Calculations for the pupil accommodation allocation
51. (1) 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 (2) for each elementary school of the board in respect of which the conditions in the following paragraphs are satisfied: 1. The 2006-2007 enrolment of the school exceeded by at least 100 the sum of, i. the 2006-2007 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 39 (18) of the 2006-2007 grant regulation. 2. The 2005-2006 enrolment of the school exceeded by at least 100 the sum of, i. the 2005-2006 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 the 2005-2006 grant regulation. 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 (2) exceeds the amount calculated using the formula, A – B in which, “A” is the sum of the 2006-2007 reported capacities of all other elementary schools of the board located not more than eight kilometres by road from the school and the total of all amounts calculated under subsection 39 (18) of the 2006-2007 grant regulation in respect of those other schools, and “B” is the sum of the 2006-2007 enrolment of the other schools referred to in “A”. 4. The school is not listed in Table 20 or 21. O. Reg. 152/07, s. 51 (1); O. Reg. 583/07, s. 7. (2) 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 2006-2007 enrolment of the school exceeded the sum of, (i) the 2006-2007 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 39 (18) of the 2006-2007 grant regulation; and (b) the amount by which the 2005-2006 enrolment of the school exceeded the sum of, (i) the 2005-2006 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 the 2005-2006 grant regulation. O. Reg. 152/07, s. 51 (2). (3) 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 (4) for each secondary school of the board in respect of which the conditions in the following paragraphs are satisfied: 1. The 2006-2007 enrolment of the school exceeded by at least 100 the sum of, i. the 2006-2007 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 39 (20) of the 2006-2007 grant regulation. 2. The 2005-2006 enrolment of the school exceeded by at least 100 the sum of, i. the 2005-2006 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 the 2005-2006 grant regulation. 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 (4) exceeds the amount calculated using the formula, A – B in which, “A” is the sum of the 2006-2007 reported capacities of all other secondary schools of the board located not more than 32 kilometres by road from the school and the total of all amounts calculated under subsection 39 (20) of the 2006-2007 grant regulation in respect of those other schools, and “B” is the sum of the 2006-2007 enrolment of the other schools referred to in “A”. 4. The school is not listed in Table 20 or 21. O. Reg. 152/07, s. 51 (3); O. Reg. 81/08, s. 8. (4) 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 2006-2007 enrolment of the school exceeded the sum of, (i) the 2006-2007 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 39 (20) of the 2006-2007 grant regulation; and (b) the amount by which the 2005-2006 enrolment of the school exceeded the sum of, (i) the 2005-2006 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 the 2005-2006 grant regulation. O. Reg. 152/07, s. 51 (4). (5) For the purposes of paragraph 78 of subsection 44 (1), the secondary capacity for the board is the secondary capacity determined for the board under the 2006-2007 grant regulation subject to the adjustments set out in subsections (9), (12), (17), (20), (23), (25), (26) and (30) of this section. O. Reg. 152/07, s. 51 (5). (6) 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, which is available as described in subsection 3 (7). 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. 152/07, s. 51 (6). (7) Subsection (8) or (9) applies in relation to an elementary facility or secondary facility of a board if, on or after January 1, 2004 and before February 17, 2005, the board issued a proposal under Ontario Regulation 444/98 (Disposition of Surplus Real Property) made under the Act to dispose of the facility at no cost to the Ontario Realty Corporation or to a board. O. Reg. 152/07, s. 51 (7). (8) The number referred to in subparagraph 30 i of subsection 44 (1) is determined as follows: 1. For each elementary facility of the board to which this subsection applies, apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 2. Total the amounts determined under paragraph 1 for elementary facilities of the board. O. Reg. 152/07, s. 51 (8). (9) The secondary capacity determined for the board under subsection (5) is adjusted as follows: 1. For each secondary facility of the board to which this subsection applies, apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 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 (5). O. Reg. 152/07, s. 51 (9). (10) Subsection (11) or (12) 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 on or after January 1, 2004 and before February 17, 2005 under Ontario Regulation 444/98, to dispose of the facility at no cost; and (b) subsections (16) and (17) do not apply to the facility. O. Reg. 152/07, s. 51 (10). (11) The number referred to in subparagraph 32 ii of subsection 44 (1) is determined as follows: 1. For each elementary facility of the board to which this subsection applies, apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 2. Total the amounts determined under paragraph 1 for the elementary facilities of the board. O. Reg. 152/07, s. 51 (11); O. Reg. 507/07, s. 18 (1). (12) The secondary capacity determined for the board under subsection (5) is adjusted as follows: 1. For each secondary facility of the board to which this subsection applies, apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 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 (5). O. Reg. 152/07, s. 51 (12). (13) Subsection (16) or (17) 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 on or after January 1, 2004 and before February 17, 2005 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. 152/07, s. 51 (13). (14) Subsection (16) 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 18 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. 152/07, s. 51 (14). (15) Subsection (17) 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 18 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. 152/07, s. 51 (15). (16) The number referred to in subparagraph 32 iii of subsection 44 (1) is determined as follows: 1. For each elementary school to which this subsection applies, apply the loadings determined under subsection (6) to the instructional spaces of the school, as categorized under subsection (6). 2. Determine the 2007-2008 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. O. Reg. 152/07, s. 51 (16); O. Reg. 507/07, s. 18 (2). (17) The secondary capacity determined for the board under subsection (5) is adjusted as follows: 1. For each secondary school to which this subsection applies, apply the loadings determined under subsection (6) to the instructional spaces of the school, as categorized under subsection (6). 2. Determine the 2007-2008 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 (5). O. Reg. 152/07, s. 51 (17). (18) Subsection (19) or (20) applies in relation to an elementary facility or secondary facility of a board if, (a) in the 2006 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; and (b) 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. 152/07, s. 51 (18). (19) The number referred to in subparagraph 30 ii of subsection 44 (1) is determined as follows: 1. For each elementary facility of the board to which this subsection applies, apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 2. Total the amounts determined under paragraph 1 for elementary facilities of the board. O. Reg. 152/07, s. 51 (19). (20) The secondary capacity determined for the board under subsection (5) is adjusted as follows: 1. For each secondary facility of the board to which this subsection applies, apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 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 (5). O. Reg. 152/07, s. 51 (20). (21) Subsection (22) or (23) applies in relation to an elementary facility or secondary facility of a board acquired in the circumstances described in subsection (18). O. Reg. 152/07, s. 51 (21). (22) The number referred to in subparagraph 30 iii of subsection 44 (1) is determined as follows: 1. For each elementary facility of the board acquired in the circumstances described in subsection (18), apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 2. Determine the 2007-2008 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. O. Reg. 152/07, s. 51 (22). (23) The secondary capacity determined for the board under subsection (5) is adjusted as follows: 1. For each secondary facility of the board acquired in the circumstances described in subsection (18), apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 2. Determine the 2007-2008 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 (5). O. Reg. 152/07, s. 51 (23). (24) 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 (18), the number referred to in subparagraph 32 iv of subsection 44 (1) is determined as follows: 1. For each elementary facility acquired, apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 2. Determine the 2007-2008 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. O. Reg. 152/07, s. 51 (24); O. Reg. 507/07, s. 18 (3). (25) 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 (18), the secondary capacity determined for the board under subsection (5) is adjusted as follows: 1. For each secondary facility acquired, apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 2. Determine the 2007-2008 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 (5). O. Reg. 152/07, s. 51 (25). (26) The secondary capacity determined for the board under subsection (5) is adjusted by adding the number, if any, of new pupil places to meet the secondary enrolment pressures as determined under subsection (3). O. Reg. 152/07, s. 51 (26). (27) Subsection (28) applies in relation to an elementary facility of the board described in a provision comparable to subsection (13) or (14) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. O. Reg. 152/07, s. 51 (27). (28) The number referred to in subparagraph 32 v of subsection 44 (1) is determined as follows: 1. For each elementary facility to which this subsection applies, apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 2. Determine the 2007-2008 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 (16) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. O. Reg. 152/07, s. 51 (28). (29) Subsection (30) applies in relation to a secondary facility of the board described in a provision comparable to subsection (13) or (15) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. O. Reg. 152/07, s. 51 (29). (30) The secondary capacity determined for the board under subsection (5) is adjusted as follows: 1. For each secondary facility to which this subsection applies, apply the loadings determined under subsection (6) to the instructional spaces of the facility, as categorized under subsection (6). 2. Determine the 2007-2008 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 (17) 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 (5). O. Reg. 152/07, s. 51 (30); O. Reg. 507/07, s. 18 (4). (31) For the purposes of paragraphs 3 and 5 of subsection 32 (3), subparagraph 16 ii of subsection 41 (1) and subparagraph 14 ii of section 42, the capacity of an elementary school is determined by applying the loadings determined under subsection (6) to the instructional spaces of the school, as categorized under subsection (6). O. Reg. 152/07, s. 51 (31). (32) For the purposes of paragraphs 4 and 5 of subsection 32 (3), subparagraph 30 ii of subsection 41 (1) and subparagraph 28 ii of section 42, the capacity of a secondary school is determined by applying the loadings determined under subsection (6) to the instructional spaces of the school, as categorized under subsection (6). O. Reg. 152/07, s. 51 (32).