O. Reg. 193/10: RESTRICTED PURPOSE REVENUES, Education Act, R.S.O. 1990, c. E.2

Education Act

ONTARIO REGULATION 193/10

RESTRICTED PURPOSE REVENUES

Historical version for the period September 15, 2010 to May 10, 2011.

Last amendment: O. Reg. 365/10.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“legislative grant regulation” means regulations made under subsection 234 (1) of the Act; (“règlements sur les subventions générales”)

“revenue from other sources” for the fiscal year, has the same meaning as in the legislative grant regulations for that fiscal year. (“recettes provenant d’autres sources”) O. Reg. 193/10, s. 1.

Interpretation

2. Nothing in this Regulation shall be interpreted to limit the amount that a board may use for a purpose set out in this Regulation. O. Reg. 193/10, s. 2.

Internal audits

3. A district school board shall use the amount determined for internal audits (part of the board’s administration and governance allocation) under the legislative grant regulations only for the purpose of internal audits. O. Reg. 193/10, s. 3.

School renewal

4. (1) A board shall use the amount determined for its school renewal allocation under the legislative grant regulations only for the purpose of school renewal expenditures within the meaning of subsection (3). O. Reg. 193/10, s. 4 (1).

(2) A district school board shall use the amount held in its pupil accommodation allocation reserve fund on August 31, 2010 that is attributable to school renewal only for the purpose of school renewal expenditures within the meaning of subsection (3). O. Reg. 193/10, s. 4 (2).

(3) An expenditure by a board is a school renewal expenditure if it is categorized as a school renewal expenditure in the Ministry’s Uniform Code of Accounts, revised March 2010, which is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 193/10, s. 4 (3).

Special education

5. (1) Subject to subsections (1.1) and (2), a board shall use the amount determined for its special education allocation under the legislative grant regulations only for the purpose of special education. O. Reg. 193/10, s. 5 (1); O. Reg. 365/10, s. 1 (1).

(1.1) A board shall not use the amount described in subsection (1) for the purpose of programs provided by the board under an agreement with any of the following facilities:

1. A psychiatric facility.

2. An agency approved under subsection 8 (1) of the Child and Family Services Act.

3. A facility designated under the Developmental Services Act.

4. A place of temporary detention, open custody or secure custody continued or established under section 89 of the Child and Family Services Act.

5. A home for special care licensed under the Homes for Special Care Act.

6. A hospital approved by the Minister.

7. A correctional institution as defined in the Ministry of Correctional Services Act.

8. A place of temporary detention and a youth custody facility under the Youth Criminal Justice Act (Canada).

9. A long-term care home as defined in subsection 2 (1) of the Long-Term Care Homes Act, 2007.

10. An intensive support residence and a supported group living residence within the meaning of subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008. O. Reg. 365/10, s. 1 (2).

(2) Where a board did not incur expenses in a fiscal year by reason of a strike or lock-out affecting the operations of the board, the amount referred to in subsection (1) shall be adjusted by deducting the portion of those unincurred expenses that is attributable to special education. O. Reg. 193/10, s. 5 (2).

(3) For the purposes of subsection (2), unincurred expenses shall be calculated in accordance with Ontario Regulation 486/98. O. Reg. 193/10, s. 5 (3).

Special equipment

6. (1) Subject to subsection (2), a district school board shall use the amount determined for special equipment (part of the board’s special education allocation) under the legislative grant regulations, less all amounts received for approved special equipment claims, only for the purpose of special equipment. O. Reg. 193/10, s. 6 (1).

(2) The amount determined under subsection (1) shall not be used for the purpose of special equipment that is the subject of an approved special equipment claim. O. Reg. 193/10, s. 6 (2).

(3) The amount determined under subsection (1) for a fiscal year shall be used in accordance with any guidelines referred to in the legislative grant regulations for that fiscal year in respect of special equipment. O. Reg. 193/10, s. 6 (3).

Education development charges

6.1 If a district school board sells, leases or otherwise disposes of real property that was acquired, in whole or in part, by the board or by another person, with funds withdrawn from an education development charge account, and the property was not used to provide accommodation for pupils, the board shall use the net proceeds (as described under subsection 6.2 (7)) of the sale, lease or other disposition, up to the amount withdrawn for the property’s acquisition, in accordance with the following rules:

1. If the board has an education development charge by-law that applies to the area in which the property is located, the proceeds shall be allocated to the education development charge account established in respect of that by-law and used for the purposes set out in subsection 16 (2) of Ontario Regulation 20/98 (Education Development Charges — General) made under the Act.

2. If paragraph 1 does not apply but the board has an education development charge account established under subsection 23 (4) of Ontario Regulation 20/98 from which money may be used to acquire land or an interest in land in the area in which the property is located, the proceeds shall be allocated to that account and used for the purposes set out in subsection 23 (6) or (6.0.1) of that regulation, as the case may be.

3. If paragraphs 1 and 2 do not apply but the board has one or more education development charge accounts from which money may be used to acquire land or an interest in land in any part of the region prescribed under clause 257.101 (1) (d) of the Act in which the property is located, the proceeds shall be allocated to those accounts and used for the purposes set out in subsection 16 (2), 23 (6) or (6.0.1) of Ontario Regulation 20/98, as the case may be.

4. If paragraphs 1, 2 and 3 do not apply, the proceeds shall be allocated to the education development charge accounts established under section 16.1 of Ontario Regulation 20/98 and used for the purposes set out in subsection 16.1 (2) of that regulation. O. Reg. 365/10, s. 2.

Dispositions of real property

6.2 (1) Subject to subsection (5), a district school board shall use all proceeds of sales, leases and other dispositions of real property only for the purposes of,

(a) acquiring by lease the things listed in subsection (2);

(b) acquiring by purchase or otherwise the things listed in subsection (2) to be used by the board for school renewal; or

(c) subject to subsections (6) to (8), acquiring, by purchase, lease or otherwise, real property to be used by the board for board administration purposes, and additions, alterations, renovations or major repairs to real property used by the board for those purposes. O. Reg. 365/10, s. 2.

(2) The following are the things referred to in clauses (1) (a) and (b), but only if the things meet the criteria described in subsection (3):

1. School sites that provide or are capable of providing pupil accommodation, and additions or improvements to such school sites.

2. School buildings, fixtures of school buildings, fixtures of school properties, and additions, alterations, renovations or major repairs to school buildings, fixtures of school buildings or fixtures of school properties.

3. Furniture and equipment to be used in school buildings.

4. Library materials for the initial equipping of libraries in school buildings.

5. Installations on school properties to supply school buildings on the properties with water, sewer, septic, electrical, heating, cooling, natural gas, telephone or cable services, and alterations, replacements or major repairs to those installations.

6. Changes to the level, drainage or surface of school properties. O. Reg. 365/10, s. 2.

(3) The things must meet the criteria for capitalizing a tangible capital asset set out in the document entitled “School Board and School Authority Tangible Capital Assets: Provincial Accounting Policies and Implementation Guide”, revised April 2010, which is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 365/10, s. 2.

(4) Subject to subsection (5), every district school board shall use all proceeds of insurance on property of a kind referred to in subsection (2) only for the purposes referred to in subsection (1). O. Reg. 365/10, s. 2.

(5) Subsections (1) and (4) do not apply to,

(a) proceeds that the board is required to use in accordance with section 6.1;

(b) proceeds that the board is required to pay another board under an agreement approved by the former Education Improvement Commission; or

(c) proceeds that the board is required to pay to the Crown in right of Canada pursuant to an agreement under subsection 188 (3) of the Act. O. Reg. 365/10, s. 2.

(6) The amount that a district school board may use from the proceeds referred to in subsections (1) and (4) for the purpose described in clause (1) (c) shall not exceed the total of the board’s net proceeds from sales, leases and other dispositions of real property that, immediately before January 1, 1998, included buildings that were used by an old board for board administration purposes. O. Reg. 365/10, s. 2.

(7) Subject to subsection (8), for the purpose of subsection (6), the net proceeds from a sale, lease or other disposition is equal to the proceeds from the sale, lease or other disposition, less the expenses incurred for commissions, legal fees, appraisal fees, registration fees and adjustments to tax and utility accounts in respect of the sale, lease or other disposition. O. Reg. 365/10, s. 2.

(8) For the purpose of subsection (6), if more than two hectares of land are included in property that is sold, leased or otherwise disposed of, the net proceeds from the sale, lease or other disposition shall be determined in accordance with the following formula:

A × (B ÷ C)

where,

A = the net proceeds from the sale, lease or other disposition, determined in accordance with subsection (7),

B = the fair market value, at the time of the sale, lease or other disposition, of a part of the property, not exceeding two hectares in area, that includes,

(a) the land on which the buildings used by the old board for board administration purposes were situated, and

(b) any other part of the property that was required to permit those buildings to be used by the old board for board administration purposes,

C = the fair market value, at the time of the sale, lease or other disposition, of all the property.

O. Reg. 365/10, s. 2.

(9) A district school board shall not use the proceeds referred to in subsection (1) for the purpose described in clause (1) (c) unless the following requirements have been met:

1. The board must publish the following on a publicly accessible website or in a newspaper that, in the opinion of the secretary of the board, is of general circulation in the board’s area of jurisdiction:

i. Notice of the board’s proposal to use proceeds for the purpose described in clause (1) (c).

ii. Sufficient information to permit the board’s supporters to understand generally the board’s reasons for the proposed use of proceeds, but excluding information that, in the opinion of the board, would prejudice the board’s position in negotiations for the proposed acquisition.

iii. Sufficient information to permit the board’s supporters to understand generally the board’s plans respecting use of the proceeds, but excluding information that, in the opinion of the board, would prejudice the board’s position in negotiations for the proposed acquisition.

iv. Notice of the time and place of a meeting of the board’s supporters at which the board’s proposal will be discussed.

v. Notice that the board’s supporters will be given the opportunity to make representations at the meeting.

2. The board must hold the meeting referred to in subparagraph iv of paragraph 1 on a day that is at least 21 days after the requirements of paragraph 1 have been met and must provide the opportunity to make representations referred to in subparagraph v of paragraph 1.

3. Within the period that begins three months after the meeting referred to in subparagraph iv of paragraph 1 and ends one year after that meeting, the board must pass a resolution that,

i. is consistent with the notices and information provided under paragraph 1, and

ii. directs the application of the proceeds referred to in subsection (1) for the purpose described in clause (1) (c). O. Reg. 365/10, s. 2.

Deferred revenue

7. A requirement under this Regulation to use an amount for a particular purpose shall not be interpreted as requiring a board to use that amount in the fiscal year for which the amount was provided or in which the amount was received. O. Reg. 193/10, s. 7.

Revenue from other sources, reserve funds

8. (1) Any revenue from other sources received by the board that is used by the board for a purpose set out in this Regulation is in addition to the amount that the board is required by this Regulation to use for that purpose. O. Reg. 193/10, s. 8 (1).

(2) Any amount that was held in a reserve fund of the board on August 31, 2010 for a purpose set out in this Regulation, and that is deemed to be an amount restricted for the same purpose under subsection 233.2 (1) of the Act, is in addition to the amount that the board is required by this Regulation to use for that purpose. O. Reg. 193/10, s. 8 (2).

9. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 193/10, s. 9.