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Education Act

ONTARIO REGULATION 446/98

RESERVE FUNDS

Historical version for the period May 26, 2004 to September 4, 2007.

Last amendment: O. Reg. 142/04.

This is the English version of a bilingual regulation.

Pupil Accommodation Allocation Reserve Fund

1. Every district school board shall allocate all pupil accommodation allocations received under the legislative grant regulations made under subsection 234 (1) of the Act, except for allocations for school operations, to a reserve fund established only for the purposes of acquiring, by purchase, lease or otherwise,

(a) school sites that are acquired as part of transactions under which the board also acquires school buildings on the school sites;

(a.1) school sites that provide or are capable of providing pupil accommodation, and additions to such school sites, but only for school sites acquired by the board when the board does not meet any of the conditions set out in paragraph 2 of section 10 of Ontario Regulation 20/98 (Education Development Charges — General);

(a.2) land described in paragraph 1 of subsection 257.53 (2) of the Act, but only for land acquired by the board when the board meets any of the conditions set out in paragraph 2 of section 10 of Ontario Regulation 20/98 (Education Development Charges — General) and only to the extent that the cost of the land is not a growth-related net education land cost within the meaning of Division E of Part IX of the Act;

(a.3) services described in paragraph 2 of subsection 257.53 (2) of the Act, but only for services relating to land acquired by the board when the board meets any of the conditions set out in paragraph 2 of section 10 of Ontario Regulation 20/98 (Education Development Charges — General) and only to the extent that the cost of the services is not a growth-related net education land cost within the meaning of Division E of Part IX of the Act;

(b) school buildings, fixtures of school buildings, fixtures of school properties, and additions, alterations, renovations or major repairs to school buildings, fixtures of school buildings or fixtures of school properties;

(c) furniture or equipment to be used in school buildings;

(d) library materials for the initial equipping of libraries in school buildings;

(e) installations on school properties to supply school buildings on the properties with water, sewer, septic, electrical, heating, cooling, natural gas, telephone or cable services, and alterations, replacements or major repairs to those installations;

(f) changes to the level, drainage or surface of school properties; and

(g) equipment, supplies and services the board requires in order to comply with the standards under the Ontario Water Resources Act for water treatment and water distribution systems to provide potable water. O. Reg. 446/98, s. 1; O. Reg. 163/00, s. 1; O. Reg. 156/01, s. 1; O. Reg. 5/02, s. 1; O. Reg. 96/02, s. 1.

Proceeds of Dispositions Reserve Fund

2. (1) Subject to subsection (3), every district school board shall allocate all proceeds of sales, leases and other dispositions of real property to a reserve fund established only for the purposes of,

(a) acquiring, by purchase, lease or otherwise,

(i) school sites that provide or are capable of providing pupil accommodation, and additions or improvements to such school sites,

(ii) school buildings, fixtures of school buildings, fixtures of school properties, and additions, alterations, renovations or major repairs to school buildings, fixtures of school buildings or fixtures of school properties,

(iii) furniture and equipment to be used in school buildings,

(iv) library materials for the initial equipping of libraries in school buildings,

(v) installations on school properties to supply school buildings on the properties with water, sewer, septic, electrical, heating, cooling, natural gas, telephone or cable services, and alterations, replacements or major repairs to those installations, and

(vi) changes to the level, drainage or surface of school properties; and

(b) subject to subsections (3) to (6), acquiring, by purchase, lease or otherwise, real property to be used by the board for board administration purposes, and additions, alterations, renovations or major repairs to real property used by the board for those purposes. O. Reg. 446/98, s. 2 (1); O. Reg. 163/00, s. 2.

(2) Subject to subsection (3), every district school board shall allocate all proceeds of property insurance on property of a kind referred to in clause (1) (a), whether or not the property was acquired with money from a reserve fund referred to in subsection (1), to a reserve fund established only for the purposes referred to in subsection (1). O. Reg. 446/98, s. 2 (2).

(3) Subsections (1) and (2) do not apply to,

(a) proceeds that are required by section 3 to be allocated to an education development charge account or education development charge reserve fund;

(b) proceeds that the board is required to pay to another board pursuant to an agreement approved by the Education Improvement Commission; or

(c) proceeds that the board is required to pay to the Crown in right of Canada pursuant to an agreement under subsection 188 (3) of the Act. O. Reg. 446/98, s. 2 (3).

(4) The amount that a district school board may use from the reserve fund referred to in subsection (1) for the purpose described in clause (1) (b) shall not exceed the total of the board’s net proceeds from sales, leases and other dispositions of real property that, immediately before January 1, 1998, included buildings that were used by an old board for board administration purposes. O. Reg. 446/98, s. 2 (4).

(5) Subject to subsection (6), for the purpose of subsection (4), the net proceeds from a sale, lease or other disposition is equal to the proceeds from the sale, lease or other disposition, less the following amounts:

1. Expenses incurred for commissions, legal fees, appraisal fees, registration fees, and adjustments to tax and utility accounts in respect of the sale, lease or other disposition.

2. Any amount applied under subsection 9 (7) of Ontario Regulation 466/97 in respect of the sale, lease or other disposition. O. Reg. 446/98, s. 2 (5).

(6) For the purpose of subsection (4), if more than two hectares of land are included in property that is sold, leased or otherwise disposed of, the net proceeds from the sale, lease or other disposition shall be determined in accordance with the following formula:

where,

A = the net proceeds from the sale, lease or other disposition, determined in accordance with subsection (5),

B = the fair market value, at the time of the sale, lease or other disposition, of a part of the property, not exceeding two hectares in area, that includes,

i. the land on which the buildings used by the old board for board administration purposes were situated, and

ii. any other part of the property that was required to permit those buildings to be used by the old board for board administration purposes,

C = the fair market value, at the time of the sale, lease or other disposition, of all the property.

O. Reg. 446/98, s. 2 (6).

(7) A district school board shall not use funds from the reserve fund referred to in subsection (1) for the purpose described in clause (1) (b) unless the following requirements have been met:

1. The board must publish the following in a newspaper that, in the opinion of the secretary of the board, is of general circulation in the board’s area of jurisdiction:

i. Notice of the board’s proposal to withdraw funds from the reserve fund for the purpose described in clause (1) (b).

ii. Sufficient information to permit the board’s supporters to understand generally the board’s reasons for the proposed withdrawal of funds, but excluding information that, in the opinion of the board, would prejudice the board’s position in negotiations for the proposed acquisition.

iii. Sufficient information to permit the board’s supporters to understand generally the board’s plans respecting use of the funds, but excluding information that, in the opinion of the board, would prejudice the board’s position in negotiations for the proposed acquisition.

iv. Notice of the time and place of a meeting of the board’s supporters at which the board’s proposal will be discussed.

v. Notice that the board’s supporters will be given the opportunity to make representations at the meeting.

2. The board must hold the meeting referred to in subparagraph iv of paragraph 1 on a day that is at least 21 days after the requirements of paragraph 1 have been met and must provide the opportunity to make representations referred to in subparagraph v of paragraph 1.

3. Within the period that begins three months after the meeting referred to in subparagraph iv of paragraph 1 and ends one year after that meeting, the board must pass a resolution that,

i. is consistent with the notices and information provided under paragraph 1, and

ii. directs the withdrawal of funds from the reserve fund referred to in subsection (1) and the use of those funds for the purpose described in clause (1) (b). O. Reg. 446/98, s. 2 (7).

Education Development Charge Reserve Funds

3. If a district school board sells, leases or otherwise disposes of real property that was acquired, in whole or in part, by the board or by another person, with funds withdrawn from an education development charges account or education development charge reserve fund, and the property was not used to provide accommodation for pupils, the board shall allocate the net proceeds (as described under subsection 2 (5)) of the sale, lease or other disposition, up to the amount withdrawn for the property’s acquisition, in accordance with the following rules:

1. If the board has an education development charge by-law that applies to the area in which the property is located, the proceeds shall be allocated to the education development charge accounts or education development charge reserve fund established in respect of that by-law.

2. If paragraph 1 does not apply but the board has an education development charge reserve fund established under subsection 23 (4) of Ontario Regulation 20/98 from which money may be used to acquire land or an interest in land in the area in which the property is located, the proceeds shall be allocated to that reserve fund.

3. If paragraphs 1 and 2 do not apply but the board has one or more education development charge accounts or education development charge reserve funds from which money may be used to acquire land or an interest in land in any part of the region prescribed under clause 257.101 (d) of the Act in which the property is located, the proceeds shall be allocated to those accounts or reserve funds.

4. If paragraphs 1, 2 and 3 do not apply, the proceeds shall be allocated to the education development charge reserve fund established under section 16.1 of Ontario Regulation 20/98. O. Reg. 446/98, s. 3.

Special Education Reserve Fund

4. (1) A district school board shall establish a reserve fund for the sole purpose of funding special education programs provided by the board, other than programs provided by the board under an agreement with a facility. O. Reg. 156/01, s. 2 (1); O. Reg. 142/04, s. 1 (1).

(2) The following are facilities for the purposes of this section:

1. A psychiatric facility.

2. An approved charitable institution as defined in the Charitable Institutions Act.

3. An agency approved under subsection 8 (1) of the Child and Family Services Act.

4. A facility designated under the Developmental Services Act.

5. A place of temporary detention, open custody or secure custody continued or established under section 89 of the Child and Family Services Act.

6. A home for special care licensed under the Homes for Special Care Act.

7. A hospital approved by the Minister.

8. A nursing home operated under a licence issued under the Nursing Homes Act.

9. A correctional institution as defined in the Ministry of Correctional Services Act.

10. A place of temporary detention and a youth custody facility under the Youth Criminal Justice Act (Canada). O. Reg. 142/04, s. 1 (2).

(3) A district school board shall allocate all amounts in reserve funds established under subsection (1), as it read on the day before this subsection comes into force, to the reserve fund established by the board under subsection (1). O. Reg. 156/01, s. 2 (2).

Improved Access for Special Education Pupils Reserve Fund

5. (1) In this section,

“2000-2001 fiscal year” means the fiscal year from September 1, 2000 to August 31, 2001. O. Reg. 299/00, s. 1.

(2) If a district school board’s expenditures on items listed in subsection 2 (3) of Ontario Regulation 298/00 in the 2000-2001 fiscal year are less than the amount paid to the board under subsection 2 (1) of that Regulation, the board shall allocate the difference to an improved access for special education pupils reserve fund, established only for the purpose of spending on those items. O. Reg. 299/00, s. 1.

Distant Schools Reserve Fund

6. (1) A district school board shall establish a reserve fund for the sole purpose of funding expenditures by the board for the following purposes in respect of distant schools of the board:

1. To ensure sufficient teaching staff to provide quality curriculum.

2. To provide for full-time adult presence.

3. To acquire learning resources and materials.

4. To meet the operational costs of distant schools. O. Reg. 355/03, s. 1.

(2) In this section,

“distant school” means a distant elementary school within the meaning of subsection 29 (2.1) of Ontario Regulation 139/03 or a distant secondary school within the meaning of subsection 29 (2.6) of Ontario Regulation 139/03. O. Reg. 142/04, s. 2.

(3) Revoked: O. Reg. 142/04, s. 2.