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O. Reg. 617/21: CALCULATION OF FEES FOR PUPILS FOR THE 2021-2022 SCHOOL BOARD FISCAL YEAR

under Education Act, R.S.O. 1990, c. E.2

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current August 31, 2021 (e-Laws currency date)

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Education Act

ONTARIO REGULATION 617/21

CALCULATION OF FEES FOR PUPILS FOR THE 2021-2022 SCHOOL BOARD FISCAL YEAR

Consolidation Period:  From August 31, 2021 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

1.

Interpretation

2.

Application

3.

Education for Indians

4.

Fees, residing in Ontario

5.

Fees, not residing in Ontario

6.

Fees, s. 68 boards

7.

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

8.

Fees, summer school and continuing education

9.

No fee between boards

 

Interpretation

1. (1) In this Regulation,

“continuing education class or course” has the same meaning as in section 91 of the grant regulation; (“classe ou cours d’éducation permanente”)

“day school A.D.E. of elementary school pupils of a board” means the average daily enrolment determined for the board under section 85 of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les élèves de l’élémentaire d’un conseil”)

“day school A.D.E. of other pupils of a board” means the average daily enrolment determined for the board under section 90 of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les autres élèves d’un conseil”)

“day school A.D.E. of pupils of a board” means the average daily enrolment determined for the board under section 84 of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les élèves d’un conseil”)

“day school A.D.E. of secondary school pupils of a board” means the average daily enrolment determined for the board under section 87 of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les élèves du secondaire d’un conseil”)

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

“elementary school pupil” means a pupil who is enrolled in any of junior kindergarten, kindergarten and grades 1 to 8; (“élève de l’élémentaire”)

“grant regulation” means Ontario Regulation 616/21 (Grants for Student Needs — Legislative Grants for the 2021-2022 School Board Fiscal Year) made under the Act; (“règlement sur les subventions”)

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

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

“secondary school pupil” means a pupil who is enrolled in any of grades 9 to 12; (“élève du secondaire”)

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

“summer school class or course” means a summer school class or course as defined in subsection 95 (1) of the grant regulation. (“classe ou cours d’été”)

(2) For the purposes of this Regulation, a pupil is considered to be a pupil of a board if they are a pupil of the board for the purposes of the grant regulation.

(3) The pupil accommodation charge for a pupil is $141 in the case of an elementary school pupil or $282 in the case of a secondary school pupil.

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

Application

2. This Regulation applies in respect of the fiscal year of boards that commences on September 1, 2021 and ends on August 31, 2022.

Education for Indians

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

(a) the Crown in right of Canada; or

(b) a band, the council of a band or an education authority where the band, council of a band or education authority is authorized by the Crown in right of Canada to provide education for Indians.

(2) The fee in respect of the pupil is calculated by multiplying the day school A.D.E. of the pupil by the base fee for the board as set out in,

(a) Column 2 of Table 1, in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board;

(b) Column 3 of Table 1, in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board; or

(c) Column 2 of Table 2, in the case of a pupil who is enrolled in a school operated by an isolate board.

(3) For the purposes of subsection (2), the day school A.D.E. of a pupil referred to in that subsection is the day school A.D.E. of other pupils of the board, calculated as if the pupil were the board’s only pupil.

(4) If a party from whom a fee is payable requests, or if the board recommends and that party agrees, that the board provide an educational program, service or equipment for a pupil described in subsection (1) under an agreement that was entered into on or before August 31, 2019 under subsection 188 (1) of the Act, as that subsection read on August 31, 2019, the fee in respect of the pupil may be increased as follows:

1. If the board does not receive any funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment.

2. If the board receives partial funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment that exceeds the amount received in the base fee.

(5) For the purposes of subsection (4), if the board providing the educational program, service or equipment and the party from whom the fee is receivable cannot agree on the amount by which the fee is to be increased, the amount shall be determined by three arbitrators, appointed as follows:

1. One arbitrator appointed by the board.

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

3. One arbitrator appointed by the arbitrators appointed under paragraphs 1 and 2.

(6) The decision of the arbitrators or a majority of them is final and binding on the board and on the party from whom the fee is receivable.

(7) Subject to subsection (8), if the board has entered into an agreement under subsection 188 (1.7) of the Act with an entity referred to in paragraph 1 of subsection 188 (1) of the Act, and the board agrees to provide supports and services prescribed under section 8 of Ontario Regulation 261/19 (Reciprocal Education Approach) made under the Act, the fee may be increased by an amount that is set out in the agreement.

(8) The fee in respect of the services and supports referred to in subsection (7) shall not exceed the following amounts:

1. With respect to the services and supports referred to in paragraph 1 of subsection 8 (1) of Ontario Regulation 261/19, the fee shall not exceed $28,518.

2. With respect to the services and supports referred to in paragraph 2 of subsection 8 (1) of Ontario Regulation 261/19, the fee shall not exceed the cost of the equipment less $800.

(9) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies.

Fees, residing in Ontario

4. (1) This section applies in respect of the following pupils:

1. A pupil described in subsection 46 (2) of the Act who,

i. is enrolled in a day school program in a school of a district school board or an isolate board, and

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

2. A pupil described in subsection 49 (5) of the Act who,

i. is not a pupil described in clause (a) of the definition of “other pupil” in subsection 79 (1) of the grant regulation,

ii. is enrolled in a day school program in a school of a district school board or an isolate board, and

iii. resides on a reserve, within the meaning of the Indian Act (Canada), on which the pupil’s parent or guardian resides.

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

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

(4) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies.

Fees, not residing in Ontario

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

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

1. Take the amount calculated under subsection (5) in respect of the pupil.

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

3. Multiply the result obtained under paragraph 2 by the number of months or partial months during which the pupil is enrolled in a school of the board.

(3) If a party from whom a fee is payable requests, or if the board recommends and that party agrees, that the board provide an educational program, service or equipment for a pupil described in subsection (1), the fee in respect of the pupil may be increased as follows:

1. If the board does not receive any funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment.

2. If the board receives partial funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment that exceeds the amount received in the base fee.

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

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

(b) who was a pupil of a board for the purposes of Ontario Regulation 489/20 (Grants for Student Needs — Legislative Grants for the 2020-2021 School Board Fiscal Year) made under the Act.

(5) The amount referred to in paragraph 1 of subsection (2) in respect of the pupil is calculated by multiplying the day school A.D.E. of the pupil by the sum of the P.A.C. for the pupil and the base fee for the board as set out in,

(a) Column 2 of Table 1, in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board;

(b) Column 3 of Table 1, in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board; or

(c) Column 2 of Table 2, in the case of a pupil who is enrolled in a school operated by an isolate board.

(6) The day school A.D.E. of a pupil referred to in subsection (5) is the day school A.D.E. of other pupils of the board, calculated as if the pupil were the board’s only pupil.

Fees, s. 68 boards

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

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

i. expenditures for debt charges,

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

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

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

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

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

3. Determine the number of pupil days for the period from September 1, 2021 to August 31, 2022 by adding, for each instructional day in that period, the number of pupils enrolled in schools of the board who receive instruction on that day.

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

5. Multiply the result obtained under paragraph 4 by the number of instructional days for which the pupil is enrolled in a school of the board during the same period.

(2) This section does not apply to a pupil to whom subsection 49 (6) of the Act applies.

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

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

(2) A board’s fee policy must not authorize a fee in respect of an elementary school pupil that is less than the amount that would be calculated under subsection 5 (5) in respect of an elementary school pupil, if that subsection had applied to the pupil and subsection 49 (6) of the Act had not applied to the pupil.

(3) A board’s fee policy must not authorize a fee in respect of a secondary school pupil that is less than the amount that would be calculated under subsection 5 (5) in respect of a secondary school pupil, if that subsection had applied to the pupil and subsection 49 (6) of the Act had not applied to the pupil.

Fees, summer school and continuing education

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

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

(3) The fee referred to in subsection (1) in respect of a pupil enrolled in a summer school class or course of the board shall not be less than the fee determined by applying paragraphs 1 to 3 of subsection (6).

(4) The fee in respect of a pupil described in clause (a) or (c) of the definition of “other pupil” in subsection 79 (1) of the grant regulation who is enrolled in a continuing education class or course provided by a district school board or an isolate board is such amount as may be agreed on by the board and the party from whom the fee is receivable or, in the absence of an agreement, the amount determined as follows:

1. Estimate the expenses of the board in the fiscal year for continuing education classes or courses.

2. Divide the amount estimated under paragraph 1 by the continuing education A.D.E. of all pupils of the board, determined under sections 91 to 94 of the grant regulation.

3. Multiply the result obtained under paragraph 2 by the continuing education A.D.E. of the pupil, determined under sections 91 to 94 of the grant regulation.

(5) For the purposes of subsection (4),

(a) the continuing education A.D.E. of all pupils of a board is the sum of the average daily enrolments determined for the board under sections 92 and 93 of the grant regulation;

(b) the continuing education A.D.E. of a pupil is the continuing education A.D.E. of other pupils of the board, determined under sections 91 to 94 of the grant regulation and calculated as if the pupil were the board’s only pupil; and

(c) the continuing education A.D.E. of all pupils of a board is determined using an estimate of the variables referred to in section 92 of the grant regulation.

(6) The fee in respect of a pupil described in clause (a) or (c) of the definition of “other pupil” in subsection section 79 (1) of the grant regulation who is enrolled in a summer school class or course provided by a district school board or an isolate board is such amount as may be agreed on by the board and the party from whom the fee is receivable or, in the absence of an agreement, the amount determined as follows:

1. Estimate the expenses of the board in the fiscal year for summer school classes or courses.

2. Divide the amount estimated under paragraph 1 by the summer school A.D.E. of all pupils of the board, determined under sections 95 to 98 of the grant regulation.

3. Multiply the result obtained under paragraph 2 by the summer school A.D.E. of the pupil, determined under sections 95 to 98 of the grant regulation.

(7) For the purposes of subsection (6),

(a) the summer school A.D.E. of all pupils of a board is the sum of the average daily enrolments determined for the board under sections 96 and 97 of the grant regulation;

(b) the summer school A.D.E. of a pupil is the summer school A.D.E. of other pupils of the board, determined under sections 95 to 98 of the grant regulation and calculated as if the pupil were the board’s only pupil; and

(c) the summer school A.D.E. is determined by using an estimate of the variables referred to in section 96 of the grant regulation.

(8) An estimate referred to in this section is an estimate that is required to be submitted under subsection 232 (6) of the Act.

No fee between boards

9. No fee is payable under this Regulation by one board to another board.

TABLE 1
DISTRICT SCHOOL BOARD BASE FEES

Item

Column 1
Name of board

Column 2
Elementary school pupil base fee, in dollars

Column 3
Secondary school pupil base fee, in dollars

1.

Algoma District School Board

 13,125

 15,186

2.

Algonquin and Lakeshore Catholic District School Board

11,943

12,301

3.

Avon Maitland District School Board

11,552

12,017

4.

Bluewater District School Board

11,022

12,191

5.

Brant Haldimand Norfolk Catholic District School Board

11,325

11,606

6.

Bruce-Grey Catholic District School Board

12,301

12,704

7.

Catholic District School Board of Eastern Ontario

11,801

12,658

8.

Conseil des écoles publiques de l’Est de l’Ontario

13,271

15,293

9.

Conseil scolaire catholique MonAvenir

13,367

14,745

10.

Conseil scolaire catholique Providence

13,753

16,520

11.

Conseil scolaire de district catholique de l’Est ontarien

13,572

15,516

12.

Conseil scolaire de district catholique des Aurores boréales

27,685

28,938

13.

Conseil scolaire de district catholique des Grandes Rivières

16,701

20,624

14.

Conseil scolaire de district catholique du Centre-Est de l’Ontario

12,674

13,747

15.

Conseil scolaire de district catholique du Nouvel-Ontario

15,495

19,783

16.

Conseil scolaire de district catholique Franco-Nord

16,840

20,160

17.

Conseil scolaire de district du Nord-Est de l’Ontario

18,285

36,082

18.

Conseil scolaire public du Grand Nord de l’Ontario

18,505

28,765

19.

Conseil scolaire Viamonde

13,680

17,909

20.

District School Board of Niagara

10,969

11,335

21.

District School Board Ontario North East

14,784

16,873

22.

Dufferin-Peel Catholic District School Board

10,918

11,205

23.

Durham Catholic District School Board

10,685

11,460

24.

Durham District School Board

10,597

11,082

25.

Grand Erie District School Board

10,944

11,876

26.

Greater Essex County District School Board

11,201

11,756

27.

Halton Catholic District School Board

10,281

10,612

28.

Halton District School Board

10,509

10,668

29.

Hamilton-Wentworth Catholic District School Board

10,978

11,296

30.

Hamilton-Wentworth District School Board

11,231

11,373

31.

Hastings and Prince Edward District School Board

11,527

13,156

32.

Huron Perth Catholic District School Board

12,502

12,683

33.

Huron-Superior Catholic District School Board

14,745

14,602

34.

Kawartha Pine Ridge District School Board

10,755

11,544

35.

Keewatin-Patricia District School Board

16,359

18,466

36.

Kenora Catholic District School Board

18,275

17,958

37.

Lakehead District School Board

12,517

13,042

38.

Lambton Kent District School Board

11,361

12,180

39.

Limestone District School Board

11,475

12,665

40.

London District Catholic School Board

10,780

11,217

41.

Near North District School Board

12,957

13,972

42.

Niagara Catholic District School Board

11,105

11,378

43.

Nipissing-Parry Sound Catholic District School Board

14,881

15,297

44.

Northeastern Catholic District School Board

16,700

16,934

45.

Northwest Catholic District School Board

18,145

-

46.

Ottawa-Carleton District School Board

11,144

11,490

47.

Ottawa Catholic District School Board

11,027

11,644

48.

Peel District School Board

10,947

10,965

49.

Peterborough Victoria Northumberland and Clarington Catholic District School Board

11,048

11,846

50.

Rainbow District School Board

12,417

12,861

51.

Rainy River District School Board

17,187

19,939

52.

Renfrew County Catholic District School Board

13,328

13,761

53.

Renfrew County District School Board

12,371

14,089

54.

Simcoe County District School Board

10,639

11,092

55.

Simcoe Muskoka Catholic District School Board

10,776

11,537

56.

St. Clair Catholic District School Board

11,538

11,817

57.

Sudbury Catholic District School Board

12,824

13,570

58.

Superior-Greenstone District School Board

22,121

31,856

59.

Superior North Catholic District School Board

27,055

-

60.

Thames Valley District School Board

10,773

11,312

61.

Thunder Bay Catholic District School Board

12,957

13,248

62.

Toronto Catholic District School Board

11,482

11,945

63.

Toronto District School Board

11,733

11,995

64.

Trillium Lakelands District School Board

11,647

12,190

65.

Upper Canada District School Board

11,501

12,970

66.

Upper Grand District School Board

10,824

11,336

67.

Waterloo Catholic District School Board

10,839

11,137

68.

Waterloo Region District School Board

10,756

10,885

69.

Wellington Catholic District School Board

11,467

12,209

70.

Windsor-Essex Catholic District School Board

11,154

11,644

71.

York Catholic District School Board

10,697

10,992

72.

York Region District School Board

10,847

11,059

TABLE 2
ISOLATE BOARD BASE FEES

Item

Column 1
Name of board

Column 2
Pupil base fee, in dollars

1.

James Bay Lowlands Secondary School Board

28,859

2.

Moose Factory Island District School Area Board

18,324

3.

Moosonee District School Area

19,760

4.

Protestant Separate School Board of the Town of Penetanguishene

13,908

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

 

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