ontario regulation 129/16
made under the
Education Act
Made: May 4, 2016
Filed: May 9, 2016
Published on e-Laws: May 9, 2016
Printed in The Ontario Gazette: May 28, 2016
Amending O. Reg. 221/11
(EXTENDED DAY AND THIRD PARTY PROGRAMS)
1. Part I of Ontario Regulation 221/11 is revoked and the following substituted:
Part I
General
Application
1. (1) The obligations under this Regulation with respect to a school terminate upon the closure of the school.
(2) This Regulation applies only to district school boards, The Protestant Separate School Board of the Town of Penetanguishene, The Moosonee District School Area Board and The Moose Factory Island District School Area Board.
2. The heading to Part II of the Regulation is revoked and the following substituted:
Part II
SCHOOLS SUBJECT TO SECTION 259 or 259.1 OF THE ACT
3. (1) The Regulation is amended by adding the following section:
Schools subject to s. 259 (1) of the Act
2. (1) Every board shall, in every elementary school of the board in which instruction is given in any part of the primary division or junior division, operate an extended day program or ensure the operation of a third party program under subsection 259 (1) of the Act for pupils of the board who are enrolled in junior kindergarten or kindergarten.
(2) A board shall operate the program or ensure that the program is operated both before the start of the school day and after the end of the school day.
(2) Section 2 of the Regulation, as made by subsection (1), is amended by adding the following subsection:
(1.1) Every board shall, beginning in the 2017-18 school year in every elementary school of the board in which instruction is given in any part of the primary division or junior division, operate an extended day program or ensure the operation of a third party program under subsection 259.1 (1) of the Act for pupils of the board who are enrolled in grades 1 to 6.
4. Section 2.1 of the Regulation is revoked.
5. (1) Subsection 3 (1) of the Regulation is amended by striking out “section 2.1” and substituting “section 2” and by striking out “section 9” and substituting “section 3.1”.
(2) Subsection 3 (3) of the Regulation is amended by striking out “section 2.1” in the portion before paragraph 1 and substituting “section 2”.
(3) Section 3 of the Regulation is amended by adding the following subsection:
(4) In this section,
“French immersion” means classes or courses for English-speaking pupils in which French is the language of instruction for an average of 150 or more minutes per school day. (“programme d’immersion en français”)
(4) Section 3 of the Regulation, as amended by subsections (1) to (3), is revoked and the following substituted:
Exceptions
3. (1) Despite section 2, a board is not required in a school year to operate or ensure the operation of the before school portion, the after school portion or both portions of an extended day program or a third party program in a school of the board if there is an agreement that such operation is not needed for the school year in the school between,
(a) the board;
(b) any First Nation that has an agreement, under section 188 of the Act, with the board relating to one or more pupils in the school; and
(c) the service system manager designated under the Child Care and Early Years Act, 2014 for the service area where the school is located.
(2) Before coming to an agreement described in subsection (1), the board shall carry out consultations in accordance with section 4 in order to assess the viability of and demand for the portion or portions that would be affected by such an agreement.
(3) Despite subsection (1), if a board is not able to enter into an agreement described in subsection (1) by the last day of April in each year, the board shall operate or ensure the operation of the before school portion, the after school portion or both portions of an extended day program or a third party program in the next school year.
(4) Despite subsections (1) and (2), sections 3 and 3.1, as they read on March 30, 2017, continue to apply to a board that is not operating an extended day program or ensuring the operation of a third party program in the 2016-17 school year until the end of that school year.
6. (1) The Regulation is amended by adding the following section:
Viability exception
3.1 (1) Despite section 2, a board is not required to operate or ensure the operation of the before school portion, the after school portion or both portions of the extended day or third party program in a school in a school year if, by the day before the last day of April of the preceding school year, the board concludes that,
(a) the projected enrolment of children in the relevant portion or portions of the extended day program or third party program operated in the school is less than 20 children, including only children who will be enrolled in junior kindergarten or kindergarten in the school in the next school year; and
(b) subject to subsection (2), the projected enrolment described in clause (a) cannot be increased to 20 children by including up to five children who will be enrolled in grade 1 or 2 in the school in the next school year.
(2) Clause (1) (b) does not apply if the board has a written agreement with a third party under which the third party operates a before school program and an after school program on the school site for pupils in grades 1 and 2.
(3) A board shall reassess each year whether this section applies to it with respect to a school of the board.
(4) Nothing in clause (1) (b) limits the right of a board to operate or ensure the operation of an extended day program or third party program for pupils of the board under subsection 259 (2) of the Act.
(2) Subsection 3.1 (3) of the Regulation, as made by subsection (1), is revoked.
(3) Section 3.1 of the Regulation, as amended by subsection (2), is revoked.
7. (1) The Regulation is amended by adding the following section:
Plans for provision of extended day or third party program
4. (1) Before the last day of April in each year, every board shall undertake a planning process for each school of the board described in subsection 2 (1) in order to plan for the provision in the school, in the next school year, of,
(a) a before school portion, an after school portion or both portions of an extended day program or a third party program; or
(b) an extended day program or third party program operated in the school on non-instructional days.
(2) As part of the planning process referred to in subsection (1), a board shall consult with,
(a) the service system managers designated under the Child Care and Early Years Act, 2014 for the service areas of the school board;
(b) any First Nation that has an agreement, under section 188 of the Act, with the board;
(c) operators of existing third party programs selected by the board;
(d) parents whose children are enrolled in junior kindergarten or kindergarten and, if relevant, whose children are enrolled in the primary or junior divisions, or parents who intend to enrol their children in junior kindergarten or kindergarten and, if relevant, in the primary or junior divisions, in the next school year, and who have provided their contact information to the board; and
(e) Aboriginal organizations that provide culturally appropriate programs and services to urban aboriginal communities.
(3) The consultation mentioned in subsection (2) shall be for the purpose of assisting the board in determining,
(a) the demand and viability in each school for the programs or portions of programs mentioned in clauses (1) (a) and (b); and
(b) the projected enrolment for an extended day program or a third party program in respect of each school.
(4) As part of the consultation mentioned in subsection (2), a board shall provide information to the persons or entities described in subsection (2) regarding the estimated daily fee and the estimated non-instructional day fee for each extended day program or third party program that the board expects will be operating in the next school year.
(2) Subsection 4 (1) of the Regulation, as made by subsection (1), is amended by striking out “subsection 2 (1)” in the portion before clause (a) and substituting “subsection 2 (1) or (1.1)”.
(3) Clause 4 (2) (d) of the Regulation, as made by subsection (1), is revoked and the following substituted:
(d) parents whose children are enrolled in junior kindergarten to grade 6 or who intend to enrol their children in junior kindergarten to grade 6 in the next school year, and who have provided their contact information to the board; and
8. (1) Section 5 of the Regulation is revoked and the following substituted:
Determinations
5. (1) Before the last day of April in each year, a board shall, using information, including the information received during the consultations, determine the following:
1. The schools in which the board will operate extended day programs in the next school year for pupils enrolled in junior kindergarten or kindergarten.
2. The schools in which the board will ensure that a third party program will be operated in the next school year for pupils enrolled in junior kindergarten or kindergarten.
3. For each school in which the board will operate an extended day program in the next school year,
i. the actual number of minutes of operation of the program,
ii. the times in the day during which the board will operate the before and after school portions of the program,
iii. the features that the board anticipates the before and after school portions of the program will include, and
iv. any non-instructional days on which the board anticipates it will operate the program for pupils enrolled in junior kindergarten or kindergarten and, if relevant, other pupils enrolled in the primary or junior divisions.
(2) A board shall confirm the following with the operator of a third party program for each school in which a third party program will be operated in the next school year:
1. The actual number of minutes of operation of the program.
2. The times in the day during which the operator will operate the before and after school portions of the program.
3. Any non-instructional days on which the operator anticipates it will operate the program for pupils enrolled in junior kindergarten or kindergarten and, if relevant, other pupils enrolled in the primary or junior divisions.
(2) Paragraphs 1 and 2 of subsection 5 (1) of the Regulation, as remade by subsection (1), are amended by striking out “junior kindergarten or kindergarten” wherever it appears and substituting in each case “junior kindergarten to grade 6”.
(3) Subparagraph 3 iv of subsection 5 (1) of the Regulation, as remade by subsection (1), is amended by striking out “junior kindergarten or kindergarten and, if relevant, other pupils enrolled in the primary or junior divisions” and substituting “junior kindergarten to grade 6”.
(4) Paragraph 3 of subsection 5 (2) of the Regulation, as remade by subsection (1), is amended by striking out “junior kindergarten or kindergarten and, if relevant, other pupils enrolled in the primary or junior divisions” and substituting “junior kindergarten to grade 6”.
9. (1) Sections 6 to 13 of the Regulation are revoked and the following substituted:
Determination of fees, extended day
6. (1) Every board that determines that it will operate an extended day program in a school of the board in the next school year shall determine the daily fee and the non-instructional day fee, if any, to be charged by it to parents of pupils enrolled in the program.
(2) The determination of the fees described in subsection (1) shall be made no later than the last day of April in each year.
(3) The daily fee and the non-instructional day fee shall bear a reasonable relationship to the operating costs incurred by the board.
(4) In determining the fees under subsection (1), the board shall take into account the cost of providing access to pupils with special education needs.
Posting of fees and other information
7. (1) Before the last day of April in each year, every board shall, with respect to each school in which the board is required to operate an extended day program or ensure the operation of a third party program in the next school year, do the following:
1. Post the fees described in subsection (2) or (3) and the information described in subsection (4) on the board’s website.
2. Provide the fees described in subsection (2) or (3) and the information described in subsection (4) in writing to the parents described in clause 4 (2) (d).
(2) If a board has determined under section 5 with respect to a school that it will operate an extended day program in the next school year, the fees to be posted and provided under subsection (1) are the board’s daily fees and non-instructional day fees for the next school year.
(3) If a board has determined under section 5 with respect to a school that it will ensure that a third party program is operated in the next school year, the fees to be posted and provided under subsection (1) are the fees that the operator of the third party program has advised the board it will charge in the next school year.
(4) The information to be posted and provided under subsection (1) is the following, if relevant:
1. The information determined or confirmed under section 5.
2. Financial assistance that may be available to persons who are charged fees for extended day programs or third party programs, or where to obtain that information.
3. Notice that if a third party program that the board indicates will be operated in a school is not operated, an extended day program or third party program will be operated in the school but the fees, days and times of operation may change.
4. Any other information that the board considers relevant.
(5) If a board will not operate an extended day program or ensure the operation of a third party program in a school of the board in the next school year due to its conclusion under section 3.1 that it is exempt from the requirement to do so, the board shall, before the last day of April, do the following:
1. Post that information on the board’s website.
2. Provide that information in writing to those parents described in clause 4 (2) (d) who have enrolled or intend to enrol their children in the school.
(2) Subsection 7 (5) of the Regulation, as made by subsection (1), is amended by striking out “due to its conclusion under section 3.1 that it is exempt from the requirement to do so” in the portion before paragraph 1 and substituting “due to an agreement described in subsection 3 (1)”.
10. (1) Part IV of the Regulation is amended by adding the following section:
Interpretation
20.1 In this Part,
“actual daily fee” means the extended day program fee for a school’s extended day program, calculated in accordance with subsection 18 (1); (“droits quotidiens réels”)
“actual non-instructional day fee” means the extended day program fee for a school on a non-instructional day, calculated in accordance with subsection 18 (2); (“droits réels pour les journées autres que des journées d’enseignement”)
“base daily fee” means the base extended day program fee for a board’s extended day programs, calculated in accordance with subsection 16 (1); (“droits quotidiens de base”)
“base non-instructional day fee” means the base extended day program fee for a board on a non-instructional day, calculated in accordance with subsection 16 (2); (“droits de base pour les journées autres que des journées d’enseignement”)
(2) Part IV of the Regulation, as amended by subsection (1), is revoked.
11. (1) Subsection 27 (1) of the Regulation is amended by striking out “paragraph 3 of”.
(2) Paragraph 2 of subsection 27 (2) of the Regulation is revoked and the following substituted:
2. The operator provides an authorized recreational and skill building program which offers only an after school program which does not exceed three hours in duration each day.
(3) Subsection 27 (3) of the Regulation is amended by striking out “no later than May 15 of the preceding school year” wherever it appears.
(4) Section 27 of the Regulation is amended by adding the following subsection:
(4) In this section,
“authorized recreational and skill building programs” means authorized recreational and skill building programs as defined in subsection 2 (1) of the Child Care and Early Years Act, 2014. (“programmes autorisés de loisirs et de développement des compétences”)
Commencement
12. (1) Subject to subsections (2) to (4), this Regulation comes into force on the day it is filed.
(2) Subsections 5 (4), 6 (3) and 9 (2) come into force on the later of April 1, 2017 and the day this Regulation is filed.
(3) Subsection 10 (2) comes into force on the later of July 1, 2017 and the day this Regulation is filed.
(4) Section 2, subsections 3 (2), 6 (2), 7 (2) and (3) and 8 (2), (3) and (4) and section 11 come into force on the day subsection 5 (2) of Schedule 4 to the Child Care Modernization Act, 2014 comes into force.