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 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 1998-99 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 elementary school pupils of the board by $347. ii. Divide the amount determined for the board under paragraph 2 of section 14 of the 1998-99 grant regulation by the day school A.D.E. for pupils of the board. iii. Multiply the result obtained under subparagraph ii by the day school A.D.E. for elementary school pupils of the board. iv. Determine an amount on account of program ISA for elementary pupils, as follows: A. If the amount determined for the board under clause 17 (a) of the 1998-99 grant regulation is greater than the amount determined for the board under clause 17 (b) of that Regulation, multiply the day school A.D.E. for elementary school pupils of the board by the per pupil amount specified for the board in Column 2 of Table 1 of that Regulation. B. If the amount determined for the board under clause 17 (b) of the 1998-99 grant regulation is greater than the amount determined for the board under clause 17 (a) of that Regulation, calculate the part of the ISA level 2 and 3 funding total determined for the board under subsection 18 (5) of that Regulation that is generated by elementary pupils of the board. v. Total the amounts obtained under subparagraphs i, 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 pupils of the board, as calculated under subsection 22 (3) of the 1998-99 grant regulation. ii. Calculate the part of the ESL/ESD amount for the board, as calculated under section 24 of the 1998-99 grant regulation, that is generated by elementary school pupils of the board. iii. Add the amount taken under subparagraph i to the amount calculated under 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 1998-99 grant regulation. ii. Divide the total of the amounts determined for the board under paragraph 7 of subsection 28 (4) of the 1998-99 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 1998-99 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 1998-99 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 1998-99 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 1998-99 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 an amount on account of the teacher compensation allocation for elementary school pupils, by calculating what the amount calculated for the board under paragraph 7 of subsection 33 (10) of the 1998-99 grant regulation would be if that calculation were done counting only teachers employed by the board to provide instruction to elementary school pupils and counting only elementary school pupils of the board. 9. Determine the amount calculated for the board under paragraph 2 of subsection 34 (2) or paragraph 5 of subsection 34 (3) of the 1998-99 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 36 (1) of the 1998-99 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 37 (2) of the 1998-99 grant regulation or, where a supplementary elementary school area factor is approved for the board under subsection 37 (3) of that Regulation, the adjusted elementary school area requirement determined for the board under paragraph 3 of subsection 37 (2) of that Regulation, by the benchmark operating cost of $55.97. 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 elementary school pupils of the board. 14. Where an amount calculated in accordance with section 46 of the 1998-99 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 1998-99 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 1998-99 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 1998-99 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 1998-99 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 secondary school pupils of the board by $214. ii. Divide the amount determined for the board under paragraph 2 of section 14 of the 1998-99 grant regulation by the day school A.D.E. of pupils of the board. iii. Multiply the result obtained under subparagraph ii by the day school A.D.E. for secondary school pupils of the board. iv. Determine an amount on account of program ISA for secondary pupils, as follows: A. If the amount determined for the board under clause 17 (a) of the 1998-99 grant regulation is greater than the amount determined for the board under clause 17 (b) of that Regulation, multiply the day school A.D.E. for secondary school pupils of the board by the per pupil amount specified for the board in Column 2 of Table 1 of that Regulation. B. If the amount determined for the board under clause 17 (b) of the 1998-99 grant regulation is greater than the amount determined for the board under clause 17 (a) of that Regulation, calculate the part of the ISA level 2 and 3 funding total determined for the board under subsection 18 (5) of that Regulation that is generated by secondary pupils of the board. v. Total the amounts obtained under subparagraphs i, 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 pupils of the board, as calculated under subsection 22 (5) of the 1998-99 grant regulation. ii. Calculate the part of the ESL/ESD amount for the board, as calculated under section 24 of the 1998-99 grant regulation, that is generated by secondary school pupils of the board. iii. Add the amount taken under subparagraph i to the amount calculated under 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 1998-99 grant regulation. ii. Divide the total of the amounts determined for the board under paragraph 7 of subsection 28 (4) of the 1998-99 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 1998-99 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 1998-99 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 1998-99 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 1998-99 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 an amount on account of the teacher compensation allocation for secondary school pupils, by subtracting from the amount calculated under paragraph 10 of subsection 33 (10) of the 1998-99 grant regulation the amount determined on account of teacher compensation allocation for elementary pupils calculated under paragraph 8 of subsection (3). 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 36 (1) of the 1998-99 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 37 (2) of the 1998-99 grant regulation or, where a supplementary secondary school area factor is approved for the board under subsection 37 (6) of that Regulation, the adjusted secondary school area requirement determined for the board under paragraph 12 of subsection 37 (2) of that Regulation, by the benchmark operating cost of $55.97. 11. Total the amounts determined for the board under paragraphs 1 to 10. 12. Divide the total obtained under paragraph 11 by the day school A.D.E. for the board, counting only secondary school pupils of the board. 13. Where an amount calculated in accordance with section 46 of the 1998-99 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 12: i. Take the amount calculated for the board under subsection 46 (2) of the 1998-99 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. 14. Where an amount calculated in accordance with section 47 of the 1998-99 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 12: i. Take the amount calculated for the board under subsection 47 (2) of the 1998-99 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 1998-99 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 as a second 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 1998-99 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. 288/98, s. 3. Fees Charged to Parties Residing in Ontario