Education Act

ONTARIO REGULATION 261/19

RECIPROCAL EDUCATION APPROACH

Consolidation Period: From October 30, 2024 to the e-Laws currency date.

Last amendment: 414/24.

Legislative History: 235/20, 439/20, 456/21, 615/21, 20/23, 351/24, 414/24.

This is the English version of a bilingual regulation.

CONTENTS

 

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) Revoked: O. Reg. 456/21, 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 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 First Nation
4.	Aglace Chapman Education Centre	Big Trout Lake First Nation (Kitchenuhmaykoosib Inninuwug)
5.	Antler River Elementary School	Chippewas of the Thames First Nation
6.	Baibombeh Anishinabe School	Naotkamegwanning First Nation (Pawitik)
7.	Batchewana Learning Centre	Sault Ste Marie
8.	Biinjitiwaabik Zaaging Anishinaabek School	Biinjitiwabik Zaaging Anishinaabek First Nation (Rocky Bay Reserve)
9.	Bimose Community High School	Kenora
10.	Bkejwanong Kinomaagewgamig	Walpole Island First Nation
11.	Chief Simeon McKay Education Centre	Kasabonika First Nation
12.	Christian Island Elementary School	Beausoleil First Nation
13.	Deer Lake First Nations (David Meekis)	Deer Lake First Nation
14.	Delores D. Echum Composite	Moose Factory
15.	Dennis Franklin Cromarty High School	Thunder Bay
16.	Dokis Indian Day School Kikendawt Kinoomaadii Gaming	Dokis First Nation
17.	Eenchokay Birchstick	Pikangikum First Nation
18.	Emily C. General Elementary School	Ohsweken
19.	Endzhi-gkinoohmaading (Elementary School)	Biigtigong Nishnaabeg
20.	Francine J. Wesley Secondary School	Kashechewan First Nation
21.	Gaagagekiizhik School	Kenora
22.	I.L. Thomas Odadrihonyanita Elementary School	Ohsweken
23.	I.R. Churchill Elementary School	Lac des Mille Lacs First Nation - Thunder Bay
24.	J.C. Hill Elementary School Six Nations	Ohsweken
25.	Jamieson Elementary School	Ohsweken
26.	John C Yesno Education Centre	Eabamet Lake (Eabametoong First Nation)
27.	Kawenni:io/Gaweni:yo High School	Ohsweken
28.	Keewaytinook Internet High School	Bearskin Lake First Nation
29.	Keewaytinook Internet High School	Deer Lake First Nation
30.	Keewaytinook Internet High School	Fort Severn First Nation
31.	Keewaytinook Internet High School	Fort William First Nation
32.	Keewaytinook Internet High School	Keewaywin First Nation
33.	Keewaytinook Internet High School	Mattagami First Nation
34.	Keewaytinook Internet High School	McDowell Lake First Nation (Thunder Bay and Red Lake sites)
35.	Keewaytinook Internet High School	Mishkeegogamang First Nation
36.	Keewaytinook Internet High School	Nibinamik First Nation
37.	Keewaytinook Internet High School	North Spirit Lake First Nation
38.	Keewaytinook Internet High School	Poplar Hill First Nation
39.	Keewaytinook Internet High School	Sachigo Lake First Nation
40.	Keewaytinook Internet High School	Weagamow Lake First Nation
41.	Keewaytinook Internet High School	Webequie First Nation
42.	Kenjgewin Teg Educational Institute	M’Chigeeng First Nation
43.	Kinomaugewgamik School	Wasauksing First Nation
43.1	Lloyd S. King Elementary School	Mississaugas of the Credit First Nation
44.	Lydia Lois Beardy Memorial	Wunnumin Lake First Nation
45.	Mamawmatawa Holistic Education Centre	Constance Lake First Nation
46.	Matawa Education & Care Centre	Thunder Bay
47.	Migizi Miigwanan Secondary School	Long Lake #58 First Nation
48.	Migizi Wazisin Elementary School	Long Lake #58 First Nation
49.	Mikinaak Onigaming School	Nestor Falls
50.	Mississauga First Nation Adult Education	Blind River
51.	Mizhakiiwetung Memorial	Whitedog
52.	Mnjikaning Kendaaswin Elementary School	Chippewas of Rama First Nation
53.	Morris Thomas Memorial School	Lac Seul First Nation
54.	Mundo Peetabeck Academy	Fort Albany First Nation
55.	Nbisiing Secondary School	Nipissing First Nation
56.	Netamisakomik Education Centre	Pic Mobert First Nation
57.	Obishikokaang Elementary School	Lac Seul First Nation
58.	Ohahase Education Centre	Tyendinaga Mohawk Territory (Mohawks of the Bay of Quinte)
59.	Oliver M. Smith Kawenni:io Elementary School	Ohsweken
60.	Pelican Falls First Nations High School	Sioux Lookout
61.	Pic River High School	Biigtigong Nishnaabeg
62.	Quinte Mohawk School	Tyendinaga Mohawk Territory (Mohawks of the Bay of Quinte)
63.	Sakatcheway Anishinabe	Grassy Narrows First Nation (Asubpeechoseewagong Netum Anishinabek)
64.	Seven Generations Secondary School	Fort Frances
65.	Seventh Fire Secondary School	Lac des Mille Lacs First Nation - Thunder Bay
66.	Shawanosowe School	Whitefish River First Nation
67.	Simon Jacob Memorial Education Centre	Webequie First Nation
68.	Six Nations Polytechnic STEAM Academy	Brantford
69.	St. Joseph's Anishinabek School	Sheshegwaning First Nation
70.	Thomas Fiddler Memorial Private High School	Sandy Lake First Nation
71.	Vezina Secondary School	Attawapiskat First Nation
72.	Waabgon Gamig First Nation School	Chippewas of Georgina Island
73.	Wahsa Distance Education Centre	Sioux Lookout
74.	Waninitawingaang Memorial School	Lac Seul First Nation
75.	Revoked: O. Reg. 20/23, s. 1.
76.	Zhingwaako Za’iganing School	Lac La Croix First Nation

O. Reg. 456/21, s. 1 (2); O. Reg. 615/21, s. 1; O. Reg. 20/23, s. 1.

Table 2 Revoked: O. Reg. 456/21, s. 1 (2).

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 $31,536.

Note: On January 1, 2025, the day subsection 1 (4) of Schedule 2 to the Better Schools and Student Outcomes Act, 2023 comes into force, the French version of paragraph 1 of section 5 of the Regulation is remade. (See: O. Reg. 414/24, s. 1)

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. O. Reg. 261/19, s. 5; O. Reg. 351/24, s. 1.

Note: On January 1, 2025, the day subsection 1 (4) of Schedule 2 to the Better Schools and Student Outcomes Act, 2023 comes into force, the French version of paragraph 2 of section 5 of the Regulation is remade. (See: O. Reg. 414/24, s. 1)

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.

Note: On January 1, 2025, the day subsection 1 (4) of Schedule 2 to the Better Schools and Student Outcomes Act, 2023 comes into force, the French version of paragraph 1 of subsection 8 (1) of the Regulation is remade. (See: O. Reg. 414/24, s. 2)

2. Special education equipment required to support the pupil.

Note: On January 1, 2025, the day subsection 1 (4) of Schedule 2 to the Better Schools and Student Outcomes Act, 2023 comes into force, the French version of paragraph 2 of subsection 8 (1) of the Regulation is remade. (See: O. Reg. 414/24, s. 2)

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. O. Reg. 261/19, s. 8 (1).

(2) The additional staffing referred to in paragraph 1 of subsection (1) must be a type of expense that a board would have been eligible to claim under the document entitled “Special education funding guidelines: Special Incidence Portion (SIP), 2022-23” which is available on a website of the government of Ontario. O. Reg. 351/24, s. 2.

(3) The pupil referred to in paragraph 2 of subsection (1) must meet the eligibility criteria for specialized equipment that apply for the purposes of the SEA claims-based component of the legislative grant regulation. O. Reg. 351/24, s. 2.

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 $31,536.

Note: On January 1, 2025, the day subsection 1 (4) of Schedule 2 to the Better Schools and Student Outcomes Act, 2023 comes into force, the French version of paragraph 1 of section 9 of the Regulation is remade. (See: O. Reg. 414/24, s. 3)

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. O. Reg. 261/19, s. 9; O. Reg. 351/24, s. 3.

Note: On January 1, 2025, the day subsection 1 (4) of Schedule 2 to the Better Schools and Student Outcomes Act, 2023 comes into force, the French version of paragraph 2 of section 9 of the Regulation is remade. (See: O. Reg. 414/24, s. 3)

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).