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Education Act

ONTARIO REGULATION 357/06

honoraria for BOARD members

Consolidation Period: From September 23, 2014 to the e-Laws currency date.

Last amendment:  O. Reg. 190/14.

This is the English version of a bilingual regulation.

Purpose

1. This Regulation sets out the method for calculating the limits on honoraria paid under section 191 of the Act.  O. Reg. 357/06, s. 1; O. Reg. 57/12, s. 1.

Part I
General Rules

District School Boards

Components of honorarium

2. (1) For a term of office beginning in 2006 or later, the honorarium for a member of a district school board, in respect of any year of his or her term of office, shall consist of such of the following components as the board determines, subject to section 4:

1. The base amount for the year.

2. The enrolment amount for the year.

3. The attendance amounts payable to the member for the year.

4. The distance amounts payable to the member for the year.  O. Reg. 357/06, s. 2 (1).

(2) A year of a member’s term of office begins on December 1 and ends on the following November 30.  O. Reg. 357/06, s. 2 (2).

3. Revoked:  O. Reg. 190/10, s. 1.

Policy re honorarium components

4. (1) For a term of office beginning in 2006 or later, the board shall establish a policy, on or before October 15 of the calendar year in which the term of office begins, with respect to,

(a) which components listed in paragraphs 1 to 4 of subsection 2 (1) it will pay during the term of office;

(b) for the base amount, the attendance amount and the distance amount, if the component will be paid, the amount of the component to be paid to a member for each year of the term of office, determined in accordance with sections 5, 7 and 8; and

(c) for the enrolment amount, if it will be paid, the percentage to be applied in calculating the enrolment amount limit for a member for each year of the term of office.  O. Reg. 357/06, s. 4 (1); O. Reg. 163/07, s. 2 (1); O. Reg. 190/10, s. 2 (1).

(2) The board may, at any time, change its policy under subsection (1) such that a component is not paid for a year, the amount of a component to be paid is lowered for a year, or the percentage to be applied in calculating the enrolment amount limit is lowered for a year.  O. Reg. 163/07, s. 2 (2).

(3) If the board changes its policy for a year under subsection (2), it may restore the original policy made under subsection (1) at any time before the end of the period to which the policy applies.  O. Reg. 163/07, s. 2 (2).

(4) Revoked:  O. Reg. 190/10, s. 2 (2).

Base amount

5. (1) The base amount for a member for a year of a term of office is an amount that does not exceed the base amount limit determined under subsection (2), (3) or (4), as the case may be.  O. Reg. 357/06, s. 5 (1).

(2) For a member other than the chair or vice-chair, the base amount limit for the year is determined as follows:

1. For each year of the term of office beginning on December 1, 2006, $5,900.

2. For each year of the term of office beginning on December 1, 2010, the amount calculated for a year of the term of office beginning on December 1, 2006, increased by the percentage increase in the Ontario Consumer Price Index as published by Statistics Canada for the period between,

i. July 1, 2006, and

ii. June 30, 2010.

3. For each year of the term of office beginning on December 1, 2014, $5,900.

4. For each year of a term of office beginning on or after December 1, 2018, the amount applicable for a year of the previous term of office, increased by the percentage increase in the Ontario Consumer Price Index as published by Statistics Canada for the period between,

i. July 1 of the calendar year in which the previous term of office started, and

ii. June 30 of the calendar year in which the term of office starts. O. Reg. 357/06, s. 5 (2); O. Reg. 163/07, s. 3; O. Reg. 190/14, s. 1.

(3) For the chair, the base amount limit for the year is determined by adding $5,000 to the amount determined under subsection (2).  O. Reg. 357/06, s. 5 (3).

(4) For the vice-chair, the base amount limit for the year is determined by adding $2,500 to the amount determined under subsection (2).  O. Reg. 357/06, s. 5 (4).

Enrolment amount

6. (1) The enrolment amount for a member for each year of a term of office is an amount determined for that year that does not exceed the enrolment amount limit.  O. Reg. 163/07, s. 4 (1).

(1.1) The enrolment amount shall be calculated anew in each year of a member’s term of office.  O. Reg. 163/07, s. 4 (1).

(1.2) The enrolment amount limit is determined by multiplying the percentage determined by the board for the year under clause 4 (1) (c) or subsection 4 (2) or (3), as the case may be, by the amount determined for the member under subsection (2), (3) or (4), as the case may be.  O. Reg. 163/07, s. 4 (1).

(2) For a member other than the chair or vice-chair, determine an amount as follows:

1. Multiply the enrolment of the board for the year as determined under section 9, by $1.75.

2. Divide the number determined under paragraph 1 by the number of members determined for the board under subclause 58.1 (2) (k) (i) or subsection 58.1 (10.1) of the Act, as the case may be.  O. Reg. 357/06, s. 6 (2); O. Reg. 163/07, s. 4 (2).

(3) For the chair, add the amount determined under subsection (2) to the amount determined as follows:

1. Multiply the enrolment of the board for the year as determined under section 9 by 5 cents.

2. Determine the greater of,

i. the amount determined under paragraph 1, and

ii. $500.

3. Determine the lesser of,

i. the amount determined under paragraph 2, and

ii. $5,000.  O. Reg. 357/06, s. 6 (3); O. Reg. 163/07, s. 4 (3).

(4) For the vice-chair, add the amount determined under subsection (2) to the amount determined as follows:

1. Multiply the enrolment of the board for the year as determined under section 9 by 2.5 cents.

2. Determine the greater of,

i. the amount determined under paragraph 1, and

ii. $250.

3. Determine the lesser of,

i. the amount determined under paragraph 2, and

ii. $2,500.  O. Reg. 357/06, s. 6 (4); O. Reg. 163/07, s. 4 (4).

Attendance amount

7. (1) The attendance amount is an amount that does not exceed the attendance amount limit of $50.  O. Reg. 357/06, s. 7 (1).

(2) The attendance amount may be paid to a member for attending any meeting of a committee of the board that is required to be established by an Act or a regulation made under an Act.  O. Reg. 357/06, s. 7 (2).

Distance amount

8. (1) The distance amount is an amount that does not exceed the distance amount limit of $50.  O. Reg. 357/06, s. 8 (1).

(2) For a board member described as follows, the distance amount may be paid to the member for attending any meeting of the board or of a committee of the board that is required to be established by an Act or a regulation made under an Act:

1. The board member is a member of a board that has,

i. a board area greater than 9,000 square kilometres, as set out in Table 1 of Ontario Regulation 412/00 (Elections to and Representation on District School Boards) made under the Act, as that regulation reads on the day that the board makes its determination under section 4, or

ii. a dispersal factor of greater than 25, as set out in Table 5 of Ontario Regulation 412/00 (Elections to and Representation on District School Boards) made under the Act, as that regulation reads on the day that the board makes its determination under section 4.

2. On the day of the meeting, the distance between the member’s residence and the place where the meeting is held is more than 200 kilometres.  O. Reg. 357/06, s. 8 (2); O. Reg. 163/07, s. 5.

(3) A board member may receive the distance amount only once in respect of any day.  O. Reg. 357/06, s. 8 (3).

Enrolment

9. For the purposes of section 6, the enrolment of the board for a year of a term of office is the estimate of the board’s day school average daily enrolment that was,

(a) determined for the purposes of the regulation made under section 234 of the Act in respect of calculating average daily enrolment for the school board fiscal year that ends in the calendar year in which the year of the term of office begins; and

(b) submitted to the Ministry together with the estimates required by clause 232 (6) (c) of the Act.  O. Reg. 163/07, s. 6; O. Reg. 164/11, s. 1.

Service for a partial year

10. (1) The honorarium for a board member who serves for a partial year is determined in accordance with this section.  O. Reg. 357/06, s. 10 (1); O. Reg. 190/10, s. 3.

(2) The base amount is an amount that does not exceed the base amount limit for the partial year, which is determined by prorating, according to the time served, the base amount for a board member who serves for a full year.  O. Reg. 163/07, s. 7.

(2.1) The enrolment amount is an amount that does not exceed the enrolment amount limit for the partial year, which is determined by prorating, according to the time served, the enrolment amount for a board member who serves for a full year.  O. Reg. 163/07, s. 7.

(3) The attendance amount and the distance amount are determined in accordance with sections 7 and 8, with necessary modifications.  O. Reg. 357/06, s. 10 (3).

11. Revoked:  O. Reg. 190/10, s. 4.

School Authorities

Honorarium for members of school authorities

12. (1) A school authority may pay to its members an honorarium at the same rate and on the same conditions as the allowance being paid to its members on December 1, 1996.  O. Reg. 357/06, s. 12 (1).

(2) If a school authority was paying an amount as an additional allowance to its chair or vice-chair on December 1, 1996, the school authority may pay that amount as an additional honorarium to its chair or vice-chair, at the same rate and on the same conditions as applied on December 1, 1996.  O. Reg. 357/06, s. 12 (2).

Part II
Rules for the period from April 1, 2012 to November 30, 2014

Temporary limit on honoraria

13. Despite Part I, for the period from April 1, 2012 to November 30, 2014, the honorarium for a chair, vice-chair or other member of a district school board shall not exceed the maximum amount that was payable to a member with that office during the period in which the restraint measures under sections 7 to 11 of the Public Sector Compensation Restraint to Protect Public Services Act, 2010 applied.  O. Reg. 57/12, s. 3; O. Reg. 81/14, s. 2.

Table 1 Revoked:  O. Reg. 190/10, s. 5.

 

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