O. Reg. 490/20: CALCULATION OF FEES FOR PUPILS FOR THE 2020-2021 SCHOOL BOARD FISCAL YEAR, Filed September 3, 2020 under Education Act, R.S.O. 1990, c. E.2

 

ontario regulation 490/20

made under the

Education Act

Made: August 17, 2020
Approved: August 27, 2020
Filed: September 3, 2020
Published on e-Laws: September 4, 2020
Printed in The Ontario Gazette: September 19, 2020

Calculation of Fees for Pupils for the 2020-2021 School Board Fiscal Year

CONTENTS

1.

Interpretation

2.

Application

3.

Education for Indians

4.

Fees, residing in Ontario

5.

Fees, not residing in Ontario

6.

Fees, s. 68 boards

7.

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

8.

Fees, summer school and continuing education

9.

No fee between boards

10.

Commencement

 

Interpretation

1. (1) In this Regulation,

“A.D.E. regulation” means Ontario Regulation 491/20 (Calculation of Average Daily Enrolment for the 2020-2021 School Board Fiscal Year) made under the Act; (“règlement sur l’effectif quotidien moyen”)

“continuing education class or course” has the same meaning as in section 14 of the A.D.E. 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 8 of the A.D.E. 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 13 of the A.D.E. 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 7 of the A.D.E. 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 10 of the A.D.E. 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 one to eight; (“élève de l’élémentaire”)

“grant regulation” means Ontario Regulation 489/20 (Grants for Student Needs — Legislative Grants for the 2020-2021 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”)

“P.A.C.”, for a pupil, means the pupil accommodation charge for a pupil as determined under subsections (3) and (4); (“frais de pension”)

“secondary school pupil” means a pupil who is enrolled in any of grades nine to twelve; (“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 18 (1) of the A.D.E. 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 he or she is a pupil of the board for the purposes of the grant regulation.

(3) 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.

(4) Despite subsection (3), 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. This Regulation applies in respect of the fiscal year of boards that commences on September 1, 2020 and ends on August 31, 2021.

Education for Indians

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 determined,

(a)  under subsection (3), in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board;

(b)  under subsection (4), in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board; or

(c)  under subsection (5), in the case of a pupil who is enrolled in a school operated by an isolate board.

(3) The base fee for an elementary school pupil enrolled in a school operated by a district school board is determined as follows:

1.  Determine an amount on account of the pupil foundation allocation for elementary school pupils by taking the total of the amounts determined under paragraphs 1, 2, 3 and 4 of subsection 16 (1) of the grant regulation.

2.  Determine an amount on account of the school foundation allocation for elementary school pupils as follows:

i.  Take the total of the amounts determined under paragraph 1 of subsection 17 (2) of the grant regulation.

ii.  Take the total of the amounts determined under paragraph 2 of subsection 17 (2) of the grant regulation.

iii.  Take the total of the amounts determined under paragraph 1 of subsection 17 (3) of the grant regulation.

iv.  Take the total of the amounts determined under paragraph 1 of subsection 17 (4) of the grant regulation.

v.  Take the amount determined under paragraph 4 of subsection 17 (5) of the grant regulation.

vi  Take the library staff amount (part of the school foundation allocation) under the grant regulation.

vii.  Take the amount determined under subparagraph 2 x of subsection (4).

viii.  Total the amounts determined under subparagraphs i to vii.

3.  Determine an amount on account of the special education allocation for elementary school pupils as follows:

i.  Take the amount determined in respect of the board under paragraph 1 of section 19 of the grant regulation.

ii.  Take the amount determined in respect of the board under paragraph 2 of section 19 of the grant regulation.

iii.  Take the sum of the amount set out in paragraph 1 of subsection 20 (1) of the grant regulation and the amount determined in respect of the board under paragraph 2 of subsection 20 (1) of the grant regulation.

iv.  Take the differentiated special education needs amount (part of the special education allocation) under the grant regulation.

v.  Take the behaviour expertise amount (part of the special education allocation) under the grant regulation.

vi.  Divide the sum of the amounts determined under subparagraphs iii, iv and v by the day school A.D.E. of pupils of the board.

vii.  Multiply the result obtained under subparagraph vi by the day school A.D.E. of elementary school pupils of the board.

viii.  Total the amounts obtained under subparagraphs i, ii and vii.

4.  In the case of an English-language district school board, determine an amount on account of the language allocation for elementary school pupils as follows:

i.  Take the French as a second language amount for elementary school pupils (part of the French as a second language amount, which is part of the language allocation) under the grant regulation.

ii.  Calculate the part of the ESL/ELD amount for the board that is generated by elementary school pupils of the board as follows:

A.  Take the ESL/ELD amount for elementary school pupils (part of the ESL/ELD amount, which is part of the language allocation) under the grant regulation.

B.  Take the diversity in English language learners component of the ESL/ELD amount (part of the ESL/ELD amount, which is part of the language allocation) under the grant regulation.

C.  Divide the amount determined under sub-subparagraph B by the day school A.D.E. of pupils of the board.

D.  Multiply the result obtained under sub-subparagraph C by the day school A.D.E. of elementary school pupils of the board.

E.  Total the amounts determined under sub-subparagraphs A and D.

iii.  Total the amounts determined under subparagraphs i and ii.

5.  In the case of a French-language district school board, determine an amount on account of the language allocation for elementary school pupils as follows:

i.  Multiply by $770.89 the number of elementary school pupils of the board on October 31, 2020.

ii.  Divide $228,073.37 by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of elementary school pupils of the board.

iv.  Add the product determined under subparagraph iii to the total of the amounts determined under paragraphs 2 and 3 of subsection 31 (2) of the grant regulation.

v.  Calculate the part of the PANA funding level (part of the ALF/PANA amount, which is part of the language allocation), determined under subsection 31 (3) of the grant regulation, that is generated by elementary school pupils of the board.

vi.  Total the amounts determined under subparagraphs i, iv and v.

6.  Determine an amount on account of the Indigenous education supplemental allocation for elementary school pupils as follows:

i.  Take the Indigenous language amount for elementary school pupils (part of the Indigenous education supplemental allocation), determined under subsection 32 (2) of the grant regulation.

ii.  Take the census-based Indigenous amount (part of the Indigenous education supplemental allocation), determined under subsection 32 (5) of the grant regulation.

iii.  Add the board action plan amount (part of the Indigenous education supplemental allocation), determined under subsection 32 (6) of the grant regulation, to the amount determined under subparagraph ii.

iv.  Divide the amount determined under subparagraph iii by the day school A.D.E. of pupils of the board.

v.  Multiply the amount determined under subparagraph iv by the day school A.D.E. of elementary school pupils of the board.

vi.  Total the amounts calculated under subparagraphs i and v.

7.  Determine an amount on account of the outlying schools allocation for elementary school pupils by taking the amount determined in respect of the board under paragraph 3 of section 33 of the grant regulation.

8.  Determine an amount on account of the remote and rural allocation for elementary school pupils by totalling the amounts, if any, determined under the following:

i.  Subparagraph 1 iii of subsection 34 (2) of the grant regulation.

ii.  Subparagraph 2 iv of subsection 34 (2) of the grant regulation.

iii.  Subparagraph 3 iv of subsection 34 (2) of the grant regulation.

iv.  Paragraph 1 of subsection 34 (3) of the grant regulation.

v.  Paragraph 1 of subsection 34 (4) of the grant regulation.

vi.  The dispersion amount in respect of elementary school pupils (part of the dispersion amount, which is part of the remote and rural allocation) under the grant regulation.

9.  Determine an amount on account of the rural and northern allocation for elementary school pupils as follows:

i.  Take the rural and northern allocation under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of elementary school pupils of the board.

10.  Determine an amount on account of the educational software top-up allocation for elementary school pupils as follows:

i.  Take the educational software top-up allocation under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of elementary school pupils of the board.

11.  Determine an amount on account of the learning opportunities allocation for elementary school pupils as follows:

i.  Take the total of,

A.  the demographic component amount (part of the learning opportunities allocation) under the grant regulation,

B.  the amount determined for the board under paragraph 4 of subsection 37 (5) of the grant regulation,

C.  $90,000 in the case of the Lakehead District School Board,

D.  the tutoring amount (part of the learning opportunities allocation) under the grant regulation,

E.  the outdoor education amount (part of the learning opportunities allocation) under the grant regulation, and

F.  the experiential learning amount (part of the learning opportunities allocation) under the grant regulation, less the amount determined for the board under paragraph 5 of subsection 37 (9) of the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of elementary school pupils of the board.

iv.  Take the total of,

A.  the student success teachers and literacy and numeracy coaches, grades 7 and 8 amount (part of the learning opportunities allocation) under the grant allocation,

B.  the amount determined for the board under paragraph 2 of subsection 37 (5) of the grant regulation, and

C.  the amount determined for the board under paragraph 8 of subsection 37 (5) of the grant regulation.

v.  Add the amounts determined under subparagraphs iii and iv.

12.  Determine an amount on account of the mental health and well-being allocation for elementary school pupils as follows:

i.  Take the total of,

A.  the prevention and program support component amount (part of the mental health and well-being allocation) under the grant regulation, and

B.  the professional staff support component amount (part of the mental health and well-being allocation) under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of elementary school pupils of the board.

13.  Determine an amount on account of the new teacher induction program amount for elementary school pupils of the board as follows:

i.  Multiply the new teacher induction program amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation by the number of elementary school teachers of the board counted for the purposes of subsection 41 (4) of Ontario Regulation 277/19 (Grants for Student Needs — Legislative Grants for the 2019-2020 School Board Fiscal Year) made under the Act, who had two or fewer full years of teaching experience determined in accordance with subsection 41 (6) of that regulation.

ii.  Divide the product determined under subparagraph i by the number of teachers of the board counted for the purposes of subsection 41 (4) of Ontario Regulation 277/19, who had two or fewer full years of teaching experience determined in accordance with subsection 41 (6) of that regulation.

14.  Take the educator qualification and experience amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation.

15.  Take the elementary school teacher qualification and experience amount (part of the elementary and secondary school teacher qualification and experience amount, which is part of the cost adjustment and new teacher program allocation) under the grant regulation.

16.  Determine an amount on account of the conditional supports for extending eligibility for maternity leave, sick leave and short-term sick leave and disability plans amount for elementary school pupils as follows:

i.  Take the conditional supports for extending eligibility for maternity leave, sick leave and short-term sick leave and disability plans amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of elementary school pupils of the board.

17.  Take the elementary base funding amount (part of the teacher job protection amount, which is part of the cost adjustment and new teacher program allocation) under the grant regulation.

18.  Determine an amount on account of the supports for students allocation for elementary school pupils as follows:

i.  Take the supports for students allocation under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of elementary school pupils of the board.

19.  Determine an amount on account of the program leadership allocation for elementary school pupils as follows:

i.  Take the program leadership allocation under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of elementary school pupils of the board.

20.  Determine an amount on account of the administration and governance allocation for elementary school pupils as follows:

i.  Subtract the total of the assistance in implementing the standards recommended by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants amount (part of the administration and governance allocation) under the grant regulation, the internal audits amount (part of the administration and governance allocation) under the grant regulation, the employer bargaining agency fees amount (part of the administration and governance allocation) under the grant regulation and the amounts determined under paragraphs 13 and 14 of subsection 53 (2) and paragraphs 2, 3 and 5 of subsection 53 (21) of the grant regulation from the administration and governance allocation under the grant regulation.

ii.  Add the stabilization amount (part of the administration and governance allocation) under the grant regulation.

iii.  Divide the amount determined under subparagraph ii by the day school A.D.E. of pupils of the board.

iv.  Multiply the amount determined under subparagraph iii by the day school A.D.E. of elementary school pupils of the board.

v.  Add the total of the amounts determined under paragraphs 2 and 4 of subsection 53 (21) of the grant regulation to the amount determined under subparagraph iii.

21.  Determine an amount on account of the school operations allocation for elementary school pupils as follows:

i.  Multiply the benchmark operating cost of $91.56 per metre squared by the adjusted elementary school area requirement for the board determined under paragraph 3 of subsection 56 (1) of the grant regulation.

ii.  Take the total of the amounts determined in respect of the board under paragraph 19 of subsection 56 (1) of the grant regulation.

iii.  Add the amounts determined under subparagraphs i and ii.

22.  Determine an amount on account of the board’s adjustment for declining enrolment in respect of elementary school pupils as follows:

i.  Divide the adjustment for declining enrolment, if any, as determined under the grant regulation, by the day school A.D.E. of pupils of the board.

ii.  Multiply the amount determined under subparagraph i by the day school A.D.E. of elementary school pupils of the board.

23.  Total the amounts determined for the board under paragraphs 1 to 22.

24.  Determine an amount on account of the public sector compensation restraint amount for elementary school pupils as follows:

i.  Take the public sector compensation restraint amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of elementary school pupils of the board.

25.  Subtract the amount determined under paragraph 24 from the amount determined under paragraph 23.

26.  Subtract the portion of the sick leave credit gratuities re-payment amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation that relates to employees of the board primarily involved in the provision of education to elementary school pupils. For the purposes of this paragraph, each employee of the board is either primarily involved in the provision of education to elementary school pupils or primarily involved in the provision of education to secondary school pupils, but not both.

27.  Determine an amount on account of the Crown contribution and stabilization adjustment for benefits trusts amount for elementary school pupils as follows:

i.  Take the Crown contribution and stabilization adjustment for benefits trusts amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of elementary school pupils of the board.

28.  Add the amount determined under paragraph 27 to the amount determined under paragraph 26.

29.  Divide the amount determined under paragraph 28 by the day school A.D.E. of elementary school pupils of the board.

(4) The base fee for a secondary school pupil enrolled in a school operated by a district school board is determined as follows:

1.  Determine an amount on account of the pupil foundation allocation for secondary school pupils by taking the amount determined under paragraph 5 of subsection 16 (1) of the grant regulation.

2.  Determine an amount on account of the school foundation allocation for secondary school pupils as follows:

i.  Take the total of the amounts determined under paragraphs 3 and 5 of subsection 17 (2) of the grant regulation.

ii.  Take the total of the amounts determined under paragraph 4 of subsection 17 (2) of the grant regulation.

iii.  Take the total of the amounts determined under paragraph 2 of subsection 17 (3) of the grant regulation.

iv.  Take the total of the amounts determined under paragraph 2 of subsection 17 (4) of the grant regulation.

v.  Take the total of the amounts determined under paragraphs 8 and 12 of subsection 17 (5) of the grant regulation.

vi.  Total the amounts determined under subparagraphs i to v.

vii.  Take the total of the amounts that would be determined under the principals amount, the vice-principals amount, the school secretaries amount and the school supplies amount (all part of the school foundation allocation) under the grant regulation if the number of qualifying sole elementary schools of the board and the number of qualifying sole secondary schools of the board were each deemed to be zero.

viii.  Take the day school A.D.E. of elementary school pupils of the board, counting only pupils enrolled in schools that are part of a qualifying combined school of the board within the meaning of the grant regulation.

ix.  Multiply the amount determined under subparagraph vii by the number determined under subparagraph viii.

x.  Divide the amount determined under subparagraph ix by the day school A.D.E. of pupils of the board, counting only pupils enrolled in schools that are part of a qualifying combined school of the board within the meaning of the grant regulation.

xi.  Subtract the amount determined under subparagraph x from the amount determined under subparagraph vi.

3.  Determine an amount on account of the special education allocation for secondary school pupils as follows:

i.  Take the amount determined in respect of the board under paragraph 3 of section 19 of the grant regulation.

ii.  Take the sum of the amount set out in paragraph 1 of subsection 20 (1) of the grant regulation and the amount determined in respect of the board under paragraph 2 of subsection 20 (1) of the grant regulation.

iii.  Take the differentiated special education needs amount (part of the special education allocation) under the grant regulation.

iv.  Take the behaviour expertise amount (part of the special education allocation) under the grant regulation.

v.  Divide the sum of the amounts determined under subparagraphs ii, iii and iv by the day school A.D.E. of pupils of the board.

vi.  Multiply the result obtained under subparagraph v by the day school A.D.E. of secondary school pupils of the board.

vii.  Total the amounts obtained under subparagraphs i and vi.

4.  In the case of an English-language district school board, determine an amount on account of the language allocation for secondary school pupils as follows:

i.  Take the French as a second language amount for secondary school pupils (part of the French as a second language amount, which is part of the language allocation) under the grant regulation.

ii.  Calculate the part of the ESL/ELD amount for the board that is generated by secondary school pupils of the board as follows:

A.  Take the ESL/ELD amount for secondary school pupils (part of the ESL/ELD amount, which is part of the language allocation) under the grant regulation.

B.  Take the diversity in English language learners component of the ESL/ELD amount (part of the ESL/ELD amount, which is part of the language allocation) under the grant regulation.

C.  Divide the amount determined under sub-subparagraph B by the day school A.D.E. of pupils of the board.

D.  Multiply the result obtained under sub-subparagraph C by the day school A.D.E. of secondary school pupils of the board.

E.  Total the amounts determined under sub-subparagraphs A and D.

iii.  Total the amounts determined under subparagraphs i and ii.

5.  In the case of a French-language district school board, determine an amount on account of the language allocation for secondary school pupils as follows:

i.  Multiply $883.95 by the day school A.D.E. of secondary school pupils of the board.

ii.  Divide $228,073.37 by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of secondary school pupils of the board.

iv.  Add $86,449.42 to the amount determined under subparagraph iii.

v.  Add the amount determined under subparagraph iv to the total of the amounts determined under paragraphs 5, 6 and 7 of subsection 31 (2) of the grant regulation.

vi.  Calculate the part of the PANA funding level (part of the ALF/PANA amount, which is part of the language allocation), determined under subsection 31 (3) of the grant regulation, that is generated by secondary school pupils of the board.

vii.  Total the amounts determined under subparagraphs i, v and vi.

6.  Determine an amount on account of the Indigenous education supplemental allocation for secondary school pupils as follows:

i.  Take the Indigenous language amount for secondary school pupils (part of the Indigenous education supplemental allocation), determined under subsection 32 (3) of the grant regulation.

ii.  Take the First Nations, Métis and Inuit studies amount (part of the Indigenous education supplemental allocation), determined under subsection 32 (4) of the grant regulation.

iii.  Take the census-based Indigenous amount (part of the Indigenous education supplemental allocation), determined under subsection 32 (5) of the grant regulation.

iv.  Add the board action plan amount (part of the Indigenous education supplemental allocation), determined under subsection 32 (6) of the grant regulation, to the amount determined under subparagraph iii.

v.  Divide the amount determined under subparagraph iv by the day school A.D.E. of pupils of the board.

vi.  Multiply the amount determined under subparagraph v by the day school A.D.E. of secondary school pupils of the board.

vii.  Total the amounts calculated under subparagraphs i, ii and vi.

7.  Determine an amount on account of the outlying schools allocation for secondary school pupils by taking the amount determined in respect of the board under paragraph 6 of section 33 of the grant regulation.

8.  Determine an amount on account of the remote and rural allocation for secondary school pupils by totalling the amounts, if any, determined under the following:

i.  Subparagraph 1 vi of subsection 34 (2) of the grant regulation.

ii.  Subparagraph 2 vii of subsection 34 (2) of the grant regulation.

iii.  Subparagraph 3 vii of subsection 34 (2) of the grant regulation.

iv.  Paragraph 2 of subsection 34 (3) of the grant regulation.

v.  Paragraph 2 of subsection 34 (4) of the grant regulation.

vi.  The dispersion amount in respect of secondary school pupils (part of the dispersion amount, which is part of the remote and rural allocation).

9.  Determine an amount on account of the rural and northern allocation for secondary school pupils as follows:

i.  Take the rural and northern allocation under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of secondary school pupils of the board.

10.  Determine an amount on account of the educational software top-up allocation for secondary school pupils as follows:

i.  Take the educational software top-up allocation under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of secondary school pupils of the board.

11.  Determine an amount on account of the learning opportunities allocation for secondary school pupils as follows:

i.  Take the total of,

A.  the demographic component amount (part of the learning opportunities allocation) under the grant regulation,

B.  the amount determined for the board under paragraph 4 of subsection 37 (5) of the grant regulation,

C.  $90,000 in the case of the Lakehead District School Board,

D.  the tutoring amount (part of the learning opportunities allocation) under the grant regulation,

E.  the outdoor education amount (part of the learning opportunities allocation) under the grant regulation, and

F.  the experiential learning amount (part of the learning opportunities allocation) under the grant regulation, less the amount determined for the board under paragraph 5 of subsection 37 (9) of the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of secondary school pupils of the board.

iv.  Take the total of,

A.  the amount determined for the board under paragraph 1 of subsection 37 (5) of the grant regulation,

B.  the amount determined for the board under paragraph 6 of subsection 37 (5) of the grant regulation, and

C.  the specialist high skills major program amount (part of the learning opportunities allocation) under the grant regulation.

v.  Add the amounts determined under subparagraphs iii and iv.

12.  Determine an amount on account of the mental health and well-being allocation for secondary school pupils as follows:

i.  Take the total of,

A.  the prevention and program support component amount (part of the mental health and well-being allocation) under the grant regulation, and

B.  the professional staff support component amount (part of the mental health and well-being allocation) under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of secondary school pupils of the board.

iv.  Add the priority urban secondary schools component amount, the mental health workers staffing amount and the data and information collection amount (which are all part of the mental health and well-being allocation) under the grant regulation to the amount determined under subparagraph iii.

13.  Determine an amount on account of the new teacher induction program amount for secondary school pupils of the board as follows:

i.  Multiply the new teacher induction program amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation by the number of secondary school teachers of the board counted for the purposes of subsection 41 (3) of Ontario Regulation 277/19 (Grants for Student Needs — Legislative Grants for the 2019-2020 School Board Fiscal Year) made under the Act, who had two or fewer full years of teaching experience determined in accordance with subsection 41 (6) of that regulation.

ii.  Divide the product determined under subparagraph i by the number of teachers of the board counted for the purposes of subsection 41 (3) of Ontario Regulation 277/19, who had two or fewer full years of teaching experience determined in accordance with subsection 41 (6) of that regulation.

14.  Take the secondary school teacher qualification and experience amount (part of the elementary and secondary school teacher qualification and experience amount, which is part of the cost adjustment and new teacher induction program allocation) under the grant regulation.

15.  Determine an amount on account of the conditional supports for extending eligibility for maternity leave, sick leave and short-term sick leave and disability plans amount for secondary school pupils as follows:

i.  Take the conditional supports for extending eligibility for maternity leave, sick leave and short-term sick leave and disability plans amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of secondary school pupils of the board.

16.  Take the secondary base funding amount (part of the teacher job protection amount, which is part of the cost adjustment and new teacher program allocation) under the grant regulation.

17.  Take the STEM/specialized programming exemption amount (part of the teacher job protection amount, which is part of the cost adjustment and new teacher program allocation) under the grant regulation.

18.  Determine an amount on account of the supports for students allocation for secondary school pupils as follows:

i.  Take the supports for students allocation under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of secondary school pupils of the board.

19.  Determine an amount on account of the program leadership allocation for secondary school pupils as follows:

i.  Take the program leadership allocation under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of secondary school pupils of the board.

20.  Determine an amount on account of the administration and governance allocation for secondary school pupils as follows:

i.  Subtract the total of the assistance in implementing the standards recommended by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants amount (part of the administration and governance allocation) under the grant regulation, the internal audits amount (part of the administration and governance allocation) under the grant regulation, the employer bargaining agency fees amount (part of the administration and governance allocation) under the grant regulation and the amounts determined under paragraphs 13 and 14 of subsection 53 (2) and paragraphs 2, 3 and 5 of subsection 53 (21) of the grant regulation from the administration and governance allocation under the grant regulation.

ii.  Add the stabilization amount (part of the administration and governance allocation) under the grant regulation.

iii.  Divide the amount determined under subparagraph ii by the day school A.D.E. of pupils of the board.

iv.  Multiply the amount determined under subparagraph iii by the day school A.D.E. of secondary school pupils of the board.

v.  Add the total of the amounts determined under paragraphs 13 and 14 of subsection 53 (2) of the grant regulation and paragraphs 3 and 4 of subsection 53 (21) of the grant regulation to the amount determined under subparagraph iii.

21.  Determine an amount on account of the school operations allocation for secondary school pupils as follows:

i.  Multiply the benchmark operating cost of $91.56 per metre squared by the adjusted secondary school area requirement for the board determined under paragraph 14 of subsection 56 (1) of the grant regulation.

ii.  Take the total of the amounts determined in respect of the board under paragraph 22 of subsection 56 (1) of the grant regulation.

iii.  Add the amounts determined under subparagraphs i and ii.

22.  Determine an amount on account of the board’s adjustment for declining enrolment in respect of secondary school pupils as follows:

i.  Divide the adjustment for declining enrolment, if any, as determined under the grant regulation, by the day school A.D.E. of pupils of the board.

ii.  Multiply the amount determined under subparagraph i by the day school A.D.E. of secondary school pupils of the board.

23.  Total the amounts determined for the board under paragraphs 1 to 22.

24.  Determine an amount on account of the public sector compensation restraint for secondary school pupils as follows:

i.  Take the public sector compensation restraint amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of secondary school pupils of the board.

25.  Subtract the amount determined under paragraph 24 from the amount determined under paragraph 23.

26.  Subtract the portion of the sick leave credit gratuities re-payment amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation that relates to employees of the board primarily involved in the provision of education to secondary school pupils. The amount of this portion is determined by subtracting the amount under paragraph 26 of subsection (3) from the sick leave credit gratuities re-payment amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation.

27.  Determine an amount on account of the Crown contribution and stabilization adjustment for benefits trusts amount for secondary school pupils as follows:

i.  Take the Crown contribution and stabilization adjustment for benefits trusts amount (part of the cost adjustment and new teacher induction program allocation) under the grant regulation.

ii.  Divide the amount determined under subparagraph i by the day school A.D.E. of pupils of the board.

iii.  Multiply the amount determined under subparagraph ii by the day school A.D.E. of secondary school pupils of the board.

28.  Add the amount determined under paragraph 27 to the amount determined under paragraph 26.

29.  Divide the amount determined under paragraph 28 by the day school A.D.E. of secondary school pupils of the board.

(5) The base fee for a pupil who is enrolled in a school operated by an isolate board is determined as follows:

1.  Take the approved expense of the board within the meaning of subsection 74 (1) of the grant regulation.

2.  Deduct the amount of the approved expense referred to in paragraph 1 that relates to transportation.

3.  Deduct the amount of the approved expense referred to in paragraph 1 that relates to school renewal.

4.  Divide the amount obtained under paragraph 3 by the day school A.D.E. of pupils of the board.

(6) 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 under subsection 188 (1) of the Act on or before 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.

(7) For the purposes of subsection (6), 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.

(8) 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.

(9) Subject to subsection (10), 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.

(10) The fee in respect of the services and supports referred to in subsection (9) 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 $28,235.

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.

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

(12) 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.

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 1 (2) of the A.D.E. 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 who is enrolled in a day school program in a school of a district school board or an isolate board and whose parent or guardian does not reside in Ontario is an amount determined by the board that does not exceed the maximum fee determined under subsection (2) or (3).

(2) Except as is provided in subsection (3), the maximum fee is the amount calculated as follows:

1.  Take the amount calculated under subsection (5) 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 part months during which the pupil is enrolled in a school of the board.

(3) 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.

(4) This section does not apply in respect of a pupil,

(a)  to whom subsection 49 (6) of the Act applies; or

(b)  who was a pupil of a board for the purposes of Ontario Regulation 277/19 (Grants for Student Needs — Legislative Grants for the 2019-2020 School Board Fiscal Year) made under the Act.

(5) The amount referred to in paragraph 1 of subsection (2) 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 determined,

(a)  under subsection 3 (3), in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board, if that subsection had applied to the pupil;

(b)  under subsection 3 (4), in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board, if that subsection had applied to the pupil; or

(c)  under subsection 3 (5), in the case of a pupil who is enrolled in a school operated by an isolate board, if that subsection had applied to the pupil.

(6) The day school A.D.E. of a pupil referred to in subsection (5) 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, s. 68 boards

6. (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 September 1, 2020 to August 31, 2021 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

7. (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 (5) 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 (5) 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

8. (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 1 (2) of the A.D.E. 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 agreement, the amount determined as follows:

1.  Determine the expenses of the board in the fiscal year for continuing education classes or courses.

2.  Divide the amount determined under paragraph 1 by the continuing education A.D.E. of all pupils of the board, determined under Part IV of the A.D.E. regulation.

3.  Multiply the result obtained under paragraph 2 by the continuing education A.D.E. of the pupil, determined under Part IV of the A.D.E. 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 15 and 16 of the A.D.E. regulation; and

(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 Part IV of the A.D.E. regulation and calculated as if the pupil were the board’s only pupil.

(6) The fee in respect of a pupil described in clause (a) or (c) of the definition of “other pupil” in subsection 1 (2) of the A.D.E. 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 agreement, the amount determined as follows:

1.  Determine the expenses of the board in the fiscal year for summer school classes or courses.

2.  Divide the amount determined under paragraph 1 by the summer school A.D.E. of all pupils of the board, determined under Part V of the A.D.E. regulation.

3.  Multiply the result obtained under paragraph 2 by the summer school A.D.E. of the pupil, determined under Part V of the A.D.E. 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 19 and 20 of the A.D.E. regulation; and

(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 Part V of the A.D.E. regulation and calculated as if the pupil were the board’s only pupil.

No fee between boards

9. No fee is payable under this Regulation by one board to another board.

Commencement

10. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le ministre de l’Éducation,

Stephen Lecce

Minister of Education

 

Date made: August 17, 2020
Pris le : 17 août 2020