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O. Reg. 471/98: SCHOOL ATTENDANCE RIGHTS - NON-RESIDENT PROPERTY OWNERS

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

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current March 10, 2001 (e-Laws currency date)

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Education Act

ONTARIO REGULATION 471/98

SCHOOL ATTENDANCE RIGHTS — NON-RESIDENT PROPERTY OWNERS

Consolidation Period: From March 10, 2001 to the e-Laws currency date.

Last amendment: O.Reg. 65/03.

This is the English version of a bilingual regulation.

1. For the purposes of this Regulation, the assessment limit of a board for a fiscal year of the board in which a person seeks to exercise a right described in section 43.1 of the Act to attend a school of the board is the amount calculated using the formula,

A/B

where,

“A” is the sum of,

(a) the assessment of residential property taxable for the board’s purposes, according to the last returned assessment roll, and

(b) the board’s share of assessment of business property, according to the last returned assessment roll, for each municipality and for territory without municipal organization as determined by applying, where applicable, the enrolment proportions in each common jurisdictional area as calculated by the Minister under subsection 257.8 (3) of the Act, and

“B” is the day school average daily enrolment for the board, as calculated for the purposes of making grants for educational purposes to the board under section 234 of the Act for that fiscal year.

O. Reg. 65/03, s. 1.

2. This Regulation does not apply with respect to residential property that is assessed under the multi-residential property class or the new multi-residential property class. O. Reg. 65/03, s. 2.

3. (1) A person who attains the age of six years in any year is, after September 1 in that year, qualified to be a resident pupil in respect of a school section of an English-language public district school board or of a public school authority until the last school day in June in the year in which the person attains the age of 21 years if the person does not reside in that school section but the person or the person’s parent or guardian,

(a) owns business property in the school section that is assessed for an amount that is not less than that board’s assessment limit and is an English-language public board supporter in the school section where he or she resides; or

(b) owns residential property in the school section that is assessed for an amount that is not less than that board’s assessment limit and is an English-language public board supporter in that school section. O. Reg. 471/98, s. 3 (1).

(2) A person is qualified to be a resident pupil in respect of a secondary school district of an English-language public district school board or of a public school authority if the person does not reside in that secondary school district but the person or the person’s parent or guardian,

(a) owns business property in the secondary school district that is assessed for an amount that is not less than that board’s assessment limit and is an English-language public board supporter in the secondary school district where he or she resides; or

(b) owns residential property in the secondary school district that is assessed for an amount that is not less than that board’s assessment limit and is an English-language public board supporter in that secondary school district. O. Reg. 471/98, s. 3 (2).

4. (1) A person who attains the age of six years in any year is, after September 1 in that year, qualified to be a resident pupil in respect of a school section of a French-language public district school board until the last school day in June in the year in which the person attains the age of 21 years if the person does not reside in that school section but the person or the person’s parent or guardian,

(a) owns business property in the school section that is assessed for an amount that is not less than that board’s assessment limit and is a French-language public district school board supporter in the school section where he or she resides; or

(b) owns residential property in the school section that is assessed for an amount that is not less than that board’s assessment limit and is a French-language public district school board supporter in that school section. O. Reg. 471/98, s. 4 (1).

(2) A person is qualified to be a resident pupil in respect of a secondary school district of a French-language public district school board if the person does not reside in that secondary school district but the person or the person’s parent or guardian,

(a) owns business property in the secondary school district that is assessed for an amount that is not less than that board’s assessment limit and is a French-language public district school board supporter in the secondary school district where he or she resides; or

(b) owns residential property in the secondary school district that is assessed for an amount that is not less than that board’s assessment limit and is a French-language public district school board supporter in that secondary school district. O. Reg. 471/98, s. 4 (2).

5. (1) A person who attains the age of six years in any year is, after September 1 in that year, qualified to be a resident pupil in respect of a separate school zone of an English-language separate district school board or of a Roman Catholic school authority for elementary school purposes until the last school day in June in the year in which the person attains the age of 21 years if the person does not reside in that separate school zone but the person or the person’s parent or guardian,

(a) owns business property in the separate school zone that is assessed for an amount that is not less than that board’s assessment limit and is an English-language Roman Catholic board supporter in the separate school zone where he or she resides; or

(b) owns residential property in the separate school zone that is assessed for an amount that is not less than that board’s assessment limit and is an English-language Roman Catholic board supporter in that separate school zone. O. Reg. 471/98, s. 5 (1).

(2) A person is qualified to be a resident pupil in respect of a separate school zone of an English-language separate district school board for secondary school purposes if the person does not reside in that separate school zone but the person or the person’s parent or guardian,

(a) owns business property in the separate school zone that is assessed for an amount that is not less than that board’s assessment limit and is an English-language Roman Catholic board supporter in the separate school zone where he or she resides; or

(b) owns residential property in the separate school zone that is assessed for an amount that is not less than that board’s assessment limit and is an English-language Roman Catholic board supporter in that separate school zone. O. Reg. 471/98, s. 5 (2).

(3) Subsection (1), excluding clause (a), applies with necessary modifications to attendance rights in respect of a Protestant separate school board. O. Reg. 471/98, s. 5 (3).

6. (1) A person who attains the age of six years in any year is, after September 1 in that year, qualified to be a resident pupil in respect of a separate school zone of a French-language separate district school board for elementary school purposes until the last school day in June in the year in which the person attains the age of 21 years if the person does not reside in that separate school zone but the person or the person’s parent or guardian,

(a) owns business property in the separate school zone that is assessed for an amount that is not less than that board’s assessment limit and is a French-language separate district school board supporter in the separate school zone where he or she resides; or

(b) owns residential property in the separate school zone that is assessed for an amount that is not less than that board’s assessment limit and is a French-language separate district school board supporter in that separate school zone. O. Reg. 471/98, s. 6 (1).

(2) A person is qualified to be a resident pupil in respect of a separate school zone of a French-language separate district school board for secondary school purposes if the person does not reside in that separate school zone but the person or the person’s parent or guardian,

(a) owns business property in the separate school zone that is assessed for an amount that is not less than that board’s assessment limit and is a French-language separate district school board supporter in the separate school zone where he or she resides; or

(b) owns residential property in the separate school zone that is assessed for an amount that is not less than that board’s assessment limit and is a French-language separate district school board supporter in that separate school zone. O. Reg. 471/98, s. 6 (2).

7. Nothing in this Regulation shall be interpreted to give a person a right to attend a school during a period of time when the person is subject to a full expulsion under section 309 of the Act. O. Reg. 65/03, s. 3.

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