Bill 57 Original (PDF)
EXPLANATORY NOTE
The Bill addresses the representation of Haldimand County on the Brant Haldimand Norfolk Catholic District School Board.
Section 2 provides that the Haldimand County office is deemed to be vacated on the day the Act comes into force, if the specified member, as defined, holds the office on that day.
Section 3 sets out the specified member’s ineligibility to be nominated for any office on a school board in the first regular election held after the Act comes into force. It also provides that, during the period that begins on the day the Act comes into force and ends on November 14, 2030, the specified member is ineligible to be appointed or nominated in a by-election for any office on a school board.
Section 4 extinguishes any cause of action that may arise as a direct or indirect result of the enactment or application of the Act. It bars proceedings and remedies against specified persons, including the Crown, the school board and Haldimand County, except for applications for judicial review or constitutional remedies. It also provides that no costs shall be awarded in respect of barred proceedings and clarifies that the section does not apply to proceedings brought by the Crown.
Bill 57 2025
An Act to vacate the office of the member of the Brant Haldimand Norfolk Catholic District School Board who represented Haldimand County between July 8, 2024 and July 15, 2024
Preamble
Every board is required to ensure effective stewardship and use of the resources entrusted to it for the purposes of delivering effective and appropriate education and to manage those resources in a manner that upholds public confidence.
The trustee representing Haldimand County on the Brant Haldimand Norfolk Catholic District School Board (the “specified member”), along with three other members of the Board, travelled to Europe from July 8 to July 15, 2024, and was reimbursed by the Board for travel and related expenses of that trip out of public funds.
The Minister of Education appointed an individual under section 3 of Ontario Regulation 43/10 to conduct a review and received the report from the reviewer on March 14, 2025.
Following a determination that the reimbursed expenses were not an appropriate use of public funds, the Minister of Education, in accordance with subsection 7 (2) of Ontario Regulation 43/10, made a recommendation on April 23, 2025 that all four trustees repay the funds to the Board within 30 days. Three trustees did so in full. However, the specified member has repeatedly refused to pay the full amount of $12,370. On May 29, 2025, the Minister of Education wrote to the trustee advising them that legislation would be proposed to vacate their seat.
To uphold public confidence that the resources entrusted to the Board will be effectively managed, the Government of Ontario believes the seat of the specified member should be vacated.
Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1 In this Act,
“school board” means a board within the meaning of the Education Act; (“conseil scolaire”)
“specified member” means the member of the Brant Haldimand Norfolk Catholic District School Board who represented Haldimand County between July 8, 2024 and July 15, 2024. (“membre visé”)
Vacation of Haldimand County office
2 If the specified member holds any office on a school board on the day this Act comes into force, the office is deemed to be vacated on that day.
Ineligibility, next election
3 (1) The specified member is ineligible to be nominated for any office on a school board in the first regular election that is conducted under the Municipal Elections Act, 1996 after the day this Act comes into force.
Ineligibility, vacancies
(2) During the period that begins on the day this Act comes into force and ends on November 14, 2030, the specified member is ineligible to be,
(a) appointed to any office on a school board; or
(b) nominated for any office on a school board in any by-election conducted under the Municipal Elections Act, 1996.
Extinguishment of causes of action
4 (1) No cause of action arises against a person set out in subsection (2) as a direct or indirect result of,
(a) the enactment, amendment or repeal of any provision of this Act; or
(b) anything done or not done in accordance with this Act.
Persons referred to
(2) The persons referred to in subsection (1) are,
(a) the Crown or any current or former member of the Executive Council or employee, officer or agent of or advisor to the Crown;
(b) Brant Haldimand Norfolk Catholic District School Board or any current or former member of the board, or any employee, officer or agent of or advisor to the board, excluding the specified member; or
(c) Haldimand County or any current or former member of the council of Haldimand County, or any employee, officer or agent of or advisor to the municipality.
No remedy
(3) No costs, compensation or damages, including for loss of revenue or profit or any other alleged loss, whether direct or indirect, are owing or payable to any person by a person referred to in subsection (1), and no remedy, including a remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a breach of trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person against any person referred to in subsection (1) in connection with anything referred to in that subsection.
Proceedings barred
(4) No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person referred to in that subsection.
Application
(5) Subsections (3) and (4) do not apply with respect to an application for judicial review or a claim for a constitutional remedy, but do apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief or the enforcement of a judgement, order or award made outside Ontario.
No costs awarded
(6) No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (4).
Proceedings by Crown not prevented
(7) This section does not apply with respect to proceedings brought by the Crown.
Commencement
5 This Act comes into force on the day it receives Royal Assent.
Short title
6 The short title of this Act is the Respect for Taxpayers Act (Haldimand County Trustee Vacancy), 2025.