Pupil accommodation allocation
37. (1) The amount of the pupil accommodation allocation for a district school board for the fiscal year is the total of the amounts specified in subsection (2). O. Reg. 145/04, s. 37 (1). (2) The amounts mentioned in subsection (1) are the following: 1. The amount for school operations. 2. The amount for school renewal. 3. The amount for new pupil places. 4. The amount for outstanding capital commitments. O. Reg. 145/04, s. 37 (2). (3) The amount for the board for the fiscal year for school operations is determined as follows: 1. Determine the 2004-2005 day school average daily enrolment of elementary school pupils of the board. 2. Multiply the number determined under paragraph 1 by the benchmark area requirement per pupil of 9.29 metres squared to obtain the elementary school area requirement for the board. 3. Determine the adjusted elementary school area requirement for the board in metres squared by applying, to the amount determined under paragraph 2, the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5). 4. Determine the day school average daily enrolment for the board for the 2004-2005 fiscal year, in accordance with section 2 of the 2004-2005 day school A.D.E. regulation, counting only pupils who are at least 21 years of age on December 31, 2004. 5. Determine the continuing education average daily enrolment for the board for the 2004-2005 fiscal year, in accordance with section 3 of the 2004-2005 A.D.E. regulation, counting only pupils enrolled in a course for which the pupil may earn a credit and in which instruction is given between 8 a.m. and 5 p.m. and excluding, i. pupils enrolled in a continuing education course delivered primarily through means other than classroom instruction, ii. pupils to whom subsection 49 (6) of the Act applies, and iii. pupils in respect of whom the board charges a fee under subsection 8 (4) of the 2004-2005 fees regulation. 6. Determine the summer school average daily enrolment for the board for the fiscal year, in accordance with section 4 of the 2004-2005 A.D.E. regulation, excluding, i. pupils to whom subsection 49 (6) of the Act applies, and ii. pupils in respect of whom the board charges a fee under subsection 8 (5) of the 2004-2005 fees regulation. 7. Take the number calculated in respect of the board under paragraph 18 of section 35. 8. Add the numbers determined under paragraphs 4, 5, 6 and 7. 9. Multiply the total determined under paragraph 8 by the benchmark area requirement per pupil of 9.29 metres squared, to obtain the continuing education and other programs area requirement for the board. 10. Determine the adjusted continuing education and other programs area requirement for the board in metres squared by applying, to the amount determined under paragraph 9, the supplementary continuing education and other programs area factor approved for the board by the Minister in accordance with subsection (6). 11. Determine the 2004-2005 day school average daily enrolment of secondary school pupils of the board. 12. Multiply the number determined under paragraph 11 by the benchmark area requirement per pupil of 12.07 metres squared to obtain the secondary school area requirement for the board. 13. Determine the adjusted secondary school area requirement for the board in metres squared by applying, to the amount determined under paragraph 12, the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8). 14. Obtain the adjusted total area requirement for the board in metres squared by adding the following amounts: i. The adjusted elementary school area requirement for the board determined under paragraph 3. ii. The adjusted continuing education and other programs area requirement for the board determined under paragraph 10. iii. The adjusted secondary school area requirement for the board determined under paragraph 13. 15. Multiply the number obtained under paragraph 14 by the benchmark operating cost of $61.61 per metre squared. 16. For each elementary school of the board, calculate a top-up amount for school operations as follows: i. Determine the 2004-2005 enrolment. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (44). However, the capacity of a school for which the number determined under subparagraph i is zero is deemed, for the purposes of this paragraph, to be zero. iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 9.29 metres squared. iv. Multiply the number determined under subparagraph iii by the benchmark operating cost of $61.61 per metre squared. v. Multiply the number determined under subparagraph iv by the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5). vi. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 9.29 metres squared. vii. Multiply the number determined under subparagraph vi by the benchmark operating cost of $61.61 per metre squared. viii. Multiply the number determined under subparagraph vii by the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5). ix. Multiply the number determined under subparagraph viii by 0.2. x. Subtract the number determined under subparagraph v from the number determined under subparagraph viii. xi. Take the lesser of the number determined under subparagraph ix and the number determined under subparagraph x to obtain the top-up amount for school operations for the elementary school. However, if the number determined under subparagraph x is zero or a negative number or if the number determined under subparagraph i is zero, the top-up amount for school operations for the elementary school is zero. 17. Total the top-up amounts determined under paragraph 16 for each elementary school of the board. 18. Total the amounts that were determined for each elementary school of the board under paragraph 15 of subsection 37 (3) of the 2003-2004 grant regulation. 19. Subtract the amount determined under paragraph 18 from the amount that was determined in respect of the board under paragraph 16.2 of subsection 37 (3) of the 2003-2004 grant regulation. 20. For each secondary school of the board, calculate a top-up amount for school operations as follows: i. Determine the 2004-2005 enrolment. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (44). However, the capacity of a school for which the number determined under subparagraph i is zero is deemed, for the purposes of this paragraph, to be zero. iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 12.07 metres squared. iv. Multiply the number determined under subparagraph iii by the benchmark operating cost of $61.61 per metre squared. v. Multiply the number determined under subparagraph iv by the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8). vi. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 12.07 metres squared. vii. Multiply the number determined under subparagraph vi by the benchmark operating cost of $61.61 per metre squared. viii. Multiply the number determined under subparagraph vii by the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8). ix. Multiply the number determined under subparagraph viii by 0.2. x. Subtract the number determined under subparagraph v from the number determined under subparagraph viii. xi. Take the lesser of the number determined under subparagraph ix and the number determined under subparagraph x to obtain the top-up amount for school operations for the secondary school. However, if the number determined under subparagraph x is zero or a negative number or if the number determined under subparagraph i is zero, the top-up amount for school operations for the secondary school is zero. 21. Total the top-up amounts for school operations determined under paragraph 20 for each secondary school of the board. 22. Total the amounts that were determined for each secondary school of the board under paragraph 17 of subsection 37 (3) of the 2003-2004 grant regulation. 23. Subtract the amount determined under paragraph 22 from the amount that was determined in respect of the board under paragraph 18.2 of subsection 37 (3) of the 2003-2004 grant regulation. 24. Take the lesser of, i. the amount for renewal software licensing fees set out in Column 2 of Table 8 opposite the name of the board, and ii. the board’s expenditure for renewal software licensing fees as reported to the Ministry in the board’s annual financial statements for the school board fiscal year. 24.1 Take the community use of schools compensation amount set out in Column 2 of Table 18 opposite the name of the board. 25. Total the amounts determined under paragraphs 15, 17, 19, 21, 23, 24 and 24.1 to obtain the amount for the board for school operations. O. Reg. 145/04, s. 37 (3); O. Reg. 211/04, s. 1. (4) For the purposes of paragraph 3 of subsection (3), the Minister shall approve a supplementary elementary school area factor for a board that the Minister considers appropriate in order to make allowance for any disproportionate space needs that are particular to the board and that are caused by, (a) the fact that the board is operating a school that can reasonably be considered to be too large for the community it serves, whether because of declining enrolment or for some other reason; (b) the fact that the board is operating a school in a building, the physical characteristics of which can reasonably be considered to be neither compatible with nor easily modified to conform to the benchmark area requirements referred to in subsection (3); (c) the fact that the board has disproportionately high space requirements because the board serves a disproportionately high number of pupils in special education programs or in other education programs with high space requirements; or (d) other circumstances approved by the Minister. O. Reg. 145/04, s. 37 (4). (5) In determining an amount for the purposes of subsection (4), the Minister shall have regard to the effect of the circumstances referred to in clauses (4) (a) to (d) on the board’s space needs. O. Reg. 145/04, s. 37 (5). (6) Subject to subsection (7), subsections (4) and (5) apply with necessary modifications to require the Minister to approve a supplementary continuing education and other programs area factor for a board and, for that purpose, a reference to elementary school area is deemed to be a reference to continuing education and other programs area. O. Reg. 145/04, s. 37 (6). (7) The Minister shall not approve a factor for a board under subsection (6) that is greater than the factor approved for the board under subsection (8). O. Reg. 145/04, s. 37 (1). O. Reg. 145/04, s. 37 (7). (8) Subsections (4) and (5) apply with necessary modifications to require the Minister to approve a supplementary secondary school area factor for a board and, for that purpose, a reference to elementary school area is deemed to be a reference to secondary school area. O. Reg. 145/04, s. 37 (8). (9) The amount for the board for school renewal is determined as follows: 1. Take the percentage of the total elementary school area of the board that relates to buildings that are less than 20 years old, as set out in Column 2 of Table 9 opposite the name of the board. 2. Apply the percentage referred to in paragraph 1 to the benchmark renewal cost per metre squared of $7.03. 3. Take the percentage of the total elementary school area of the board that relates to buildings that are 20 years old or older, as set out in Column 3 of Table 9 opposite the name of the board. 4. Apply the percentage referred to in paragraph 3 to the benchmark renewal cost per metre squared of $10.54. 5. Add the amounts obtained under paragraphs 2 and 4, to obtain a weighted average benchmark elementary school renewal cost per metre squared. 6. Multiply the amount obtained under paragraph 5 by the adjusted elementary school area requirement for the board determined under paragraph 3 of subsection (3). 7. Take the percentage of the total secondary school area of the board that relates to buildings that are less than 20 years old, set out in Column 4 of Table 9 opposite the name of the board. 8. Apply the percentage referred to in paragraph 7 to the benchmark renewal cost per metre squared of $7.03. 9. Take the percentage of the total secondary school area of the board that relates to buildings that are 20 years old or older, as set out in Column 5 of Table 9 opposite the name of the board. 10. Apply the percentage referred to in paragraph 9 to the benchmark renewal cost per metre squared of $10.54. 11. Add the amounts obtained under paragraphs 8 and 10, to obtain a weighted average benchmark secondary school renewal cost per metre squared. 12. Multiply the amount obtained under paragraph 11 by the adjusted secondary school area requirement for the board determined under paragraph 13 of subsection (3). 13. Multiply the amount obtained under paragraph 11 by the adjusted continuing education and other programs area requirement for the board determined under paragraph 10 of subsection (3). 14. For each elementary school of the board, calculate a top-up amount for school renewal as follows: i. Determine the 2004-2005 enrolment. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (44). However, the capacity of a school for which the number determined under subparagraph i is zero is deemed, for the purposes of this paragraph, to be zero. iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 9.29 metres squared. iv. Multiply the number determined under subparagraph iii by the weighted average benchmark elementary school renewal cost per metre squared, as determined for the board under paragraph 5. v. Multiply the number determined under subparagraph iv by the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5). vi. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 9.29 metres squared. vii. Multiply the number determined under subparagraph vi by the weighted average benchmark elementary school renewal cost per metre squared, as determined for the board under paragraph 5. viii. Multiply the number determined under subparagraph vii by the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5). ix. Multiply the number determined under subparagraph viii by 0.2. x. Subtract the number determined under subparagraph v from the number determined under subparagraph viii. xi. Take the lesser of the number determined under subparagraph ix and the number determined under subparagraph x to obtain the top-up amount for school renewal for the elementary school. However, if the number determined under subparagraph x is zero or a negative number or if the number determined under subparagraph i is zero, the top-up amount for school renewal for the elementary school is zero. 15. Total the top-up amounts for school renewal determined under paragraph 14 for each elementary school of the board. 16. Total the amounts that were determined for each elementary school of the board under paragraph 14 of subsection 37 (9) of the 2003-2004 grant regulation. 17. Subtract the amount determined under paragraph 16 from the amount that was determined in respect of the board under paragraph 15 of subsection 37 (9) of the 2003-2004 grant regulation. 18. For each secondary school of the board, calculate a top-up amount for school renewal as follows: i. Determine the 2004-2005 enrolment. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (44). However, the capacity of a school for which the number determined under subparagraph i is zero is deemed, for the purposes of this paragraph, to be zero. iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 12.07 metres squared. iv. Multiply the number determined under subparagraph iii by the weighted average benchmark secondary school renewal cost per metre squared, as determined for the board under paragraph 11. v. Multiply the number determined under subparagraph iv by the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8). vi. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 12.07 metres squared. vii. Multiply the number determined under subparagraph vi by the weighted average benchmark secondary school renewal cost per metre squared, as determined for the board under paragraph 11. viii. Multiply the number determined under subparagraph vii by the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8). ix. Multiply the number determined under subparagraph viii by 0.2. x. Subtract the number determined under subparagraph v from the number determined under subparagraph viii. xi. Take the lesser of the number determined under subparagraph ix and the number determined under subparagraph x to obtain the top-up amount for school renewal for the secondary school. However, if the number determined under subparagraph x is zero or a negative number or if the number determined under subparagraph i is zero, the top-up amount for school renewal for the secondary school is zero. 19. Total the top-up amounts for school renewal determined under paragraph 18 for each secondary school of the board. 20. Total the amounts that were determined for each secondary school of the board under paragraph 16 of subsection 37 (9) of the 2003-2004 grant regulation. 21. Subtract the amount determined under paragraph 20 from the amount that was determined in respect of the board under paragraph 17 of subsection 37 (9) of the 2003-2004 grant regulation. 22. Take the amount for school renewal enhancement set out opposite the name of the board in Table 10. 23. Take the amount for energy retrofitting set out opposite the name of the board in Table 11. 24. Total the amounts determined under paragraphs 6, 12, 13, 15, 17, 19, 21, 22 and 23 to obtain the amount for the board for school renewal. O. Reg. 145/04, s. 37 (9); O. Reg. 397/05, s. 1 (1, 2). (10) The amount for the board for the fiscal year for new pupil places is determined as follows: 1. Determine the 2004-2005 day school average daily enrolment of elementary school pupils of the board. 2. Subtract the elementary capacity for the board as determined under subsection (15) from the number determined under paragraph 1. If the difference is negative, the number determined under this paragraph is zero. 3. Add to the number determined under paragraph 2 the sum of the numbers, if any, each of which is the number of the board’s new pupil places to meet elementary enrolment pressures as calculated for the purposes of determining the amount for the board for new pupil places for a prior school board fiscal year. 4. Add to the number determined under paragraph 3 the sum of the numbers of new elementary pupil places for the capital transitional adjustment set out in Column 4 of Table 12 opposite the name of the board. 5. Add to the number determined under paragraph 4 the number, if any, of the board's new pupil places in respect of its elementary schools for which the cost of repair is prohibitive as calculated for the purposes of determining the amount for the board for new pupil places for a prior school board fiscal year. 6. If the number determined under paragraph 2 is zero, add to the number determined under paragraph 5 the number, if any, of the board’s new pupil places to meet elementary enrolment pressures as determined under subsection (11). 7. Take the number of new pupil places for elementary school pupils that the board reports, by August 31, 2004, were constructed by September 30, 2003 and financed in whole or in part with amounts calculated for the board under a predecessor of this subsection. For the purpose, a new pupil place shall be determined by the board in accordance with the Instruction Guide, dated 2002 and available electronically through the public access link at sfis.edu.gov.on.ca and in hard copy from the offices of the Education Finance Branch of the Ministry of Education, Mowat Block, 900 Bay Street, 21st Floor, Toronto, Ontario, M7A 1L2. The board shall make the report on a form approved by the Minister. 8. Subtract the number determined under paragraph 7 from the number determined under paragraph 5 or 6, as the case may be. If the difference is a negative number, the number determined under this paragraph is zero. 9. Multiply the amount determined under paragraph 8 by the benchmark area requirement per pupil of 9.29 metres squared. 10. Multiply the product determined under paragraph 9 by the benchmark construction cost of $120.77 per metre squared. 11. Subtract the number determined in respect of the board under paragraph 3.2 of subsection 37 (10) of the 2003-2004 grant regulation from the number determined in respect of the board under paragraph 2 of that subsection of that regulation. If the difference is negative, the number determined under this paragraph is zero. 12. Add the number determined under paragraph 11 to the number of elementary school pupil places that the board reports under paragraph 7. 13. Multiply the number determined under paragraph 12 by the benchmark area requirement per pupil of 9.29 metres squared. 14. Multiply the product determined under paragraph 13 by the pre-September, 2004 benchmark construction cost of $118.40 per metre squared. 15. Add the products determined under paragraphs 10 and 14. 16. Multiply the sum determined under paragraph 15 by the geographic adjustment factor specified for the board in Table 13. 17. Determine the 2004-2005 day school average daily enrolment of secondary school pupils of the board. 18. Subtract the secondary capacity for the board, in terms of pupil places, as determined under subsection (15), from the number determined under paragraph 17. If the difference is negative, the number determined under this paragraph is zero. 19. Add to the number determined under paragraph 18 the sum of all numbers, if any, each of which is the number of the board's new pupil places to meet secondary enrolment pressures for a secondary school of the board, as calculated for the purposes of determining the amount for the board for new pupil places for a prior school board fiscal year. 20. Add to the sum determined under paragraph 19 the sum of the numbers of new secondary pupil places for the capital transitional adjustment set out in Column 5 of Table 12, opposite the name of the board. 21. Add to the number determined under paragraph 20 the number, if any, of the board's new pupil places in respect of its secondary schools for which the cost of repair is prohibitive as calculated for the purposes of determining the amount for the board for new pupil places for a prior school board fiscal year. 22. If the number determined under paragraph 18 is zero, add to the number determined under paragraph 21 the number, if any, of the board’s new pupil places to meet secondary enrolment pressures as determined under subsection (13). 23. Take the number of new pupil places for secondary school pupils that the board reports, by August 31, 2004, as having been constructed by September 30, 2003 and financed in whole or in part with amounts calculated for the board under a predecessor of this subsection. For the purpose, a new pupil place shall be determined by the board in accordance with the Instruction Guide, dated 2002 and available electronically through the public access link at sfis.edu.gov.on.ca and in hard copy at the offices of the Education Finance Branch of the Ministry of Education, Mowat Block, 900 Bay Street, 21st Floor, Toronto, Ontario, M7A 1L2. The board shall make the report on a form approved by the Minister. 24. Subtract the number determined under paragraph 23 from the number determined under paragraph 21 or 22, as the case may be. If the difference is a negative number, the number determined under this paragraph is zero. 25. Multiply the amount determined under paragraph 24 by the benchmark area requirement per pupil of 12.07 metres squared. 26. Multiply the product determined under paragraph 25 by the benchmark construction cost of $131.75 per metre squared. 27. Subtract the number determined in respect of the board under paragraph 18.2 of subsection 37 (10) of the 2003-2004 grant regulation from the number determined in respect of the board under paragraph 17 of that subsection of that regulation. If the difference is negative, the number determined under this paragraph is zero. 28. Add the number determined under paragraph 27 to the number of elementary school pupil places that the board reports under paragraph 23. 29. Multiply the number determined under paragraph 28 by the benchmark area requirement per pupil of 12.07 metres squared. 30. Multiply the product determined under paragraph 29 by the pre-September, 2004 benchmark construction cost of $129.17 per metre squared. 31. Add the products determined under paragraphs 26 and 30. 32. Multiply the sum determined under paragraph 31 by the geographic adjustment factor specified for the board in Table 13. 33. Add the products obtained under paragraphs 16 and 32. 34. Take the lesser of the amount determined under paragraph 33 and $20 million. 35. If the board reports, by August 31, 2004, in a form specified by the Minister, that it has begun construction on projects with a total value of $200 million or more that are financed in whole or in part with amounts calculated for the board under this subsection or a predecessor of this subsection, calculate an amount as follows: i. Subtract $20 million from the amount determined under subsection 37 (10) of the 2003-2004 grant regulation if no amount was added under paragraph 34 of that subsection in respect of the board. If the difference is a negative number, the number determined under this subparagraph is zero. ii. Subtract $20 million from the amount determined under subsection 36 (10) of Ontario Regulation 156/02 if no amount was added under paragraph 26 of that subsection in respect of the board. If the difference is a negative number, the number determined under this subparagraph is zero. iii. 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 that subsection in respect of the board. If the difference is a negative number, the number determined under this subparagraph is zero. iv. 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 that subsection in respect of the board. If the difference is a negative number, the number determined under this subparagraph is zero. v. Subtract $20 million from the amount determined under subsection 38 (11) of Ontario Regulation 214/99 as that regulation read immediately before it was revoked by Ontario Regulation 391/05 made under the Act. If the difference is a negative number, the number determined under this subparagraph is zero. vi. Subtract $20 million from the amount determined in paragraph 10 of subsection 37 (8) of Ontario Regulation 287/98 as that regulation read immediately before it was revoked by Ontario Regulation 223/04 made under the Act. If the difference is a negative number, the number determined under this subparagraph is zero. vii. Add the amounts determined under subparagraphs i, ii, iii, iv, v and vi. viii. Divide the sum determined under subparagraph vii by $11,696 and round the quotient to one decimal place. ix. Multiply the amount determined under subparagraph viii by the benchmark area requirement per pupil of 9.29 metres squared. x. Multiply the product determined under subparagraph ix by the pre-September, 2004 benchmark construction cost of $118.40 per metre squared. xi. Subtract $20 million from the sum obtained under paragraph 33. If the difference is a negative number, the number determined under this subparagraph is zero. xii. Add the product obtained under subparagraph x to the difference obtained under subparagraph xi. 36. Add to the amount taken under paragraph 34 the amount, if any, calculated under paragraph 35 to obtain the amount for the board for new pupil places. O. Reg. 145/04, s. 37 (10); O. Reg. 229/04, s. 1; O. Reg. 397/05, s. 1 (3). (11) The number, if any, of the board’s new pupil places to meet elementary enrolment pressures is the sum of the numbers calculated under subsection (12) for each elementary school of the board in respect of which the conditions in the following paragraphs are satisfied: 1. The 2003-2004 enrolment of the school exceeded by at least 100 the sum of, i. the 2003-2004 reported capacity of the school, and ii. the number of the board’s new pupil places to meet the elementary enrolment pressure for the school calculated under subsection 37 (12) of the 2003-2004 grant regulation. 2. The 2002-2003 enrolment of the school exceeded by at least 100 the sum of, i. the 2002-2003 reported capacity of the school, and ii. the number of the board’s new pupil places to meet the elementary enrolment pressure for the school calculated under subsection 36 (12) of Ontario Regulation 156/02. 3. The number of the board’s new pupil places to meet the elementary enrolment pressure that would be determined for the school under subsection (12) exceeds the amount calculated using the formula, A – B in which, “A” is the sum of the 2003-2004 reported capacities of all other elementary schools of the board, excluding schools listed in Table 10 of the 2003-2004 grant regulation, located not more than eight kilometres by road from the school and the total of all amounts calculated under subsection 37 (12) of the 2003-2004 grant regulation in respect of those other schools, and “B” is the sum of the 2003-2004 enrolment of the other schools referred to in “A”. 4. The school is not listed in Table 10 of Ontario Regulation 156/02 or in Table 10 of the 2003-2004 grant regulation. O. Reg. 145/04, s. 37 (11). (12) The number of the board’s new pupil places to meet the elementary enrolment pressure for each elementary school is the average of, (a) the amount by which the 2003-2004 enrolment of the school exceeds the sum of, (i) the 2003-2004 reported capacity of the school, and (ii) the number of the board’s new pupil places to meet the elementary enrolment pressure for the school calculated under subsection 37 (12) of the 2003-2004 grant regulation; and (b) the amount by which the 2002-2003 enrolment of the school exceeded the sum of, (i) the 2002-2003 reported capacity of the school, and (ii) the number of the board’s new pupil places to meet the elementary enrolment pressure for the school calculated under subsection 36 (12) of Ontario Regulation 156/02. O. Reg. 145/04, s. 37 (12). (13) The number, if any, of the board’s new pupil places to meet secondary enrolment pressures is the sum of the numbers calculated under subsection (14) for each secondary school of the board in respect of which the conditions in the following paragraphs are satisfied: 1. The 2003-2004 enrolment of the school exceeded by at least 100 the sum of, i. the 2003-2004 reported capacity of the school, and ii. the number of the board’s new pupil places to meet the secondary enrolment pressure for the school calculated under subsection 37 (14) of the 2003-2004 grant regulation. 2. The 2002-2003 enrolment of the school exceeded by at least 100 the sum of, i. the 2002-2003 reported capacity of the school, and ii. the number of the board’s new pupil places to meet the secondary enrolment pressure for the school calculated under subsection 36 (14) of Ontario Regulation 156/02. 3. The number of the board’s new pupil places to meet the secondary enrolment pressure that would be determined for the school under subsection (14) exceeds the amount calculated using the formula, A – B in which, “A” is the sum of the 2003-2004 reported capacities of all other secondary schools of the board, excluding schools listed in Table 10 of the 2003-2004 grant regulation, located not more than 32 kilometres by road from the school and the total of all amounts calculated under subsection 37 (14) of the 2003-2004 grant regulation in respect of those other schools, and “B” is the sum of the 2003-2004 enrolment of the other schools referred to in “A”. 4. The school is not listed in Table 10 of Ontario Regulation 156/02 or in Table 10 of the 2003-2004 grant regulation. O. Reg. 145/04, s. 37 (13). (14) The number of the board’s new pupil places to meet the secondary enrolment pressure for each secondary school is the average of, (a) the amount by which the 2003-2004 enrolment of the school exceeded the sum of, (i) the 2003-2004 reported capacity of the school, and (ii) the number of the board’s new pupil places to meet the secondary enrolment pressure for the school calculated under subsection 37 (14) of the 2003-2004 grant regulation; and (b) the amount by which the 2002-2003 enrolment of the school exceeded the sum of, (i) the 2002-2003 reported capacity of the school, and (ii) the number of the board’s new pupil places to meet the secondary enrolment pressure for the school calculated under subsection 36 (14) of Ontario Regulation 156/02. O. Reg. 145/04, s. 37 (14). (15) For the purposes of paragraphs 2 and 18 of subsection (10), the elementary capacity and secondary capacity for the board are, respectively, the elementary capacity and secondary capacity determined for the board under the 2003-2004 grant regulation subject to the following adjustments: 1. If applicable, adjust the elementary capacity or secondary capacity determined for the board under the 2003-2004 grant regulation in accordance with subsection (17). 2. If applicable, adjust the result determined under paragraph 1 in accordance with subsections (19), (20), (22), (23), (27), (28), (30), (31), (33) to (38), (40) and (42). O. Reg. 145/04, s. 37 (15). (16) The Minister shall determine loadings and categories of instructional space as follows: 1. The Minister shall identify categories of instructional space for all elementary facilities and secondary facilities of the board. In identifying categories of instructional space, the Minister shall use the categories identified in the Report of the Pupil Accommodation Review Committee, dated August, 1998, which Report was released by the Ministry to school boards in September of 1998 and is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education, Mowat Block, 900 Bay Street, 21st Floor, Toronto, Ontario, M7A 1L2. Where the Report does not include an appropriate category for an instructional space, the Minister shall identify the category of that space in a manner that is consistent with the categorizations in the Report. 2. The Minister shall assign a loading to each category of instructional space identified under paragraph 1, based on the number of pupils that can reasonably be accommodated in each category of instructional space. In determining the number, the Minister shall consider the physical characteristics of the category of instructional space and the class size requirements under the Act. O. Reg. 145/04, s. 37 (16). (17) The Minister shall make such adjustments under paragraph 1 of subsection (15) as the Minister considers appropriate to take account of funds received by one board from another board in connection with a determination made under Ontario Regulation 460/97 respecting the disposition of an asset of an old board other than, (a) a board of education within the meaning of Part VIII of the Municipality of Metropolitan Toronto Act as it read immediately before it was repealed; and (b) the Metropolitan Toronto French-Language School Council. O. Reg. 145/04, s. 37 (17). (18) Subsection (19) or (20) applies in relation to an elementary facility or secondary facility of a board if, in the 2003 calendar year, the board, (a) issued a proposal under Ontario Regulation 444/98 to dispose of the facility at no cost to the Ontario Realty Corporation or to a board; or (b) notified the Minister in writing that the facility will be disposed of in accordance with an order of the former Education Improvement Commission under Ontario Regulation 460/97. O. Reg. 145/04, s. 37 (18). (19) The elementary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each elementary facility of the board to which this subsection applies, apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Total the amounts determined under paragraph 1 for elementary facilities of the board. 3. Subtract the total determined under paragraph 2 from the elementary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (19). (20) The secondary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each secondary facility of the board to which this subsection applies, apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Total the amounts determined under paragraph 1 for secondary facilities of the board. 3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (20). (21) Subsection (22) or (23) applies in relation to an elementary facility or secondary facility of the board if, (a) the facility is acquired by the board as a result of a proposal issued by another board in the 2003 calendar year under Ontario Regulation 444/98 to dispose of the facility at no cost; and (b) subsections (27) and (28) do not apply to the facility. O. Reg. 145/04, s. 37 (21). (22) The elementary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each elementary facility of the board to which this subsection applies, apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Total the amounts determined under paragraph 1 for the elementary facilities of the board. 3. Add the total determined under paragraph 2 to the elementary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (22). (23) The secondary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each secondary facility of the board to which this subsection applies, apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Total the amounts determined under paragraph 1 for the secondary facilities of the board. 3. Add the total determined under paragraph 2 to the secondary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (23). (24) Subsection (27) or (28) applies in relation to an elementary facility or secondary facility of the board if all of the following conditions are satisfied: 1. The facility is acquired by the board as a result of a proposal issued by another board in the 2003 calendar year under Ontario Regulation 444/98 to dispose of the facility at no cost. 2. Within 30 days after offering to acquire the facility at no cost, the board notifies the Minister in writing of the offer and provides such information and material as the Minister may require to verify that the acquisition of the facility, i. is consistent with the long-term accommodation plan of the board, ii. would benefit the pupils of the board, iii. would result in more effective use of public assets, and iv. would reduce the need of the board for the construction of new school facilities. O. Reg. 145/04, s. 37 (24). (25) Subsection (27) 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 12 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. O. Reg. 145/04, s. 37 (25). (26) Subsection (28) 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 12 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. O. Reg. 145/04, s. 37 (26). (27) The elementary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each elementary school to which this subsection applies, apply the loadings determined under subsection (16) to the instructional spaces of the school, as categorized under subsection (16). 2. Determine the 2004-2005 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that school. 3. Take the lesser of the amounts determined for the school under paragraphs 1 and 2. 4. Total the amounts determined under paragraph 3 for each of the elementary schools to which this subsection applies. 5. Add the total determined under paragraph 4 to the elementary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (27). (28) The secondary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each secondary school to which this subsection applies, apply the loadings determined under subsection (16) to the instructional spaces of the school, as categorized under subsection (16). 2. Determine the 2004-2005 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that school. 3. Take the lesser of the amounts determined for the school under paragraphs 1 and 2. 4. Total the amounts determined under paragraph 3 for each of the secondary schools to which this subsection applies. 5. Add the total determined under paragraph 4 to the secondary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (28). (29) Subsection (30) or (31) applies in relation to an elementary facility or secondary facility of a board if, (a) in the 2003 calendar year, the board agreed with another board to dispose of the elementary facility or secondary facility of the board to the other board, in consideration for the conveyance to it of an elementary facility or secondary facility of the other board; (b) the agreement referred to in clause (a) was not an agreement that implemented an order of the Education Improvement Commission; and (c) before the agreement referred to in clause (a) was entered into, the Minister indicated in writing that, in his or her opinion, the transfer provided for by the agreement, (i) is consistent with the long-term accommodation plans of both boards, (ii) would benefit pupils of both boards, (iii) would result in more effective use of public assets, and (iv) would reduce the needs of both boards for the construction of new school facilities. O. Reg. 145/04, s. 37 (29). (30) The elementary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each elementary facility of the board to which this subsection applies, apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Total the amounts determined under paragraph 1 for elementary facilities of the board. 3. Subtract the total determined under paragraph 2 from the elementary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (30). (31) The secondary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each secondary facility of the board to which this subsection applies, apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Total the amounts determined under paragraph 1 for secondary facilities of the board. 3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (31). (32) Subsection (33) or (34) applies in relation to an elementary facility or secondary facility of a board acquired in the circumstances described in subsection (29). O. Reg. 145/04, s. 37 (32). (33) The elementary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each elementary facility of the board acquired in the circumstances described in subsection (29), apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Determine the 2004-2005 enrolment for the facility, if any. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for elementary facilities of the board. 5. Subtract the total determined under paragraph 4 from the elementary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (33). (34) The secondary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each secondary facility of the board acquired in the circumstances described in subsection (29), apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Determine the 2004-2005 enrolment for the facility, if any. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for secondary facilities of the board. 5. Subtract the total determined under paragraph 4 from the secondary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (34). (35) If the board has an elementary facility that it acquired after December 31, 1998 and before the start of the fiscal year in circumstances described in subsection (29), the elementary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each elementary facility acquired, apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Determine the 2004-2005 enrolment for the facility, if any. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for each of the elementary facilities acquired. 5. Subtract the amount determined under paragraph 4 from the total of the amounts determined for the board under the provisions comparable to this subsection in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. 6. Add the difference determined under paragraph 5 to the elementary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (35). (36) If the board has a secondary facility that it acquired after December 31, 1998 and before the start of the fiscal year in circumstances described in subsection (29), the secondary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each secondary facility acquired, apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Determine the 2004-2005 enrolment for the facility, if any. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for each of the secondary facilities acquired. 5. Subtract the amount determined under paragraph 4 from the total of the amounts determined for the board under the provisions comparable to this subsection in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. 6. Add the difference determined under paragraph 5 to the secondary capacity determined for the board under subsection (15). O. Reg. 145/04, s. 37 (36). (37) The elementary capacity determined for the board under subsection (15) is adjusted by adding the number, if any, of new pupil places to meet the elementary enrolment pressures as determined under subsection (11). O. Reg. 145/04, s. 37 (37). (38) The secondary capacity determined for the board under subsection (15) is adjusted by adding the number, if any, of new pupil places to meet the secondary enrolment pressures as determined under subsection (13). O. Reg. 145/04, s. 37 (38). (39) Subsection (40) applies in relation to an elementary facility of the board described in a provision comparable to subsection (24) or (25) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. O. Reg. 145/04, s. 37 (39). (40) The elementary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each elementary facility to which this subsection applies, apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Determine the 2004-2005 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that facility. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1 for that school. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for each of the elementary facilities to which this subsection applies. 5. Subtract the amount determined under paragraph 4 from the total of the amounts determined for previous fiscal years for the board under provisions comparable to subsection (27) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. 6. Add the difference determined under paragraph 5 to the elementary capacity for the board determined under subsection (15). O. Reg. 145/04, s. 37 (40). (41) Subsection (42) applies in relation to a secondary facility of the board described in a provision comparable to subsection (24) or (26) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. O. Reg. 145/04, s. 37 (41). (42) The secondary capacity determined for the board under subsection (15) is adjusted as follows: 1. For each secondary facility to which this subsection applies, apply the loadings determined under subsection (16) to the instructional spaces of the facility, as categorized under subsection (16). 2. Determine the 2004-2005 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that school. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1 for that facility. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for each of the secondary facilities to which this subsection applies. 5. Subtract the amount determined under paragraph 4 from the total of the amounts determined for previous fiscal years for the board under the provisions comparable to subsection (28) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. 6. Add the difference determined under paragraph 5 to the secondary capacity for the board determined under subsection (15). O. Reg. 145/04, s. 37 (42). (43) The amount for the board for outstanding capital commitments is determined as follows: 1. Take the number of elementary school pupil places shown in Column 2 of Table 14, opposite the name of the board. 2. Multiply the number taken under paragraph 1 by the benchmark area requirement per pupil of 9.29 metres squared. 3. Multiply the product obtained under paragraph 2 by the pre-September, 2004 benchmark construction cost of $118.40 per metre squared. 4. Take the number of secondary school pupil places shown in Column 3 of Table 14, opposite the name of the board. 5. Multiply the number taken under paragraph 4 by the benchmark area requirement per pupil of 12.07 metres squared. 6. Multiply the product obtained under paragraph 5 by the benchmark construction cost of $129.17 per metre squared. 7. Add the products obtained under paragraphs 3 and 6. O. Reg. 145/04, s. 37 (43); O. Reg. 397/05, s. 1 (4). (44) For the purposes of paragraphs 16 and 20 of subsection (3) and paragraphs 14 and 18 of subsection (9), the capacity of an elementary school or secondary school is determined by applying the loadings determined under subsection (16) to the instructional spaces of the school, as categorized under subsection (16). O. Reg. 145/04, s. 37 (44). (45) In this section, “2002-2003 enrolment” means, in respect of a school operated by a board, the 2002-2003 day school average daily enrolment of pupils of the board, within the meaning of Ontario Regulation 157/02, counting only pupils enrolled in the school; (“effectif de 2002-2003”) “2002-2003 reported capacity” means, in respect of a school operated by a board, the school capacity as reported in Appendix C to the board’s 2002-2003 financial statements prepared and submitted to the Ministry under the Act; (“capacité d’accueil déclarée pour 2002-2003”) “2003-2004 enrolment” means, in respect of a school operated by a board, the 2003-2004 day school average daily enrolment of pupils of the board, within the meaning of Ontario Regulation 137/03, counting only pupils enrolled in the school; (“effectif de 2003-2004”) “2003-2004 reported capacity” means, in respect of a school operated by a board, the school capacity as reported in Appendix C to the board’s 2003-2004 financial statements prepared and submitted to the Ministry under the Act; (“capacité d’accueil déclarée pour 2003-2004”) “2004-2005 enrolment” means, in respect of a school operated by a board, the 2004-2005 day school average daily enrolment of pupils of the board, counting only pupils enrolled in the school; (“effectif de 2004-2005”) “elementary facility” means a facility that is or was an elementary school of a board; (“établissement élémentaire”) “instructional space” means a space in a school that can reasonably be used for instructional purposes; (“aire d’enseignement”) “secondary facility” means a facility that is or was a secondary school of a board. (“établissement secondaire”) O. Reg. 145/04, s. 37 (45).