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O. Reg. 267/23: CALCULATION OF FEES FOR PUPILS FOR THE 2023-2024 SCHOOL BOARD FISCAL YEAR

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

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Education Act

ONTARIO REGULATION 267/23

CALCULATION OF FEES FOR PUPILS FOR THE 2023-2024 SCHOOL BOARD FISCAL YEAR

Consolidation Period: From February 2, 2024 to the e-Laws currency date.

Last amendment: 16/24.

Legislative History: 16/24.

This is the English version of a bilingual regulation.

CONTENTS

1.

Interpretation

2.

Application

3.

Education for First Nation pupils

4.

Fees, residing in Ontario

5.

Fees, not residing in Ontario

6.

Fees, non-resident

7.

Fees, s. 68 boards

8.

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

9.

Fees, summer school and continuing education

10.

No fee between boards

Table 1

District school board base fees

Table 2

Isolate board base fees

 

Interpretation

1. (1) In this Regulation,

“continuing education class or course” has the same meaning as in section 94 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 88 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 93 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 87 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 90 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 266/23 (Grants for Student Needs — Legislative Grants for the 2023-2024 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”)

“online or remote learning” means a method of instruction that relies on communication between pupils and teachers through the internet or any other means and does not require pupils to attend school in person; (“apprentissage en ligne ou à distance”)

“P.A.C.”, for a pupil, means the pupil accommodation charge for a pupil as determined under subsections (4) and (5); (“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 98 (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) Any fiscal year referred to in this Regulation is from September 1 to August 31.

(4) 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.

(5) Despite subsection (4), 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. (1) This Regulation applies to boards for the 2023-2024 fiscal year.

(2) If, as of September 1, 2024, no regulation has been made under subsection 11 (3) of the Act in respect of the 2024-2025 fiscal year, this Regulation applies to boards for that fiscal year, with necessary modifications.

(3) On the day a regulation made under subsection 11 (3) of the Act in respect of the 2024-2025 fiscal year comes into force, this Regulation ceases to apply in respect of that fiscal year.

Education for First Nation pupils

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 82 (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 referred to in subsection (2) who is enrolled in a day school program in a school of a district school board or an isolate board is an amount determined by the board that does not exceed the maximum fee determined under subsection (4) or (5).

(2) This section applies in respect of a pupil whose parent or guardian does not reside in Ontario and,

(a) who was not a pupil of a board for the purposes of Ontario Regulation 396/22 (Grants for Student Needs — Legislative Grants for the 2022-2023 School Board Fiscal Year) made under the Act and is attending school this fiscal year in person; or

(b) who is a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) and is attending school this fiscal year solely through online or remote learning.

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

(4) Except as is provided in subsection (5), the maximum fee is the amount calculated as follows:

1. Take the amount calculated under subsection (6) 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.

(5) 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.

(6) The amount referred to in paragraph 1 of subsection (4) 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.

(7) The day school A.D.E. of a pupil referred to in subsection (6) 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, non-resident

6. (1) The fee in respect of a pupil referred to in subsection (2) who is enrolled in a day school program in a school of a district school board or an isolate board 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) This section applies in respect of a pupil whose parent or guardian is not a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) and,

(a) who does not reside in Ontario; and

(b) who is attending school this fiscal year solely through online or remote learning.

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

(4) 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 (6) in respect of an elementary school pupil, if that subsection had applied to the pupil.

(5) 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 (6) in respect of a secondary school pupil, if that subsection had applied to the pupil.

Fees, s. 68 boards

7. (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, 2023 to August 31, 2024 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

8. (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 (6) 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 (6) 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

9. (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 82 (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 94 to 97 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 94 to 97 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 95 and 96 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 94 to 97 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 95 of the grant regulation.

(6) The fee in respect of a pupil described in clause (c) of the definition of “other pupil” in subsection 82 (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 98 to 101 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 98 to 101 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 99 and 100 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 98 to 101 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 99 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

10. 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

13,656

15,486

2.

Algonquin and Lakeshore Catholic District School Board

12,254

12,230

3.

Avon Maitland District School Board

11,944

12,853

4.

Bluewater District School Board

11,587

12,156

5.

Brant Haldimand Norfolk Catholic District School Board

11,597

11,782

6.

Bruce-Grey Catholic District School Board

12,945

13,090

7.

Catholic District School Board of Eastern Ontario

12,287

12,870

8.

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

13,794

15,387

9.

Conseil scolaire catholique MonAvenir

14,318

15,533

10.

Conseil scolaire catholique Providence

14,879

17,938

11.

Conseil scolaire de district catholique de l’Est ontarien

14,173

15,957

12.

Conseil scolaire de district catholique des Aurores boréales

29,737

36,305

13.

Conseil scolaire de district catholique des Grandes Rivières

17,325

21,941

14.

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

13,310

14,110

15.

Conseil scolaire de district catholique du Nouvel-Ontario

16,715

21,310

16.

Conseil scolaire de district catholique Franco-Nord

17,973

21,031

17.

Conseil scolaire public du Grand Nord de l’Ontario

20,066

29,676

18.

Conseil scolaire public du Nord-Est de l’Ontario

20,006

39,168

19.

Conseil scolaire Viamonde

14,499

18,765

20.

District School Board of Niagara

11,432

11,650

21.

District School Board Ontario North East

15,145

16,620

22.

Dufferin-Peel Catholic District School Board

11,657

11,593

23.

Durham Catholic District School Board

11,145

11,405

24.

Durham District School Board

11,004

11,215

25.

Grand Erie District School Board

11,370

11,915

26.

Greater Essex County District School Board

11,664

11,857

27.

Halton Catholic District School Board

11,081

11,148

28.

Halton District School Board

11,044

10,953

29.

Hamilton-Wentworth Catholic District School Board

11,590

11,708

30.

Hamilton-Wentworth District School Board

11,557

11,614

31.

Hastings and Prince Edward District School Board

12,155

12,598

32.

Huron Perth Catholic District School Board

13,284

13,760

33.

Huron-Superior Catholic District School Board

15,596

15,347

34.

Kawartha Pine Ridge District School Board

11,123

11,411

35.

Keewatin-Patricia District School Board

16,658

18,218

36.

Kenora Catholic District School Board

19,947

19,609

37.

Lakehead District School Board

13,039

13,126

38.

Lambton Kent District School Board

11,910

12,187

39.

Limestone District School Board

11,959

12,535

40.

London District Catholic School Board

11,046

11,366

41.

Near North District School Board

13,329

14,039

42.

Niagara Catholic District School Board

11,551

11,649

43.

Nipissing-Parry Sound Catholic District School Board

15,430

14,902

44.

Northeastern Catholic District School Board

16,898

17,421

45.

Northwest Catholic District School Board

20,687

0

46.

Ottawa-Carleton District School Board

11,586

11,612

47.

Ottawa Catholic District School Board

11,559

11,734

48.

Peel District School Board

11,591

11,439

49.

Peterborough Victoria Northumberland and Clarington Catholic District School Board

11,450

12,022

50.

Rainbow District School Board

12,794

13,231

51.

Rainy River District School Board

18,254

21,066

52.

Renfrew County Catholic District School Board

14,154

14,009

53.

Renfrew County District School Board

12,924

14,135

54.

Simcoe County District School Board

11,072

11,194

55.

Simcoe Muskoka Catholic District School Board

11,237

12,023

56.

St. Clair Catholic District School Board

12,263

12,518

57.

Sudbury Catholic District School Board

13,177

13,444

58.

Superior-Greenstone District School Board

23,539

32,736

59.

Superior North Catholic District School Board

28,637

0

60.

Thames Valley District School Board

11,118

11,467

61.

Thunder Bay Catholic District School Board

13,761

13,749

62.

Toronto Catholic District School Board

12,037

12,126

63.

Toronto District School Board

12,255

12,042

64.

Trillium Lakelands District School Board

12,026

12,357

65.

Upper Canada District School Board

11,856

12,779

66.

Upper Grand District School Board

11,372

11,506

67.

Waterloo Catholic District School Board

11,281

11,443

68.

Waterloo Region District School Board

11,244

11,078

69.

Wellington Catholic District School Board

12,005

12,347

70.

Windsor-Essex Catholic District School Board

11,474

11,736

71.

York Catholic District School Board

11,382

11,296

72.

York Region District School Board

11,190

11,290

 

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

29,464

2.

Moose Factory Island District School Area Board

22,392

3.

Moosonee District School Area

23,383

4.

Protestant Separate School Board of the Town of Penetanguishene

15,051

O. Reg. 16/24, s. 1.

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

 

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