committees

Article VI Parliamentary Authority

Article VII Electronic Meeting and Communication

Article VIII Trustee Code of Conduct and Integrity Commissioner

Article IX Amendment of Bylaws 

Special Rules of Order
 

Article I Members of the Board

Section 1. Elected Trustees. The number of Board members shall be determined by a Regulation under the Education Act. Board members are elected in accordance with the Municipal Elections Act. In addition, further to the education services agreement between the Chippewas of Georgina Island First Nation and the York Region District School Board (YRDSB), there shall be a person named by the First Nation who is deemed to be an elected member of the Board
pursuant to O. Reg. 462/97.

Section 1.1. Term of Office. In accordance with the Municipal Elections Act, the term of office is four years, beginning on November 15 in the year of a regular election. The holders of office continue to hold office until their successors are elected and the newly elected Board is organized. 

Section 1.2. Vacancies. Subject to the Education Act, the Board shall fill a vacancy in the position of an elected Trustee in accordance with policy adopted for the aforementioned purpose.

Section 2. Student Trustees. There shall be three Student Trustees on the Board, including at least one Indigenous Student Trustee. Student Trustees are not considered members, as per the Education Act. The election process, filling of vacancies, the rights, duties, and responsibilities, and other pertinent information specific to Student Trustees and their role shall be governed by applicable regulation and Board policy adopted for the aforementioned purpose.

Section 3. Chief Executive Officer (CEO). In accordance with section 283.0.2 of the Education Act, the CEO is an ex officio member of the Board but is not entitled to exercise a binding vote on any matter before the Board or any of its committees, unless otherwise permitted by statutes or regulation. The CEO’s powers and duties are set out in the Education Act and its regulations.
 

Article II Officers

Section 1. Officers. There shall be a Chair, Vice-Chair, and Secretary-Treasurer.

Section 2. Secretary-Treasurer. The CEO shall be the Secretary-Treasurer.

Section 3. Duties of the Chair. The Chair shall lead the Board's governance on behalf of the entire Board and shall be accountable to the entire Board. The Chair shall chair all Board meetings. The Chair shall chair the Governance Committee. The Chair shall be an ex officio member of the Finance, Policy, and CEO Performance Review Committees and of the Joint Board Consortium. The Chair shall have all duties and powers as provided for in the bylaws, special rules of order, parliamentary authority, policies, and law.

Section 4. Duties of the Vice-Chair. The Vice-Chair shall assist the Chair in their duties. The Vice-Chair shall chair all Board meetings in the absence of the Chair. The Vice-Chair shall be an ex officio member of the Finance, Governance, Policy, and CEO Performance Review Committee. The Vice-Chair shall have all duties and powers as provided for in the bylaws, special rules of order, parliamentary authority, policies, and law.

Section 5. Duties of the Secretary-Treasurer. The CEO is the Secretary-Treasurer of the Board; the Secretary-Treasurer shall be an ex officio member of all committees, without the right to vote, except where membership or
participation of the Secretary-Treasurer is prohibited or restricted by statutes, regulation, or other applicable law, or where the composition of a committee is prescribed by statutes, regulation, or other applicable law, and does not provide for the Secretary-Treasurer’s membership. The Secretary-Treasurer shall have all duties and powers as provided for in the bylaws, special rules of order, parliamentary authority, policies, and the Education Act and its regulations.

Section 6. Election of Chair and Vice-Chair. The Chair and Vice-Chair shall be elected at the Inaugural Board meeting by ballot. A majority shall elect. If the number of candidates is equal to or fewer than the number of positions to be elected, the chair shall declare the candidates elected by acclamation. No ballot vote shall be held for any acclaimed candidates. In the case of an equality of votes to elect, the candidates shall draw lots to fill the position.

Section 7. Term of Office of Chair and Vice-Chair. The term of office for the Chair and Vice-Chair shall be one year or until their successors are elected.

Section 8. Chair and Vice-Chair Vacancies. If there is a vacancy in the office of the Chair or Vice-Chair, the Board shall fill the vacancy by appointment for the balance of the term.
 

Article III Board Meetings

Section 1. Regular Board Meetings. Regular Board meetings shall be held at the YRDSB’s head office on the last Tuesday in September, October, December, February, April, and June. Notice of a regular meeting shall be provided to all members at least six days prior to the meeting. The Board may change the date, time, and place of a regular meeting; the Board shall provide notice to all members and the public if it changes the date, time, or place of a regular meeting.

Section 2. Inaugural Board Meeting. The Inaugural Board meeting shall be held annually. The Inaugural Board meeting shall be held on the first Monday on or after November 15, unless the Board orders otherwise. The Inaugural Board meeting shall consider at least the following business: the election of the Chair, Vice-Chair, Finance Committee Chair, and Policy Committee Chair; and consideration of a report on election of committee memberships; the meetings shall consider other business as provided for in the special rules of order or ordered by the Board.

Section 3. Special Board Meetings. The Chair may call special Board meetings, and the CEO shall call them upon the request of a majority of the members of the Board. At least 48 hours’ notice shall be provided.

Section 4. Quorum. A majority of the members of the Board shall constitute a quorum.

Article IV Board

Section 1. Composition. The Board shall be composed of the elected trustees and the CEO.

Section 2. Duties and Powers. The Board of Trustees shall exercise its lawful authority and make decisions collectively. No individual Trustee shall have authority to direct staff, manage schools or departments, bind the Board, or otherwise exercise authority on behalf of the Board, except as expressly authorized by these bylaws, special rules of order, the   parliamentary authority, policy, board motion, or by legislation.

Article V Committees

Section 1. Standing Committees. There shall be 11 standing committees of the Board: Audit Committee, CEO Performance Review Committee (CPRC), Equity and Inclusivity Advisory Committee (EIAC), Finance Committee, Governance Committee, Joint Board Consortium, Parent, Family and Community Engagement Advisory Committee (PEAC), Policy Committee, Special Education Advisory Committee (SEAC), Student Discipline Committee, and Supervised Alternative Learning Committee. The Board may create other standing committees, as needed, or as required by legislation.

Section 2. Membership of Standing Committees. The total membership composition of committees not composed solely of Board members shall be as provided for in the Education Act, Ontario regulations, and other rules and agreements, as applicable. The total number of Board members on each of the standing committees shall be as follows:

• the Audit Committee: three Board members;
• the CPRC: at least three and no more than seven Board members;
• the EIAC: at least two Board members;
• the Finance Committee: no more than five Board members;
• the Governance Committee: no more than five Board members, two of whom shall be the Chair and Vice-Chair;
• the Joint Board Consortium: three Board members, one of whom shall be the Chair;
• PEAC: one Board member;
• the Policy Committee: no more than five Board members;
• SEAC: three Board members;
• the Student Discipline Committee: at least three Board members; and
• the Supervised Alternative Learning Committee: at least one Board member.

Section 3. Duties of Standing Committees.

Section 3.1. Audit Committee. The Committee shall review the financial reporting process, internal controls, internal auditing, external auditing, compliance matters, and risk management related to the Board's operations, and consider other matters required by law. (O. Reg. 361/10 governs the Committee).

Section 3.2. CPRC. The Committee shall conduct the CEO’s performance appraisal in accordance with the Education Act and its regulations, report its findings and recommendations to the Board, and consider other matters required by law. (O. Reg. 83/24 governs the CPRC).

Section 3.3. EIAC. The Committee shall review and make recommendations to the Board on matters of equity and inclusion.

Section 3.4. Finance Committee. The Committee shall review and make recommendations to the Board concerning the Board’s financial affairs.

Section 3.5. Governance Committee. The Committee shall consider and make recommendations concerning board governance, trustee roles and responsibilities, board effectiveness, and matters relating to the Board's governance framework. The Committee shall receive all permitted delegations.

Section 3.6. Joint Board Consortium. The Joint Board Consortium shall provide strategic oversight and set the Consortium's local service priorities, in accordance with Provincial service standards, by recommending its long-term vision and direction, monitoring overall performance, and ensuring accountability to the Boards.

Section 3.7. PEAC. The Committee shall fulfill the duties and responsibilities of the Parent Involvement Committee prescribed by the Education Act and its regulations, advise the Board on matters relating to parent and community involvement in the Board and its schools, and consider other matters required by law. (O. Reg. 612/00 governs the PEAC).

Section 3.8. Policy Committee. The Committee shall review, develop, and recommend Board policies and related   governance documents; consider proposed amendments or rescission of policies, in accordance with Board policy; and review proposed amendments and revisions to these bylaws.

Section 3.9. SEAC. The Committee shall fulfill the duties assigned to the Special Education Advisory Committee under the Education Act and its regulations, advise the Board on matters relating to special education programs and services, and consider other matters required by law. (O. Reg. 464/97 governs the SEAC).

Section 3.10. The Student Discipline Committee. The Committee shall hear and determine matters of student discipline referred to the Committee in accordance with the Education Act and Board policy, exercise the powers and perform the duties assigned to the Committee by law, and consider other matters required by law.

Section 3.11. The Supervised Alternative Learning Committee. The Committee shall exercise the duties and powers assigned to the Committee under the Education Act and its regulations in respect of supervised alternative learning, consider and determine matters referred to it in accordance with applicable law and Board policy, and consider other matters required by law. (O. Reg. 374/10 governs the Committee).

Section 4. Election of Standing Committee Chairs and  Members.

Section 4.1. Chairs. The election of Standing Committee Chairs shall be by committee, except for the Finance and Policy Committee Chairs, who shall be elected at the Inaugural Board meeting, and the Governance Committee Chair, who shall be the Board Chair.

Section 4.2. Members. The Board shall elect trustee committee members at Inaugural Board meeting through the consideration of the report on election of committee and organization memberships presented at the meeting; this report shall be compiled by the CEO or their designee prior to the Inaugural Board meeting based on trustees volunteering on a first-come, first-served basis for available positions; the report shall contain a recommendation to adopt trustee membership on committees and organizations to which trustees have seats.

Section 5. Special Committees. The Board may create special committees as needed, in accordance with legislation.

Section 6. Term of Office. The term of office for Board members on committees shall be one year or until their successors are elected, or as otherwise provided for in statutes. The term for Audit Committee trustee members shall be four years or until their successors are elected.

Section 7. Vacancies. Committee vacancies shall be filled by the Board by appointment for the balance of the committee’s term.

Article VI Parliamentary Authority

Section 1. Parliamentary Authority. The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the YRDSB in all cases to which they are applicable and in which they are not inconsistent with these bylaws, any special rules of order that the YRDSB may adopt, and any law, governmental policy, or governmental directive that applies to the YRDSB.

Section 2. Suspension of Rules. Any rule in these Bylaws, including those in the nature of a rule of order, cannot be suspended unless the particular rule specifically provides for its own suspension.

Article VII Electronic Meeting and Communication

Section 1. Meetings Held Electronically. The Board, committees, and subcommittees shall be authorized to meet through electronic means through the use of internet meeting services that support anonymous voting, so long as all members are able to participate synchronously during the meeting. An anonymous vote conducted through the designated internet service shall be deemed a ballot vote, fulfilling any requirement in the bylaws or rules that a vote be conducted by ballot. All electronic meeting rules shall comply with the Education Act and its regulations with respect to electronic participation in meetings.

Section 2. Communication. All communication required in these bylaws, including meeting notices, may be sent electronically. YRDSB meeting dates, times, and places shall be posted to the YRDSB website.

Article VIII Trustee Code of Conduct and Integrity   Commissioner

Section 1. Code of Conduct and Complaint Protocol. The Board shall adopt a Trustee Code of Conduct. The Trustee Code of Conduct that applies to trustees also applies to non-elected committee members, in relation to their functions, powers, and duties as committee members. The Board shall adopt a Complaint Protocol regarding code of conduct complaints.

Section 1.1. Signing of the Trustee Code of Conduct Acknowledgement and Undertaking. Trustees shall annually sign the Trustee Code of Conduct Acknowledgement and Undertaking at the Inaugural Board meeting or at another appropriate time.

Section 2. Integrity Commissioner. The Board shall appoint an Integrity Commissioner to provide accountability services and advice pursuant to the Trustee Code of Conduct and the Complaint Protocol. The Integrity Commissioner is administratively accountable to the Board but shall exercise all investigative, adjudicative, and reporting functions independently and in accordance with the Education Act, applicable regulations, the Code of Conduct and Complaint Protocol.

Section 2.1. Appointment and Term. The Board shall appoint the Integrity Commissioner for a fixed term of office.

Section 2.2. Duties of the Integrity Commissioner. The Integrity Commissioner shall have the duties and powers as provided for in these bylaws, special rules of order, policies, Code of Conduct, Complaint Protocol, regulations, and statutes.

Article IX Amendment of Bylaws

Section 1. Amendment of Bylaws by Board. The process for amending these bylaws shall be as follows: these bylaws may be amended at any Board meeting by a two-thirds vote, provided that the amendment has been reviewed by the Policy Committee and the amendment has been sent to all trustees at least 14 days prior to the Board meeting at which it is to be considered.

Section 2. Revision of Bylaws by Board. The process for revising these bylaws shall be as follows: these bylaws may be revised only upon authorization of the Board.

Section 2.1. Presentation of Revision. Presenting an authorized revision shall be the duty of the Policy Committee.

Section 2.2. Notice of Proposed Revision. The proposed revision shall be sent to all trustees at least 30 days prior to the Board meeting at which it is to be considered.

Section 2.3. No Amendment to Existing Bylaws. If a revision is authorized, no amendments to the existing bylaws shall be proposed during the revision process.

Section 3. Corrections. The CEO or their designee shall be authorized to correct article and section designations,   punctuation, and cross-references and to make such other technical and conforming changes as may be necessary to reflect the intent of the Board in connection with bylaws amendments adopted by the Board and changes in Ontario regulations and statutes. The CEO or their designee shall be authorized to correct titles as may be necessary, provided they do not alter the intent of the Board. The CEO or their designee shall inform the Board of any amendments made as per the aforementioned.

Special Rules of Order

I. Limits of Debate Board and Committees: At board, committee, and subcommittee meetings, each member and Student Trustee may speak no more than twice, for no more than five minutes each time, on any debatable motion unless otherwise ordered by a two-thirds vote without debate.

I.I. Questions on Presentations and Reports. Questions on presentations, including the presentations of reports, at board, committee, and subcommittee meetings shall be subject to the same limit as prescribed in Special Rule I, unless otherwise ordered by a two-thirds vote without debate; the time limit shall include both the question and the answer.

II. Special and Additional Announcements. Special announcements shall be made at Regular Board meetings from time to time; special announcements shall be those as adopted by the Board. Members and Student Trustees may make additional announcements at Regular Board meetings; each member and Student Trustee shall speak for no more than five minutes per regular Board meeting, unless otherwise ordered by the Board by a two-thirds vote without debate.

III. Agenda/Materials Notice. The proposed draft agenda and all relevant and available materials shall be sent to all members at least six days prior to each Regular Board and Committee meeting.

IV. New Business Notice. To introduce any new business at a Regular Board or Regular Committee meeting, previous notice shall be required; previous notice shall be made at the immediately preceding Regular Board or Committee meeting; the previous notice of a motion shall be in writing and shall contain the full text of the motion; this rule only applies to new business as per the parliamentary authority; it does not apply to motions that originate from reports.

IV.I. The Board or a committee may suspend this rule by a two-thirds vote without debate.

V. Roll-Call Vote. The Chair may order a roll-call vote, and it shall be ordered upon the request of at least four members.

VI. Committee Reports and Minutes. All committees shall maintain a single meeting record in the form of a committee report.

VI.I. Audit Committee, PEAC, and SEAC. The Audit Committee, the PEAC, and the SEAC shall maintain a single meeting record in the form of a committee report; for the purposes of applicable Ontario regulations, such reports constitute the meeting minutes and shall contain the information necessary to satisfy the Ontario regulations’ requirements respecting minutes; no separate minutes shall be required.

VII. Attendance of Non-Committee Members at Committee Meetings. Trustees who are not members of a committee shall be permitted to attend said committee, except the Student Discipline Committee; they shall have no rights concomitant with membership, except that they shall be permitted to ask questions, as permitted by the committee.

VIII. Order of Business. The order of business shall be the established sequence in which business shall be taken up at Board; the Chair shall establish a proposed agenda for Board meetings in consultation with the CEO; the Board shall consider the adoption of the proposed agenda at each Board meeting.

VIII.I. Regular Board Meetings. The order of business for Regular Board meetings shall be as follows:

• Call to Order; 
• Land Acknowledgment; 
• Canadian National Anthem; 
• Approval of Agenda; 
• Declaration of Conflict of Interest; 
• Program: 
  • Applause!; 
  • Special Announcements;
  • Additional Announcements;
  • Presentations and Recognitions;
• Reading and Approval of Board Minutes; 
• Consent Calendar;
• Reports: 
  • Student Trustees; 
  • CEO;
  • Rise and Report; 
  • Standing Committees;
  • Special Committees; 
• Special Orders; 
• Unfinished Business and General Orders; 
• New Business;
• Forthcoming Meetings and Events; and
• Adjournment. 

VIII.II.  Special Board Meetings. The order of business for Special Board meetings shall be as follows:

• Call to Order;
• Approval of Agenda;
• Business Specified in the Call of Meeting; and
• Adjournment.

VIII.III. Inaugural Board Meeting. The order of business for the Inaugural Board meeting shall be as follows:

• Call to Order;
• Land Acknowledgment;
• Canadian National Anthem;
• Approval of Agenda;
• Declaration of Conflict of Interest;
• Invocation;
• Introduction of Trustees¹;
• Declaration and Oath or Affirmation²;
• Signing of Trustee Code of Conduct Acknowledgement and Undertaking;
• Declaration of the York Region District School Board Officially Constituted³;
• Elections of Chair, Vice-Chair, Finance Committee Chair, and Policy Committee Chair;
• Consideration of Report on Election of Committee and Organization Memberships;
• Presentation of Gavel;
• Remarks of Board Chair; and
• Adjournment.

━━━━━━━━━━━━━━━
¹Shall only apply at the first Inaugural Board meeting of the term of office.

² Ibidem.

³ Ibidem.

IX. Consent Calendar. A consent calendar shall be used at Regular Board meetings and may be used at Regular Committee meetings to expedite routine and non-controversial business.

IX.I. Removal of Items. Immediately prior to the adoption of the consent calendar, any member may demand that an item on the consent calendar be taken off the consent calendar, upon such a demand, the respective item shall be taken up under the appropriate section of the order of business.

IX.II Adoption. The consent calendar shall be considered as a single motion; the motion is undebatable and unamendable. The adoption of the consent calendar shall adopt all motions recommended in reports placed on the consent calendar, but shall not adopt reports themselves; instead, reports shall be received and filed. If applicable, the meeting minutes shall state the individual main motions adopted by the adoption of the consent calendar.

X. Private Committee of the Whole/Private Board Meeting. The Committee of the Whole is a mechanism that allows the Board to consider a matter under conditions typically reserved for a committee; it enables the Board to consider items in private, in accordance with applicable statutes. Whenever the term Private Board meeting is used, it refers to a private meeting of the Committee of the Whole, unless otherwise stated. Private Board meetings may be closed to the public, in accordance with applicable statutes. All rules applicable to the Committee of the Whole shall apply.

X.I. Presiding Officer. The Vice-Chair of the Board shall preside at Private Board meetings.

X.II. Commencement. A Board meeting may, upon the call to order, immediately commence in a Private Board meeting, without having to adopt a motion to do so, as long as notice of a meeting of the Private Board meeting was given; this rule shall not limit the Board in being able to enter into a Private Board meeting at any other time.

X.III. Limits of Debate. Limits of debate shall apply to Private Board meetings, in accordance with Special Rule of Order I.

X.IV. Consideration of Rise and Report. The report of the Private Board shall be reported at a public board meeting by the Vice-Chair, or another member, if the Vice-Chair is not present. The report of a Private Board meeting shall be reported at a Board meeting open to the public; the adoption of any recommendations contained in the report shall not be subject to debate.

XI. Delegations. Community members may apply to present to the Governance Committee on items within the Board’s scope.

XI.I Eligibility. Delegations shall be restricted to residents of York Region. Delegations shall not be made by individuals or organizations who wish to promote a product, service, or other commercial endeavour. Delegations shall not be made regarding personnel, collective agreements, or labour matters; matters specific to an individual student; matters specific to an individual employee; matters subject to legal proceedings or investigation; or other matters that could not be heard in a public meeting. A delegate shall not make more than one delegation on the same subject matter within 12 months, unless the subject matter has materially changed.

XI.I.1. Routine Channels. Delegations shall not be the first resort for members of the public to address concerns; members of the public shall pursue routine channels before making a delegation.

XI.II. Delegation Request Form. Any prospective delegate shall complete a delegation request form created by the CEO or their designee; all materials and matters to be presented during the delegation shall be submitted when the delegation request form is submitted. If the form is incomplete, the CEO or their designee shall return the request to the prospective delegate. Prior to forwarding the delegation request form to the Governance Committee for action, the CEO or their designee shall ensure that the prospective delegate is eligible in accordance with Special Rule XI.I. and XI.I.1.; if the prospective delegate is ineligible, the form shall be returned to the prospective delegate.

XI.III. Governance Committee Approval. The Governance Committee shall review the complete request form and either schedule the delegation for the next Governance Committee meeting or refer the delegation to the CEO for follow-up.

XI.IV. Timeliness. Complete delegation requests shall be received at least two weeks prior to a Governance Committee meeting to be considered at that meeting.

XI.V. Delegation Procedures at Governance Committee. Each delegation, irrespective of the number of individuals, shall have no more than 10 minutes to speak, unless otherwise ordered by a two-thirds vote of the Committee, without debate. Delegations shall remain decorous; if a delegation is not decorous, the Chair may order the delegation to conclude. Following the conclusion of the delegation, members and student trustees may ask questions of clarification, not to exceed three minutes; the time limit shall include both the question and the answer.

XI.VI. Receipt of Delegations. All delegations shall be received for information. The Board may consider action at a later time on topics related to a delegation.

XII. Rules Pertaining Only to Electronic Participation in Meetings.

XII.I.Scope. The following rules shall apply only to electronic participation in board and committee meetings.

XII.II. Display of Names. Members shall display their first and last names on the electronic meeting platform at all times.

XII.III. Connectivity and Equipment. Members participating in the meeting electronically shall be responsible for the functionality of their own equipment. If a member’s equipment causes a hindrance to the meeting, the presiding officer, or an individual acting under the direction of the presiding officer, shall disable or disconnect the distracting component. A member’s inability to participate in the meeting, in any function whatsoever, if caused by the member’s equipment or connection, shall not invalidate the meeting or any of its proceedings.

XII.IV. Motions in Writing. All motions originating from a member participating electronically shall be submitted in writing using the chat feature.

XII.V. Display of Motions. Main motions, or the pertinent part of main motions, amendments, and other documents currently before the assembly, shall be displayed, to the extent feasible and as ordered by the presiding officer.

XII.VI. Audiovisual. Members physically present during the meeting shall use the boardroom microphones and cameras. Members participating electronically shall use the electronic meeting platform for their microphone and camera.

XII.VII. Recognition. To seek recognition, all members present electronically shall use the raise hand feature in the meeting platform. Members may only seek the floor when it is in order and prompted by the presiding officer. The presiding officer, after recognizing the mover of a motion, shall rotate recognition between those present in-person and those present electronically.

XII.VIII. Voting. When applicable, those present electronically shall vote using the raise hand feature.

XII.IX. Chat Box. Chat boxes shall be for official and technical meeting use. Commentary or debate shall not be allowed in the chat. Continued efforts to do so are a violation of decorum.

XII.X. Verification of Quorum. If a Point of Order is raised that a quorum is not present, the presence of a quorum shall be determined by the presiding officer through the use of a roll call, which shall identify whether those participating in-person and electronically are present.

XII.XI. Ballot Votes. Votes that are required to be cast by ballot shall be conducted using a system that anonymizes the votes cast. All members shall use a single ballot system.

XIII. Amendment of Special Rules of Order by Board. These special rules of order may be amended at any Board meeting by a two-thirds vote, provided that the amendment has been reviewed by the Policy Committee and the amendment has been sent to all members at least 14 days prior to the Board meeting at which it is to be considered. This rule cannot be suspended.

YORK REGION DISTRICT SCHOOL BOARD

TRUSTEE CODE OF CONDUCT

Section 1: Purpose

The Trustee Code of Conduct supports both legislated requirements and Board policies, procedures and Bylaws that support the governance and accountability framework at the York Region District School Board. The Education Act requires the Board to establish a Trustee Code of Conduct.

A trustee position is an elected position, which carries with it the understanding that the electorate will decide at election time its support for the effectiveness of a trustee. At the same time, it is important to recognize the public trust and responsibility the collective body carries and that this trust and responsibility is honoured through determining and enforcing norms of acceptable behaviour.

This Trustee Code of Conduct (“Code”) represents the commitment of the Board of Trustees to meeting high standards of conduct and is designed to provide the trustees with principles and standards for expected ethical behaviour in accordance with the Board’s Mission, Vision and Values and priorities outlined in the Multi-Year Strategic Plan.

Every Trustee of the Board shall comply with this Code of Conduct and uphold the spirit of the Code.

Section 2: Definitions

Board

The York Region District School Board (YRDSB).

Discrimination

See definition in Policy #240.0, Human Rights: Code-Related Harassment and Discrimination

Harassment

See definition in Policy #240.0, Human Rights: Code-Related Harassment and Discrimination

Integrity Commissioner

An individual who is appointed by the Board of Trustees in accordance with Article VIII of the York Region District School Board Bylaws.

Official Business

Duties and responsibilities of trustees as prescribed by all applicable legislation, including but not limited to the Education Act and outlined in Board policy, procedure and Bylaws.

Presiding Officer

The person chosen to preside over a meeting of the Board or committee of the Board and who enforces parliamentary rules outlined in the Bylaws and any other applicable legislation and/or parliamentary authority. For clarity, this includes the Chair of the Board and Trustee Committee Chairs.

Staff Members

Employees of the York Region District School Board.

Trustees (Member of the Board)

Members of the York Region District School Board, including student trustees and the Chair of the Board, who are elected, appointed or acclaimed in accordance with the Education Act and Municipal Elections Act.

Section 3: Application

The Code and Complaint Protocol apply to all trustees and student trustees.

Transparency, accountability, and public confidence are fundamental components for the effective governance of school boards as public bodies responsible to their communities and to the provincial government. The conduct of the trustees must be of the highest standard to maintain confidence in public education.

This Code operates as a supplement to the existing statutes governing the conduct of trustees in all their roles. The following primary provincial and federal legislation govern the conduct of trustees.

  a)Education Act

  b) Municipal Conflict of Interest Act

  c) Municipal Elections Act, 1996

  d) Municipal Freedom of Information and Protection of Privacy Act

  e) Occupational Health and Safety Act

  f) Ontario Human Rights Code

  g) Child and Family Services Act

  h) Criminal Code of Canada

If there is uncertainty about the scope of any of the clauses contained in the Code, trustees shall consult with Trustee Services or the Chief Executive Officer.

Section 4: Integrity and Dignity of Office

1. When acting or holding themself out as Trustees of the Board, a trustee shall conduct themselves in a manner that would not discredit or compromise the integrity of the Board.
2. When acting or holding themself out as a trustee, the trustee shall treat persons equally without discrimination based on a person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.
3. Trustees shall recognize that the expenditure of school board funds is a public trust and endeavor to see that funds are expended efficiently, in the best interest of students.
4. Trustees shall discharge their duties loyally, faithfully, impartially and in a manner that will inspire public confidence in the abilities and integrity of the Board.
5. Trustees shall ensure comments are issue-based and not personal, demeaning or disparaging regarding any person, including Board staff or fellow trustees.
6. Trustees, as ethical leaders of the Board, must always uphold the dignity of office and conduct themselves in a professional manner that will not discredit or compromise the integrity of the Board.
7. Trustees are expected to perform their duties in office and arrange their private affairs in a manner that promotes public confidence and will bear close public scrutiny.
8. Trustees shall seek to serve the public interest by upholding both the letter and the spirit of the laws of the Federal Parliament and Ontario Legislature, and YRDSB Bylaws, policies and procedures.
9. Trustees are obligated to maintain confidentiality.
10. Trustees shall not advance an allegation of misconduct and/or a breach of the Code that is trivial, frivolous, vexatious, made in bad faith or vindictive in nature against another trustee.
11. Every Trustee shall respect and understand the roles and duties of individual trustees, the Board of Trustees, the Chief Executive Officer and the Chair of the Board.

Section 5: Confidentiality

1. Confidential information includes;

   a) information with respect to litigation or potential litigation affecting the Board and information subject to solicitor-client privilege;

   b) 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 their parent or guardian;

   c) information about the acquisition or disposal of the Board’s real property, including a school site;

   d) decisions with respect to negotiations with Staff Members;

   e) information discussed during Private (In-Camera) Sessions of the Board pursuant to Section 207(2) of the Education Act;

   f) information protected under the Municipal Freedom of Information and Protection of Privacy Act. or any other relevant legislation;

   g) information received in confidence from other third parties of a corporate, commercial, scientific or technical nature, and

   h) investigations by the Ombudsman.

2. All trustees shall keep confidential any information disclosed or discussed at a Board or committee meeting that was closed to the public. For clarity, trustees shall keep confidential and not disclose the content of any matter, or the substance of deliberations, of a meeting that is closed to the public, unless required by law or until the Board of Trustees discusses the information at a meeting that is open to the public or releases the information to the public.
3. No trustee shall disclose or release by any means to any member of the public, any confidential information acquired by virtue of their office, in either oral or written form, except when required by law or authorized by the Board to do so. This is a continuous obligation that extends beyond the trustees’ Term of Office.
4. Trustees should not access or attempt to gain access to confidential information in the custody or control of the Board unless it is necessary for the performance of their duties and the use and/or disclosure of the information is permitted in accordance with the Municipal Freedom of Information and Protection of Privacy Act.
5. No trustee shall use confidential information for either personal gain or to the detriment of the Board.
6. If there is uncertainty about whether information is confidential, the trustee should consult with the Chief Executive Officer or another appropriate staff member.

Section 6: Gifts, Benefits and Hospitality

1. Trustees are required to adhere to all Board policies, procedures and supporting documents and Ministry directives regarding gifts, benefits and hospitality. A gift, benefit or hospitality provided with the trustee’s knowledge to a trustee’s spouse, child or a parent, that is connected directly or indirectly to the performance of the trustee’s duties is deemed to be a gift to that trustee.
2. There are circumstances in which the acceptance of a gift, benefit or hospitality occurs as part of the social protocol or community events linked to official trustee business.

3. The following are recognized as exceptions, which do not apply in the case of vendors of goods and services, or those expecting to be vendors to the Board:

   a) compensation authorized by law;

   b) such gifts or benefits that normally accompany the responsibilities of office and are received as an incident of protocol or social obligation;

   c) a political contribution otherwise reported by law, in the case of trustees running for office;

   d) services provided without compensation by persons volunteering their time;

   e) a suitable memento of reasonable value in keeping with an office of a public official to honour the trustee;

   f) food, lodging, transportation and entertainment provided by provincial, regional and local governments or political subdivisions of them, by the federal government or by a foreign government within a foreign country, or by a conference, seminar or event organizer where the member is either speaking or attending in an official capacity such as, but not limited to attendance at a ceremonial, presentation or representational role on behalf of the Board;

   g) food and beverages consumed at banquets, receptions or similar events, if:

• attendance serves a legitimate business purpose;
• the person extending the invitation or a representative of the organization is in attendance; and

• the value is reasonable and the invitations infrequent;

  h) communication to a trustee, including newspapers and periodicals;

  i) gifts of a nominal value (e.g., baseball cap, t-shirt, book, etc.).

4. No trustee shall accept a gift from any person or entity that has dealings with the Board if a reasonable person might conclude that the gift could influence the trustee when performing his or her duties. Any such gifts received shall be reported to Trustee Services.

5. The trustee should consult with Trustee Services staff for advice.

    

Section 7: Use of Board Property, Services and Other Resources

1. No trustee should use, or permit the use of Board staff members, Board events, Board facilities, Board funds, Board information and Board infrastructure or other resources such as, but not limited to Board-owned materials, websites, Board-provisioned technology and social media platforms for activities other than the business of the Board. Such requests should be made through the Chief Executive Officer.
2. No trustee may obtain personal financial gain from the use or sale of Board-developed intellectual property such as, but not limited to inventions, creative writings and drawings, computer programs, technical innovations, or other items capable of being patented, since all such property remains exclusively that of the Board.
    

Section 8: Election Campaign Work

1. Election activity refers to campaigns for municipal, provincial and federal office or campaigns on a question on a ballot.

2. All trustees shall adhere to the provisions outlined in the Board policy including, but not limited to the Partisan Activities and Campaigning policy and Municipal, Provincial and Federal Elections Guideline and refrain from;

   a) using Board facilities, equipment, supplies, services or other resources of the Board for any election campaign or campaign-related activities; and/or

   b) using staff resources for election-related purposes during hours in which those persons receive any compensation from the Board.

3. No trustee shall undertake campaign-related activities on Board property during regular working hours unless permitted by Board policy.

    

Section 9: Improper Use of Influence

1. No trustee shall use the influence of their office for any purpose other than for the exercise of their official duties. This includes using the influence of the office to obtain employment for a family member, or otherwise using one’s status as a trustee to improperly influence the decision of another person to the private advantage of oneself, or one’s parents, children or spouse, staff members, friends, or associates, business or otherwise.
2. Also prohibited is the holding out of the prospect or promise of future advantage through a Trustee’s supposed influence within the Board in return for present actions or inaction. It includes refraining from using one’s status to improperly influence the decision of another person to improperly prejudice another person(s).

3. For the purposes of this section, “private advantage” and “improperly prejudice” does not include a matter:

   a) that is of general application;

   b) that affects a trustee, their parents, children or spouse, staff members, friends, or associates, business or otherwise as one of a broad class of persons; or

   c) a committee or Board matter that concerns the remuneration or benefits of a Trustee.

Section 10: Conduct Regarding Current and Prospective Employment

1. No trustee shall allow the prospect of their future employment by a person or entity to improperly or for personal gain affect the performance of their duties to the Board.
    

Section 11: Conduct Regarding Current and Prospective Employment

1. Trustees act in the service of the community. They can set an example for future leaders who may look to them for guidance and leadership. They are expected to respect the procedural rulings of the Chair or Presiding Officer and refrain from verbally attacking or belittling those who complain or do not agree with them.
2. It is vital that trustees conduct themselves with decorum at Board, advisory and committee meetings and in accordance with the provisions of the Bylaws concerning meeting procedures.
3. When expressing individual views, trustees shall respect differing points of view from other trustees, staff, students and the public.

Section 12: Conduct Regarding Current and Prospective Employment

1. No trustee shall maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of staff members of the Board, and all trustees shall show respect for the professional capacities of staff members.
2. No trustee shall compel staff members to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities.
3. Trustees shall be respectful of the role of staff members to provide advice based on political neutrality and objectivity and without undue influence from any individual trustee or faction of the Board of Trustees. No trustee shall use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding, or influencing any staff member with the intent of interfering with that person’s duties, including the duty to disclose improper activity.
4. Individual trustees shall not provide direction to staff members. Trustees work with the Chair of the Board and the Chief Executive Officer. The Chief Executive Officer is responsible for communicating directions and associated expectations to staff on behalf of the Board of Trustees.

Section 13: Discreditable Conduct

1. All trustees have a duty to treat members of the public, one another, and staff members respectfully and without abuse, bullying or intimidation.
2. The Ontario Human Rights Code, Occupational Health and Safety Act and all associated Board policies and procedures apply.

3. This section applies to all forms of written and oral communication.

    

Section 14: Failure to Adhere to the Board Policies, Procedures and Supporting Documents

1. Trustees are required to adhere to all YRDSB Bylaws, policies, procedures and supporting documents.

Section 15: Reprisals and Obstruction

1. Trustees should respect the integrity of the Code and are obliged to cooperate with inquiries conducted in accordance with the Complaint Protocol.
2. It is a violation of the Code to obstruct the Integrity Commissioner in the carrying out of their responsibilities, for example, by destroying documents or erasing electronic communications.
3. Any reprisal or threat of reprisal against a complainant or person providing information to the Integrity Commissioner is prohibited.

Section 16: Chair of the Board/Presiding Officer

1. The presiding officer shall exercise their powers and duties in a fair and impartial manner, having due regard for every trustee’s opinion or views.
2. The Presiding Officer shall adhere to parliamentary procedures as outlined in the Board’s Bylaws.
3. The Presiding Officer is authorized under Section 207(3), Exclusion of persons, of the Education Act to expel or exclude from any meeting, any person who has been guilty of improper conduct at the meeting. This may be done at the sole discretion of the Presiding Officer without the necessity of a complaint or conducting an inquiry before an expulsion or exclusion from a meeting. The Presiding Officer must have the ability to control a meeting. Any trustee who does not abide by a reasonable expulsion or exclusion from a meeting is deemed to have breached the Code.
4. Trustees shall respect the role of the Chair of the Board in accordance with Board policy, Bylaws and the provisions outlined in Section 218.4, Additional duties of chair, of the Education Act.

Section 17: Upholding Decisions

1. Trustees shall accept that decision-making authority rests with the Board of Trustees and no trustee or group of trustees have power to make decisions unless otherwise delegated by the Board or the Education Act.
2. Trustees shall uphold the implementation of any board resolution after it is passed by the Board. Reconsideration of a Board decision may only be permitted in accordance with the Board’s Bylaws.
3. A trustee should be able to explain the rationale for a decision of the Board and respectfully state their position provided it does not undermine the Board’s decision.
4. The Chair of the Board is the spokesperson to the public on behalf of the Board, unless otherwise determined by the Board. No other trustee shall speak on behalf of the Board unless expressly authorized by the Chair or the Board to do so. When individual trustees express their opinions in public, they must make it clear that they are not speaking on behalf of the Board.

Section 18: Integrity Commissioner

1. If there is uncertainty about whether an action or activity refers to conduct prohibited by the Code, a trustee may directly seek the advice of the Integrity Commissioner. This shall not constitute an inquiry or investigation by the Integrity Commissioner pursuant to the Complaint Protocol. Where a trustee has received written advice on a particular matter, the advice is binding on the Board in any subsequent consideration of the conduct of the trustee in the same matter if the trustee disclosed all relevant facts to the Integrity Commissioner at the time the advice was provided.
2. The Integrity Commissioner may work with the Chair and/or Trustee Services when providing advice to trustees about the Code.

Section 19: Sanctions

1. The Education Act authorizes the Board of Trustees to impose one or more of three sanctions following an inquiry into whether the trustee has breached this Code of Conduct.

   a) Censuring the trustee(s).

   b) Barring the Trustee(s) from attending all or part of a meeting of the Board of Trustees or a meeting of the committee of the Board of Trustees.

   c) Barring the trustee(s) from sitting on one or more committees of the Board of Trustees, for the period of time specified by the Board of Trustees.

2. The Board shall not impose a sanction which is more onerous than the above but may impose one that is less onerous such as a warning or requirement to complete specified professional development at the expense of the Board.
3. The Board has no power to declare the seat vacant or suspend a trustees’ honorarium.

History

1. Approved: July 10, 2017

2. Revised: May 7, 2019, August 27, 2024, October 6, 2026

    

YORK REGION DISTRICT SCHOOL BOARD 

TRUSTEE CODE OF CONDUCT

ACKNOWLEDGEMENT AND UNDERTAKING

Statement

I confirm that I have read, understand and agree to abide by the York Region District School Board Trustee Code of Conduct and the enforcement processes outlined in the Complaint Protocol for the Trustee Code of Conduct.

Date: 

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Trustee (Please Print):

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Signature of Trustee: 

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Witness (Please Print): 

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Signature of Witness: 

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 YORK REGION DISTRICT SCHOOL BOARD

Complaint Protocol for the Trustee Code of Conduct

SECTION 1: Objective 

SECTION 2: Definitions 

SECTION 3: Application

SECTION 4: Limitations

• Timelines 
• Municipal Election Period
• Anonymity
• Statutory Powers Procedure Act 
• Removal from Office or Suspension of Honorarium

SECTION 5: Enforcement of the Code

SECTION 6: Informal Resolution Process

SECTION 7: Initiating a Formal Complaint

• Initial Assessment of Complaint by Integrity Commissioner

SECTION 8: Formal Inquiry

• Suspension of Formal Inquiry

SECTION 9: Confidentiality

SECTION 10: Board Decision

SECTION 11: Sanctions

SECTION 12: Reconsideration of the Board’s Decision

SECTION 13: Payment of Costs

SECTION 14: Related Documents

History

Complaint Protocol for the Trustee Code of Conduct

SECTION 1: Objective

The Board has established a Trustee Code of Conduct (Code) to govern the conduct of Trustees and to provide transparency, accountability, and public confidence in its governance of the York Region District School Board.

This Complaint Protocol for the Trustee Code of Conduct (Protocol) describes how complaints concerning alleged breaches of the YRDSB Trustee Code of Conduct are reported, investigated and resolved.

SECTION 2: Definitions

Board

The Board of Trustees of the York Region District School Board (YRDSB).

Complaint Form

A formal document that must be completed in order to initiate a Formal Inquiry by the Integrity Commissioner under the Trustee Code of Conduct. The form shall include any documentation necessary to support the complaint. 

Informal Resolution Process

A collaborative process whereby a trustee or community member informally brings a concern or allegation of a breach of the Trustee Code of Conduct (“the Code”) to the attention of a trustee who is alleged to have breached the Code with the purpose of repairing and restoring relationships and discussing possible remedial measures to correct the offending behavior. 

Formal Inquiry

Includes an investigation.

Integrity Commissioner

Individual who is appointed by the Board of Trustees in accordance the York Region District School Board Bylaws.

Community Member

Any member of the York Region District School Board community including, but not limited to parents/guardians, students, staff, advisory committee members, community partners and members of the public. 

Trustee (Board member)

An individual who is elected, acclaimed or appointed to the office of trustee or member of the Board pursuant to the provisions of the Municipal Elections Act and the Education Act. 

SECTION 3: Application

The Protocol outlines a number of ways by which concerns related to the conduct of trustees are addressed. The formal complaint process is aligned with the Section 218.3 (2), Breach of Code of Conduct, of the Education Act.

As permitted by Ontario Regulation 43/10, Provincial Interest in Education dated  January 26, 2017, Minister’s Direction #8 to the York Region District School Board dated April 11, 2017 required the Board to establish an Office of the Integrity Commissioner.  The Integrity Commissioner supports the Board of Trustees in addressing complaints against a trustee. 

The Code and Protocol apply to trustees who have made the Declaration and filed it as outlined in Sections 209 (1)(2)(4) of the Education Act and only while they hold their seat. The Code and Protocol apply to student trustees once they are elected or appointed to the Board of Trustees and only while they hold their seat. 

Conduct by a trustee outside of the above timeframe will not be the subject of a complaint under the Code and will not be investigated pursuant to the Protocol.

SECTION 4: Limitations

Timelines 

1. Any allegation of a breach of the Code must be brought forward no later than six (6) weeks after the breach comes to the knowledge of the trustee or community member who is identifying an alleged breach. Notwithstanding the foregoing, in no circumstances shall a complaint be made after the expiration of six (6) months from the time the contravention is alleged to have occurred. 

Municipal Election Period 

2. In a municipal election year, formal complaints about the conduct of a sitting trustee who is seeking re-election to any office shall not be brought during the period commencing after the Civic Holiday Monday in August and ending when a new Board is deemed organized under Section 6 of the Municipal Elections Act. The limitation period for bringing a complaint shall be extended as necessary. If the trustee accused of a breach of the Code is not re-elected, no Inquiry into the alleged breach of the Code by that trustee shall be undertaken. The Informal Resolution Process may be enacted during this period, without the participation of the Integrity Commissioner.

During this period, any open formal complaint investigation(s) shall be suspended and only continued if the trustee accused of a breach of the Code is re-elected or acclaimed.  

Anonymity 

3. Anonymous complaints will not be accepted or investigated.

Statutory Powers Procedure Act

4. The Statutory Powers Procedure Act does not apply to anything done regarding the enforcement of the Code. No formal trial-type hearing will be conducted. 

Removal from Office or Suspension of Honorarium

5. Notwithstanding any changes to the Education Act, the Board has no power to remove a trustee from their elected seat or suspend their honorarium for a breach of the Code.

SECTION 5: Enforcement of the Code 

1. A trustee or community member who has reasonable grounds to believe that a Trustee of the Board has breached the Code may bring the alleged breach to the attention of the Board.
2. Any allegation of a breach of the Code shall be investigated as outlined in the Informal Resolution Process or Formal Inquiry Process.
3. Only serious and/or reoccurring breaches of the Code should be investigated as outlined in the Formal Inquiry Process. It is expected that whenever possible, allegations of a breach of the Code shall be investigated following the Informal Resolution Process. It is recognized that from time to time a contravention of the Code may occur that is trivial, or committed through inadvertence, or an error of judgment made in good faith. In the spirit of collegiality and the best interests of the York Region District School Board, the first purpose of alerting a trustee to a breach of the Code is to assist the trustee in understanding their obligations under the Code. 

SECTION 6: Informal Resolution Process

Trustees and community members are encouraged to use informal means to address alleged breaches of the Code. The purpose of the informal resolution process is to repair relationships and bring the allegation of the breach directly to the attention of the trustee who is alleged to have breached the Code and to discuss possible remedial measures to correct the offending behavior. The Informal Resolution Process is conducted in private and to remain confidential.

The following steps should be undertaken to facilitate a conversation between parties in order to come to an informal resolution. 

1. Trustees and community members who have reasonable grounds to believe that a trustee has contravened the Code are encouraged to personally outreach to the trustee to advise them of the section(s) of the Code they believe has been contravened with an explanation as to why. It is best practice to keep a written record of the incident(s) including date(s), time(s), location(s), the name(s) of witnesses and any other relevant information related to the matter for future reference. 
2. With agreement of all parties, the Chair of the Board or the Integrity Commissioner may be contacted to support the process or facilitate mediation. 
3. As part of the Informal Resolution Process, the trustee and complainant may discuss remedial measures including, but not limited to, an apology and/or a commitment to attend professional development or training. Agreed upon remedial measures shall remain confidential between the parties. 
4. If the complainant is not satisfied with the outcome of the Informal Resolution Process, they may initiate a formal Inquiry as outlined below.

SECTION 7: Initiating a Formal Inquiry 

1. A trustee who has reasonable grounds to believe that a trustee has breached the Code may bring the breach to the attention of the Board by filing a written complaint with the Integrity Commissioner. Trustees are also required to complete the Trustee Code of Conduct Complaint Form. All submissions must be signed by the complainant and set out the following information: 

   a) the name of the trustee who is alleged to have breached the Code; 

   b) the alleged breach or breaches of the Code; 

   c) information as to when the breach came to the complainant’s attention; 

   d) the grounds for the belief by the complainant that a breach of the Code has occurred; and 

   e) the names and contact information of the complainant and any witnesses to the breach or any other persons who have relevant information regarding the alleged breach.

2. A community member who has reasonable grounds to believe that a trustee has breached the Code may bring the breach to the attention of the Board by making an oral or written complaint to the Integrity Commissioner. The Trustee Code of Conduct Complaint Form is not required to be completed by a Community Member. The Integrity Commissioner shall confirm the complainant is a Community Member of the York Region District School Board. 

Initial Assessment of Complaint by Integrity Commissioner 

3. The Integrity Commissioner shall perform an initial assessment to determine if the matter is: 

   a) related to non-compliance of the Code;

   b) more appropriately dealt with by other legislation; and

   c) more in the nature of positions or views of a trustee on matters to be determined by the Board, including votes cast as opposed to behaviour outlined under the Trustee Code of Conduct.

4. The Integrity Commissioner shall notify a complainant, in writing and with rationale, if the complaint does not relate to non-compliance of the Code and indicate that the matter will not be investigated by the Integrity Commissioner within 15 business days. 

5.  For matters covered by other legislation, the Integrity Commissioner may advise the complainant as follows:

   a) if the complaint is an allegation of a criminal nature consistent with the Criminal Code of Canada, the complainant shall be advised that if the complainant wishes to pursue any such allegation, the complainant must pursue it with the appropriate police force;

   b) if the complaint is with respect to non-compliance with the Municipal Conflict of Interest Act, the complainant shall be advised to review the matter with the complainant’s own legal counsel;

   c) if the complaint is with respect to non-compliance with the Municipal Freedom of Information and Protection of Privacy Act, the complainant shall be advised that the matter will first be referred for review to the Information Access and Privacy Office of the York Region District School Board; or

   d) in other cases, the complainant shall be advised that the matter, or part of the matter, is not within the jurisdiction of the Integrity Commissioner to consider, with any additional reasons and referrals as the Integrity Commissioner considers appropriate.

6. If the Integrity Commissioner is of the opinion that the individual making the complaint is not acting in the public interest, the Integrity Commissioner shall not conduct an investigation, or, if during an Inquiry it becomes apparent the complainant is not acting in the public interest, the Integrity Commissioner shall terminate the Inquiry. The complainant and trustee alleged to have breached the Code will be advised in writing of this decision with reasons. 

7. In assessing whether a complainant is acting in the public interest, the Integrity Commissioner shall consider:

   a) whether the complainant is advancing a concern, issue or complaint that is consistent with the purpose of the Code, and in the circumstance of a complaint commenced by a community member, more in the nature of a private interest; and

   b) whether the complaint is out of time, trivial, frivolous, vexatious or not made in good faith, or that there are no grounds or insufficient grounds for a Formal Inquiry.

SECTION 8: Formal Inquiry Process

If a Formal Inquiry of an allegation of a breach of the Code is undertaken, it shall be done by the Integrity Commissioner. Where appropriate, the Board will be advised that a Formal Inquiry of a complaint is being undertaken.

If the Integrity Commissioner determines that they would be biased or have a conflict of interest regarding the subject matter of the complaint to be investigated, Trustee Services will work with the Board to select an independent outside investigator to conduct the Inquiry.

Regardless of who undertakes the Formal Inquiry, the following steps shall be followed.

1. Once the initial assessment of the complaint has been completed, and it has been determined that the complaint relates to a non-compliance of the Code and the complainant is acting in the public interest, the Complaint Form and any reformulation will be provided to the trustee alleged to have breached the Code within 15 business days of receipt by the Integrity Commissioner. 

   The Integrity Commissioner may reformulate the complaint to ensure that it accurately identifies and formulates an alleged breach or breaches of the Code.

2. The trustee alleged to have breached the Code shall provide the Integrity Commissioner with a written response to the allegations within 10 business days of receiving the Complaint Form or such period of time as the Integrity Commissioner deems appropriate in exceptional circumstances.

At any time following receipt and review of the Complaint Form, or at any time during the Formal Inquiry, where the Integrity Commissioner believes there is an opportunity to successfully resolve the matter without a formal investigation, and both the complainant and the trustee alleged to have breached the Code agree, an informal resolution may be pursued.

3. Procedural fairness shall govern the Formal Inquiry. The Formal Inquiry will be conducted in private.
4. If necessary, after reviewing the Complaint Form, for the purposes of investigation or resolution of the matter, the Integrity Commissioner may; 

• speak with anyone relevant to the complaint, and/or
• be permitted access to Board documents or electronic materials and/or York Region District School Board property. 

5. The Formal inquiry may involve both written and/or oral statements by any witnesses, persons with relevant information to the complaint, the complainant or the trustee alleged to have breached the Code.
6. The trustee who is alleged to have breached the Code shall have an opportunity to respond to the allegations both in a private meeting with the Integrity Commissioner and in writing.
7. If the trustee who is alleged to have breached the Code refuses to participate in the Formal Inquiry, the Formal Inquiry will proceed in their absence. 
8. The Integrity Commissioner may make interim reports to the Board, where necessary, and as required to address any instances of interference, obstruction, delay or retaliation against persons providing information to the Integrity Commissioner encountered during the Inquiry. Any such instances by a trustee shall be a breach of the Code. 
9. The final written report of the Integrity Commissioner shall outline the finding of facts and a recommendation and/or opinion as to whether or not the Code was breached with rationale. This shall be completed within 90 calendar days after the complaint was filed unless the Integrity Commissioner determines that a longer period of time is required to complete the final report and the reason is explained in the final report. The Board and the complainant shall be advised of the need for the extension of time with an expected date of delivery of the report.
10. The name(s) of the complainant and the trustee alleged to have breached the Code will be in the final report. The names of witnesses or other persons associated with the investigation may not be disclosed to the trustee alleged to have breached the Code or in the final report.   
11. If the alleged breach of the Code involves any matters or information for which a meeting may be closed pursuant to Subsection 207 (2), Closing of certain committee meetings, of the Education Act or the information may be exempt from disclosure pursuant to the Municipal Freedom of Information and Protection of Privacy Act, any final public version of the report may redact or anonymize that information from the final report. The redaction may also apply to the version of the report provided to a community member complainant.

Suspension of Formal Inquiry

12. If, during the course of the formal investigation, the Integrity Commissioner discovers that the subject-matter is being investigated by police, that a charge has been laid, or the subject matter is being dealt with in accordance with a procedure established under another Act, the Formal Inquiry shall be suspended until the police investigation, charge or matter under another Act has been finally disposed of. This shall be reported in confidence to the Board. 

SECTION 9: Confidentiality

1. Unless otherwise required by law, York Region District School Board Bylaws, policy or procedure, or as disclosed in a public report by the Integrity Commissioner to the Board; the complaint, response to the complaint, Inquiry into a complaint (whether informally or formally) and the terms of any settlement of a complaint, shall be kept confidential by all persons involved in the matter, including but not limited to;

• the complainant, 
• trustees, 
• witnesses, 
• the Integrity Commissioner, and 
• staff. 

2. During the course of an Inquiry, any breach of confidentiality and/or actions that undermine the integrity of process including, but not limited to, publicly discussing details of any Inquiry, including on social media, may result in termination of an Inquiry and/or the Board may decide to summarily dismiss a complaint. 

SECTION 10: Board Decision

1. The final report of the Integrity Commissioner shall be delivered to the Board through Trustee Services. 
2. A decision by the Board as to whether or not the Code has been breached and the sanction, if any, shall be made as soon as practical after receipt of the final report by the Board.

The final report or the redacted version of the report, if appropriate, will be delivered to a community member complainant at the same time as it is made public. 

3. The Integrity Commissioner may participate in the meeting at which the Board will be considering the final report to answer questions.
4. Trustees shall consider only the findings in the final report and as supplemented by the Integrity Commissioner at a meeting of trustees when voting on the decision and sanction. No trustee shall undertake their own investigation of the matter, including questioning the complainant, the trustee who is alleged to have breached the Code or any witnesses or persons participating in the Inquiry.
5. If the Board determines that there has been no breach of the Code or that a contravention occurred, although the trustee alleged to have breached the Code took all reasonable measures to prevent it, or that a contravention occurred that was trivial, or committed through inadvertence, or an error of judgment made in good faith, no sanction shall be imposed. The Integrity Commissioner may provide an opinion in the final report on these matters.

6. The determination of a breach of the Code and the imposition of a sanction with respect to a complaint investigated in accordance with the Formal Inquiry Process must be done by resolution of the Board at a public meeting.

   A recorded vote is required on any motion(s). Any resolution(s) shall be decided by a vote of at least 2/3 of trustees who are present and voting.

   The results of the vote and reason(s) for the Board’s decision will be recorded in the minutes.    

7. Despite Section 207 (1) of the Education Act, the part of the meeting of the Board during which a breach or alleged breach of the Code is considered may be closed to the public when the breach or alleged breach involves any of the matters described in clauses 207(2) (a) to (e) being:

• the security of the property of the board;
• 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;
• the acquisition or disposal of a school site;
• decisions in respect of negotiations with employees of the board; or
• litigation affecting the board.

8. The trustee who is alleged to have breached the Code shall not vote on a resolution to determine whether or not there is a breach or the imposition of a sanction. The trustee who brought the complaint to the attention of the Board may vote on the resolutions. 
9. The trustee who is alleged to have breached the Code may be present during the deliberations regarding the above, but shall not participate in the deliberations or be required to answer any questions. 
10. The trustee who is alleged to have breached the Code shall not in any way, after the final report is completed, influence the vote on the decision of breach or sanction, except as permitted during the reconsideration set out below after the Board has made their decision(s). 

SECTION 11: Sanctions

1. If the Board determines that the trustee has breached the Code, the Board may impose one or more of the following sanctions:

   a) Censuring the trustee.

   b) Barring the trustee from attending all or part of a meeting of the Board or a meeting of a committee of the Board.

   c) Barring the trustee from sitting on one or more committees of the Board, for the period of time specified by the Board.

2. The Board shall not impose a sanction which is more onerous than the above but may impose one that is less onerous such as a warning or requirement to complete specified professional development at the expense of the York Region District School Board.
3. A trustee who is barred from attending all or part of a meeting of the Board or a meeting of a committee of the Board is not entitled to receive any materials that relate to that meeting or that part of the meeting and that are not available to members of the public. 
4. The imposition of a sanction barring a trustee from attending all or part of a meeting of the Board shall be deemed to be authorization for the trustee to be absent from the meeting and therefore, not in violation of the Education Act regarding absences from meetings. 

SECTION 12: Reconsideration of the Board’s Decision

1. If the Board determines that a trustee has breached the Code, the Board shall: 

   a) give the trustee written notice of the determination, the reasons for the decision and any sanction imposed by the Board; 

   b) ensure the notice informs the trustee that they may make written submissions to the Board in respect of the determination or sanction by the date specified in the notice that is at least fourteen (14) days after the notice is received by the trustee; and 

   c) consider any submissions made by the trustee and shall confirm or revoke the determination or sanction within 14 days after the submissions are received. 

2. If the Board revokes a determination, any sanction imposed by the Board is revoked.
3. If the Board confirms a determination, the Board shall, within the fourteen (14) days above, confirm, vary or revoke the sanction. 
4. If a sanction is varied or revoked, the variation or revocation shall be deemed to be effective as of the date the original determination was made. 
5. The Board’s decision(s) to confirm or revoke a determination or confirm, vary or revoke a sanction shall be done by resolution at a meeting of the Board and the vote on the resolution shall be open to the public. Both resolutions shall be decided by a vote of at least 2/3 of the trustees present and voting. The resolutions shall be recorded in the minutes of the meeting together with the reasons for confirming or revoking a determination. 
6. The Board shall provide to the trustee alleged to have breached the Code written notice of the decision to confirm or revoke the determination together with reasons for the decision and written notice of any decision to confirm, vary or revoke a sanction. 
7. The trustee alleged to have breached the Code may be present during the deliberations regarding the above, but shall not participate in the deliberations or be required to answer any questions and shall not vote on the resolutions. The trustee who brought the initial complaint may vote. 
8. If appropriate, the original sanction may be stayed pending the reconsideration by the Board of the determination or sanction.

SECTION 13: Payment of Costs

1. Subject to Sections 13 (5) and (6) hereof, a trustee who is the subject of a formal complaint under this Protocol shall be reimbursed for actual and reasonable legal fees and related expenses incurred or owing ("Costs") up to a maximum of $5,000.

2. In the case of an application under the Judicial Review Procedure Act for judicial review of actions or decisions by the Board, Trustees or Integrity Commissioner regarding a formal complaint made pursuant to this Protocol as against a trustee:

   a) where a trustee made the judicial review application and the application was successful, the trustee is eligible for reimbursement by the York Region District School Board of their Costs in connection with a judicial review application, less any Costs awarded by the court, up to a maximum of $20,000; and/or

   b) a trustee may apply for reimbursement of the Costs of intervention in a judicial review application where the trustee’s interests are at stake, up to a maximum of $20,000.

3. The Board may consider the reimbursement of Costs above the limit in Sections 13 (1) and 13 (2) on a case-by-case basis.
4. Costs may be provided to a trustee who is the subject of a formal complaint under this Protocol in advance of an investigation of the formal complaint, if the Integrity Commissioner is of the opinion that the use of a lawyer or paralegal by the trustee would facilitate the carrying out of the investigation. Section 13 (6) does not apply to the advance Costs paid under this subsection.

5. Costs shall only be reimbursed in paragraphs 1 above to the trustee:

   a) if the Integrity Commissioner settles the matter without a decision of the Board and concludes the complainant was not acting in the public interest within the meaning of this Protocol, or that there has been no contravention of the Code by the trustee, or that if there was a contravention it was trivial, or committed through inadvertence, or an error of judgment made in good faith or the trustee took all reasonable measures to prevent it; and the Integrity Commissioner’s conclusion is not overturned on judicial review; or

   b) where the Board receives the Integrity Commissioner’s report on a breach of the Code and determines there was no breach or that there was a breach, but the trustee took all reasonable measures to prevent it, or that contravention occurred that was trivial, or committed through inadvertence, or an error of judgment made in good faith and the Board's decision is not overturned on judicial review.

6. Any award of Costs shall be contingent on a report to the Board with input from the Integrity Commissioner and Corporate Counsel, as required.

SECTION 14: Related Documents

York Region District School Board Bylaws

York Region District School Board Trustee Code of Conduct

York Region District School Board Code of Conduct Formal Complaint Form

History

Approved: November 28, 2017

Revised: July 9, 2019, October 6, 2026