Pupil accommodation allocation
36. (1) For the purposes of this section, (a) a school of a board is an elementary school if it has been identified as such by the board in accordance with the Ministry publication entitled “Data Collection Instruction Guide for the School Facilities Inventory Database”, dated January 1998; and (b) a school of a board is a secondary school if it has been identified as such by the board in accordance with the Ministry publication entitled “Data Collection Instruction Guide for the School Facilities Inventory Database”, dated January 1998. O. Reg. 156/02, s. 36 (1). (2) The amount of the pupil accommodation allocation for a district school board for the fiscal year is the total of the amounts for the board for the year listed in the following paragraphs: 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. 156/02, s. 36 (2). (3) The amount for the board for the fiscal year for school operations is determined as follows: 1. Determine the 2002-2003 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 2002-2003 fiscal year, in accordance with section 2 of the 2002-2003 day school A.D.E. regulation, counting only pupils who are at least 21 years of age on December 31, 2002. 5. Determine the continuing education average daily enrolment for the board for the 2002-2003 fiscal year, in accordance with section 3 of the 2002-2003 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 (2) of the 2002-2003 fees regulation. 6. Determine the summer school average daily enrolment for the board for the fiscal year, in accordance with section 4 of the 2002-2003 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 (3) of the 2002-2003 fees regulation. 7. Add the numbers determined under paragraphs 4, 5 and 6. 8. Multiply the total determined under paragraph 7 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. 9. Determine the adjusted continuing education and other programs area requirement for the board in metres squared by applying, to the amount determined under paragraph 8, the supplementary continuing education and other programs area factor approved for the board by the Minister in accordance with subsection (6). 10. Determine the 2002-2003 day school average daily enrolment of secondary school pupils of the board. 11. Multiply the number determined under paragraph 10 by the benchmark area requirement per pupil of 12.07 metres squared to obtain the secondary school area requirement for the board. 12. Determine the adjusted secondary school area requirement for the board in metres squared by applying, to the amount determined under paragraph 11, the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8). 13. 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 9. iii. The adjusted secondary school area requirement for the board determined under paragraph 12. 14. Multiply the number obtained under paragraph 13 by the benchmark operating cost of $57.59 per metre squared. 15. For each elementary school of the board, calculate a top-up amount for school operations, as follows: i. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school. 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 $57.59 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. If the school is not a school to which paragraph 12 or 13 of subsection 28 (2) applies, take the amount, if any, determined under paragraph 4 of subsection 28 (3) for the school. vii. Multiply the amount taken under subparagraph vi by 0.25. viii. If the school is a school to which paragraph 12 or 13 of subsection 28 (2) applies, take the amount determined under paragraph 4 of subsection 28 (3) for the group of schools of which the school is a part. ix. Multiply the amount taken under subparagraph viii by the day school full-time equivalent enrolment for the board as of October 31, 2002, counting only the pupils of the board enrolled in the school. x. Divide the product obtained under subparagraph ix by the day school full-time equivalent enrolment for the board as of October 31, 2002, counting only the pupils of the board enrolled in the group of schools of which the school is a part. xi. Multiply the quotient obtained under subparagraph x by 0.25. xii. Total the numbers determined under subparagraphs v, vii and xi. xiii. 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. xiv. Multiply the number determined under subparagraph xiii by the benchmark operating cost of $57.59 per metre squared. xv. Multiply the number determined under subparagraph xiv by the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5). xvi. Multiply the number determined under subparagraph xv by 0.2. xvii. Subtract the number determined under subparagraph xii from the number determined under subparagraph xv. xviii. If the number determined under subparagraph xvii 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 school is zero. Otherwise, the top-up amount for school operations for the school is the lesser of the number determined under subparagraph xvi and the number determined under subparagraph xvii. 16. Total the top-up amounts for school operations determined under paragraph 15 for each of the elementary schools of the board. 17. For each secondary school of the board, calculate a top-up amount for school operations, as follows: i. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school. 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 $57.59 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. Take the amount, if any, determined for the school under paragraph 8 of subsection 28 (3). vii. Multiply the amount taken under subparagraph vi by 0.25. viii. Add the number determined under subparagraph vii to the number determined under subparagraph v. ix. 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. x. Multiply the number determined under subparagraph ix by the benchmark operating cost of $57.59 per metre squared. xi. Multiply the number determined under subparagraph x by the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8). xii. Multiply the number determined under subparagraph xi by 0.2. xiii. Subtract the number determined under subparagraph viii from the number determined under subparagraph xi. xiv. If the number determined under subparagraph xiii 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 school is zero. Otherwise, the top-up amount for school operations for the school is the lesser of the number determined under subparagraph xii and the number determined under subparagraph xiii. 18. Total the top-up amounts for school operations determined under paragraph 17 for each of the secondary schools of the board. 19. Total the amounts determined for the board under paragraphs 14, 16 and 18 to obtain the amount for the board for school operations. O. Reg. 156/02, s. 36 (3); O. Reg. 348/02, s. 16. (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. 156/02, s. 36 (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. 156/02, s. 36 (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. 156/02, s. 36 (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. 156/02, s. 36 (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. 156/02, s. 36 (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 7 opposite the name of the board. 2. Apply the percentage referred to in paragraph 1 to the benchmark renewal cost per metre squared of $6.89. 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 7 opposite the name of the board. 4. Apply the percentage referred to in paragraph 3 to the benchmark renewal cost per metre squared of $10.33. 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 7 opposite the name of the board. 8. Apply the percentage referred to in paragraph 7 to the benchmark renewal cost per metre squared of $6.89. 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 7 opposite the name of the board. 10. Apply the percentage referred to in paragraph 9 to the benchmark renewal cost per metre squared of $10.33. 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 12 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 9 of subsection (3). 14. For each elementary school of the board, calculate a top-up amount for school renewal, as follows: i. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school. 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. 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 school is zero. Otherwise, the top-up amount for school renewal for the school is the lesser of the number determined under subparagraph ix and the number determined under subparagraph x. 15. Total the top-up amounts for school renewal determined under paragraph 14 for each of the elementary schools of the board. 16. For each secondary school of the board, calculate a top-up amount for school renewal, as follows: i. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school. 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. 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 school is zero. Otherwise, the top-up amount for school renewal for the school is the lesser of the number determined under subparagraph ix and the number determined under subparagraph x. 17. Total the top-up amounts for school renewal determined under paragraph 16 for each of the secondary schools of the board. 18. Add the amounts under paragraphs 6, 12, 13, 15 and 17. 19. Add the amount obtained under paragraph 18 to the amount for school renewal enhancement set out opposite the name of the board in Table 7.1 to obtain the amount for the board for school renewal. O. Reg. 156/02, s. 36 (9); O. Reg. 134/03, s. 5 (1). (10) The amount for the board for the fiscal year for new pupil places is determined as follows: 1. Determine the 2002-2003 day school average daily enrolment of elementary school pupils of the board. 2. Subtract the elementary capacity for the board, in terms of pupil places, as determined by the Minister in accordance with subsection (19), from the number determined under paragraph 1. 3. Add to the number determined under paragraph 2 the sum of all numbers, if any, each of which is the number of the board’s new pupil places to meet elementary enrolment pressure for an elementary school of the board, as calculated under subsection 36 (12) of Ontario Regulation 154/01. 4. If the number determined under paragraph 2 is a positive number, multiply the number determined under paragraph 3 by the benchmark area requirement of 9.29 metres squared. 5. Multiply the product obtained under paragraph 4 by the benchmark construction cost of $118.40 per metre squared. 6. If the number obtained under paragraph 2 is zero or a negative number, calculate the sum of, i. the sum of all numbers, if any, each of which is the number of the board’s new pupil places to meet elementary enrolment pressure for an elementary school of the board, as calculated under subsection 36 (12) of Ontario Regulation 154/01, and ii. the number, if any, of the board’s new pupil places to meet elementary enrolment pressure. 7. Multiply the sum determined under paragraph 6 by the benchmark area requirement of 9.29 metres squared. 8. Multiply the product obtained under paragraph 7 by the benchmark construction cost of $118.40 per metre squared. 9. Take the sum of the numbers of new elementary pupil places for capital transitional adjustment set out in Column 4 of Table 8 opposite the name of the board. 10. Multiply the amount determined under paragraph 9 by the benchmark area requirement of 9.29 metres squared. 11. Multiply the product determined under paragraph 10 by the benchmark construction cost of $118.40 per metre squared. 11.1 Take the number, if any, of the board’s new pupil places in respect of elementary schools for which the cost of repair is prohibitive. 11.2 Multiply the number determined under paragraph 11.1 by the benchmark area requirement of 9.29 metres squared. 11.3 Multiply the product determined under paragraph 11.2 by the benchmark construction cost of $118.40 per metre squared. 12. Determine the 2002-2003 day school average daily enrolment of secondary school pupils of the board. 13. Subtract the secondary capacity for the board, in terms of pupil places, as determined by the Minister in accordance with subsection (19), from the number determined under paragraph 12. 14. Add to the number determined under paragraph 13 the sum of all numbers, if any, each of which is the number of the board’s new pupil places to meet secondary enrolment pressure for a secondary school of the board, as calculated under subsection 36 (14) of Ontario Regulation 154/01. 15. If the number determined under paragraph 13 is a positive number, multiply the number determined under paragraph 14 by the benchmark area requirement of 12.07 metres squared. 16. Multiply the product obtained under paragraph 15 by the benchmark construction cost of $129.17 per metre squared. 17. If the number determined under paragraph 13 is zero or a negative number, calculate the sum of, i. the sum of all numbers, if any, each of which is the number of the board’s new pupil places to meet secondary enrolment pressure for a secondary school of the board, as calculated under subsection 36 (14) of Ontario Regulation 154/01, and ii. the number, if any, of the board’s new pupil places to meet secondary enrolment pressure. 18. Multiply the sum determined under paragraph 17 by the benchmark area requirement of 12.07 metres squared. 19. Multiply the product determined under paragraph 18 by the benchmark construction cost of $129.17 per metre squared. 20. Take the sum of the numbers of new secondary school pupil places for capital transitional adjustment set out in Column 5 of Table 8 opposite the name of the board. 21. Multiply the amount determined under paragraph 20 by the benchmark area requirement of 12.07 metres squared. 22. Multiply the product obtained under paragraph 21 by the benchmark construction cost of $129.17 per metre squared. 22.1 Take the number, if any, of the board’s new pupil places in respect of secondary schools for which the cost of repair is prohibitive. 22.2 Multiply the number determined under paragraph 22.1 by the benchmark area requirement of 12.07 metres squared. 22.3 Multiply the product obtained under paragraph 22.2 by the benchmark construction cost of $129.17 per metre squared. 23. Add the products obtained under paragraphs 5, 8, 11, 11.3, 16, 19, 22 and 22.3. 24. Multiply the sum obtained under paragraph 23 by the geographic adjustment factor specified for the board in Table 9. 25. If the product obtained in paragraph 24 exceeds $20 million, reduce the amount to $20 million. 26. If the Minister is satisfied that, by August 31, 2002, the board has begun construction that has a total value of $200 million or more on projects referred to in the New School Facilities Report set out at page 23 of the memorandum from the Deputy Minister of Education to Directors of Education dated January 7, 2000, entitled “Accountability Framework — Pupil Accommodation Grant” and available for public inspection at the offices of the Ministry of Education, 900 Bay Street, Toronto, Ontario, M7A 1L2, and that the construction is to be financed in whole or in part with amounts calculated for the board under this subsection or a predecessor of this subsection, an amount calculated as follows is added to the amount calculated under paragraph 25, to obtain the amount for the board for new pupil places: i. 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 subsection 36 (10) of that Regulation in respect of the board. If the difference is a negative number, it is deemed to be zero. ii. 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 subsection 37 (10) of that Regulation in respect of the board. If the difference is a negative number, it is deemed to be zero. iii. 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, it is deemed to be zero. iv. 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, it is deemed to be zero. v. Add the amounts determined under subparagraphs i, ii, iii and iv. vi. Divide the sum determined under subparagraph v by $11,696 and round the quotient to one decimal place. vii. Multiply the amount determined under subparagraph vi by the benchmark area requirement of 9.29 metres squared. viii. Multiply the product determined under subparagraph vii by the benchmark construction cost of $118.40 per metre squared. ix. Subtract $20 million from the product obtained under paragraph 24. If the difference is a negative number, it is deemed to be zero. x. Add the difference obtained under subparagraph ix to the product obtained under subparagraph viii. O. Reg. 156/02, s. 36 (10); O. Reg. 134/03, s. 5 (2-9); O. Reg. 227/04, s. 2; O. Reg. 395/05, s. 1. (11) The number, if any, of the board’s new pupil places to meet elementary enrolment pressure 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 2001-2002 enrolment of the school exceeded by at least 100 the sum of, i. the 2001-2002 reported capacity of the school, and ii. the number of the board’s new pupil places to meet elementary enrolment pressure for the school calculated under subsection 36 (12) of Ontario Regulation 154/01. 2. The 2000-2001 enrolment of the school exceeded by at least 100 the sum of, i. the 2000-2001 reported capacity of the school, and ii. the number of the board’s new pupil places to meet secondary enrolment pressure for the school calculated under subsection 36 (14) of Ontario Regulation 154/01. 3. The number of the board’s new pupil places to meet 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 2001-2002 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 36 (12) of Ontario Regulation 154/01 in respect of those other schools, and “B” is the sum of the 2001-2002 enrolment of the other schools mentioned in “A”. O. Reg. 156/02, s. 36 (11); O. Reg. 134/03, s. 5 (10). (12) The number of the board’s new pupil places to meet elementary enrolment pressure for each elementary school is the average of, (a) the difference between the 2000-2001 enrolment and the 2000-2001 reported capacity for the school; and (b) the difference between the 2001-2002 enrolment and the 2001-2002 reported capacity for the school. O. Reg. 156/02, s. 36 (12). (13) The number, if any, of the board’s new pupil places to meet secondary enrolment pressure 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 2001-2002 enrolment of the school exceeded by at least 100 the sum of, i. the 2001-2002 reported capacity of the school, and ii. the number of the board’s new pupil places to meet secondary enrolment pressure for the school calculated under subsection 36 (14) of Ontario Regulation 154/01. 2. The 2000-2001 enrolment of the school exceeded by at least 100 the sum of, i. the 2000-2001 reported capacity of the school, and ii. the number of the board’s new pupil places to meet secondary enrolment pressure for the school calculated under subsection 36 (14) of Ontario Regulation 154/01. 3. The number of the board’s new pupil places to meet 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 2001-2002 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 36 (14) of Ontario Regulation 154/01 in respect of those other schools, and “B” is the sum of the 2001-2002 enrolment of the other schools mentioned in “A”. O. Reg. 156/02, s. 36 (13); O. Reg. 134/03, s. 5 (11). (14) The number of the board’s new pupil places to meet secondary enrolment pressure for each secondary school is the average of, (a) the difference between the 2000-2001 enrolment and the 2000-2001 reported capacity of the school; and (b) the difference between the 2001-2002 enrolment and the 2001-2002 reported capacity of the school. O. Reg. 156/02, s. 36 (14). (15) The number, if any, of the board’s new pupil places in respect of its elementary schools in which the cost of repair is prohibitive is the sum of the board’s new pupil places determined under subsection (16) for each elementary school of the board in respect of which the conditions in the following paragraphs are satisfied: 1. The school is listed in Table 10. 2. The number of the board’s new pupil places in respect of the school that would be determined under subsection (16) exceeds the amount calculated using the formula, A − B in which “A” and “B” have the same meaning as in paragraph 3 of subsection (11). O. Reg. 156/02, s. 36 (15). (16) The number of the board’s new pupil places in respect of an elementary school for which the cost of repair is prohibitive is the greater of, (a) the average of the 2000-2001 day school average daily enrolment for the school and the 2001-2002 day school average daily enrolment for the school; and (b) 200. O. Reg. 156/02, s. 36 (16). (17) The number, if any, of the board’s new pupil places in respect of its secondary schools in which the cost of repair is prohibitive is the sum of the board’s new pupil places determined under subsection (18) for each secondary school of the board in respect of which the conditions in the following paragraphs are satisfied: 1. The school is listed in Table 10. 2. The number of the board’s new pupil places in respect of the school that would be determined under subsection (18) exceeds the amount calculated using the formula, A − B in which “A” and “B” have the same meaning as in paragraph 3 of subsection (13). O. Reg. 156/02, s. 36 (17). (18) The number of the board’s new pupil places in respect of a secondary school for which the cost of repair is prohibitive is the greater of, (a) the average of the 2000-2001 day school average daily enrolment for the school and the 2001-2002 day school average daily enrolment for the school; and (b) 500. O. Reg. 156/02, s. 36 (18). (19) For the purposes of paragraphs 2 and 13 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 Ontario Regulation 154/01 subject to the following adjustments: 1. If applicable, adjust the elementary capacity or secondary capacity determined for the board under Ontario Regulation 154/01 in accordance with subsection (21). 2. If applicable, adjust the result determined under paragraph 1 in accordance with subsections (23), (24), (26), (27), (29), (30), (32), (33) and (35) to (42.2). O. Reg. 156/02, s. 36 (19); O. Reg. 134/03, s. 5 (12). (20) The Minister shall determine loadings and categories of instructional space as follows: 1. Using school facilities data, the Minister shall identify categories of instructional space. In identifying categories of instructional space, the Minister shall have regard to but is not limited to 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 Ministry of Education, 900 Bay Street, Toronto, Ontario, M7A 1L2. 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 factors that are, in his or her opinion, relevant, including but not limited to factors relating to the physical characteristics of the category of instructional space and the class size requirements of section 170.1 of the Act. O. Reg. 156/02, s. 36 (20). (21) The Minister shall make such adjustments under paragraph 1 of subsection (19) 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. O. Reg. 156/02, s. 36 (21). (22) Subsection (23) or (24) applies in relation to an elementary or secondary school of a board if, in the 2001 calendar year, the board, (a) issued a proposal under Ontario Regulation 444/98 to dispose of the school at no cost to the Ontario Realty Corporation or to a board; or (b) notified the Minister in writing that the school will be disposed of in accordance with an order of the former Education Improvement Commission under Ontario Regulation 460/97. O. Reg. 156/02, s. 36 (22). (23) The elementary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each elementary school of the board to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Total the amounts determined under paragraph 1 for elementary schools of the board. 3. Subtract the total determined under paragraph 2 from the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (23). (24) The secondary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each secondary school of the board to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Total the amounts determined under paragraph 1 for secondary schools of the board. 3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (24). (25) Subsection (26) or (27) applies in relation to an elementary or secondary school of the board if, (a) the school is acquired by the board as a result of a proposal issued by another board in the 2001 calendar year under Ontario Regulation 444/98 to dispose of the school at no cost; and (b) subsections (29) and (30) do not apply to the school. O. Reg. 156/02, s. 36 (25). (26) The elementary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each elementary school of the board to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Total the amounts determined under paragraph 1 for the elementary schools of the board. 3. Add the total determined under paragraph 2 to the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (26). (27) The secondary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each secondary school of the board to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Total the amounts determined under paragraph 1 for the secondary schools of the board. 3. Add the total determined under paragraph 2 to the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (27). (28) Subsection (29) or (30) applies in relation to an elementary or secondary school of the board if all of the following conditions are satisfied: 1. The school is acquired by the board as a result of a proposal issued by another board in the 2001 calendar year under Ontario Regulation 444/98 to dispose of the school at no cost. 2. Within 30 days after offering to acquire the school 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 school, 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. 156/02, s. 36 (28). (28.1) Subsection (29) 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 8 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. 134/03, s. 5 (13). (28.2) Subsection (30) 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 8 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. 134/03, s. 5 (13). (29) The elementary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each elementary school to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Determine the 2002-2003 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 (19). O. Reg. 156/02, s. 36 (29). (30) The secondary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each secondary school to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Determine the 2002-2003 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 (19). O. Reg. 156/02, s. 36 (30). (31) Subsection (32) or (33) applies in relation to an elementary or secondary school of a board if, (a) in the 2001 calendar year, the board agreed with another board to dispose of the elementary school or secondary school of the board to the other board, in consideration for the conveyance to it of an elementary school or secondary school 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. 156/02, s. 36 (31). (32) The elementary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each elementary school of the board to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Total the amounts determined under paragraph 1 for elementary schools of the board. 3. Subtract the total determined under paragraph 2 from the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (32). (33) The secondary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each secondary school of the board to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Total the amounts determined under paragraph 1 for secondary schools of the board. 3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (33). (34) Subsection (35) or (36) applies in relation to an elementary or secondary school of a board acquired in the circumstances described in subsection (31). O. Reg. 156/02, s. 36 (34). (35) The elementary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each elementary school of the board acquired in the circumstances described in subsection (31), apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school. 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 schools of the board. 5. Subtract the total determined under paragraph 4 from the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (35). (36) The secondary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each secondary school of the board acquired in the circumstances described in subsection (31), apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school. 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 schools of the board. 5. Subtract the total determined under paragraph 4 from the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (36). (37) If the board has an elementary school that it acquired after December 31, 1998 and before the start of the fiscal year in circumstances described in subsection (31), the elementary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each elementary school acquired, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Determine the 2002-2003 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. 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 schools 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 (19). O. Reg. 156/02, s. 36 (37). (38) If the board has a secondary school that it acquired after December 31, 1998 and before the start of the fiscal year in circumstances described in subsection (31), the secondary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each secondary school acquired, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20). 2. Determine the 2002-2003 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. 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 schools 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 (19). O. Reg. 156/02, s. 36 (38). (39) The elementary capacity determined for the board under subsection (19) is adjusted by adding the number, if any, of new pupil places to meet elementary enrolment pressure as determined under subsection (11). O. Reg. 156/02, s. 36 (39). (40) The secondary capacity determined for the board under subsection (19) is adjusted by adding the number, if any, of new pupil places to meet secondary enrolment pressure as determined under subsection (13). O. Reg. 156/02, s. 36 (40). (41) The elementary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each elementary school of the board listed in Table 10, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized in subsection (20). 2. Total the amounts determined under paragraph 1 for the elementary schools of the board. 3. Subtract the total determined under paragraph 2 from the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (41). (42) The secondary capacity determined for the board under subsection (19) is adjusted as follows: 1. For each secondary school of the board listed in Table 10, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized in subsection (20). 2. Total the amounts determined under paragraph 1 for the secondary schools of the board. 3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (42). (42.1) The elementary capacity determined for the board under subsection (19) is adjusted by adding the number, if any, of new pupil places in respect of its elementary schools in which the cost of repair is prohibitive, as determined under subsection (15). O. Reg. 134/03, s. 5 (13). (42.2) The secondary capacity determined for the board under subsection (19) is adjusted by adding the number, if any, of new pupil places in respect of its secondary schools in which the cost of repair is prohibitive, as determined under subsection (17). O. Reg. 134/03, s. 5 (13). (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 11, 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 benchmark construction cost of $118.40 per metre squared. 4. Take the number of secondary school pupil places shown in Column 3 of Table 11, 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. 156/02, s. 36 (43). (44) For the purposes of paragraphs 15 and 17 of subsection (3) and paragraphs 14 and 16 of subsection (9), the capacity of an elementary school or secondary school is determined by, (a) applying the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20); and (b) subtracting, from the amount determined under clause (a), the number of new pupil places determined under subsection (15), in the case of an elementary school, or under subsection (17), in the case of a secondary school. O. Reg. 156/02, s. 36 (44). (45) In this section, “2000-2001 enrolment” means, in respect of a school operated by a board, the 2000-2001 day school average daily enrolment of pupils of the board, within the meaning of Ontario Regulation 168/00, counting only pupils enrolled in the school; (“effectif de 2000-2001”) “2000-2001 reported capacity” means, in respect of a school operated by a board, the school capacity as reported in Appendix C to the board’s 2000-2001 financial statements prepared and submitted to the Minister under the Act; (“capacité d’accueil déclarée pour 2000-2001”) “2001-2002 enrolment” means, in respect of a school operated by a board, the 2001-2002 day school average daily enrolment of pupils of the board, within the meaning of Ontario Regulation 152/01, counting only pupils enrolled in the school; (“effectif de 2001-2002”) “2001-2002 reported capacity” means, in respect of a school operated by a board, the school capacity as reported in Appendix C to the board’s 2001-2002 financial statements prepared and submitted to the Minister under the Act; (“capacité d”accueil déclarée pour 2001-2002”) “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, counting only pupils enrolled in the school; (“effectif de 2002-2003”) “instructional space” means a space in a school that can reasonably be used for instructional purposes; (“aire d’enseignement”) “school facilities data” means data relating to boards’ school facilities and includes school floor plans and other data compiled in accordance with the Ministry’s school facilities inventory system. (“données sur les installations scolaires”) O. Reg. 156/02, s. 36 (45).