Grants to isolate boards
46. (1) For the purposes of this section, the approved expenditure of an isolate board is the expenditure that is acceptable to the Minister as shown on the forms provided by the Ministry to the isolate board for the purpose of calculating its 2003-2004 legislative grant. O. Reg. 139/03, s. 46 (1). (2) In making determinations for the purposes of subsection (1), the Minister shall apply the funding formula on which the provisions of this Regulation relating to grants to district school boards is based, with such adaptations as the Minister considers advisable to take account of characteristics particular to isolate boards. O. Reg. 139/03, s. 46 (2). (3) For the purposes of this section, the 2003-2004 tax revenue of an isolate board is determined as follows: 1. Add: i. 38 per cent of the sum of, A. 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, B. 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, C. the total of all amounts, if any, paid to the board in respect of the 2003 calendar year by a municipality under subsection 353 (4) or 366 (3) of the Municipal Act, 2001, D. 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, E. the payments in lieu of taxes distributed to the board in respect of the 2003 calendar year under subsection 322 (1) of the Municipal Act, 2001, F. the grants, if any, made to the board in respect of the 2003 calendar year under subsection 302 (2) of the Municipal Act, 2001, and G. the amounts, if any, received by the board in respect of the 2003 calendar year under the Payments in Lieu of Taxes Act (Canada) or under any Act of Canada that permits a payment to be made by a government or a government agency in lieu of taxes on real property, and ii. 62 per cent of the sum of, A. the total of the amounts distributed to the board in respect of the 2004 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, B. 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 2004 calendar year, C. the total of all amounts, if any, paid to the board in respect of the 2004 calendar year by a municipality under subsection 353 (4) or 366 (3) of the Municipal Act, 2001, D. the amounts, if any, applied by the board against the cancellation price of land sold for tax arrears in the 2004 calendar year under section 380 of the Municipal Act, 2001, as made applicable by subsection 371 (2) of that Act, E. the payments in lieu of taxes distributed to the board in respect of the 2004 calendar year under subsection 322 (1) of the Municipal Act, 2001, F. the grants, if any, made to the board in respect of the 2004 calendar year under subsection 302 (2) of the Municipal Act, 2001, and G. the amounts, if any, received by the board in respect of the 2004 calendar year under the Payments in Lieu of Taxes Act (Canada) or under any Act of Canada that permits a payment to be made by a government or a government agency in lieu of taxes on real property, iii. the total of the amounts, if any, distributed to the board in the fiscal year under subsection 2 (3) of Ontario Regulation 365/98, and iv. the total of the amounts, if any, paid to the board in the fiscal year under clause 3 (1) (a) of Ontario Regulation 366/98. 1.1 Calculate the difference between the following amounts and deduct the difference if the amount described in subparagraph i is less than the amount described in subparagraph ii or add the difference if the amount described in subparagraph i is more than the amount described in subparagraph ii: i. The sum of the amounts that were determined under subparagraphs 1 ii, iii.1, v, v.1, v.2, viii, x and xii of subsection 45 (3) of Ontario Regulation 156/02 for the purposes of calculating the amount payable to the board as legislative grant in respect of the 2002-2003 fiscal year. ii. The sum of the amounts that would have been determined under subparagraphs 1 ii, iii.1, v, v.1, v.2, viii, x and xii of subsection 45 (3) of Ontario Regulation 156/02 if those amounts had been determined on the basis of the board’s annual financial statements as reported to the Ministry for the 2002-2003 fiscal year. 2. If the board is required to levy taxes for school purposes in respect of property in territory without municipal organization, deduct the sum of, i. 0.76 per cent of the total of the amount of those taxes levied for school purposes for the 2003 calendar year and the amount of the tax imposed by section 21.1 of the Provincial Land Tax Act that is levied by the board for that year, and ii. 1.24 per cent of the total of the taxes described in subparagraph i that are levied by the board for the 2004 calendar year. 3. Deduct the costs for which the board is responsible under the Act or the Municipal Elections Act, 1996 that are incurred in the fiscal year to conduct elections of members in territory without municipal organization that is deemed to be a district municipality for the purposes of clause 257.12 (3) (a) of the Act. 4. Deduct the amounts charged to the board in the 2003 calendar year by a municipal council under section 353 of the Municipal Act, 2001, including amounts charged under that section as a result of private legislation. 5. Deduct the total of the amounts rebated, paid or credited by the board under section 257.2.1 of the Act in the fiscal year. 6. Deduct 38 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) to (15) and (17) to (19) and 365.2 (8) of the Municipal Act, 2001. 7. Deduct 62 per cent of the total of the amounts, if any, paid by the board in respect of the 2004 calendar year under subsections 361 (7), 364 (11) 365 (3), 365.1 (13) to (15) and (17) to (19) and 365.2 (8) of the Municipal Act, 2001. O. Reg. 139/03, s. 46 (3); O. Reg. 139/04, s. 9. (4) Amounts, if any, paid by the Minister to the board in respect of the 2003 calendar year under section 257.10.1 or 257.11 of the Act are deemed to be amounts distributed to the board in respect of the 2003 calendar year under a provision of the Act referred to in subparagraph 1 i of subsection (3). O. Reg. 139/03, s. 46 (4). (5) Amounts, if any, paid by the Minister to the board in respect of the 2004 calendar year under section 257.10.1 or 257.11 of the Act are deemed to be amounts distributed to the board in respect of the 2004 calendar year under a provision of the Act referred to in subparagraph 1 ii of subsection (3). O. Reg. 139/03, s. 46 (5). (6) Paragraph 2 of subsection (3) shall not be interpreted to preclude including in the board’s approved expenditure an amount on account of the costs incurred by the board in collecting taxes in territory without municipal organization, if those costs exceed the amount deducted under paragraph 2 of subsection (3). O. Reg. 139/03, s. 46 (6). (7) If the approved expenditure of an isolate board exceeds its 2003-2004 tax revenue, the board is paid a grant equal to the excess. O. Reg. 139/03, s. 46 (7).