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Education Act

ONTARIO REGULATION 261/19

RECIPROCAL EDUCATION APPROACH

Consolidation Period: From July 31, 2020 to the e-Laws currency date.

Last amendment: 439/20.

Legislative History: 235/20, 439/20.

This is the English version of a bilingual regulation.

CONTENTS

PART I
INTERPRETATION

1.

Definitions

PART II
SECTION 185 OF THE ACT

2.

Prescribed persons

2.1

Prescribed persons re written notice

2.2

Indirect collection of personal information

3.

Prescribed schools

4.

Prescribed fees

5.

Agreements

6.

Set off

7.

Transition

PART III
SECTION 188 OF THE ACT

7.1

Prescribed persons re written notice

7.2

Indirect collection of personal information

8.

Prescribed services and supports

9.

Agreements

10.

Transition

 

Part I
Interpretation

Definitions

1. In this Regulation,

“fees regulation” means a regulation made under subsection 11 (3) of the Act for a given school board fiscal year; (“règlement sur les droits”)

“full-time coefficient” means the number calculated in accordance with subsection 4 (2); (“coefficient temps plein”)

“guardian” has the same additional meaning as set out in section 18 of the Act; (“tuteur”)

“isolate board” means a school authority that is not a school board established under section 68 of the Act; (“conseil isolé”)

“legislative grant regulation” means a regulation made under subsection 234 (1) of the Act for the given school board fiscal year; (“règlement sur les subventions générales”)

“prescribed person” means a person prescribed under section 2. (“personne prescrite”)

Part II
Section 185 of the Act

Prescribed persons

2. (1) Subject to subsection (2), a person is prescribed for the purposes of section 185 of the Act if the following conditions are met:

1. The person is under 21 years of age.

2. The person is a resident of Ontario.

(2) Subsection (1) does not apply to a person if,

(a) the person is a registered Indian residing on a reserve within the meaning of the Indian Act (Canada), other than a person who is, or whose parent or guardian is, an owner or tenant of property within the area of jurisdiction of the board that is assessed for an amount not less than the assessment limit for the school board fiscal year set out in section 1 of Ontario Regulation 471/98 (School Attendance Rights — Non-Resident Property Owners) made under the Act;

(b) the person is liable to pay fees as specified under subsection 49 (6) of the Act; or

(c) the person does not have any parents or guardians who reside in Ontario and was not counted as a pupil of a board for the purposes of the previous fiscal year.

(3) For the purposes of paragraph 1 of subsection (1), a person who turns 21 years old on or after January 1 of a given school year is deemed to be under 21 years of age.

Prescribed persons re written notice

2.1 The following persons are prescribed for the purposes of subparagraph 3 iv of subsection 185 (1) of the Act as persons who may provide written notice in respect of a pupil or person described in section 2, provided that the person providing notice is at least 18 years of age:

1. A person who is authorized by a person referred to in subparagraph 3 i, ii or iii of subsection 185 (1) of the Act to provide such notice.

2. A person who facilitates the pupil or person’s access to education.

3. A person from the pupil or person’s extended family, as defined in the Child, Youth and Family Services Act, 2017. O. Reg. 439/20, s. 1.

Indirect collection of personal information

2.2 When written notice is provided by a person described in section 2.1 in respect of a pupil or person, a board may indirectly collect the personal information about the pupil or person that is contained in the written notice. O. Reg. 439/20, s. 1.

Prescribed schools

3. (1) Each school listed in Table 1 of this section is prescribed for the purposes of section 185 of the Act in respect of the 2019-2020 school year and each subsequent school year. O. Reg. 261/19, s. 3 (1).

(2) Each school listed in Table 2 of this section is prescribed for the purposes of section 185 of the Act in respect of the 2019-2020 school year. O. Reg. 235/20, s. 1 (1).

(3) A school is prescribed for the purposes of section 185 of the Act in respect of a given school year and each subsequent school year if the school satisfies the following conditions after October 30 of the previous school year and before October 31 of the given school year:

1. The school does not charge tuition fees to its pupils or to the parents or guardians of its pupils.

2. If the school is operated by an entity referred to in paragraph 1 of subsection 185 (1) of the Act, other than an entity that participates in the Anishinabek Education System,

i. the school is located in Ontario, and

ii. the entity provides documentation to the Minister demonstrating that the school is operated by the entity and is compliant with paragraph 1 of this subsection.

3. If the school is operated by an entity referred to in paragraph 1 of subsection 185 (1) of the Act that participates in the Anishinabek Education System, the entity provides documentation to the Minister demonstrating that the school is compliant with paragraph 1 of this subsection. O. Reg. 235/20, s. 1 (2).

(4) For greater certainty, a tuition fee referred to in paragraph 1 of subsection (3) does not include a fee charged in respect of boarding, lodging or transportation. O. Reg. 261/19, s. 3 (4).

Table 1

Item

Column 1
Name of school

Column 2
Community

1.

Bimose Community High School

Kenora

2.

Emily C. General Elementary School

Ohsweken

3.

Gaagagekiizhik School

Kenora

4.

I.L. Thomas Odadrihonyanita Elementary School

Ohsweken

5.

I.R. Churchill Elementary School

Lac des Mille Lacs First Nation - Thunder Bay

6.

J.C. Hill Elementary School Six Nations

Ohsweken

7.

Jamieson Elementary School

Ohsweken

8.

Morris Thomas Memorial School

Lac Seul First Nation

9.

Obishikokaang Elementary School

Lac Seul First Nation

10.

Oliver M. Smith Kawenni:io Elementary School

Ohsweken

11.

Quinte Mohawk School

Tyendinaga

12.

Seventh Fire Secondary School

Lac des Mille Lacs First Nation - Thunder Bay

13.

Six Nations Polytechnic STEAM Academy

Brantford

14.

Waninitawingaang Memorial School

Lac Seul First Nation

O. Reg. 235/20, s. 1 (3).

 

Table 2

Item

Column 1
Name of school

Column 2
First Nation community, town or city

1.

Aamjiwnaang Binoojiinyag Kino Maagewgamgoons Day Care and JK/SK Preschool

Sarnia

2.

Adult Learning Centre

Beausoleil First Nation

3.

Adults in Motion Private School

Garden River

4.

Aglace Chapman Education Centre

Big Trout Lake

5.

Antler River Elementary School

Chippewas of the Thames First Nation

6.

Baibombeh Anishinabe School

Pawitik

7.

Batchewana Learning Centre

Sault Ste Marie

8.

Biinjitiwaabik Zaaging Anishinaabek School

Biinjitiwabik Zaaging Anishnabek First Nation (Rocky Bay Reserve)

9.

Bkejwanong Kinomaagewgamig

Walpole Island

10.

Chief Simeon McKay Education Centre

Kasabonika

11.

Christian Island Elementary School

Beausoleil First Nation

12.

Deer Lake First Nations (David Meekis)

Deer Lake

13.

Delores D. Echum Composite

Moose Factory

14.

Dennis Franklin Cromarty High School

Thunder Bay

15.

Dokis Indian Day School Kikendawt Kinoomaadii Gaming

Dokis First Nation

16.

Eenchokay Birchstick

Pikangikum

17.

Endzhi-gkinoohmaading (Elementary School)

Biigtigong Nishnaawbeg

18.

Francine J. Wesley Secondary School

Kashechewan

19.

John C Yesno Education Centre

Eabamet Lake

20.

Kawenni:io/Gaweni:yo High School

Ohsweken

21.

Keewaytinook Internet High School

Bearskin Lake First Nation

22.

Keewaytinook Internet High School

Deer Lake First Nation

23.

Keewaytinook Internet High School

Fort Severn First Nation

24.

Keewaytinook Internet High School

Fort William First Nation

25.

Keewaytinook Internet High School

Keewaywin First Nation

26.

Keewaytinook Internet High School

Mattagami Lake First Nation

27.

Keewaytinook Internet High School

McDowell Lake First Nation (Thunder Bay and Red Lake sites)

28.

Keewaytinook Internet High School

Mishkegogamang First Nation

29.

Keewaytinook Internet High School

Nibinamik First Nation

30.

Keewaytinook Internet High School

North Spirit Lake First Nation

31.

Keewaytinook Internet High School

Poplar Hill First Nation

32.

Keewaytinook Internet High School

Sachigo Lake First Nation

33.

Keewaytinook Internet High School

Weagamow Lake First Nation

34.

Keewaytinook Internet High School

Webequie First Nation

35.

Kenjgewin Teg Educational Institute

M’Chigeeng

36.

Kinomaugewgamik School

Wasauksing First Nation

37.

Lydia Lois Beardy Memorial

Wunnumin Lake

38.

Mamawmatawa Holistic Education Centre

Constance Lake

39.

Matawa Education & Care Centre

Thunder Bay

40.

Migizi Miigwanan Secondary School

Longlac

41.

Migizi Wazisin Elementary School

Longlac

42.

Mikinaak Onigaming School

Nestor Falls

43.

Mississauga First Nation Adult Education

Blind River

44.

Mizhakiiwetung Memorial

White Dog

45.

Mnjikaning Kendaaswin Elementary School

Chippewas of Rama

46.

Mundo Peetabeck Academy

Fort Albany

47.

Nbisiing Secondary School

Nipissing

48.

Netamisakomik Education Centre

Pic Mobert First Nation

49.

Ohahase Education Centre

Tyendinaga Mohawk Territory

50.

Pelican Falls First Nations High School

Sioux Lookout

51.

Pic River High School

Biigtigong Nishnaabeg

52.

Sakatcheway Anishinabe

Grassy Narrows

53.

Seven Generations Secondary School

Fort Frances

54.

Shawanosowe School

White Fish River

55.

Simon Jacob Memorial Education Centre

Webequie

56.

St. Joseph's Anishinabek School

Sheshegwaning First Nation

57.

Thomas Fiddler Memorial Private High School

Sandy Lake

58.

Vezina Secondary School

Attawapiskat

59.

Waabgon Gamig First Nation School

Georgina Island

60.

Wahsa Distance Education Centre

Sioux Lookout

61.

Wikwemikong High School

Wikwemikong

62.

Zhingwaako Za’iganing School

Lac La Croix

O. Reg. 235/20, s. 1 (3).

 

Prescribed fees

4. (1) For the purposes of subsection 185 (5) of the Act, the prescribed fee for a given school board fiscal year is the product of the following:

1. In respect of an elementary school pupil or prescribed person who is attending or is eligible to attend a school of a district school board,

i. the full-time coefficient of the pupil or prescribed person, and

ii. the base fee for an elementary school pupil, determined in accordance with the fees regulation.

2. In respect of a secondary school pupil or prescribed person who is attending or is eligible to attend a school of a district school board,

i. the full-time coefficient of the pupil or prescribed person, and

ii. the base fee for a secondary school pupil, determined in accordance with the fees regulation.

3. In respect of a pupil or prescribed person who is attending or is eligible to attend a school of an isolate board,

i. the full-time coefficient of the pupil or prescribed person, and

ii. the base fee for a pupil who is enrolled in a school operated by an isolate board, determined in accordance with the fees regulation.

(2) For the purposes of this section, the full-time coefficient of a pupil or a prescribed person is determined as follows:

1. On October 31 of a given school year, determine a number as follows:

i. Subject to subsection (3), determine the number of minutes in which the pupil or prescribed person is enrolled in a day school program on that day, or on the next school day that immediately follows October 31 if October 31 is a school holiday.

ii. If the number determined under subparagraph i is less than 210, divide the number by 300.

iii. If the number determined under subparagraph i is equal to or greater than 210, the number is deemed to be one.

2. Multiply the number determined under paragraph 1 by 0.5.

3. On March 31 of a given school year, determine a number as follows:

i. Subject to subsection (3), determine the number of minutes in which the pupil or prescribed person is enrolled in a day school program on that day, or on the next school day that immediately follows March 31 if March 31 is a school holiday.

ii. If the number determined under subparagraph i is less than 210, divide the number by 300.

iii. If the number determined under subparagraph i is equal to or greater than 210, the number is deemed to be one.

4. Multiply the number determined under paragraph 3 by 0.5.

5. Take the total of the numbers determined under paragraphs 2 and 4.

(3) The minutes referred to in subparagraphs 1 i and 3 i of subsection (2) exclude,

(a) recesses;

(b) lunch breaks; and

(c) scheduled intervals between classes or programs offered by the school.

Agreements

5. An agreement referred to in subsection 185 (6) of the Act shall contain the following terms:

1. The amount payable each school year for each pupil or prescribed person in respect of additional special education staffing required to support the health and safety of the pupil or prescribed person shall be the amount agreed upon under this agreement, which shall not exceed the maximum amount the board is entitled to receive under the special incidence claim (part of the special education allocation) provision of the legislative grant regulation.

2. The deductible that an entity referred to in paragraph 1 of subsection 185 (1) of the Act shall pay each school year for each pupil or prescribed person in respect of special education equipment required to support a pupil or prescribed person shall be the amount agreed upon under this agreement, which shall not exceed $800.

Set off

6. (1) If an entity referred to in paragraph 1 of subsection 185 (1) of the Act owes fees in respect of the base fee under section 188 of the Act for a period that starts on or after September 1, 2019, a school board may reduce the amount it pays to that entity under this Part by the amount that is owed.

(2) A board shall not charge interest in respect of any amounts owed by an entity referred to in subsection (1).

Transition

7. (1) An agreement entered into under section 185 of the Act on or before August 31, 2019 shall be deemed to include a condition that the fee in a given school board fiscal year that is to be paid by the board in respect of a pupil or prescribed person who attends a school on or after September 1, 2019 shall be at least the applicable fee set out in subsection 4 (1) of this Regulation.

(2) For the purposes of clause 185 (9) (a) of the Act, the prescribed day is the day a party to an agreement terminates the agreement by exercising their termination rights under the agreement.

Part III
Section 188 of the Act

Prescribed persons re written notice

7.1 The following persons are prescribed for the purposes of subparagraph 2 iv of subsection 188 (1) of the Act as persons who may provide written notice in respect of a pupil, provided that the person is at least 18 years of age:

1. A person who is authorized by a person referred to in subparagraph 2 i, ii or iii of subsection 188 (1) of the Act to provide such notice.

2. A person who facilitates the pupil’s access to education.

3. A person from the pupil’s extended family, as defined in the Child, Youth and Family Services Act, 2017. O. Reg. 439/20, s. 2.

Indirect collection of personal information

7.2 When written notice is provided by a person described in section 7.1 in respect of a pupil, a board may indirectly collect the personal information about the pupil that is contained in the written notice. O. Reg. 439/20, s. 2.

Prescribed services and supports

8. (1) For the purposes of subsection 188 (1.6) of the Act, if an agreement is entered into under subsection 188 (1.7) of the Act, the following prescribed services and supports may be provided to a pupil admitted under subsection 188 (1) of the Act:

1. Additional special education staffing required to support the health and safety of the pupil.

2. Special education equipment required to support the pupil.

3. Transportation services provided to the pupil.

4. Indigenous languages course or Indigenous studies course, if the course is not offered at the school to which the pupil would be admitted.

(2) The additional staffing referred to in paragraph 1 of subsection (1) must be a type of expense that a board would be eligible to claim under the special incidence claim (part of the special education allocation) provision of the legislative grant regulation.

(3) The equipment referred to in paragraph 2 of subsection (1) must be an expense that a board would be eligible to claim under the special equipment claim (part of the special equipment amount of the special education allocation) provision of the legislative grant regulation.

Agreements

9. An agreement entered into under subsection 188 (1.7) of the Act shall contain the following terms:

1. The amount payable each school year for each pupil in respect of additional special education staffing required to support the health and safety of the pupil shall be the amount agreed upon under this agreement, which shall not exceed the maximum amount the board is entitled to receive under the special incidence claim (part of the special education allocation) provision of the legislative grant regulation.

2. The deductible that a board shall pay each school year for each pupil in respect of special education equipment required to support a pupil shall be the amount agreed upon under this agreement, which shall not exceed $800.

Transition

10. (1) An agreement entered into under section 188 of the Act on or before August 31, 2019 shall be deemed to include a condition that the base fee in a given school board fiscal year that is to be paid by the First Nation in respect of a pupil who attends a school of a school board on or after September 1, 2019 shall be the applicable fee set out in the fees regulation.

(2) For the purposes of clause 188 (1.10) (a) of the Act, the prescribed day is the day a party to an agreement terminates the agreement by exercising their termination rights under the agreement.

Part IV (OMITTED)

11. Omitted (provides for coming into force of provisions of this Regulation).

 

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