ontario regulation 134/03

made under the

education act

Made: April 9, 2003
Filed: April 11, 2003
Printed in The Ontario Gazette: April 26, 2003

Amending O. Reg. 156/02

(Student Focused Funding ─ Legislative Grants for the
2002-2003 School Board Fiscal Year)

Note: Since the end of 2002, Ontario Regulation 156/02 has been amended by Ontario Regulations 132/03 and 133/03.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.

1. Paragraph 2 of subsection 2 (5) of Ontario Regulation 156/02 is revoked and the following substituted:

2. A pupil who is liable to pay fees as specified in subsection 49 (6) of the Education Act.

2. (1) Subparagraph 1 ii of subsection 12 (1) of the Regulation is revoked and the following substituted:

ii. 62 per cent of the total of the amounts distributed to the board in respect of the 2003 calendar year under subsections 237 (12) and 238 (2), section 239, subsection 240 (5), sections 250 and 251 and subsections 257.8 (2) and 257.9 (1) of the Education Act, under sections 447.20 and 447.52 of the Municipal Act, as made applicable by section 474 of the Municipal Act, 2001, under subsections 353 (4), 364 (22) and 365.2 (16) of the Municipal Act, 2001, under section 10 of Ontario Regulation 509/98 and under subsection 13 (2) of Ontario Regulation 3/02,

(2) Paragraph 1 of subsection 12 (1) of the Regulation is amended by adding the following subparagraph:

iii.1 62 per cent of the total of the amounts, if any, referred to in subsection 364 (22) of the Municipal Act, 2001, as made applicable by section 257.12.3 of the Education Act, that are paid to the board in respect of the 2003 calendar year,

(3) Subparagraph 1 v of subsection 12 (1) of the Regulation is amended by striking out “subsection 366 (4) of the Municipal Act, 2001” and substituting “subsection 366 (3) of the Municipal Act, 2001”.

(4) Paragraph 1 of subsection 12 (1) of the Regulation is amended by adding the following subparagraphs:

v.1 62 per cent of the amounts, if any, paid to the board in respect of the 2003 calendar year by a municipality under subsection 353 (4) of the Municipal Act, 2001,

v.2 62 per cent of the amounts, if any, applied by the board against the cancellation price of land sold for tax arrears in the 2003 calendar year, under section 380 of the Municipal Act, 2001, as made applicable by subsection 371 (2) of that Act,

(5) Paragraph 7 of subsection 12 (1) of the Regulation is revoked and the following substituted:

7. Deduct 62 per cent of the total of the amounts, if any, paid by the board in respect of the 2003 calendar year under subsections 361 (7), 364 (11), 365 (3), 365.1 (13), (14), (15), (17), (18) and (19) and 365.2 (8) of the Municipal Act, 2001.

3. (1) Paragraph 3 of subsection 28 (9) of the Regulation is revoked and the following substituted:

3. Divide the number determined under paragraph 2 by the product of $81,675 and 1.12.

(2) Subparagraph 6 ii of subsection 28 (9) of the Regulation is revoked and the following substituted:

ii. Multiply the number determined under subparagraph i by the product of $81,675 and 1.12.

(3) Paragraph 3 of subsection 28 (11) of the Regulation is revoked and the following substituted:

3. Divide the number determined under paragraph 2 by the product of $89,073 and 1.12.

(4) Subparagraph 6 ii of subsection 28 (11) of the Regulation is revoked and the following substituted:

ii. Multiply the number determined under subparagraph i by the product of $89,073 and 1.12.

4. (1) Section 34 of the Regulation is amended by adding the following paragraph:

1.1 In the case of the Algonquin and Lakeshore Catholic District School Board, add $29,000 to the sum determined under paragraph 1.

(2) Paragraph 5 of section 34 of the Regulation is revoked and the following substituted:

5. Multiply the amount determined under paragraph 4 by the sum determined for the board under,

i. paragraph 1.1 in the case of the Algonquin and Lakeshore Catholic District School Board, or

ii. paragraph 1 in the case of any other district school board.

5. (1) Paragraph 18 of subsection 36 (9) of the Regulation is revoked and the following substituted:

18. Add the amounts under paragraphs 6, 12, 13, 15 and 17.

19. Add the amount obtained under paragraph 18 to the amount for school renewal enhancement set out opposite the name of the board in Table 7.1 to obtain the amount for the board for school renewal.

(2) Paragraph 6 of subsection 36 (10) of the Regulation is amended by adding “and” at the end of subparagraph i, by striking out “and” at the end of subparagraph ii and by striking out subparagraph iii.

(3) Paragraph 9 of subsection 36 (10) of the Regulation is revoked and the following substituted:

9. Take the sum of the numbers of new elementary pupil places for capital transitional adjustment set out in Column 4 of Table 8 opposite the name of the board.

(4) Subsection 36 (10) of the Regulation is amended by adding the following paragraphs:

11.1 Take the number, if any, of the board’s new pupil places in respect of elementary schools for which the cost of repair is prohibitive.

11.2 Multiply the number determined under paragraph 11.1 by the benchmark area requirement of 9.29 metres squared.

11.3 Multiply the product determined under paragraph 11.2 by the benchmark construction cost of $118.40 per metre squared.

(5) Paragraph 17 of subsection 36 (10) of the Regulation is amended by adding “and” at the end of subparagraph i, by striking out “and” at the end of subparagraph ii and by striking out subparagraph iii.

(6) Paragraph 20 of subsection 36 (10) of the Regulation is revoked and the following substituted:

20. Take the sum of the numbers of new secondary school pupil places for capital transitional adjustment set out in Column 5 of Table 8 opposite the name of the board.

(7) Subsection 36 (10) of the Regulation is amended by adding the following paragraphs:

22.1 Take the number, if any, of the board’s new pupil places in respect of secondary schools for which the cost of repair is prohibitive.

22.2 Multiply the number determined under paragraph 22.1 by the benchmark area requirement of 12.07 metres squared.

22.3 Multiply the product obtained under paragraph 22.2 by the benchmark construction cost of $129.17 per metre squared.

(8) Paragraph 23 of subsection 36 (10) of the Regulation is revoked and the following substituted:

23. Add the products obtained under paragraphs 5, 8, 11, 11.3, 16, 19, 22 and 22.3.

(9) Subparagraphs 26 i and ii of subsection 36 (10) of the Regulation are revoked and the following substituted:

i. Subtract $20 million from the amount determined under subsection 36 (10) of Ontario Regulation 154/01, if no amount was added under paragraph 24 of subsection 36 (10) of that Regulation in respect of the board.  If the difference is a negative number, it is deemed to be zero.

ii. Subtract $20 million from the amount determined under subsection 37 (10) of Ontario Regulation 170/00, if no amount was added under paragraph 12 of subsection 37 (10) of that Regulation in respect of the board.  If the difference is a negative number, it is deemed to be zero.

(10) Paragraph 2 of subsection 36 (11) of the Regulation is revoked and the following substituted:

2. The 2000-2001 enrolment of the school exceeded by at least 100 the sum of,

i. the 2000-2001 reported capacity of the school, and

ii. the number of the board’s new pupil places to meet elementary enrolment pressure for the school calculated under subsection 36 (12) of Ontario Regulation 154/01.

(11) Paragraph 2 of subsection 36 (13) of the Regulation is revoked and the following substituted:

2. The 2000-2001 enrolment of the school exceeded by at least 100 the sum of,

i. the 2000-2001 reported capacity of the school, and

ii. the number of the board’s new pupil places to meet secondary enrolment pressure for the school calculated under subsection 36 (14) of Ontario Regulation 154/01.

(12) Paragraph 2 of subsection 36 (19) of the Regulation is amended by striking out “(35) to (42)” and substituting “(35) to (42.2)”.

(13) Section 36 of the Regulation is amended by adding the following subsections:

(28.1) Subsection (29) applies in relation to an elementary school of the board if the school provides pupil accommodation for elementary school pupils during the fiscal year and is located in a municipality or former municipality set out in Column 2 of Table 8 opposite the name of the board in Column 1 of that Table and opposite a number greater than zero in Column 4 of that Table.

(28.2) Subsection (30) applies in relation to a secondary school of the board if the school provides pupil accommodation for secondary school pupils during the fiscal year and is located in a municipality or former municipality set out in Column 2 of Table 8 opposite the name of the board in Column 1 of that Table and opposite a number greater than zero in Column 5 of that Table.

. . . . .

(42.1) The elementary capacity determined for the board under subsection (19) is adjusted by adding the number, if any, of new pupil places in respect of its elementary schools in which the cost of repair is prohibitive, as determined under subsection (15).

(42.2) The secondary capacity determined for the board under subsection (19) is adjusted by adding the number, if any, of new pupil places in respect of its secondary schools in which the cost of repair is prohibitive, as determined under subsection (17).

6. (1) Subsection 38 (4) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(4) The amount determined under this subsection in respect of a board is the amount by which the sum of the following amounts exceeds the amount determined by multiplying the 2002-2003 day school average daily enrolment of pupils of the board and the amount shown in Column 2 of Table 11.1 opposite the name of the board in Column 1 of Table 11.1:

. . . . .

(2) Paragraph 11 of subsection 38 (4) of the Regulation is revoked.

7. (1) Subsection 41 (1) of the Regulation is revoked and the following substituted:

Required spending, special education

(1) Subject to subsection (2), a district school board shall ensure that the amount it spends in the fiscal year on special education for pupils of the board is not less than the amount by which the board’s special education allocation for the fiscal year exceeds the part of the OMERS savings for the board that is attributable to special education expenditures in the fiscal year.

(2) Subparagraph 2 iv of subsection 41 (3) of the Regulation is revoked.

8. (1) Subparagraph 1 ii of subsection 45 (3) of the Regulation is revoked and the following substituted:

ii. 62 per cent of the total of the amounts distributed to the board in respect of the 2003 calendar year under subsections 237 (12) and 238 (2), section 239, subsection 240 (5), sections 250 and 251 and subsections 257.8 (2) and 257.9 (1) of the Education Act, under sections 447.20 and 447.52 of the Municipal Act, as made applicable by section 474 of the Municipal Act, 2001, under subsections 353 (4),  364 (22) and 365.2 (16) of the Municipal Act, 2001, under section 10 of Ontario Regulation 509/98 and under subsection 13 (2) of Ontario Regulation 3/02,

(2) Paragraph 1 of subsection 45 (3) of the Regulation is amended by adding the following subparagraph:

iii.1 62 per cent of the total of the amounts, if any, referred to in subsection 364 (22) of the Municipal Act, 2001, as made applicable by section 257.12.3 of the Education Act, that are paid to the board in respect of the 2003 calendar year,

(3) Subparagraph 1 v of subsection 45 (3) of the Regulation is amended by striking out “subsection 366 (4) of the Municipal Act, 2001” and substituting “subsection 366 (3) of the Municipal Act, 2001”.

(4) Paragraph 1 of subsection 45 (3) of the Regulation is amended by adding the following subparagraphs:

v.1 62 per cent of the amounts, if any, paid to the board in respect of the 2003 calendar year by a municipality under subsection 353 (4) of the Municipal Act, 2001,

v.2 62 per cent of the amounts, if any, applied by the board against the cancellation price of land sold for tax arrears in the 2003 calendar year, under section 380 of the Municipal Act, 2001, as made applicable by subsection 371 (2) of that Act,

(5) Paragraph 7 of subsection 45 (3) of the Regulation is revoked and the following substituted:

7. Deduct 62 per cent of the total of the amounts, if any, paid by the board in respect of the 2003 calendar year under subsections 361 (7), 364 (11), 365 (3), 365.1 (13), (14), (15), (17), (18) and (19) and 365.2 (8) of the Municipal Act, 2001.

9. The Regulation is amended by adding the following section:

Amounts payable to board, attendance at school for Indian children

51. (1) This section applies in respect of a board that has submitted to the Minister an arrangement for admission of one or more persons who are qualified to be resident pupils of the board to an elementary school for Indian children under section 185 of the Act.

(2) Subject to subsection (3), the Minister shall pay to the board, for each person to whom the arrangement applies, an amount equal to the cost per pupil of elementary instruction for the 2002-2003 fiscal period in the school to which the child is admitted under the arrangement.

(3) The amount paid by the Minister under subsection (2) shall not exceed the fee that the board would charge to elementary school pupils under section 3 of the 2002-2003 fees regulation.

10. The Regulation is amended by adding the following Table:

TABLE/TABLEAU 7.1

SCHOOL RENEWAL enhancement AMOUNTS/
Augmentation au titre de LA RéFECTION DES éCOLES

11. Table 8 of the Regulation is revoked and the following substituted:

TABLE/TABLEAU 8

CAPITAL TRANSITIONAL ADJUSTMENT/
REDRESSEMENT TEMPORAIRE DES IMMOBILISATIONS