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Education Act

ONTARIO REGULATION 221/11

Extended Day and third party Programs

Historical version for the period November 30, 2015 to May 8, 2016.

Last amendment:  O. Reg. 363/15.

This is the English version of a bilingual regulation.

CONTENTS

PART I
GENERAL

1.

Interpretation and application

PART II
SCHOOLS SUBJECT TO SECTION 259 OF THE ACT

2.1

Schools subject to s. 259 (1) of the Act

3.

Exceptions

PART III
DETERMINATIONS RE EXTENDED DAY AND THIRD PARTY PROGRAMS

5.

Determination of base fees

6.

Posting of base fees and other information

7.

Collection of information from parents

8.

Projected enrolment

9.

Viability exception

10.

Other determinations

11.

Determination of actual fees for extended day programs

12.

Posting of actual fees and other information

13.

Submission to Minister

PART IV
EXTENDED DAY PROGRAMS — CALCULATION OF FEES

16.

Calculation of base fees

17.

Operating costs

18.

Calculation of actual fees

19.

Fees charged for before or after school portions of program

20.

Fees charged for specified portions of non-instructional day program

PART V
EXTENDED DAY PROGRAMS — MISCELLANEOUS

21.

Deposits and registration fees

22.

Board approval of delegation by principal

23.

Designation of early childhood educator position, exception

24.

Appointment to early childhood educator positions, urgent situations

25.

Appointment to early childhood educator positions, urgent or letter of permission

26.

Certificate cancelled, revoked or suspended

PART VI
THIRD PARTY PROGRAMS — MISCELLANEOUS

27.

Criteria re third party programs

28.

Conditions in agreement between board and operator

29.

Third party program ceasing operation during a school year

 

Part I
GENERAL

Interpretation and application

1. (1) For the purposes of this Regulation,

“actual daily fee” means the extended day program fee for a school’s extended day program, calculated in accordance with subsection 18 (1); (“droits quotidiens réels”)

“actual non-instructional day fee” means the extended day program fee for a school on a non-instructional day, calculated in accordance with subsection 18 (2); (“droits réels pour les journées autres que des journées d’enseignement”)

“base daily fee” means the base extended day program fee for a board’s extended day programs, calculated in accordance with subsection 16 (1); (“droits quotidiens de base”)

“base non-instructional day fee” means the base extended day program fee for a board on a non-instructional day, calculated in accordance with subsection 16 (2); (“droits de base pour les journées autres que des journées d’enseignement”)

“French immersion” means classes or courses for English-speaking pupils in which French is the language of instruction for an average of 150 or more minutes per school day. (“programme d’immersion en français”) O. Reg. 221/11, s. 1 (1); O. Reg. 138/14, s. 1.

(2) A change in the name of a school does not affect obligations under this Regulation with respect to the school.  O. Reg. 221/11, s. 1 (2); O. Reg. 341/11, s. 1 (1).

(2.1) The obligations under this Regulation with respect to a school terminate upon the closure of the school. O. Reg. 363/15, s. 1.

(3) This Regulation only applies to district school boards, The Protestant Separate School Board of the Town of Penetanguishene, The Moosonee District School Area Board and The Moose Factory Island District School Area Board.  O. Reg. 341/11, s. 1 (2).

PART II
Schools Subject to Section 259 of the Act

2. Revoked:  O. Reg. 343/11, s. 1.

Schools subject to s. 259 (1) of the Act

2.1 (1) Every board shall, in every elementary school of the board in which instruction is given in grade 1, operate an extended day program or ensure the operation of a third party program under subsection 259 (1) of the Act. O. Reg. 138/14, s. 2.

(2) A board shall operate the program or ensure that the program is operated both before the start of the school day and after the end of the school day.  O. Reg. 341/11, s. 3.

Exceptions

3. (1) Despite section 2.1, a board is not required in a school year to operate or ensure the operation of the before school portion, the after school portion or both portions of an extended day program or a third party program in a school of the board if the board concludes under section 9 that it is exempt from the requirement with respect to the portion or portions for that school year with respect to the school.  O. Reg. 221/11, s. 3 (1); O. Reg. 341/11, s. 4; O. Reg. 343/11, s. 3 (1).

(2) Revoked:  O. Reg. 343/11, s. 3 (2).

(3) Despite section 2.1, a board is not required to operate an extended day program or ensure the operation of a third party program in the following circumstances:

1. A board is not required to operate an extended day program for pupils in junior kindergarten in a school or ensure the operation of a third party program for such pupils in the school if, pursuant to a policy of the board approved on or before June 26, 2014, the school offers only French immersion, starting in kindergarten or later.

2. A board is not required to operate an extended day program for pupils in kindergarten in a school or ensure the operation of a third party program for such pupils in the school if, pursuant to a policy of the board approved on or before June 26, 2014, the school offers only French immersion, starting in grade 1 or later.

3. A board is not required to operate an extended day program or ensure the operation of a third party program in a school in a school year if the school is identified in a policy or guideline issued by the Minister pursuant to paragraph 3.0.0.1 of subsection 8 (1) of the Act, and published on a Government of Ontario website, as a school that is not required to operate full day junior kindergarten or kindergarten for the school year, due to facility or other operational barriers to the board’s ability to operate full day junior kindergarten or kindergarten in that school in that school year.

4. The Toronto District School Board is not required to operate an extended day program or ensure the operation of a third party program in Thorncliffe Park Public School.

5. The Hastings and Prince Edward District School Board is not required to operate an extended day program or ensure the operation of a third party program in Harry J. Clarke Public School. O. Reg. 138/14, s. 3.

Part III
Determinations re Extended day and third party programs

4. Revoked:  O. Reg. 343/11, s. 4.

Determination of base fees

5. (1) No later than the first school day in January, every board shall determine the base daily fee and the base non-instructional day fee for the next school year.  O. Reg. 221/11, s. 5 (1).

(2) This section applies to a board even if the board does not intend to operate an extended day program in the next school year.  O. Reg. 221/11, s. 5 (2).

Posting of base fees and other information

6. (1) No later than the first school day in January, every board shall, with respect to each school in which the board is required to operate an extended day program or ensure the operation of a third party program in the next school year, do the following:

1. Post the fees described in subsection (2) or (3) and the information described in subsection (4) on the board’s website.

2. Provide the fees described in subsection (2) or (3) and the information described in subsection (4) in writing to,

i. parents of pupils enrolled in the school in junior kindergarten and, if relevant, kindergarten and other classes in the primary or junior divisions, and

ii. parents who have expressed an interest to the school or to the board in enrolling their children in the school in the next school year in junior kindergarten, kindergarten and, if relevant, other classes in the primary or junior divisions, and who have provided their contact information.  O. Reg. 221/11, s. 6 (1).

(2) The fees to be posted and provided under subsection (1) are the board’s base daily fees and base non-instructional day fees for the next school year if any of the following circumstances exist:

1. The board intends to operate an extended day program in the school in the next school year.

2. The board intends to ensure that a third party program is operated in the school in the next school year but does not have information about the fees that will be charged for the program.

3. The board has not decided whether it will operate an extended day program or ensure the operation of a third party program in the school in the next school year.  O. Reg. 221/11, s. 6 (2).

(3) The fees to be posted and provided under subsection (1) are the fees that the operator of a third party program has advised the board that it expects to charge in the next school year if the board intends to ensure that a third party program is operated in the school in the next school year and has taken reasonable steps to do so.  O. Reg. 221/11, s. 6 (3).

(4) The information to be posted and provided under subsection (1) is the following, if relevant:

1. Information about the board’s intention to operate an extended day program or ensure the operation of a third party program in the school in the next school year and notice that its intention is subject to change.

2. Notice that the board may not operate an extended day program or ensure the operation of a third party program in the school in the next school year if the board concludes, based on information collected, that the projected enrolment of children in the program is such that the board is exempt under section 9 from the requirement to operate the program in the next school year.

3. Notice that the fees are provided for the purpose of collecting information about interest in the extended day program or third party program and are subject to change.  O. Reg. 221/11, s. 6 (4).

Collection of information from parents

7. (1) At the same time as or after a board provides the fees to parents in accordance with paragraph 2 of subsection 6 (1), the board shall, to the extent possible, collect the following information from those parents:

1. If parents intend to enrol their children in junior kindergarten or kindergarten in a school of the board in the next school year, the parents’ intentions and interests related to enrolling their children in,

i. the before school portion, the after school portion or both portions of an extended day program or third party program operated in the school during the next school year, and

ii. an extended day program or third party program operated in the school on non-instructional days in the next school year.

2. If relevant, if parents intend to enrol their children in classes in the primary or junior divisions other than junior kindergarten or kindergarten in a school of the board in the next school year, the parents’ intentions and interests related to enrolling their children in,

i. the before school portion, the after school portion or both portions of an extended day program or third party program operated in the school during the next school year, and

ii. an extended day program or third party program operated in the school on non-instructional days in the next school year.

3. The parents’ preferences respecting the times in the day during which the before and after school portions of an extended day program or third party program would be operated in the next school year.  O. Reg. 221/11, s. 7 (1).

(2) A board shall collect the information by providing parents with questionnaires and by any other means that the board considers appropriate.  O. Reg. 221/11, s. 7 (2).

Projected enrolment

8. (1) A board shall determine the projected enrolment for an extended day program or a third party program in respect of each school at which the board is required to operate or ensure the operation of the program in the next school year.  O. Reg. 221/11, s. 8 (1).

(2) The board shall base projected enrolment on information collected under section 7.  O. Reg. 221/11, s. 8 (2).

(3) Subsection (2) applies even if the board’s intention to operate an extended day program or to ensure the operation of a third party program has changed since it posted its fees under section 6.  O. Reg. 221/11, s. 8 (3).

Viability exception

9. (1) Despite section 2.1, a board is not required to operate or ensure the operation of the before school portion, the after school portion or both portions of the extended day or third party program in a school in a school year if, by the day before the last day of April of the preceding school year, the board concludes that,

(a) the projected enrolment determined under section 8 of children in the relevant portion or portions of the extended day program or third party program operated in the school is less than 20 children, including only children who will be enrolled in junior kindergarten or kindergarten in the school in the next school year; and

(b) subject to subsection (2), the projected enrolment described in clause (a) cannot be increased to 20 children by including up to five children who will be enrolled in Grade 1 or 2 in the school in the next school year.  O. Reg. 221/11, s. 9 (1); O. Reg. 341/11, s. 5 (1); O. Reg. 343/11, s. 5.

(2) Clause (1) (b) does not apply if the board has a written agreement with a third party under which the third party operates a before school program and an after school program on the school site for pupils in Grades 1 and 2.  O. Reg. 221/11, s. 9 (2).

(3) A board shall reassess each year whether this section applies to it with respect to a school of the board.  O. Reg. 221/11, s. 9 (3); O. Reg. 341/11, s. 5 (2).

(4) Nothing in clause (1) (b) limits the right of a board to operate or ensure the operation of an extended day program or third party program for pupils of the board under subsection 259 (2) of the Act.  O. Reg. 221/11, s. 9 (4).

Other determinations

10. (1) After considering the information collected in accordance with section 7, a board shall determine the following:

1. The schools in which the board will operate extended day programs in the next school year for pupils enrolled in junior kindergarten or kindergarten.

2. The schools in which the board will ensure that a third party program will be operated in the next school year for pupils enrolled in junior kindergarten or kindergarten.

3. For each school in which the board will operate an extended day program in the next school year,

i. the actual number of minutes of operation of the program,

ii. the times in the day during which the board will operate the before and after school portions of the program,

iii. whether the board will operate the program for any pupils enrolled in the primary or junior divisions other than junior kindergarten or kindergarten,

iv. the features that the board anticipates the before and after school portions of the program will include, and

v. any non-instructional days on which the board anticipates it will operate the program for pupils enrolled in junior kindergarten or kindergarten and, if relevant, other pupils enrolled in the primary or junior divisions.  O. Reg. 221/11, s. 10 (1).

(2) A board shall confirm the following with the operator of a third party program for each school in which a third party program will be operated in the next school year:

1. The actual number of minutes of operation of the program.

2. The times in the day during which the operator will operate the before and after school portions of the program.

3. Whether the operator will operate the program for any children enrolled in the primary or junior divisions other than junior kindergarten or kindergarten.

4. Any non-instructional days on which the operator anticipates it will operate the program for children enrolled in junior kindergarten or kindergarten and, if relevant, other children enrolled in the primary or junior divisions.  O. Reg. 221/11, s. 10 (2).

Determination of actual fees for extended day programs

11. No later than the day before the last day of April, every board that determined that it will operate an extended day program in a school of the board in the next school year shall determine the actual daily fee and the actual non-instructional day fee, if any, to be charged by it to parents of pupils enrolled in the program.  O. Reg. 221/11, s. 11.

Posting of actual fees and other information

12. (1) No later than the day before the last day of April, every board shall, with respect to each school in which the board is required to operate an extended day program or ensure the operation of a third party program in the next school year, do the following:

1. Post the fees described in subsection (2) or (3) and the information described in subsection (4) on the board’s website.

2. Provide the fees described in subsection (2) or (3) and the information described in subsection (4) in writing to the parents described in subparagraphs 2 i and ii of subsection 6 (1).  O. Reg. 221/11, s. 12 (1).

(2) If a board has determined under section 10 with respect to a school that it will operate an extended day program in the next school year, the fees to be posted and provided under subsection (1) are the board’s actual daily fees and actual non-instructional day fees for the next school year.  O. Reg. 221/11, s. 12 (2).

(3) If a board has determined under section 10 with respect to a school that it will ensure that a third party program is operated in the next school year, the fees to be posted and provided under subsection (1) are the fees that the operator of the third party program has advised the board that it will charge in the next school year.  O. Reg. 221/11, s. 12 (3).

(4) The information to be posted and provided under subsection (1) is the following, if relevant:

1. The information determined or confirmed under section 10.

2. Financial assistance that may be available to persons who are charged fees for extended day programs or third party programs, or where to obtain that information.

3. Notice that if a third party program that the board indicates will be operated in a school is not operated, an extended day program or third party program will be operated in the school but the fees, days and times of operation may change.

4. Any other information that the board considers relevant.  O. Reg. 221/11, s. 12 (4).

(5) If a board will not operate an extended day program or ensure the operation of a third party program in a school of the board in the next school year due to its conclusion under section 9 that it is exempt from the requirement to do so, the board shall, no later than the day before the last day of April, do the following:

1. Post that information on the board’s website.

2. Provide that information in writing to the parents described in subparagraphs 2 i and ii of subsection 6 (1).  O. Reg. 221/11, s. 12 (5).

Submission to Minister

13. (1) No later than May 15, every board shall submit to the Minister the following information, if relevant, in a form specified by the Minister:

1. A list of the schools in which the board will operate extended day programs in the next school year, together with, for each school, a detailed account of how the determinations of actual daily fees and actual non-instructional day fees were arrived at.

2. A list of the schools in which the board will ensure that a third party program will be operated in the next school year, together with, for each school,

i. the fees that the operator of the third party program has advised the board that it will charge,

ii. the name of the operator of the third party program, and

iii. a statement confirming that the board has taken such steps as are necessary to ensure that the program meets the requirements under the Act.

3. A list of the schools in which the board will not operate an extended day program or ensure the operation of a third party program due to its conclusion under section 9 that it is exempt from the requirement to do so, together with, for each school,

i. the information on which it based its conclusion, and

ii. an affirmation to the Minister that it reached the conclusion in good faith, based on that information.  O. Reg. 221/11, s. 13 (1).

(2) If the information provided under subsection (1) changes before or during the next school year, the board shall notify the Minister of the change in writing.  O. Reg. 221/11, s. 13 (2).

14. Revoked:  O. Reg. 343/11, s. 6.

15. Revoked:  O. Reg. 343/11, s. 7.

 

Part IV
Extended Day Programs — Calculation of fees

Calculation of base fees

16. (1) The base daily fee for the next school year shall be determined as follows:

1. Project the board’s operating costs for an extended day program unit for the next school year, in accordance with section 17 and based on the assumption that the extended day programs will operate for 300 minutes a day for 188 days with an average enrolment of 25 pupils per unit.

2. Divide the amount projected under paragraph 1 by 25 (representing 25 pupils).

3. Divide the amount determined under paragraph 2 by 188 (representing 188 days).

4. Round the amount determined under paragraph 3 to the nearest multiple of 50 cents.  O. Reg. 221/11, s. 16 (1).

(2) The base non-instructional day fee for the next school year shall be determined as follows:

1. Multiply the base daily fee by 0.85.

2. Multiply the amount determined under paragraph 1 by 1.2.

3. Add the amount determined under paragraph 2 to the base daily fee.

4. Round the amount determined under paragraph 3 to the nearest multiple of 50 cents.  O. Reg. 221/11, s. 16 (2).

(3) The assumption specified in paragraph 1 of subsection (1) about minutes of operation,

(a) has no effect on the actual number of minutes of operation of the board’s extended day programs; and

(b) does not prevent the board from providing extended day programs during different minutes and for different numbers of minutes in different schools.  O. Reg. 221/11, s. 16 (3).

(4) The assumption specified in paragraph 1 of subsection (1) about average enrolment,

(a) has no effect on the actual number of pupils that a board may enrol in an extended day program unit; and

(b) does not prevent the board from enrolling different numbers of pupils in extended day program units in different schools.  O. Reg. 221/11, s. 16 (4).

Operating costs

17. (1) For the purposes of paragraph 1 of subsection 16 (1), a board’s projected operating costs for an extended day program unit for the next school year is the sum of the following:

1. The projected total wages per unit for employees needed by the board to staff extended day programs in the year, based on the assumption that two employees are needed to staff each unit and determined in accordance with subsection (3).  For the purposes of this paragraph and subsection (3), employees who staff an extended day program do not include employees about whom the average number is estimated under paragraph 1 of subsection (4) or employees who provide custodial services, administrative services or any other services ancillary to extended day programs. 

2. 24.32 per cent of the total determined under paragraph 1, on account of benefits.

3. 13.4 per cent of the sum of the totals determined under paragraphs 1 and 2, on account of vacation and statutory holiday pay.

4. 2 per cent of the sum of the totals determined under paragraphs 1 and 2, on account of professional development.

5. 5 per cent of the sum of the totals determined under paragraphs 1, 2, 3 and 4, on account of use of supply staff.

6. The projected total cost per unit of providing access to pupils with special education needs to the board’s extended day programs in the year, determined in accordance with subsection (4).

7. The projected total cost per unit of utilities and custodial services related to the board’s extended day programs in the year, determined in accordance with subsection (5).

8. The projected total supplies expenditures per unit related to the board’s extended day programs on instructional days in the year, determined in accordance with subsection (6).  An expenditure is a supplies expenditure if it is categorized as such in the most recent version of the Ministry’s Uniform Code of Accounts which is posted on the Ministry’s website.

9. The projected total cost per unit of food related to the board’s extended day programs on instructional days in the year, determined in accordance with subsection (7).

10. The projected total administrative costs per unit related to the board’s extended day programs in the year, determined in accordance with subsection (8), including costs of record keeping and fees collection but not including transaction costs accounted for under paragraph 12.

11. The projected total cost per unit of vacancies, not to exceed 5 per cent of the sum of the amounts determined under paragraphs 1 to 10.

12. The projected total transaction costs per unit, determined in accordance with subsection (9).  O. Reg. 221/11, s. 17 (1).

(2) The assumption specified in paragraph 1 of subsection (1) that two employees are needed to staff each extended day program unit,

(a) has no effect on the actual number of employees that a board may employ to staff an extended day program unit; and

(b) does not prevent the board from having different numbers of employees staff extended day program units in different schools.  O. Reg. 221/11, s. 17 (2).

(3) Projected total wages per unit under paragraph 1 of subsection (1) shall be determined as follows:

1. Determine the average hourly wages the board anticipates paying the employees needed by the board to staff an extended day program unit.

2. Multiply the amount determined under paragraph 1 by 940 (representing 188 days multiplied by five hours which is 300 minutes).

3. Multiply the amount determined under paragraph 2 by 2 (representing two employees).  O. Reg. 221/11, s. 17 (3).

(4) Projected total cost per unit of providing access to pupils with special education needs to the board’s extended day programs in the year under paragraph 6 of subsection (1) shall be determined as follows:

1. Estimate the average number of employees needed by the board to staff an extended day program unit (based on the assumption of 25 pupils per unit) for the purpose of providing access to pupils with special education needs to the program based on the following information, as available to the board:

i. The number of employees needed to provide special education services to pupils with special education needs enrolled in junior kindergarten and kindergarten and, if relevant, other classes in the primary or junior divisions in schools of the board, as compared to the total number of pupils enrolled in the classes, in the year preceding the relevant school year.

ii. The number of employees needed by the board to staff extended day program units for the purpose of providing access to pupils with special education needs to the program, as compared to the total number of pupils enrolled in the units, in the year preceding the relevant school year.

iii. The number of pupils who are expected to be enrolled in a school of the board for the first time and have been identified by the board as having special education needs through the process of developing entry-to-school plans or carrying out its duties under subsection 4 (1) of Regulation 306 (Special Education Programs and Services), or through any other process of the board.

iv. The extent to which parents of pupils identified in subparagraphs i to iii have expressed an interest in enrolling the pupils in one or more portions of an extended day program in a school of the board during the next school year.

v. The extent to which employees would be needed by the board to staff extended day programs for the purpose of providing access to pupils identified in subparagraphs i and iii to the program.

2. Determine the average hourly wages the board anticipates paying employees about whom the average number is estimated under paragraph 1.

3. Multiply the amount determined under paragraph 1 by the amount determined under paragraph 2.

4. Multiply the amount determined under paragraph 3 by 940 (representing 188 days multiplied by five hours which is 300 minutes).

5. Multiply the amount determined under paragraph 4 by 24.32 per cent, on account of benefits.

6. Multiply the totals determined under paragraphs 4 and 5 by 13.4 per cent, on account of vacation and statutory holiday pay. 

7. Multiply the totals determined under paragraphs 4, 5 and 6 by 5 per cent, on account of use of supply staff.

8. Estimate the total costs per unit of the board in respect of advisory or training services for the employees about whom the average number is estimated under paragraph 1, and other individuals involved in the provision of extended day programs to pupils with special education needs.

9. Estimate the total of any other costs per unit that the board has identified as necessary to provide access to pupils with special education needs to the board’s extended day programs in the year, based on relevant experiences of the board or any other board.  In estimating these costs, the board shall determine the types of costs that are necessary and the amount of each type of costs that is necessary.

10. Total the amounts determined under paragraphs 4, 5, 6, 7, 8 and 9.  O. Reg. 221/11, s. 17 (4).

(5) Projected total cost per unit of utilities and custodial services under paragraph 7 of subsection (1) shall be determined as follows:

1. Determine an amount, not to exceed $0.40, that represents the per pupil per hour cost of utilities and custodial services related to the board’s extended day programs.

2. Multiply the amount determined under paragraph 1 by 940 (representing 188 days multiplied by five hours which is 300 minutes).

3. Multiply the amount determined under paragraph 2 by 25 (representing 25 pupils).  O. Reg. 221/11, s. 17 (5).

(6) Projected total supplies expenditures per unit under paragraph 8 of subsection (1) shall be determined as follows:

1. Project the cost per pupil per instructional day for supplies expenditures.

2. Multiply the number projected under paragraph 1 by 4,700 (representing 25 pupils multiplied by 188 days).  O. Reg. 221/11, s. 17 (6).

(7) Projected total cost per unit of food under paragraph 9 of subsection (1) shall be determined as follows:

1. Project the cost per pupil per instructional day for food.

2. Multiply the number projected under paragraph 1 by 4,700 (representing 25 pupils multiplied by 188 days).  O. Reg. 221/11, s. 17 (7).

(8) Projected total administrative costs per unit under paragraph 10 of subsection (1) shall be determined as follows:

1. Determine the costs per unit related to contracts entered into by the board with third parties before the first school day in May of the preceding school year, if any, under which third parties will provide administrative services related to the board’s extended day programs by,

i. estimating the average number of extended day program units for which a single third party contractor provides administrative services,

ii. determining the average cost of the board’s contracts with the third parties, and

iii. dividing the amount determined under subparagraph i by the amount determined under subparagraph ii.

2. Determine the costs per unit related to employees of the board who spend 75 per cent or more of their time providing administrative services related to the board’s extended day programs by,

i. estimating the number of program units managed by one full-time equivalent person employed of the board who spends 75 per cent or more of his or her time providing the administrative services,

ii. estimating the average salary of the employees described in subparagraph i,

iii. dividing the amount determined under subparagraph ii by the amount determined under subparagraph i.

3. Total the amounts determined under paragraphs 1 and 2.

4. Determine the amount, if any, of the registration fee that the board will require under subsection 21 (1) in the next school year.

5. Multiply the amount determined under paragraph 4 by 25 (representing 25 pupils).

6. Subtract the amount determined under paragraph 5 from the amount determined under paragraph 3.  O. Reg. 221/11, s. 17 (8).

(9) Projected total transaction costs per unit under paragraph 12 of subsection (1) shall be determined as follows:

1. Estimate the percentage that the amount payable by the board under contracts or service agreements relating to transaction costs for extended day programs, such as credit card and debit card transactions, bears to the amount of fees collected by the board.

2. Multiply the percentage estimated under paragraph 1 by the sum of the amounts determined under paragraphs 1 to 11 of subsection (1).  O. Reg. 221/11, s. 17 (9).

Calculation of actual fees

18. (1) The actual daily fee charged by a board to parents of pupils enrolled in an extended day program at a school of the board shall be determined as follows:

1. Determine the percentage that the actual number of minutes of operation of the program in the school bears to 300 minutes.

2. Multiply the percentage determined under paragraph 1 by the base daily fee.

3. Round the amount determined under paragraph 2 to the nearest multiple of 50 cents.  O. Reg. 221/11, s. 18 (1).

(2) The actual non-instructional day fee charged by a board to parents of pupils enrolled in an extended day program at a school of the board on a non-instructional day shall be determined as follows:

1. Multiply the base daily fee by 0.85.

2. Multiply the amount determined under paragraph 1 by 1.2.

3. Add the amount determined under paragraph 2 to the actual daily fee determined under subsection (1).

4. Round the amount determined under paragraph 3 to the nearest multiple of 50 cents.  O. Reg. 221/11, s. 18 (2).

Fees charged for before or after school portions of program

19. (1) Subsection (2) applies to a parent of a pupil if the pupil is enrolled in only the before school portion or the after school portion of an extended day program at a school of the board.  O. Reg. 221/11, s. 19 (1).

(2) The fee charged by a board to a parent of a pupil described in subsection (1) shall be determined as follows:

1. Determine the percentage that the number of minutes of operation of the before school portion or the after school portion, as the case may be, in the school bears to 300 minutes.

2. Multiply the percentage determined under paragraph 1 by the base daily fee.

3. Round the amount determined under paragraph 2 to the nearest multiple of 50 cents.  O. Reg. 221/11, s. 19 (2).

Fees charged for specified portions of non-instructional day program

20. (1) Subsection (2) applies to a parent of a pupil if both of the following circumstances exist:

1. The pupil is enrolled in an extended day program at a school of the board on a non-instructional day.

2. The pupil is only enrolled in the portion of the program that is operated during the time when junior kindergarten and kindergarten are operated on instructional days.  O. Reg. 221/11, s. 20 (1).

(2) The fee charged by a board to a parent of a pupil described in subsection (1) shall be determined as follows:

1. Multiply the base daily fee by 0.85.

2. Multiply the amount determined under paragraph 1 by 1.2.

3. Round the amount determined under paragraph 2 to the nearest multiple of 50 cents.  O. Reg. 221/11, s. 20 (2).

(3) Subsection (4) applies to a parent of a pupil if all of the following circumstances exist:

1. The pupil is enrolled in an extended day program at a school of the board on a non-instructional day.

2. The pupil is enrolled in the portion of the program that is operated during the time when junior kindergarten and kindergarten are operated on instructional days.

3. The pupil is enrolled in either,

i. the portion of the program that is operated during the time when the before school portion of a program is operated on instructional days, or

ii. the portion of the program that is operated during the time when the after school portion of a program is operated on instructional days.  O. Reg. 221/11, s. 20 (3).

(4) The fee charged by a board to a parent of a pupil described in subsection (3) shall be determined as follows:

1. Multiply the base daily fee by 0.85.

2. Multiply the amount determined under paragraph 1 by 1.2.

3. Add the amount that would be determined under section 19 if the pupil attended the before school portion or after school portion, as the case may be, of a program operated on instructional days to the amount determined under paragraph 2.

4. Round the amount determined under paragraph 3 to the nearest multiple of 50 cents.  O. Reg. 221/11, s. 20 (4).

Part V
Extended Day Programs — Miscellaneous

Deposits and registration fees

21. (1) A board may require a deposit or a registration fee to be paid to enrol a pupil in an extended day program.  O. Reg. 221/11, s. 21 (1).

(2) The amount of a deposit required under subsection (1) shall not exceed the amount of fees charged by the board for two weeks’ enrolment in an extended day program and shall be deducted from the amount of fees payable to the board in respect of the pupil’s enrolment.  O. Reg. 221/11, s. 21 (2).

(3) The amount of a registration fee required under subsection (1) shall not exceed $50.  O. Reg. 221/11, s. 21 (3).

(4) A board shall refund a deposit, less a maximum of $50 for administrative fees, if, before the first day that the pupil is enrolled to attend the program the parent advises the board or a school of the board that the pupil will not be attending.  O. Reg. 221/11, s. 21 (4).

Board approval of delegation by principal

22. (1) A board may by resolution give approval to a principal to delegate some or all of his or her duties related to the operation of extended day programs to persons other than a vice-principal if the delegation is in accordance with the following:

1. The delegation is to,

i. a person appointed by a board under paragraph 5.1 of subsection 171 (1) of the Act to supervise persons in positions designated by the board as requiring an early childhood educator,

ii. a person appointed by a board under subsection 260 (2) of the Act to an early childhood educator position in an extended day program unit that is designated as requiring an early childhood educator, or

iii. a person who the principal considers able to fulfil the duties responsibly.

2. The duties delegated to a person described in subparagraph 1 iii may only be exercised in the event of an emergency and if,

i. no person described in subparagraph 1 i or ii is available, and

ii. there is no vice-principal employed in the principal’s school or there is a vice-principal employed in the principal’s school and the principal has already delegated the duties to be delegated to the vice-principal but he or she is not available.

3. A delegation under subparagraph 1 iii shall be for a temporary period that the principal considers appropriate in the circumstances.

4. A delegation under subparagraph 1 iii shall comply with guidelines, if any, established by the board under subsection (2).  O. Reg. 221/11, s. 22 (1).

(2) A board may establish guidelines respecting the categories of persons who may be delegates under subparagraph 1 iii of subsection (1).  O. Reg. 221/11, s. 22 (2).

(3) The board’s approval shall require that a delegation by a principal be in writing and include the following:

1. The name of the individual appointed as a delegate.

2. The scope of a delegation, including the duties being delegated and any conditions on the exercise of those duties.

3. The duration of the delegation.

4. Any other matter that the board considers should be included in writing in the delegation.  O. Reg. 221/11, s. 22 (3).

(4) Despite subsection (3), in the case of a delegation under subparagraph 1 iii of subsection (1), the matters referred to in paragraphs 1 to 4 of subsection (3) may be specified orally at the time of the delegation and confirmed in writing by the principal within such time period as the board may specify.  O. Reg. 221/11, s. 22 (4).

(5) A board’s approval shall include directions respecting a principal’s duty to monitor the manner in which delegates fulfil their duties.  O. Reg. 221/11, s. 22 (5).

(6) A board’s approval shall require the principal to ensure that any board policy governing emergency procedures, including emergency notifications, is readily available to every person to whom the principal delegates duties.  O. Reg. 221/11, s. 22 (6).

(7) A board’s approval shall require principals to provide copies of delegations and confirmations to such persons as the board may specify.  O. Reg. 221/11, s. 22 (7).

Designation of early childhood educator position, exception

23. A board is not required to designate a position in an extended day program unit in a school as requiring an early childhood educator or to appoint an early childhood educator to such a position if all of the pupils in the unit are nine years or older.  O. Reg. 221/11, s. 23.

Appointment to early childhood educator positions, urgent situations

24. (1) Subject to section 25, where no early childhood educator is available, a board may appoint, to an extended day program position designated by the board as requiring an early childhood educator, a person who is not,

(a) an early childhood educator; or

(b) a person authorized by a letter of permission to be appointed to a position designated by the board as requiring an early childhood educator.  O. Reg. 221/11, s. 24 (1).

(2) A person appointed under subsection (1) shall be 18 years of age or older and hold an Ontario secondary school diploma, a secondary school graduation diploma or a secondary school honour graduation diploma, or an equivalent to any of them.  O. Reg. 221/11, s. 24 (2).

(3) An appointment under this section is valid for 10 school days commencing with the day on which the person is appointed.  O. Reg. 221/11, s. 24 (3).

(4) A board shall submit an annual report to the Minister, and any additional reports that the Minister may require, about appointments made under this section.  O. Reg. 221/11, s. 24 (4).

(5) A report shall address such matters as the Minister may specify and shall be submitted within the time and in the form that the Minister may specify.  O. Reg. 221/11, s. 24 (5).

Appointment to early childhood educator positions, urgent or letter of permission

25. (1) A board shall not appoint a person to an extended day program position designated by the board as requiring an early childhood educator under section 24, or in accordance with a letter of permission, if the person is or has ever been a member of the College of Early Childhood Educators.  O. Reg. 221/11, s. 25 (1).

(2) A board shall not appoint a person to an extended day program position designated by the board as requiring an early childhood educator under section 24, or in accordance with a letter of permission, unless the person has provided to the board a written statement that any early childhood education certificate or licence granted to him or her by another jurisdiction is not cancelled, suspended or revoked for any reason other than failure to pay fees or levies to the governing body.  O. Reg. 221/11, s. 25 (2).

Certificate cancelled, revoked or suspended

26. A person whose early childhood education certificate of registration is cancelled, revoked or suspended by the College of Early Childhood Educators shall not be appointed to an extended day program position designated by a board as requiring an early childhood educator.  O. Reg. 221/11, s. 26.

Part VI
Third Party ProgramS — Miscellaneous

Criteria re third party programs

27. (1) For the purposes of paragraph 3 of section 259.1 of the Act, a board shall ensure that a third party program operated in a school of the board meets the criteria prescribed by this section.  O. Reg. 221/11, s. 27 (1).

(2) The operator of a third party program in the school must meet one of the following criteria:

1. The operator has an agreement with a service system manager designated under the Child Care and Early Years Act, 2014 for the provision of child care.

2. The operator is a corporation that has an agreement with the Minister under the Child Care and Early Years Act, 2014 for the establishment of a child care centre. O. Reg. 221/11, s. 27 (2); O. Reg. 363/15, s. 2 (1).

(3) The operator of a third party program in the school must be a not-for-profit entity or a municipality, unless the board is exempt from this requirement in respect of a school year under one of the following paragraphs:

1. For the 2011/2012 school year, the board affirms to the Minister, in a form specified by the Minister, no later than July 15, 2011, that the board has taken reasonable steps to find a not-for-profit entity or municipality to operate a third party program in the school but was not able to do so because,

i. there were no not-for-profit entities or municipalities that expressed an interest in operating the program, or

ii. none of the not-for-profit entities or municipalities that expressed an interest in operating the program would meet the third party program requirements under the Act.

2. The board affirms to the Minister, in a form specified by the Minister, no later than May 15 of the preceding school year, that,

i. after the first day of the preceding school year, notice of the board’s request for expressions of interest in operating a third party program in the school by not-for-profit entities or municipalities,

A. was published on the board’s website for at least 45 days,

B. was published in a newspaper having provincial circulation in Ontario on at least five of the days on which the notice was published on the board’s website, with at least one of those days being within the first 10 days on which the notice was published on the board’s website,

C. was published on a publicly accessible website approved by the Minister on at least 10 of the days on which the notice was published on the board’s website, and

D. was provided in writing, on the day the board first published the notice on its website, to the service system manager designated under the Child Care and Early Years Act, 2014 for the municipality in which the school is located, and

ii. the board was not able to find a not-for-profit entity or a municipality to operate a third party program in the school because,

A. there were no not-for-profit entities or municipalities that expressed an interest in operating the program, or

B. none of the not-for-profit entities or municipalities that expressed an interest in operating the program would meet the third party program requirements under the Act.

3. The board affirms to the Minister, in a form specified by the Minister, no later than May 15 of the preceding school year, that,

i. the board was previously exempt under paragraph 1 or 2 from the requirement that an operator of a third party program in the school must be a not-for-profit entity or a municipality,

ii. based on that exemption, the board entered into an agreement with a third party that was neither a not-for-profit entity nor a municipality to operate a third party program in the school,

iii. the agreement or a successor agreement between the board and that third party has been in effect every school year since the board was exempt under paragraph 1 or 2 from the requirement, and

iv. by agreement between the board and that third party, the third party will operate the third party program in the school year.

4. The board affirms to the Minister, in a form specified by the Minister, no later than May 15 of the preceding school year, that,

i. at the time this Regulation came into force, regardless of whether the board was required at that time to operate an extended day program or ensure the operation of a third party program in the school, the board had a written agreement with a third party that is neither a not-for-profit entity nor a municipality respecting the operation by the third party of a before school program, an after school program or both, on the school site, for pupils in junior kindergarten and kindergarten, outside the time when junior kindergarten and kindergarten are operated in the school,

ii. the agreement or a successor agreement between the board and that third party has been in effect every school year since this Regulation came into force, and

iii. by agreement between the board and that third party, the third party will operate the third party program in the school year.  O. Reg. 221/11, s. 27 (3); O. Reg. 343/11, s. 8; O. Reg. 363/15, s. 2 (2).

Conditions in agreement between board and operator

28. An agreement between a board and an operator of a third party program must include the following conditions:

1. The operator shall include in the third party program the content that boards are required to include in an extended day program.

2. The operator shall ensure that employees or contractors of the operator who become aware that a pupil of the board may have engaged in an activity described in subsection 306 (1) or 310 (1) of the Act report to the principal of the school about the matter, as soon as reasonably possible.  This requirement applies to employees or contractors of the operator who, in the normal course of providing the program, regularly come into direct contact with children enrolled in the third party program.  O. Reg. 221/11, s. 28.

Third party program ceasing operation during a school year

29. For the purposes of subparagraph 2 ii of subsection 259.3 (1) and subparagraph 2 ii of subsection 259.3 (2) of the Act, a board is required to ensure that in the circumstances described in those subsections a program operated under subsection 259 (1) is operated,

(a) on the professional activity days and any other day during the school year on which the program that was terminated or ceased to operate would have operated under the agreement that governed it; and

(b) during at least the same hours of operation on the days described in clause (a) that the program that was terminated or ceased to operate would have operated under the agreement that governed it.  O. Reg. 221/11, s. 29.

30. Omitted (revokes other Regulations).  O. Reg. 221/11, s. 30.

31. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 221/11, s. 31.

Schedule 1 Revoked:  O. Reg. 343/11, s. 9.