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Education Act

ONTARIO REGULATION 156/09

calculation of fees for pupils for the 2009-2010 school board fiscal year

Consolidation Period: From June 16, 2016 to the e-Laws currency date.

Last amendment:  O. Reg. 207/16.

This is the English version of a bilingual regulation.

CONTENTS

1.

Interpretation

2.

Application

3.

Education for Indians

4.

Fees, residing in Ontario

5.

Fees, not residing in Ontario

6.

Fees, s. 68 boards

7.

Fees, pupils to whom s. 49 (6) of the Act applies

8.

Fees, summer school and continuing education

9.

No fee between boards

Interpretation

1. (1) In this Regulation,

“A.D.E. regulation” means Ontario Regulation 154/09 (Calculation of Average Daily Enrolment for the 2009-2010 School Board Fiscal Year) made under the Act; (“règlement sur l’effectif quotidien moyen”)

“continuing education A.D.E.”, for a board, means the continuing education average daily enrolment for the board, as calculated under section 3 of the A.D.E. regulation; (“effectif quotidien moyen des cours d’éducation permanente”)

“continuing education class or course” has the same meaning as in section 3 of the A.D.E. regulation; (“classe ou cours d’éducation permanente”)

“day school A.D.E.”, for a board, means the day school average daily enrolment for the board, as calculated under section 2 of the A.D.E. regulation; (“effectif quotidien moyen de jour”)

“day school program” does not include continuing education or summer school classes or courses; (“programme scolaire de jour”)

“elementary school pupil” means a pupil who is enrolled in any of junior kindergarten, kindergarten and grades one to eight; (“élève de l’élémentaire”)

“grant regulation” means Ontario Regulation 155/09 (Grants for Student Needs — Legislative Grants for the 2009-2010 School Board Fiscal Year) made under the Act; (“règlement sur les subventions”)

“high cost program” means,

(a) a special education program, or

(b) any other program which both the board and the party from whom the tuition fee is receivable agree is a high cost program for the purposes of this Regulation; (“programme à coût élevé”)

“isolate board” means a school authority other than a section 68 board; (“conseil isolé”)

“P.A.C.”, for a pupil, means the pupil accommodation charge for a pupil as determined under subsections (3) and (4); (“frais de pension”)

“secondary school pupil” means a pupil who is enrolled in any of grades nine to twelve; (“élève du secondaire”)

“section 68 board” means a board established under section 68 of the Act; (“conseil créé en vertu de l’article 68”)

“summer school A.D.E.”, for a board, means the summer school average daily enrolment for the board, as calculated under section 4 of the A.D.E. regulation; (“effectif quotidien moyen des cours d’été”)

“summer school class or course” means a summer school class or course as defined in subsection 4 (1) of the A.D.E. regulation. (“classe ou cours d’été”)  O. Reg. 156/09, s. 1 (1).

(2) The following rules apply for the purposes of this Regulation:

1. A pupil is considered to be a pupil of a board if he or she is a pupil of the board for the purposes of the grant regulation.

2. The day school A.D.E. of a pupil enrolled in a school operated by a board is the day school A.D.E. for the board, calculated as if the pupil were the board’s only pupil.  O. Reg. 156/09, s. 1 (2).

(3) The pupil accommodation charge for a pupil is $141 in the case of an elementary school pupil or $282 in the case of a secondary school pupil.  O. Reg. 156/09, s. 1 (3).

(4) Despite subsection (3), if a board has entered into an agreement under subsection 188 (3) of the Act that provides for a payment by the Crown in right of Canada to provide classroom accommodation for a specified number of pupils, the pupil accommodation charge for each pupil accommodated as a result of the agreement is zero.  O. Reg. 156/09, s. 1 (4).

Application

2. This Regulation applies in respect of the fiscal year of boards that commences on September 1, 2009 and ends on August 31, 2010.  O. Reg. 156/09, s. 2.

Education for Indians

3. (1) This section applies in respect of a pupil who is enrolled in a day school program in a school operated by a district school board or an isolate board if a fee in respect of the pupil is receivable by the board from,

(a) the Crown in right of Canada; or

(b) a band, the council of a band or an education authority where the band, council of a band or education authority is authorized by the Crown in right of Canada to provide education for Indians.  O. Reg. 156/09, s. 3 (1).

(2) The fee in respect of the pupil is calculated by multiplying the day school A.D.E. of the pupil by the sum of the P.A.C. for the pupil and the base fee determined,

(a) under subsection (3), in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board;

(b) under subsection (4), in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board; or

(c) under subsection (5), in the case of a pupil who is enrolled in a school operated by an isolate board.  O. Reg. 156/09, s. 3 (2).

(3) The base fee for an elementary school pupil enrolled in a school operated by a district school board is determined as follows:

1. Take the total of the portions of the pupil foundation allocation determined under paragraphs 1 and 2 of section 15 of the grant regulation.

2. Determine an amount on account of the school foundation allocation for elementary school pupils, by determining the sum of the following amounts:

i. The amounts determined under paragraphs 1 and 2 of subsection 16 (4) of the grant regulation.

ii. The amount determined under paragraph 8 of subsection 16 (5) of the grant regulation.

iii. The amount determined under paragraph 11 of subsection 16 (6) of the grant regulation.

iv. The amount determined under paragraph 4 of subsection 16 (7) of the grant regulation.

v. The amount determined under subparagraph 2 v of subsection (4).

3. Take the amount of the board’s primary class size allocation for the fiscal year, as determined under section 17 of the grant regulation.

4. Determine an amount on account of the special education allocation for elementary school pupils, as follows:

i. Take the amount determined in respect of the board under paragraph 1 of section 19 of the grant regulation.

ii. Take the amount determined in respect of the board under paragraph 2 of section 19 of the grant regulation.

iii. Calculate the sum of the approved special equipment claims for elementary school pupils of the board for the fiscal year, as determined under section 20 of the grant regulation.

iv. Take the part of the special incidence claim for the board for the fiscal year, as determined under subsection 22 (2) of the grant regulation, that is generated by elementary school pupils of the board.

v. Divide the high needs amount for the board, as determined under section 21 of the grant regulation, by the day school A.D.E. of the board, counting only pupils of the board.

vi. Multiply the result obtained under subparagraph v by the day school A.D.E. of the board, counting only elementary school pupils of the board.

vii. Total the amounts obtained under subparagraphs i, ii, iii, iv and vi.

5. In the case of an English-language district school board, determine an amount on account of the language allocation for elementary school pupils, as follows:

i. Take the French as a second language amount for elementary school pupils of the board for the fiscal year, as determined under section 26 of the grant regulation.

ii. Calculate the part of the ESL/ELD amount for the board that is generated by elementary school pupils of the board, as follows:

A. Take the number determined under subsection 27 (3) of the grant regulation.

B. If the Toronto District School Board is a non-qualifying OSSTF board within the meaning of subsection 7 (6) of the grant regulation, take $10,139,173, and in all other cases take the amount set out for the board in Table 2 of the grant regulation opposite the name of the board.

C. Divide the amount determined under sub-subparagraph B by the day school A.D.E. for the board, counting only pupils of the board.

D. Multiply the result obtained under sub-subparagraph C by the day school A.D.E. for the board, counting only elementary school pupils of the board.

E. Total the amounts determined under sub-subparagraphs A and D.

iii. Total the amounts determined under subparagraphs i and ii.

6. In the case of a French-language district school board, determine an amount on account of the language allocation for elementary school pupils, as follows:

i. Multiply by $699.29 the number of elementary school pupils of the board on October 31, 2009.

ii. Divide $200,710.76 by the day school A.D.E. for the board.

iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only elementary school pupils of the board.

iv. Add the product determined under subparagraph iii to the total of the amounts determined under paragraphs 2 and 3 of subsection 30 (2) of the grant regulation.

v. Calculate the part of the PDF funding level for the board for the fiscal year, as determined under subsection 30 (3) of the grant regulation, that is generated by elementary school pupils of the board.

vi. Total the amounts determined under subparagraphs i, iv and v.

7. Determine an amount on account of the First Nation, Métis and Inuit Education supplemental allocation for elementary school pupils as follows:

i. Take the Native language amount for elementary school pupils of the board as determined under subsection 31 (2) of the grant regulation.

ii. Take the census-based Aboriginal amount determined for the board under subsection 31 (5) of the grant regulation.

iii. Divide the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only pupils of the board.

iv. Multiply the amount determined under subparagraph iii by the day school A.D.E. for the board, counting only elementary school pupils of the board.

v. Total the amounts calculated under subparagraphs i and iv.

8. Determine an amount on account of the learning resources for distant schools allocation for elementary school pupils as follows:

i. If the amount determined under paragraph 6 of subsection 32 (1) of the grant regulation is greater than the amount determined under paragraph 11 of that subsection, calculate an amount as follows:

A. Add to the amount determined under paragraph 2.1 of subsection 32 (1) of the grant regulation the total of the amounts, if any, set out in Column 7 of Table 5 of the grant regulation opposite the names of the elementary schools of the board set out in Column 3 of that Table.

B. Add to the amount determined under sub-subparagraph A the amount determined under paragraph 14 of subsection 32 (1) of the grant regulation.

ii. If the amount determined under paragraph 6 of subsection 32 (1) of the grant regulation is less than or equal to the amount determined under paragraph 11 of that subsection, calculate an amount as follows:

A. Take the amount determined under paragraph 8 of subsection 32 (1) of the grant regulation.

B. Add to the amount determined under sub-subparagraph A the amount determined under paragraph 14 of subsection 32 (1) of the grant regulation.

C. Add to the amount determined under sub-subparagraph B the total of the amounts, if any, set out in Column 7 of Table 5 of the grant regulation opposite the names of the elementary schools of the board set out in Column 3 of that Table where the distance set out in Column 6 of that Table is less than 20 kilometres.

D. Add to the amount determined under sub-subparagraph C the amount determined under sub-subparagraph 7 ii G of subsection (4).

9. Determine an amount on account of the remote and rural allocation for elementary school pupils, as follows:

i. Total the amounts, if any, determined under the following provisions of the grant regulation:

A. Subparagraph 1 iii of subsection 33 (2).

B. Subparagraph 2 iv of subsection 33 (2).

C. Subparagraph 3 iv of subsection 33 (2).

D. Clause 33 (3) (a).

E. Paragraph 1 of subsection 33 (4).

F. Subsection 33 (5).

ii. Calculate an amount determined according to the formula:

(DD – F) × ADEE × B

in which,

“DD”, “F” and “ADEE” have the same meaning as in subsection 33 (8) of the grant regulation, and

“B” is $5.57401, in the case of an ETFO board, within the meaning of subsection 7 (5) of the grant regulation, or $5.61662 in all other cases.

iii. Total the amounts determined under subparagraphs i and ii.

10. Determine an amount on account of the rural and small community allocation for elementary school pupils, as follows:

i. Divide the amount of the board’s rural and small community allocation for the year, if any, as determined under section 34 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board.

ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only elementary school pupils of the board.

11. Determine an amount on account of the new teacher induction program amount for elementary school pupils of the board as follows:

i. Multiply the amount determined for the board under section 39 of the grant regulation by the sum of,

A. the number of elementary school teachers of the board counted for the purposes of subsection 40 (3) of Ontario Regulation 85/08 (Grants for Student Needs — Legislative Grants for the 2008-2009 School Board Fiscal Year) made under the Act, who had two or fewer full years of teaching experience under subsection 40 (6) of that regulation, and

B. the number of teachers set out in Column 2 of Table 9.1 of the grant regulation opposite the name of the board.

ii. Divide the product determined under subparagraph i by the sum of,

A. the number of teachers of the board counted for the purposes of subsection 40 (3) of Ontario Regulation 85/08 (Grants for Student Needs — Legislative Grants for the 2008-2009 School Board Fiscal Year) made under the Act, who had two or fewer full years of teaching experience under subsection 40 (6) of that regulation, and

B. the number of teachers set out in Column 2 of Table 9.1 of the grant regulation opposite the name of the board.

12. Determine an amount on account of the learning opportunities allocation for elementary school pupils, as follows:

i. Take the total of,

A. $121,182,830, in the case of the Toronto District School Board if that Board is a non-qualifying OSSTF board within the meaning of subsection 7 (6) of the grant regulation, and in all other cases, the amount set out opposite the name of the board in Column 2 of Table 7 of the grant regulation,

A.1 the stabilization amount set out opposite the name of the board in Column 4 of Table 7 of the grant regulation,

B. the amount determined for the board under paragraph 4 of subsection 35 (5) of the grant regulation, and

C. $162,576.

ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board.

iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only elementary school pupils of the board.

iv. Take the total of,

A. the amount determined for the board under paragraph 2 of subsection 35 (5) of the grant regulation, and

B. the amount determined for the board under paragraph 8 of subsection 35 (5) of the grant regulation.

v. Add the amounts determined under subparagraphs iii and iv.

13. Determine an amount on account of the safe schools allocation for elementary school pupils as follows:

i. Take the total of,

A. the amount of the board’s programs and supports component, as determined under subsection 36 (2) of the grant regulation, and

B. the amount of the board’s professional staff support component, as determined under subsection 36 (3) of the grant regulation.

ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board.

iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only elementary school pupils of the board.

14. Take the elementary school teacher qualification and experience amount for the fiscal year, as determined under subsection 40 (1) of the grant regulation.

15. Determine an amount on account of the cost adjustment for non-teachers for elementary school pupils as follows:

i. Divide the amount set out in Column 2 of Table 9 of the grant regulation opposite the name of the board in Column 1 by the day school A.D.E. for the board, counting only pupils of the board.

ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only elementary school pupils of the board.

16. Determine an amount on account of the administration and governance allocation for elementary school pupils, as follows:

i. Subtract the total of the amounts determined under paragraphs 13 and 14 of subsection 42 (2) of the grant regulation, and the amount determined under subsection 42 (8) of the grant regulation, from the amount of the board’s administration and governance allocation for the fiscal year, as determined under section 42 of the grant regulation.

ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board.

iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only elementary school pupils of the board.

17. Determine an amount on account of the program enhancement allocation for elementary school pupils, as follows:

i. Take the number of qualifying sole elementary schools of the board within the meaning of subsection 16 (3) of the grant regulation.

ii. Multiply the number determined under subparagraph i by $9,650.

18. Determine an amount on account of the school operations part of the pupil accommodation allocation for elementary school pupils by multiplying the benchmark operating cost of $71.81 per metre squared,

i. by the adjusted elementary school area requirement for the board determined under paragraph 3 of subsection 45 (1) of the grant regulation, if a supplementary elementary school area factor is approved for the board under that section, or

ii. by the elementary school area requirement for the board determined under paragraph 2 of subsection 45 (1) of the grant regulation, if no supplementary elementary school area factor is approved for the board under that section.

19. Take the total of the amounts determined in respect of the board under paragraphs 17, 22, 26 and 29 of subsection 45 (1) of the grant regulation.

20. Determine an amount on account of the board’s adjustment for declining enrolment in respect of elementary school pupils by,

i. dividing the amount of the board’s adjustment for declining enrolment, if any, as determined under section 57 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board, and

ii. multiplying the amount determined under subparagraph i by the day school A.D.E. for the board, counting only elementary school pupils of the board.

21. Total the amounts determined for the board under paragraphs 1 to 20.

22. Divide the amount determined under paragraph 21 by the day school A.D.E. for the board, counting only elementary school pupils of the board.  O. Reg. 156/09, s. 3 (3); O. Reg. 353/09, s. 1 (1-11); O. Reg. 199/10, s. 1 (1).

(4) The base fee for a secondary school pupil enrolled in a school operated by a district school board is determined as follows:

1. Take the portion of the pupil foundation allocation determined under paragraph 3 of section 15 of the grant regulation.

2. Determine an amount on account of the school foundation allocation for secondary school pupils, as follows:

i. Determine the sum of the following amounts:

A. The amounts determined under paragraphs 4 and 6 of subsection 16 (4) of the grant regulation.

B. The amount determined under paragraph 17 of subsection 16 (5) of the grant regulation.

C. The amount determined under paragraph 20 of subsection 16 (6) of the grant regulation.

D. The amounts determined under paragraphs 8 and 12 of subsection 16 (7) of the grant regulation.

ii. Determine the amount that would be determined under section 16 of the grant regulation as the board’s school foundation allocation if the number of qualifying sole elementary schools of the board and the number of qualifying sole secondary schools of the board, were each deemed to be zero.

iii. Take the day school A.D.E. for the board, counting only elementary school pupils of the board enrolled in schools that are part of a qualifying combined school of the board within the meaning of subsection 16 (3) of the grant regulation.

iv. Multiply the amount determined under subparagraph ii by the number determined under subparagraph iii.

v. Divide the amount determined under subparagraph iv by the day school A.D.E. for the board, counting only pupils of the board enrolled in schools that are part of a qualifying combined school of the board within the meaning of subsection 16 (3) of the grant regulation.

vi. Subtract the amount determined under subparagraph v from the amount determined under subparagraph i.

3. Determine an amount on account of the special education allocation for secondary school pupils, as follows:

i. Take the amount determined in respect of the board under paragraph 3 of section 19 of the grant regulation.

ii. Calculate the sum of the approved special equipment claims for secondary school pupils of the board for the fiscal year, as determined under section 20 of the grant regulation.

iii. Take the part of the special incidence claim for the board for the fiscal year, as determined under subsection 22 (2) of the grant regulation, that is generated by secondary school pupils of the board.

iv. Divide the high needs amount for the board, as determined under section 21 of the grant regulation, by the day school A.D.E. of the board, counting only pupils of the board.

v. Multiply the result obtained under subparagraph iv by the day school A.D.E. of the board, counting only secondary school pupils of the board.

vi. Total the amounts obtained under subparagraphs i, ii, iii and v.

4. In the case of an English-language district school board, determine an amount on account of the language allocation for secondary school pupils, as follows:

i. Take the French as a second language amount for secondary school pupils of the board for the fiscal year, as determined under section 26 of the grant regulation.

ii. Calculate the part of the ESL/ELD amount for the board that is generated by secondary school pupils of the board, as follows:

A. Take the number determined under subsection 27 (3) of the grant regulation.

B. If the Toronto District School Board is a non-qualifying OSSTF board within the meaning of subsection 7 (6) of the grant regulation, take $10,139,173, and in all other cases take the amount set out for the board in Table 2 of the grant regulation opposite the name of the board.

C. Divide the amount determined under sub-subparagraph B by the day school A.D.E. for the board, counting only pupils of the board.

D. Multiply the result obtained under sub-subparagraph C by the day school A.D.E. for the board, counting only secondary school pupils of the board.

E. Total the amounts determined under sub-subparagraphs A and D.

iii. Total the amounts determined under subparagraphs i and ii.

5. In the case of a French-language district school board, determine an amount on account of the language allocation for secondary school pupils, as follows:

i. Multiply $796.60 by the day school A.D.E., counting only secondary school pupils of the board.

ii. Divide $200,710.76 by the day school A.D.E. for the board.

iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only secondary school pupils of the board.

iv. Add $76,485.01 to the amount determined under subparagraph iii.

v. Add the amount determined under subparagraph iv to the total of the amounts determined under paragraphs 5, 6 and 7 of subsection 30 (2) of the grant regulation.

vi. Calculate the part of the PDF funding level for the board for the fiscal year, as determined under subsection 30 (3) of the grant regulation, that is generated by secondary school pupils of the board.

vii. Total the amounts determined under subparagraphs i, v and vi.

6. Determine an amount on account of the First Nation, Métis and Inuit Education supplemental allocation for secondary school pupils as follows:

i. Take the Native language amount for secondary school pupils of the board as determined under subsection 31 (3) of the grant regulation.

ii. Take the First Nation, Métis and Inuit studies amount determined under subsection 31 (4) of the grant regulation.

iii. Take the census-based Aboriginal amount determined for the board under subsection 31 (5) of the grant regulation.

iv. Divide the amount determined under subparagraph iii by the day school A.D.E. for the board, counting only pupils of the board.

v. Multiply the amount determined under subparagraph iv by the day school A.D.E. for the board, counting only secondary school pupils of the board.

vi. Total the amounts calculated under subparagraphs i, ii and v.

7. Determine an amount on account of the learning resources for distant schools allocation for secondary school pupils as follows:

i. If the amount determined under paragraph 6 of subsection 32 (1) of the grant regulation is greater than the amount determined under paragraph 11 of that subsection, calculate an amount as follows:

A. Add to the amount determined under paragraph 4 of subsection 32 (1) of the grant regulation the total of the amounts, if any, set out in Column 7 of Table 5 of the grant regulation opposite the names of secondary schools of the board set out in Column 4 of that Table.

B. Add to the amount determined under sub-subparagraph A the amount determined under paragraph 16 of subsection 32 (1) of the grant regulation.

ii. If the amount determined under paragraph 6 of subsection 32 (1) of the grant regulation is less than or equal to the amount determined under paragraph 11 of that subsection, calculate an amount as follows:

A. Take the amount determined under paragraph 10 of subsection 32 (1) of the grant regulation.

B. Add to the amount determined under sub-subparagraph A the amount determined under paragraph 16 of subsection 32 (1) of the grant regulation.

C. Add to the amount determined under sub-subparagraph B the total of the amounts, if any, set out in Column 7 of Table 5 of the grant regulation opposite the names of secondary schools of the board set out in Column 4 of that Table where the distance set out in Column 6 of that Table is less than 45 kilometres.

D. Determine the amount that would be determined under subsection 32 (1) of the grant regulation as the board’s learning resources for distant schools allocation if the number of qualifying sole elementary schools of the board and the number of qualifying sole secondary schools of the board were each deemed to be zero.

E. Take the day school A.D.E. for the board, counting only elementary school pupils of the board enrolled in schools that are part of a qualifying combined school of the board within the meaning of subsection 16 (3) of the grant regulation.

F. Multiply the amount determined under sub-subparagraph D by the number determined under sub-subparagraph E.

G. Divide the amount determined under sub-subparagraph F by the day school A.D.E. for the board, counting only pupils of the board enrolled in schools that are part of a qualifying combined school of the board within the meaning of subsection 16 (3) of the grant regulation.

H. Subtract the amount determined under sub-subparagraph G from the amount determined under sub-subparagraph C.

8. Determine an amount on account of the remote and rural allocation for secondary school pupils, as follows:

i. Total the amounts, if any, determined under the following provisions of the grant regulation:

A. Subparagraph 1 vi of subsection 33 (2).

B. Subparagraph 2 vii of subsection 33 (2).

C. Subparagraph 3 vii of subsection 33 (2).

D. Clause 33 (3) (b).

E. Paragraph 2 of subsection 33 (4).

F. Subsection 33 (6).

ii. Calculate an amount determined according to the formula:

(DD – F) × ADES × B

in which,

“DD”, “F” and “ADES” have the same meaning as in subsection 33 (8) of the grant regulation, and

“B” is $5.57401, in the case of a non-qualifying OSSTF board, within the meaning of subsection 7 (6) of the grant regulation, or $5.61662 in all other cases.

iii. Total the amounts determined under subparagraphs i and ii.

9. Determine an amount on account of the rural and small community allocation for secondary school pupils, as follows:

i. Divide the amount of the board’s rural and small community allocation for the year, if any, as determined under section 34 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board.

ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only secondary school pupils of the board.

10. Determine an amount on account of the new teacher induction program amount for secondary school pupils of the board as follows:

i. Multiply the amount determined under section 39 of the grant regulation by the number of secondary school teachers of the board counted for the purposes of subsection 40 (3) of Ontario Regulation 85/08 (Grants for Student Needs — Legislative Grants for the 2008-2009 School Board Fiscal Year) made under the Act, who had two or fewer full years of teaching experience under subsection 40 (6) of that regulation.

ii. Divide the product determined under subparagraph i by the number of teachers of the board counted for the purposes of subsection 40 (3) of Ontario Regulation 85/08 (Grants for Student Needs — Legislative Grants for the 2008-2009 School Board Fiscal Year) made under the Act, who had two or fewer full years of teaching experience under subsection 40 (6) of that regulation.

11. Determine an amount on account of the learning opportunities allocation for secondary school pupils, as follows:

i. Take the total of,

A. $121,182,830, in the case of the Toronto District School Board if that Board is a non-qualifying OSSTF board within the meaning of subsection 7 (6) of the grant regulation, and in all other cases, the amount set out opposite the name of the board in Column 2 of Table 7 of the grant regulation,

A.1 the stabilization amount set out opposite the name of the board in Column 4 of Table 7 of the grant regulation,

B. the amount determined for the board under paragraph 4 of subsection 35 (5) of the grant regulation, and

C. $162,576.

ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board.

iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only secondary school pupils of the board.

iv. Take the total of,

A. the amount determined for the board under paragraph 1 of subsection 35 (5) of the grant regulation, and

B. the amount determined for the board under paragraph 6 of subsection 35 (5) of the grant regulation.

v. Add the amounts determined under subparagraphs iii and iv.

12. Determine an amount on account of the safe schools allocation for secondary school pupils as follows:

i. Take the total of,

A. the amount of the board’s programs and supports component, as determined under subsection 36 (2) of the grant regulation, and

B. the amount of the board’s professional staff support component, as determined under subsection 36 (3) of the grant regulation.

ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board.

iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only secondary school pupils of the board.

iv. Add the amount of the board’s priority urban secondary schools component, as determined under subsection 36 (4) of the grant regulation, to the amount determined under subparagraph iii.

13. Take the secondary school teacher qualification and experience amount for the fiscal year, as determined under subsection 40 (2) of the grant regulation.

14. Determine an amount on account of the cost adjustment for non-teachers for secondary school pupils as follows:

i. Divide the amount set out in Column 2 of Table 9 of the grant regulation opposite the name of the board in Column 1 by the day school A.D.E. for the board, counting only pupils of the board.

ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only secondary school pupils of the board.

15. Determine an amount on account of the administration and governance allocation for secondary school pupils, as follows:

i. Subtract the total of the amounts determined under paragraphs 13 and 14 of subsection 42 (2) of the grant regulation, and the amount determined under subsection 42 (8) of the grant regulation, from the amount of the board’s administration and governance allocation for the fiscal year, as determined under section 42 of the grant regulation.

ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board.

iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only secondary school pupils of the board.

iv. Add the total of the amounts determined under paragraphs 13 and 14 of subsection 42 (2) of the grant regulation to the amount determined under subparagraph iii.

16. Determine an amount on account of the program enhancement allocation for secondary school pupils, as follows:

i. Take the number of qualifying sole secondary schools of the board within the meaning of subsection 16 (3) of the grant regulation.

ii. Take the number of qualifying combined schools of the board within the meaning of subsection 16 (3) of the grant regulation.

iii. Total the numbers determined under subparagraphs i and ii.

iv. Multiply the number determined under subparagraph iii by $9,650.

17. Determine an amount on account of the school operations part of the pupil accommodation allocation for secondary school pupils, by multiplying the benchmark operating cost of $71.81 per metre squared,

i. by the adjusted secondary school area requirement for the board determined under paragraph 13 of subsection 45 (1) of the grant regulation, if a supplementary secondary school area factor is approved for the board under that section, or

ii. by the secondary school area requirement for the board determined under paragraph 12 of subsection 45 (1) of the grant regulation, if no supplementary secondary school area factor is approved for the board under that section.

18. Take the total of the amounts determined in respect of the board under paragraphs 31, 36, 40 and 43 of subsection 45 (1) of the grant regulation.

19. Determine an amount on account of the board’s adjustment for declining enrolment in respect of secondary school pupils by,

i. dividing the amount of the board’s adjustment for declining enrolment, if any, as determined under section 57 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board, and

ii. multiplying the amount determined under subparagraph i by the day school A.D.E. for the board, counting only secondary school pupils of the board.

20. Total the amounts determined for the board under paragraphs 1 to 19.

21. Divide the amount determined under paragraph 20 by the day school A.D.E. for the board, counting only secondary school pupils of the board.  O. Reg. 156/09, s. 3 (4); O. Reg. 353/09, s. 1 (12-20); O. Reg. 199/10, s. 1 (2); O. Reg. 207/16, s. 1.

(5) The base fee for a pupil who is enrolled in a school operated by an isolate board is determined as follows:

1. Take the approved expenditure of the board within the meaning of subsection 62 (1) of the grant regulation.

2. Deduct the amount of the approved expenditure referred to in paragraph 1 that relates to transportation.

3. Deduct the amount of the approved expenditure referred to in paragraph 1 that relates to school renewal.

4. Divide the amount obtained under paragraph 3 by the day school A.D.E. for the board, counting only pupils of the board.  O. Reg. 156/09, s. 3 (5).

(6) The fee in respect of a pupil described in subsection (1) who is enrolled in a high cost program may be increased, at the option of the board, to the amount determined by multiplying the fee that would otherwise be payable,

(a) by a factor agreed on by the board providing the instruction and the party from whom the fee is receivable; or

(b) by a factor determined in the manner described in subsection (8) if the board and the party cannot agree on a factor.  O. Reg. 156/09, s. 3 (6).

(7) If the board providing the instruction and the party from whom the fee is receivable cannot agree on a factor, the factor shall be determined by three arbitrators, appointed as follows:

1. One arbitrator appointed by the board that provides the instruction.

2. One arbitrator appointed by the party from whom the fee is receivable.

3. One arbitrator appointed by the arbitrators appointed under paragraphs 1 and 2.  O. Reg. 156/09, s. 3 (7).

(8) The decision of the arbitrators or a majority of them is final and binding on the board providing the instruction and on the party from whom the fee is receivable.  O. Reg. 156/09, s. 3 (8).

(9) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies.  O. Reg. 156/09, s. 3 (9).

Fees, residing in Ontario

4. (1) This section applies in respect of a pupil described in subsection 46 (2) of the Act who is enrolled in a day school program in a school of a district school board or an isolate board and who resides,

(a) in a school section, separate school zone or secondary school district in which the pupil’s parent or guardian resides, on land that is exempt from taxation for the purposes of any board; or

(b) on a reserve, within the meaning of the Indian Act (Canada), on which the pupil’s parent or guardian resides.  O. Reg. 353/09, s. 2.

(2) The fee that a board shall charge in respect of a pupil described in subsection (1) to the parent or guardian is $40 for each month or part of a month the pupil is enrolled in a school of the board.  O. Reg. 156/09, s. 4 (2).

(3) A board charging a parent or guardian a fee of $40 for any month or part of a month under subsection (2) in respect of a pupil described in subsection (1) who is enrolled in a school of the board shall not charge the parent or guardian any fee under subsection (2) for the same month or part of a month in respect of another pupil described in subsection (1) who is enrolled in a school of the board.  O. Reg. 156/09, s. 4 (3).

(4) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies.  O. Reg. 156/09, s. 4 (4).

Fees, not residing in Ontario

5. (1) The fee in respect of a pupil who is enrolled in a day school program in a school of a district school board or an isolate board and whose parent or guardian does not reside in Ontario is an amount determined by the board that does not exceed the maximum fee determined under subsection (2) or (3).  O. Reg. 156/09, s. 5 (1).

(2) Except as is provided in subsection (3), the maximum fee is the amount calculated as follows:

1. Add the base fee determined for the pupil under subsection 3 (3), (4) or (5), as applicable, and the P.A.C. for the pupil.

2. Multiply the amount obtained under paragraph 1 by 0.1.

3. Multiply the result obtained under paragraph 2 by the number of months or part months during which the pupil is enrolled in a school operated by the board.  O. Reg. 156/09, s. 5 (2).

(3) If the pupil is enrolled in a high cost program, the maximum fee is the total of the amount calculated under subsection (2) and such additional amount as may be determined by the board that does not exceed the additional cost to the board of providing the high cost program to the pupil.  O. Reg. 156/09, s. 5 (3).

(4) This section does not apply in respect of a pupil,

(a) to whom subsection 49 (6) of the Act applies; or

(b) who was a pupil of a board for the purposes of Ontario Regulation 85/08 (Grants for Student Needs — Legislative Grants for the 2008-2009 School Board Fiscal Year), made under the Act.  O. Reg. 156/09, s. 5 (4).

Fees, s. 68 boards

6. (1) The fee in respect of a pupil who is enrolled in a day school program in a school operated by a section 68 board and whose parent or guardian does not reside in Ontario is the amount determined as follows:

1. Take the expenditure of the board for the fiscal year that is acceptable to the Minister for grant purposes, excluding,

i. expenditures for debt charges,

ii. expenditures for the purchase of capital assets, as determined under the grant regulation,

iii. expenditures for the restoration of destroyed or damaged capital assets, as determined under the grant regulation, and

iv. provisions for reserves for working funds and provisions for reserve funds. 

2. Deduct the revenue of the board for the fiscal year from,

i. any organization on whose property a school of the board is located, and

ii. refunds of expenditure of the kind described in subparagraph 1 i, ii or iii.

3. Determine the number of pupil days for the period September 1, 2009 to August 31, 2010 by adding, for each instructional day in that period, the number of pupils enrolled in schools of the board who receive instruction on that day.

4. Divide the amount obtained under paragraph 2 by the total number of pupil days determined under paragraph 3.

5. Multiply the result obtained under paragraph 4 by the number of instructional days for which the pupil is enrolled in a school of the board during the same period.  O. Reg. 156/09, s. 6 (1).

(2) This section does not apply to a pupil to whom subsection 49 (6) of the Act applies.  O. Reg. 156/09, s. 6 (2).

Fees, pupils to whom s. 49 (6) of the Act applies

7. (1) The fee in respect of a pupil who is enrolled in a day school program and to whom subsection 49 (6) of the Act applies is the amount determined in accordance with a fees policy developed for the purposes of this section by the board that operates the school in which the pupil is enrolled.  O. Reg. 156/09, s. 7 (1).

(2) A board’s fee policy must not authorize a fee in respect of an elementary school pupil that is less than the amount that would be calculated under subsection 3 (2) of this Regulation in respect of an elementary school pupil, if that subsection had applied to the pupil and subsection 49 (6) of the Act had not applied to the pupil.  O. Reg. 156/09, s. 7 (2).

(3) A board’s fee policy must not authorize a fee in respect of a secondary school pupil that is less than the amount that would be calculated under subsection 3 (2) of this Regulation in respect of a secondary school pupil, if that subsection had applied to the pupil and subsection 49 (6) of the Act had not applied to the pupil.  O. Reg. 156/09, s. 7 (3).

Fees, summer school and continuing education

8. (1) The fee in respect of a pupil to whom subsection 49 (6) of the Act applies and who is enrolled in a summer school or continuing education class or course provided by a district school board or an isolate board is the amount determined by the board.  O. Reg. 156/09, s. 8 (1).

(2) The fee referred to in subsection (1) in respect of a pupil enrolled in a continuing education class or course of the board shall not be less than the fee determined by applying paragraphs 1 to 3 of subsection (4).  O. Reg. 156/09, s. 8 (2).

(3) The fee referred to in subsection (1) in respect of a pupil enrolled in a summer school program of the board shall not be less than the fee determined by applying paragraphs 1 to 3 of subsection (5).  O. Reg. 156/09, s. 8 (3).

(4) The fee in respect of a pupil described in subsection 3 (1) or 5 (1) who is enrolled in a continuing education class or course provided by a district school board or an isolate board is such amount as may be agreed on by the board and the party from whom the fee is receivable or, in the absence of agreement, the amount determined as follows:

1. Determine the expenditure of the board in the fiscal year for continuing education classes or courses.

2. Divide the amount determined under paragraph 1 by the continuing education A.D.E. for the board.

3. Multiply the result obtained under paragraph 2 by the continuing education A.D.E. for the board, counting only pupils described in this subsection.  O. Reg. 156/09, s. 8 (4).

(5) The fee in respect of a pupil described in subsection 3 (1) or 5 (1) who is enrolled in a summer school class or course provided by a district school board or an isolate board is such amount as may be agreed on by the board and the party from whom the fee is receivable or, in the absence of agreement, the amount determined as follows:

1. Determine the expenditure of the board in the fiscal year for summer school classes or courses.

2. Divide the amount determined under paragraph 1 by the summer school A.D.E. for the board.

3. Multiply the result obtained under paragraph 2 by the summer school A.D.E. for the board, counting only pupils described in this subsection.  O. Reg. 156/09, s. 8 (5).

No fee between boards

9. No fee is payable under this Regulation by one board to another board.  O. Reg. 156/09, s. 9.

10. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 156/09, s. 10.

 

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