Fees Paid to Boards by Canada or by Authority Providing 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. (2) The fee in respect of a pupil described in subsection (1) shall be calculated as follows: 1. Take the base amount determined for the pupil under subsection (3), (4) or (5), as the case may be. 2. Multiply the day school A.D.E. of the pupil by the sum of, i. the base amount determined under paragraph 1, and ii. the P.A.C. for that pupil. (3) For the purposes of paragraph 1 of subsection (2), the base amount for an elementary school pupil described in subsection (1) who is enrolled in a school operated by a district school board shall be determined as follows: 1. Determine the amount calculated for the board under paragraph 2 of section 13 of the 1999-2000 grant regulation, on account of the foundation allocation for elementary school pupils. 2. Determine an amount on account of the special education allocation for elementary school pupils, as follows: i. Multiply the day school A.D.E. for the board, counting only elementary school pupils of the board, by $362. ii. Calculate the part of the equipment ISA determined for the board under paragraph 2 of section 14 of the 1999-2000 grant regulation that is generated by elementary school pupils of the board. iii. Calculate the part of the amount determined for the board under clause 18 (a) of the 1999-2000 grant regulation that is generated by individuals who were elementary school pupils in the 1998-99 school year. Where an adjustment has been made under section 20 of that regulation to the amount calculated for the board under section 18 of that regulation, the amount calculated for the board under this subparagraph shall be increased or decreased by the amount that the Minister considers appropriate to take account of the adjustment made under section 20 of that regulation. iv. Calculate the part of the amount determined for the board under clause 18 (b) of the 1999-2000 grant regulation that is generated by elementary school pupils of the board. Where an adjustment has been made under section 20 of that regulation to the amount calculated for the board under section 18 of that regulation, the amount calculated for the board under this subparagraph shall be increased or decreased by the amount that the Minister considers appropriate to take account of the adjustment made under section 20 of that regulation. v. Total the amounts obtained under subparagraphs i, ii, iii and iv. 3. 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, as calculated under subsection 22 (3) of the 1999-2000 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 paragraph 5 of subsection 24 (1) of the 1999-2000 grant regulation, that is generated by elementary school pupils of the board. B. Take the amount set out for the board in Table 1 of the 1999-2000 grant regulation. C. Divide the amount taken under 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 taken under subparagraph i and the amount calculated under sub-subparagraph E of subparagraph ii. 4. 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. Take the amount determined for the board under paragraph 1 of subsection 26 (1) of the 1999-2000 grant regulation. ii. Divide the total of the amounts determined for the board under paragraph 7 of subsection 28 (4) of the 1999-2000 grant regulation by the total number of instructional units determined for the board under paragraph 3 of subsection 28 (4) of that Regulation. Multiply the result by the total number of elementary instructional units determined for the board under paragraph 1 of subsection 28 (4) of that Regulation. iii. Calculate the part of the PDF funding level for the board, as calculated under subsection 28 (11) of the 1999-2000 grant regulation, that is generated by elementary school pupils of the board. iv. Total the amount taken under subparagraph i, the product obtained under subparagraph ii and the amount calculated under subparagraph iii. 5. Determine the amount calculated for the board under paragraph 4 of subsection 29 (11) of the 1999-2000 grant regulation, on account of the small schools allocation for elementary school pupils. 6. Determine an amount on account of the remote and rural allocation for elementary school pupils, as follows: i. Take the amount determined for the board under paragraph 5 of section 30 of the 1999-2000 grant regulation. ii. Divide the amount determined for the board 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. 7. Determine an amount on account of the learning opportunities allocation for elementary school pupils, as follows: i. Take the amount determined for the board under section 31 of the 1999-2000 grant regulation. ii. Divide the amount determined for the board 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. 8. Determine the amount calculated for the board under paragraph 7 of subsection 34 (11) of the 1999-2000 grant regulation, on account of the teacher compensation allocation for elementary school pupils. 9. Determine the amount calculated for the board under paragraph 2 of subsection 35 (2) or paragraph 5 of subsection 35 (3) of the 1999-2000 grant regulation, as the case may be, on account of the early learning allocation. 10. Determine an amount on account of the administration and governance allocation for elementary school pupils, as follows: i. Take the amount determined for the board under paragraph 4 of subsection 37 (1) of the 1999-2000 grant regulation. ii. Divide the amount determined for the board 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. 11. Determine an amount on account of the school operations part of the pupil accommodation allocation for elementary school pupils, by multiplying the elementary school area requirement determined for the board under paragraph 2 of subsection 38 (3) of the 1999-2000 grant regulation or, where a supplementary elementary school area factor is approved for the board under subsection 38 (4) of that Regulation, the adjusted elementary school area requirement determined for the board under paragraph 3 of subsection 38 (3) of that Regulation, by the benchmark operating cost of $55.97. 12. Determine the amount calculated for the board under paragraph 16 of subsection 38 (3) of the 1999-2000 grant regulation, on account of the top-up amount for elementary school operations. 13. Determine a stable funding guarantee amount for elementary school pupils as follows: i. Take the amount determined for the board under section 48 of the 1999-2000 grant regulation. ii. Divide the amount determined for the board 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. Total the amounts determined for the board under paragraphs 1 to 13. 15. Divide the total obtained under paragraph 14 by the day school A.D.E. for the board, counting only elementary school pupils of the board. 16. Where an amount calculated in accordance with section 46 of the 1999-2000 grant regulation is subtracted from the total determined for the board under paragraph 3 of section 11 of that Regulation, subtract an amount calculated as follows from the amount obtained under paragraph 15: i. Take the amount calculated for the board under subsection 46 (2) of the 1999-2000 grant regulation. ii. Divide the amount referred to in subparagraph i by the day school A.D.E. for the board, counting only pupils of the board. 17. Where an amount calculated in accordance with section 47 of the 1999-2000 grant regulation is added to the total determined for the board under paragraph 3 of section 11 of that Regulation, add an amount calculated as follows to the amount obtained under paragraph 15: i. Take the amount calculated for the board under subsection 47 (2) of the 1999-2000 grant regulation. ii. Divide the amount referred to in subparagraph i by the day school A.D.E. for the board, counting only pupils of the board. (4) For the purposes of paragraph 1 of subsection (2), the base amount for a secondary school pupil described in subsection (1) who is enrolled in a school operated by a district school board shall be determined as follows: 1. Determine the amount calculated for the board under paragraph 4 of section 13 of the 1999-2000 grant regulation, on account of the foundation allocation for secondary school pupils. 2. Determine an amount on account of the special education allocation for secondary school pupils, as follows: i. Multiply the day school A.D.E. for the board, counting only secondary school pupils of the board, by $229. ii. Calculate the part of the equipment ISA determined for the board under paragraph 2 of section 14 of the 1999-2000 grant regulation that is generated by secondary school pupils of the board. iii. Calculate the part of the amount determined for the board under clause 18 (a) of the 1999-2000 grant regulation that is generated by individuals who were secondary school pupils in the 1998-99 school year. Where an adjustment has been made under section 20 of that regulation to the amount calculated for the board under section 18 of that regulation, the amount calculated for the board under this subparagraph shall be increased or decreased by the amount that the Minister considers appropriate to take account of the adjustment made under section 20 of that regulation. iv. Calculate the part of the amount determined for the board under clause 18 (b) of the 1999-2000 grant regulation that is generated by secondary school pupils of the board. Where an adjustment has been made under section 20 of that regulation to the amount calculated for the board under section 18 of that regulation, the amount calculated for the board under this subparagraph shall be increased or decreased by the amount that the Minister considers appropriate to take account of the adjustment made under section 20 of that regulation. v. Total the amounts obtained under subparagraphs i, ii, iii and iv. 3. 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, as calculated under subsection 22 (5) of the 1999-2000 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 paragraph 5 of subsection 24 (1) of the 1999-2000 grant regulation, that is generated by secondary school pupils of the board. B. Take the amount set out for the board in Table 1 of the 1999-2000 grant regulation. C. Divide the amount taken under 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 taken under subparagraph i and the amount calculated under sub-subparagraph E of subparagraph ii. 4. 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. Take the amount determined for the board under paragraph 2 of subsection 26 (1) of the 1999-2000 grant regulation. ii. Divide the total of the amounts determined for the board under paragraph 7 of subsection 28 (4) of the 1999-2000 grant regulation by the total number of instructional units determined for the board under paragraph 3 of subsection 28 (4) of that Regulation. Multiply the result by the total number of secondary instructional units determined for the board under paragraph 2 of subsection 28 (4) of that Regulation. iii. Calculate the part of the PDF funding level for the board, as calculated under subsection 28 (11) of the 1999-2000 grant regulation, that is generated by secondary school pupils of the board. iv. Total the amount taken under subparagraph i, the product obtained under subparagraph ii and the amount calculated under subparagraph iii. 5. Determine the amount calculated for the board under paragraph 8 of subsection 29 (11) of the 1999-2000 grant regulation, on account of the small schools allocation for secondary school pupils. 6. Determine an amount on account of the remote and rural allocation for secondary school pupils, as follows: i. Take the amount determined for the board under paragraph 5 of section 30 of the 1999-2000 grant regulation. ii. Divide the amount determined for the board 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. 7. Determine an amount on account of the learning opportunities allocation for secondary school pupils, as follows: i. Take the amount determined for the board under section 31 of the 1999-2000 grant regulation. ii. Divide the amount determined for the board 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. 8. Determine the amount calculated for the board under paragraph 9 of subsection 34 (12) of the 1999-2000 grant regulation, on account of the teacher compensation allocation for secondary school pupils. 9. Determine an amount on account of the administration and governance allocation for secondary school pupils, as follows: i. Take the amount determined for the board under paragraph 4 of subsection 37 (1) of the 1999-2000 grant regulation. ii. Divide the amount determined for the board 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. 10. Determine an amount on account of the school operations part of the pupil accommodation allocation for secondary school pupils, as follows: i. Multiply the secondary school area requirement for the board determined under paragraph 11 of subsection 38 (3) of the 1999-2000 grant regulation or, where a supplementary secondary school area factor is approved for the board under subsection 38 (9) of that Regulation, the adjusted secondary school area requirement determined for the board under paragraph 12 of subsection 38 (3) of that Regulation, by the benchmark operating cost of $55.97. ii. Add to the amount determined under subparagraph i the amount calculated for the board under paragraph 18 of subsection 38 (3) of the 1999-2000 grant regulation, on account of the top-up amount for secondary school operations. 11. Determine a stable funding guarantee amount for secondary school pupils, as follows: i. Take the amount determined for the board under section 48 of the 1999-2000 grant regulation. ii. Divide the amount determined for the board 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. 12. Total the amounts determined for the board under paragraphs 1 to 11. 13. Divide the total obtained under paragraph 12 by the day school A.D.E. for the board, counting only secondary school pupils of the board. 14. Where an amount calculated in accordance with section 46 of the 1999-2000 grant regulation is subtracted from the total determined for the board under paragraph 3 of section 11 of that Regulation, subtract an amount calculated as follows from the amount obtained under paragraph 13: i. Take the amount calculated for the board under subsection 46 (2) of the 1999-2000 grant regulation. ii. Divide the amount referred to in subparagraph i by the day school A.D.E. for the board, counting only pupils of the board. 15. Where an amount calculated in accordance with section 47 of the 1999-2000 grant regulation is added to the total determined for the board under paragraph 3 of section 11 of that Regulation, add an amount calculated as follows to the amount obtained under paragraph 13: i. Take the amount calculated for the board under subsection 47 (2) of the 1999-2000 grant regulation. ii. Divide the amount referred to in subparagraph i by the day school A.D.E. for the board, counting only pupils of the board. (5) For the purposes of paragraph 1 of subsection (2), the base amount for a pupil described in subsection (1) who is enrolled in a school operated by an isolate board shall be determined as follows: 1. Take the approved expenditure of the board within the meaning of subsection 55 (1) of the 1999-2000 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. (6) The fee in respect of a pupil described in subsection (1) who is enrolled in a Native language program in a school operated by a district school board and whose fee is receivable from the Crown in right of Canada or from 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, may, at the option of the district school board, be increased by an amount equal to the allocation for Native language that would be generated for the pupil if he or she were a pupil of the board, determined in accordance with section 23 or 27, as the case may be, of the 1999-2000 grant regulation. (7) The fee in respect of a pupil described in subsection (1) who is enrolled in a high cost program may, at the option of the board, be increased by multiplying the fee by a factor agreed on by the board providing the instruction and the party from whom the fee is receivable or, in the absence of agreement, by a factor determined in accordance with subsection (8). (8) 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 shall be appointed by the board that provides the instruction. 2. One arbitrator shall be appointed by the party from whom the fee is receivable. 3. One arbitrator shall be appointed by the arbitrators appointed under paragraphs 1 and 2. (9) The decision of the arbitrators or a majority of them is final and binding on the board providing the instruction and the party from whom the fee is receivable. (10) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies. O. Reg. 215/99, s. 3. Fees Charged to Parties Residing in Ontario