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. O. Reg. 151/07, s. 3 (1). (2) The fee 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), 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. O. Reg. 151/07, s. 3 (2). (3) The base fee for an elementary school pupil enrolled in a school operated by a district school board is determined as follows: 1. Take the portion of the pupil foundation allocation determined under paragraph 1 of section 15 of the grant regulation. 2. Determine an amount on account of the school foundation allocation for elementary school pupils, by determining the sum of the following amounts: i. The amounts determined under paragraphs 1 and 2 of subsection 16 (4) of the grant regulation. ii. The amount determined under paragraph 8 of subsection 16 (5) of the grant regulation. iii. The amount determined under paragraph 9 of subsection 16 (6) of the grant regulation. iv. The amount determined under paragraph 4 of subsection 16 (7) of the grant regulation v. The amount determined under subparagraph 2 v of subsection (4). 3. Take the amount of the board’s primary class size allocation for the fiscal year, as determined under section 17 of the grant regulation. 4. Determine an amount on account of the special education allocation for elementary school pupils, as follows: i. Determine the day school A.D.E. for the board, counting only pupils enrolled in junior kindergarten, kindergarten and grades one to three. ii. Multiply the number determined under subparagraph i by $669, to obtain the enrolment-based special education amount for junior kindergarten to grade three. iii. Take the day school A.D.E. for the board, counting only pupils enrolled in any of grades four to eight. iv. Multiply the number determined under subparagraph iii by $515, to obtain the enrolment-based special education amount for grades four to eight. v. Calculate the sum of the approved special equipment claims for elementary school pupils of the board for the fiscal year, as determined under section 20 of the grant regulation. vi. Take the part of the special incidence claim for the board for the fiscal year, as determined under subsection 22 (2) of the grant regulation, that is generated by elementary school pupils of the board. vii. Divide the high needs amount for the board, as determined under section 21 of the grant regulation, by the day school A.D.E. of the board, counting only pupils of the board. viii. Multiply the result obtained under subparagraph vii by the day school A.D.E. of the board, counting only elementary school pupils of the board. ix. Total the amounts obtained under subparagraphs ii, iv, v, vi and viii. 5. 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 of the board for the fiscal year, as determined under section 26 of the grant regulation. ii. Calculate the part of the ESL/ESD amount for the board that is generated by elementary school pupils of the board, as follows: A. Calculate the part of the ESL/ESD amount for the board, as calculated under subsection 27 (1) of the grant regulation, if only elementary school pupils of the board were counted. B. Take the amount set out for the board in Table 2 of the grant regulation opposite the name of the board. C. Divide the amount referred to in sub-subparagraph B by the day school A.D.E. for the board, counting only pupils of the board. D. Multiply the result obtained under sub-subparagraph C by the day school A.D.E. for the board, counting only elementary school pupils of the board. E. Add the amounts calculated under sub-subparagraphs A and D. iii. Add the amount referred to in subparagraph i and the amount determined under subparagraph ii. 6. 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 $662.73 the number of elementary school pupils of the board on October 31, 2007. ii. Divide $187,873 by the day school A.D.E. for the board. iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only 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 30 (2) of the grant regulation. v. Calculate the part of the PDF funding level for the board for the fiscal year, as determined under subsection 30 (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. 7. Determine an amount on account of the First Nation, Métis and Inuit Education supplemental allocation for elementary school pupils as follows: i. Take the Native language amount for elementary school pupils of the board as determined under subsection 31 (2) of the grant regulation. ii. Take the census-based Aboriginal amount determined for the board under subsection 31 (5) of the grant regulation. iii. Divide the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only pupils of the board. iv. Multiply the amount determined under subparagraph iii by the day school A.D.E. for the board, counting only elementary school pupils of the board. v. Total the amounts calculated under subparagraphs i and iv. 8. Determine an amount on account of the learning resources for distant schools allocation for elementary school pupils as follows: i. If the amount determined under paragraph 6 of subsection 32 (1) of the grant regulation is greater than the amount determined under paragraph 11 of that subsection, calculate an amount as follows: A. Add to the amount determined under paragraph 2 of subsection 32 (1) of the grant regulation the total of the amounts, if any, set out in Column 7 of Table 5 of the grant regulation opposite the names of the elementary schools of the board set out in Column 3 of that Table. B. Add to the amount determined under sub-subparagraph A the amount determined under paragraph 14 of subsection 32 (1) of the grant regulation. ii. If the amount determined under paragraph 6 of subsection 32 (1) of the grant regulation is less than or equal to the amount determined under paragraph 11 of that subsection, calculate an amount as follows: A. Take the amount determined under paragraph 8 of subsection 32 (1) of the grant regulation. B. Add to the amount determined under sub-subparagraph A the amount determined under paragraph 14 of subsection 32 (1) of the grant regulation. C. Add to the amount determined under sub-subparagraph B the total of the amounts, if any, set out in Column 7 of Table 5 of the grant regulation opposite the names of the elementary schools of the board set out in Column 3 of that Table where the distance set out in Column 6 of that Table is less than 20 kilometres. D. Add to the amount determined under sub-subparagraph C the amount determined under sub-subparagraph 7 ii G of subsection (4). 9. Determine an amount on account of the remote and rural allocation for elementary school pupils, as follows: i. Divide the amount of the board’s remote and rural allocation for the year, as determined under section 33 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board. ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only elementary school pupils of the board. 9.1 Determine an amount on account of the rural and small community allocation for elementary school pupils, as follows: i. Divide the amount of the board’s rural and small community allocation for the year, if any, as determined under section 33.1 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board. ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only elementary school pupils of the board. 10. Determine an amount on account of the learning opportunities allocation for elementary school pupils, as follows: i. Take the total of, A. the amount determined for the board under paragraph 1 of subsection 34 (1) of the grant regulation, B. the amount determined for the board under paragraph 4 of subsection 34 (4) of the grant regulation, and C. $152,641. ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board. iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only elementary school pupils of the board. iv. Take the total of, A. the amount determined for the board under paragraph 2 of subsection 34 (4) of the grant regulation, and B. the amount determined for the board under paragraph 8 of subsection 34 (4) of the grant regulation. v. Add the amounts determined under subparagraphs iii and iv. 11. Take the amount of the board’s elementary school teacher qualification and experience allocation for the fiscal year, as determined under subsection 36 (12) of the grant regulation. 12. Determine an amount on account of the cost adjustment for non-teachers for elementary school pupils as follows: i. Divide the amount set out in Column 2 of Table 9 of the grant regulation opposite the name of the board in Column 1 by the day school A.D.E. for the board, counting only pupils of the board. ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only elementary school pupils of the board. 13. Determine an amount on account of the administration and governance allocation for elementary school pupils, as follows: i. Subtract the total of the amounts determined under paragraphs 13 and 14 of subsection 38 (2) of the grant regulation from the amount of the board’s administration and governance allocation for the fiscal year, as determined under section 38 of the grant regulation. ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board. iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only elementary school pupils of the board. 14. Determine an amount on account of the program enhancement allocation for elementary school pupils, as follows: i. Take the number of qualifying sole elementary schools of the board within the meaning of subsection 16 (3) of the grant regulation. ii. Multiply the number determined under subparagraph i by $7,500. 15. Determine an amount on account of the school operations part of the pupil accommodation allocation for elementary school pupils by multiplying the benchmark operating cost of $66.48 per metre squared, i. by the adjusted elementary school area requirement for the board determined under paragraph 3 of subsection 41 (1) of the grant regulation, if a supplementary elementary school area factor is approved for the board under that section, or ii. by the elementary school area requirement for the board determined under paragraph 2 of subsection 41 (1) of the grant regulation, if no supplementary elementary school area factor is approved for the board under that section. 16. Take the total of the amounts determined in respect of the board under paragraphs 17, 22, 26 and 29 of subsection 41 (1) of the grant regulation. 17. Determine an amount on account of the board’s adjustment for declining enrolment in respect of elementary school pupils by, i. dividing the amount of the board’s adjustment for declining enrolment, if any, as determined under section 53 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board, and ii. multiplying the amount determined under subparagraph i by the day school A.D.E. for the board, counting only elementary school pupils of the board. 18. Total the amounts determined for the board under paragraphs 1 to 17. 19. Divide the amount determined under paragraph 18 by the day school A.D.E. for the board, counting only elementary school pupils of the board. O. Reg. 151/07, s. 3 (3); O. Reg. 504/07, s. 1 (1-7); O. Reg. 347/09, s. 1. (4) The base fee for a secondary school pupil enrolled in a school operated by a district school board is determined as follows: 1. Take the portion of the pupil foundation allocation determined under paragraph 2 of section 15 of the grant regulation. 2. Determine an amount on account of the school foundation allocation for secondary school pupils, as follows: i. Determine the sum of the following amounts: A. The amounts determined under paragraphs 4 and 6 of subsection 16 (4) of the grant regulation. B. The amount determined under paragraph 17 of subsection 16 (5) of the grant regulation. C. The amount determined under paragraph 18 of subsection 16 (6) of the grant regulation. D. The amounts determined under paragraphs 8 and 12 of subsection 16 (7) of the grant regulation. ii. Determine the amount that would be determined under section 16 of the grant regulation as the board’s school foundation allocation 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. iii. Take the day school A.D.E. for the board, counting only elementary school pupils of the board enrolled in schools that are part of a qualifying combined school of the board within the meaning of subsection 16 (3) of the grant regulation. iv. Multiply the amount determined under subparagraph ii by the number determined under subparagraph iii. v. Divide the amount determined under subparagraph iv by the day school A.D.E. for the board, counting only pupils of the board enrolled in schools that are part of a qualifying combined school of the board within the meaning of subsection 16 (3) of the grant regulation. vi. Subtract the amount determined under subparagraph v from the amount determined under subparagraph i. 3. Determine an amount on account of the special education allocation for secondary school pupils, as follows: i. Determine the day school A.D.E. of the board, counting only secondary school pupils of the board. ii. Multiply the number determined under subparagraph i by $340. iii. Calculate the sum of the approved special equipment claims for secondary school pupils of the board for the fiscal year, as determined under section 20 of the grant regulation. iv. Take the part of the special incidence claim for the board for the fiscal year, as determined under subsection 22 (2) of the grant regulation, that is generated by secondary school pupils of the board. v. Divide the high needs amount for the board, as determined under section 21 of the grant regulation, by the day school A.D.E. of the board, counting only pupils of the board. vi. Multiply the result obtained under subparagaph v by the day school A.D.E. of the board, counting only secondary school pupils of the board. vii. Total the amounts obtained under subparagraphs ii, iii, iv 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 of the board for the fiscal year, as determined under section 26 of the grant regulation. ii. Calculate the part of the ESL/ESD amount for the board that is generated by secondary school pupils of the board, as follows: A. Calculate the part of the ESL/ESD amount for the board, as calculated under subsection 27 (1) of the grant regulation, if only secondary school pupils of the board were counted. B. Take the amount set out for the board in Table 2 of the grant regulation opposite the name of the board. C. Divide the amount referred to in sub-subparagraph B by the day school A.D.E. for the board, counting only pupils of the board. D. Multiply the result obtained under sub-subparagraph C by the day school A.D.E. for the board, counting only secondary school pupils of the board. E. Add the amounts calculated under sub-subparagraphs A and D. iii. Add the amount referred to in subparagraph i and the amount determined under subparagraph 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 $752.42 by the day school A.D.E., counting only secondary school pupils of the board. ii. Divide $187,873 by the day school A.D.E. for the board. iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only secondary school pupils of the board. iv. Add $71,438 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 30 (2) of the grant regulation. vi. Calculate the part of the PDF funding level for the board for the fiscal year, as determined under subsection 30 (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 First Nation, Métis and Inuit Education supplemental allocation for secondary school pupils as follows: i. Take the Native language amount for secondary school pupils of the board as determined under subsection 31 (3) of the grant regulation. ii. Take the Native Studies amount determined under subsection 31 (4) of the grant regulation. iii. Take the census-based Aboriginal amount determined for the board under subsection 31 (5) of the grant regulation. iv. Divide the amount determined under subparagraph iii by the day school A.D.E. for the board, counting only pupils of the board. v. Multiply the amount determined under subparagraph iv by the day school A.D.E. for the board, counting only secondary school pupils of the board. vi. Total the amounts calculated under subparagraphs i, ii and v. 7. Determine an amount on account of the learning resources for distant schools allocation for secondary school pupils as follows: i. If the amount determined under paragraph 6 of subsection 32 (1) of the grant regulation is greater than the amount determined under paragraph 11 of that subsection, calculate an amount as follows: A. Add to the amount determined under paragraph 4 of subsection 32 (1) of the grant regulation the total of the amounts, if any, set out in Column 7 of Table 5 of the grant regulation opposite the names of secondary schools of the board set out in Column 4 of that Table. B. Add to the amount determined under sub-subparagraph A the amount determined under paragraph 16 of subsection 32 (1) of the grant regulation. ii. If the amount determined under paragraph 6 of subsection 32 (1) of the grant regulation is less than or equal to the amount determined under paragraph 11 of that subsection, calculate an amount as follows: A. Take the amount determined under paragraph 10 of subsection 32 (1) of the grant regulation. B. Add to the amount determined under sub-subparagraph A the amount determined under paragraph 16 of subsection 32 (1) of the grant regulation. C. Add to the amount determined under sub-subparagraph B the total of the amounts, if any, set out in Column 7 of Table 5 of the grant regulation opposite the names of secondary schools of the board set out in Column 4 of that Table where the distance set out in Column 6 of that Table is less than 45 kilometres. D. Determine the amount that would be determined under subsection 32 (1) of the grant regulation as the board’s learning resources for distant schools allocation 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. E. Take the day school A.D.E. for the board, counting only elementary school pupils of the board enrolled in schools that are part of a qualifying combined school of the board within the meaning of subsection 16 (3) of the grant regulation. F. Multiply the amount determined under sub-subparagraph D by the number determined under sub-subparagraph E. G. Divide the amount determined under sub-subparagraph F by the day school A.D.E. for the board, counting only pupils of the board enrolled in schools that are part of a qualifying combined school of the board within the meaning of subsection 16 (3) of the grant regulation. H. Subtract the amount determined under sub-subparagraph G from the amount determined under sub-subparagraph C. 8. Determine an amount on account of the remote and rural allocation for secondary school pupils, as follows: i. Divide the amount of the board’s remote and rural allocation for the fiscal year, as determined under section 33 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board. ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only secondary school pupils of the board. 8.1 Determine an amount on account of the rural and small community allocation for secondary school pupils, as follows: i. Divide the amount of the board’s rural and small community allocation for the year, if any, as determined under section 33.1 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board. ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only secondary school pupils of the board. 9. Determine an amount on account of the learning opportunities allocation for secondary school pupils, as follows: i. Take the total of, A. the amount determined for the board under paragraph 1 of subsection 34 (1) of the grant regulation, B. the amount determined for the board under paragraph 4 of subsection 34 (4) of the grant regulation, and C. $152,641. ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board. iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only secondary school pupils of the board. iv. Take the total of, A. the amount determined for the board under paragraph 1 of subsection 34 (4) of the grant regulation, and B. the amount determined for the board under paragraph 6 of subsection 34 (4) of the grant regulation. v. Add the amounts determined under subparagraphs iii and iv. 10. Take the amount of the board’s secondary school teacher qualification and experience allocation for the fiscal year, as determined under subsection 36 (13) of the grant regulation. 11. Determine an amount on account of the cost adjustment for non-teachers for secondary school pupils as follows: i. Divide the amount set out in Column 2 of Table 9 of the grant regulation opposite the name of the board in Column 1 by the day school A.D.E. for the board, counting only pupils of the board. ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only secondary school pupils of the board. 12. Determine an amount on account of the administration and governance allocation for secondary school pupils, as follows: i. Subtract the total of the amounts determined under paragraphs 13 and 14 of subsection 38 (2) of the grant regulation from the amount of the board’s administration and governance allocation for the fiscal year, as determined under section 38 of the grant regulation. ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board. iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only secondary school pupils of the board. iv. Add the total of the amounts determined under paragraphs 13 and 14 of subsection 38 (2) of the grant regulation to the amount determined under subparagraph iii. 13. Determine an amount on account of the program enhancement allocation for secondary school pupils, as follows: i. Take the number of qualifying sole secondary schools of the board within the meaning of subsection 16 (3) of the grant regulation. ii. Take the number of qualifying combined schools of the board within the meaning of subsection 16 (3) of the grant regulation. iii. Total the numbers determined under subparagraphs i and ii. iv. Multiply the number determined under subparagraph iii by $7,500. 14. Determine an amount on account of the school operations part of the pupil accommodation allocation for secondary school pupils, by multiplying the benchmark operating cost of $66.48 per metre squared, i. by the adjusted secondary school area requirement for the board determined under paragraph 13 of subsection 41 (1) of the grant regulation, if a supplementary secondary school area factor is approved for the board under that section, or ii. by the secondary school area requirement for the board determined under paragraph 12 of subsection 41 (1) of the grant regulation, if no supplementary secondary school area factor is approved for the board under that section. 15. Take the total of the amounts determined in respect of the board under paragraphs 31, 36, 40 and 43 of subsection 41 (1) of the grant regulation. 16. Determine an amount on account of the board’s adjustment for declining enrolment in respect of secondary school pupils by, i. dividing the amount of the board’s adjustment for declining enrolment, if any, as determined under section 53 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board, and ii. multiplying the amount determined under subparagraph i by the day school A.D.E. for the board, counting only secondary school pupils of the board. 17. Total the amounts determined for the board under paragraphs 1 to 16. 18. Divide the amount determined under paragraph 17 by the day school A.D.E. for the board, counting only secondary school pupils of the board. O. Reg. 151/07, s. 3 (4); O. Reg. 504/07, s. 1 (8-14). (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 expenditure of the board within the meaning of subsection 58 (1) of the grant regulation. 2. Deduct the amount of the approved expenditure referred to in paragraph 1 that relates to transportation. 3. Deduct the amount of the approved expenditure 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. for the board, counting only pupils of the board. O. Reg. 151/07, s. 3 (5). (6) The fee in respect of a pupil described in subsection (1) who is enrolled in a high cost program may be increased, at the option of the board, to the amount determined by multiplying the fee that would otherwise be payable, (a) by a factor agreed on by the board providing the instruction and the party from whom the fee is receivable; or (b) by a factor determined in the manner described in subsection (8) if the board and the party cannot agree on a factor. O. Reg. 151/07, s. 3 (6). (7) If the board providing the instruction and the party from whom the fee is receivable cannot agree on a factor, the factor shall be determined by three arbitrators, appointed as follows: 1. One arbitrator appointed by the board that provides the instruction. 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. O. Reg. 151/07, s. 3 (7). (8) The decision of the arbitrators or a majority of them is final and binding on the board providing the instruction and on the party from whom the fee is receivable. O. Reg. 151/07, s. 3 (8). (9) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies. O. Reg. 151/07, s. 3 (9).