Pupil accommodation allocation
39. (1) The amount of the pupil accommodation allocation for a district school board for the fiscal year is the total of the amounts specified in subsection (2). O. Reg. 341/06, s. 39 (1). (2) The amounts mentioned in subsection (1) are the following: 1. The amount for school operations. 2. The amount for school renewal. 2.1 The amount for urgent and high priority renewal projects. 3. The amount for new pupil places. 4. The amount for primary class size reduction. 5. The amount for growth schools. 5.1 The amount for the capital transitional adjustment. 5.2 The amount for the replacement of schools that are prohibitive to repair. 5.3 The amount for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act. 6. The amount for outstanding capital commitments. O. Reg. 341/06, s. 39 (2); O. Reg. 46/07, s. 2 (1, 2); O. Reg. 149/07, s. 8 (1). (3) The amount for the board for the fiscal year for school operations is determined as follows: 1. Determine the 2006-2007 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 9.7 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 2006-2007 fiscal year, in accordance with section 2 of the 2006-2007 day school A.D.E. regulation, counting only pupils who are at least 21 years of age on December 31, 2006. 5. Determine the continuing education average daily enrolment for the board for the 2006-2007 fiscal year, in accordance with section 3 of the 2006-2007 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 (4) of the 2006-2007 fees regulation. 6. Determine the summer school average daily enrolment for the board for the fiscal year, in accordance with section 4 of the 2006-2007 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 (5) of the 2006-2007 fees regulation. 7. Take the total number of pupil places in education programs provided by the board that are qualifying education programs within the meaning of subsection 23 (2) for which instruction is provided on board premises. 8. Add the numbers determined under paragraphs 4, 5, 6 and 7. 9. Multiply the total determined under paragraph 8 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. 10. Determine the adjusted continuing education and other programs area requirement for the board in metres squared by applying, to the amount determined under paragraph 9, the supplementary continuing education and other programs area factor approved for the board by the Minister in accordance with subsection (6). 11. Determine the 2006-2007 day school average daily enrolment of secondary school pupils of the board. 12. Multiply the number determined under paragraph 11 by the benchmark area requirement per pupil of 12.07 metres squared to obtain the secondary school area requirement for the board. 13. Determine the adjusted secondary school area requirement for the board in metres squared by applying, to the amount determined under paragraph 12, the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8). 14. 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 10. iii. The adjusted secondary school area requirement for the board determined under paragraph 13. 15. Multiply the number obtained under paragraph 14 by the benchmark operating cost of $64.28 per metre squared. 16. For each elementary school of the board, calculate a top-up amount for school operations as follows: i. Determine the 2006-2007 enrolment. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (49). 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 9.7 metres squared. iv. Multiply the number determined under subparagraph iii by the benchmark operating cost of $64.28 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. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 9.7 metres squared. vii. Multiply the number determined under subparagraph vi by the benchmark operating cost of $64.28 per metre squared. 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. Take the lesser of the number determined under subparagraph ix and the number determined under subparagraph x to obtain the top-up amount for school operations for the elementary school. However, 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 operations for the elementary school is zero. 17. Total the top-up amounts determined under paragraph 16 for each elementary school of the board. 18. Total the amounts that were determined for each elementary school of the board under paragraph 15 of subsection 37 (3) of the 2003-2004 grant regulation. 19. Subtract the amount determined under paragraph 18 from the amount that was determined in respect of the board under paragraph 16.2 of subsection 37 (3) of the 2003-2004 grant regulation. 20. Add the amount determined under paragraph 19 to the amount set out in Column 2 of Table 4 opposite the name of the board. 21. Revoked: O. Reg. 149/07, s. 8 (2). 22. Calculate the total of the amounts determined under paragraph 16 for each rural elementary school of the board. 23. For every school of the board that meets the following criteria, subtract the amount determined under paragraph 15 of subsection 37 (3) of the 2003-2004 grant regulation in respect of the school from the amount determined in respect of the school under paragraph 16.1 of that subsection of that regulation: i. The school is a rural elementary school of the board. ii. The school is a distant elementary school of the board, within the meaning of subsection 29 (2.1) of the 2003-2004 grant regulation. iii. The school is not listed in Column 3 of Table 3 of the 2005-2006 grant regulation. 24. Calculate the total of the amounts determined in respect of schools of the board under paragraph 23. 25. Add the amounts determined under paragraphs 22 and 24 to the total of the amounts set out in Column 6 of Table 4 of the 2005-2006 grant regulation opposite the names of elementary schools of the board that are rural elementary schools. 26. Subtract the amount determined under paragraph 25 from the total of the amounts determined in respect of rural elementary schools of the board under subparagraph 16 x. If the difference is negative, it is deemed to be zero. 27. For each secondary school of the board, calculate a top-up amount for school operations as follows: i. Determine the 2006-2007 enrolment. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (50). 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 $64.28 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. 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 benchmark operating cost of $64.28 per metre squared. 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. Take the lesser of the number determined under subparagraph ix and the number determined under subparagraph x to obtain the top-up amount for school operations for the secondary school. However, 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 operations for the secondary school is zero. 28. Total the top-up amounts for school operations determined under paragraph 27 for each secondary school of the board. 29. Total the amounts that were determined for each secondary school of the board under paragraph 17 of subsection 37 (3) of the 2003-2004 grant regulation. 30. Subtract the amount determined under paragraph 29 from the amount that was determined in respect of the board under paragraph 18.2 of subsection 37 (3) of the 2003-2004 grant regulation. 31. Add the amount determined under paragraph 30 to the amount set out in Column 3 of Table 4 opposite the name of the board. 32. Revoked: O. Reg. 149/07, s. 8 (3). 33. Calculate the total of the amounts determined under paragraph 27 for each rural secondary school of the board. 34. For every school of the board that meets the following criteria, subtract the amount determined under paragraph 17 of subsection 37 (3) of the 2003-2004 grant regulation in respect of the school from the amount determined in respect of the school under paragraph 18.1 of that subsection of that regulation: i. The school is a rural secondary school of the board. ii. The school is a distant secondary school of the board, within the meaning of subsection 29 (2.6) of the 2003-2004 grant regulation. iii. The school is not listed in Column 4 of Table 3 of the 2005-2006 grant regulation. 35. Calculate the total of the amounts determined in respect of schools of the board under paragraph 34. 36. Add the amounts determined under paragraphs 33 and 35 to the total of the amounts set out in Column 6 of Table 4 of the 2005-2006 grant regulation opposite the names of secondary schools of the board that are rural secondary schools. 37. Subtract the amount determined under paragraph 36 from the total of the amounts determined in respect of rural secondary schools of the board under subparagraph 27 x. If the difference is negative, it is deemed to be zero. 38. Take the lesser of, i. the amount for renewal software licensing fees set out in Column 2 of Table 10 opposite the name of the board, and ii. the board’s expenditure for renewal software licensing fees as reported to the Ministry in the board’s annual financial statements for the school board fiscal year. 39. Take the community use of schools compensation amount set out in Column 2 of Table 11 opposite the name of the board. 40. Total the amounts determined under paragraphs 15, 17, 20, 26, 28, 31, 37, 38 and 39. O. Reg. 341/06, s. 39 (3); O. Reg. 46/07, s. 2 (3); O. Reg. 149/07, s. 8 (2-4). (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. 341/06, s. 39 (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. 341/06, s. 39 (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. 341/06, s. 39 (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. 341/06, s. 39 (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. 341/06, s. 39 (8). (9) The amount for the board for the fiscal year 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 12 opposite the name of the board. 2. Apply the percentage referred to in paragraph 1 to the benchmark renewal cost per metre squared of $7.03. 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 12 opposite the name of the board. 4. Apply the percentage referred to in paragraph 3 to the benchmark renewal cost per metre squared of $10.54. 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 12 opposite the name of the board. 8. Apply the percentage referred to in paragraph 7 to the benchmark renewal cost per metre squared of $7.03. 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 12 opposite the name of the board. 10. Apply the percentage referred to in paragraph 9 to the benchmark renewal cost per metre squared of $10.54. 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 13 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 10 of subsection (3). 14. For each elementary school of the board, calculate a top-up amount for school renewal as follows: i. Determine the 2006-2007 enrolment. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (49). 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 9.7 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 9.7 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. Take the lesser of the number determined under subparagraph ix and the number determined under subparagraph x to obtain the top-up amount for school renewal for the elementary school. However, 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 elementary school is zero. 15. Total the top-up amounts for school renewal determined under paragraph 14 for each elementary school of the board. 16. Total the amounts that were determined for each elementary school of the board under paragraph 14 of subsection 37 (9) of the 2003-2004 grant regulation. 17. Subtract the amount determined under paragraph 16 from the amount that was determined in respect of the board under paragraph 15 of subsection 37 (9) of the 2003-2004 grant regulation. 18. Add the amount determined under paragraph 17 to the amount set out in Column 4 of Table 4 opposite the name of the board. 19. Revoked: O. Reg. 149/07, s. 8 (5). 20. Calculate the total of the amounts determined under paragraph 14 for each rural elementary school of the board. 21. For every school of the board that meets the following criteria, subtract the amount determined under paragraph 14 of subsection 37 (9) of the 2003-2004 grant regulation in respect of the school from the amount determined in respect of the school under paragraph 14.1 of that subsection of that regulation: i. The school is a rural elementary school of the board. ii. The school is a distant elementary school of the board, within the meaning of subsection 29 (2.1) of the 2003-2004 grant regulation. iii. The school is not listed in Column 3 of Table 3 of the 2005-2006 grant regulation. 22. Calculate the total of the amounts determined in respect of schools of the board under paragraph 21. 23. Add the amounts determined under paragraphs 20 and 22 to the total of the amounts set out in Column 7 of Table 4 of the 2005-2006 grant regulation opposite the names of elementary schools of the board that are rural elementary schools. 24. Subtract the amount determined under paragraph 23 from the total of the amounts determined in respect of rural elementary schools of the board under subparagraph 14 x. If the difference is negative, it is deemed to be zero. 25. For each secondary school of the board, calculate a top-up amount for school renewal as follows: i. Determine the 2006-2007 enrolment. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (50). 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. Take the lesser of the number determined under subparagraph ix and the number determined under subparagraph x to obtain the top-up amount for school renewal for the secondary school. However, 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 secondary school is zero. 26. Total the top-up amounts for school renewal determined under paragraph 25 for each secondary school of the board. 27. Total the amounts that were determined for each secondary school of the board under paragraph 16 of subsection 37 (9) of the 2003-2004 grant regulation. 28. Subtract the amount determined under paragraph 27 from the amount that was determined in respect of the board under paragraph 17 of subsection 37 (9) of the 2003-2004 grant regulation. 29. Add the amount determined under paragraph 28 to the amount set out in Column 5 of Table 4 opposite the name of the board. 30. Revoked: O. Reg. 149/07, s. 8 (7). 31. Calculate the total of the amounts determined under paragraph 25 for each rural secondary school of the board. 32. For every school of the board that meets the following criteria, subtract the amount determined under paragraph 16 of subsection 37 (9) of the 2003-2004 grant regulation in respect of the school from the amount determined in respect of the school under paragraph 16.1 of that subsection of that regulation: i. The school is a rural secondary school of the board. ii. The school is a distant secondary school of the board, within the meaning of subsection 29 (2.6) of the 2003-2004 grant regulation. iii. The school is not listed in Column 4 of Table 3 of the 2005-2006 grant regulation. 33. Calculate the total of the amounts determined in respect of schools of the board under paragraph 32. 34. Add the amounts determined under paragraphs 31 and 33 to the total of the amounts set out in Column 7 of Table 4 of the 2005-2006 grant regulation opposite the names of secondary schools of the board that are rural secondary schools. 35. Subtract the amount determined under paragraph 34 from the total of the amounts determined in respect of rural secondary schools of the board under subparagraph 25 x. If the difference is negative, it is deemed to be zero. 36. Take the amount for school renewal enhancement set out opposite the name of the board in Table 13. 37. Total the amounts determined under paragraphs 6, 12, 13, 15, 24, 26, 35 and 36. 38. Multiply the sum determined under paragraph 37 by the geographic adjustment factor specified for the board in Column 3 of Table 14. 39. Total the amounts determined under paragraphs 18, 29 and 38. 40.-42. Revoked: O. Reg. 46/07, s. 2 (5). O. Reg. 341/06, s. 39 (9); O. Reg. 460/06, s. 2 (1, 2); O. Reg. 46/07, s. 2 (4, 5); O. Reg. 149/07, s. 8 (5-8). (9.1) The amount for the board for the fiscal year for urgent and high priority renewal projects is determined as follows: 1. Determine the portion of the cost of urgent and high priority renewal projects described in subsection (10) and set out in Column 2 of Table 15 opposite the name of the board, that was incurred by the board in each of the 2004-2005, 2005-2006 and 2006-2007 fiscal years for construction or renovation work that began on or after March 18, 2005. 2. Total the portions determined under paragraph 1 for the three fiscal years. 3. Determine the portion of the cost of urgent and high priority renewal projects described in subsection (10.1) and set out in Column 3 of Table 15 opposite the name of the board, that was incurred by the board in each of the 2005-2006 and 2006-2007 fiscal years for construction or renovation work that began on or after January 1, 2006. 4. Total the portions determined under paragraph 3 for the two fiscal years. 5. Add the amounts determined under paragraphs 2 and 4. 6. Determine the portion of the amount determined under paragraph 5 in respect of which the board incurred short-term interest. 7. Take the lesser of, i. the amount of short-term interest incurred by the board in the 2006-2007 fiscal year in respect of the portion determined under paragraph 6, and ii. the amount of short-term interest that the board would incur in the 2006-2007 fiscal year in respect of the portion determined under paragraph 6 if each amount borrowed were subject to an annual interest rate of not more than 0.13 per cent greater than the annual interest rate for three-month bankers’ acceptances applicable at the time of borrowing. 8. Determine the portion of the amount determined under paragraph 5 in respect of which the board did not incur interest. 9. Determine the amount of short-term interest that the board would incur in the 2006-2007 fiscal year in respect of the portion referred to in paragraph 8 if the amount of each cost making up the portion were borrowed on the date that it was withdrawn from reserves of the board, at the annual interest rate for three-month bankers’ acceptances applicable on September 1, 2006. 10. Determine the total of the principal and interest payments incurred by the board in the 2006-2007 fiscal year in respect of, i. funds that the board borrowed from the Ontario Financing Authority to pay the costs or a portion of the costs under paragraph 5, and ii. the lender’s fee charged to the board by the Ontario Financing Authority for the funds borrowed. 11. Add the amounts, if any, determined under paragraphs 7, 9 and 10. O. Reg. 149/07, s. 8 (9); O. Reg. 506/07, s. 1 (1). (10) For the purposes of paragraph 1 of subsection (9.1), an urgent and high priority renewal project is a project that, (a) is at a school of the board listed in Appendix B of the document entitled “Good Places to Learn: Stage 1 Funding Allocation”, which is available as described in subsection 3 (6); and (b) has been approved by the Minister, as indicated in the document mentioned in clause (a), on the basis that the project addresses an urgent and high priority renewal need at the school. O. Reg. 341/06, s. 39 (10); O. Reg. 46/07, s. 2 (7); O. Reg. 149/07, s. 8 (10). (10.1) For the purposes of paragraph 3 of subsection (9.1), an urgent and high priority renewal project is a project that, (a) has been undertaken at a school of the board listed in Appendix C of the document entitled “Good Places to Learn: Stage 2 Funding Allocation” which is available as described in subsection 3 (6); and (b) has been approved by the Minister, as indicated in the document mentioned in clause (a), on the basis that the project addresses an urgent and high priority renewal need at the school. O. Reg. 460/06, s. 2 (3); O. Reg. 46/07, s. 2 (8); O. Reg. 149/07, s. 8 (11); O. Reg. 506/07, s. 1 (2). (11) The amount for the board for the fiscal year for new pupil places is determined as follows: 1. Determine the number of new elementary pupil places that the board reports, by August 31, 2005, were constructed by September 30, 2003 and financed in whole or in part with amounts calculated for the board under a predecessor of this subsection. For the purpose, a new pupil place shall be determined by the board in accordance with the Instruction Guide, which is available as described in subsection 3 (1). The board shall make the report on a form specified by the Minister. 2. Determine the number of new elementary pupil places that have been constructed by September 30, 2006, that are under construction on that date, or for which the board has awarded a tender for construction on or before that date. 3. Determine the number of new elementary pupil places that have been constructed by March 31, 2007, that are under construction on that date, or for which the board has awarded a tender for construction on or before that date. 4. Determine the construction costs that are reported by August 31, 2007 on a form specified by the Minister, for projects that make permanent additions to elementary schools with respect to instructional spaces to which a loading of zero applies, as determined under subsection (22), where, i. construction of the project is completed by September 30, 2006, ii. the project is under construction on that date, or iii. the board has awarded a tender for construction of the project on or before that date. 5. Determine the amount that is payable in the 2006-2007 fiscal year if the amount determined under paragraph 4 is amortized over 25 years at an annual interest rate of 5.25 per cent, with no compounding. 6. Determine the construction costs that are reported by August 31, 2007 on a form specified by the Minister, for projects that make permanent additions to elementary schools with respect to instructional spaces to which a loading of zero applies, as determined under subsection (22), where, i. construction of the project is completed by March 31, 2007, ii. the project is under construction on that date, or iii. the board has awarded a tender for construction of the project on or before that date. 7. Determine the amount that is payable in the 2006-2007 fiscal year if the amount determined under paragraph 6 is amortized over 25 years at an annual interest rate of 5.25 per cent, with no compounding. 8. Determine the leasing costs for new elementary pupil places paid in the 2006-2007 fiscal year and reported by August 31, 2007 on a form specified by the Minister. 9. Determine the costs for temporary accommodation of new elementary pupil places that are incurred in the 2005-2006 or 2006-2007 fiscal year and reported by August 31, 2007 on a form specified by the Minister, where the accommodation costs do not include amounts determined under paragraph 8. 9.1 Subtract the amount determined in respect of the board under paragraph 9 of subsection 36 (10) of the 2005-2006 grant regulation from the amount determined under paragraph 9. 10. Determine the amount that is payable in the 2006-2007 fiscal year if the amount determined under paragraph 9.1 is amortized over 25 years at an annual interest rate of 5.25 per cent, with no compounding. 11. Total the amounts determined under paragraphs 8 and 10. 12. Multiply the number determined under paragraph 1 by the pre-September, 2005, benchmark area requirement per pupil of 9.29 metres squared. 13. Multiply the product determined under paragraph 12 by the pre-September, 2004, benchmark construction cost of $118.40 per metre squared. 14. Multiply the amount determined under paragraph 13 by the geographic adjustment factor set out in Column 2 of Table 14 opposite the name of the board. 15. Subtract the number determined under paragraph 1 from the number determined under paragraph 2. 16. Multiply the number determined under paragraph 15 by the benchmark area requirement per pupil of 9.7 metres squared. 17. Multiply the product determined under paragraph 16 by the benchmark construction cost of $120.77 per metre squared. 18. Multiply the amount determined under paragraph 17 by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. 19. Subtract the number determined under paragraph 2 from the number determined under paragraph 3. 20. Multiply the number determined under paragraph 19 by the benchmark area requirement per pupil of 9.7 metres squared. 21. Multiply the product determined under paragraph 20 by the benchmark construction cost of $120.77 per metre squared. 22. Multiply the amount determined under paragraph 21 by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. 23. Subtract the amount determined under paragraph 5 from the amount determined under paragraph 7. 24. Total the amounts determined under paragraphs 22 and 23. 25. Multiply the amount determined under paragraph 24 by 0.37. 26. Total the amounts determined under paragraphs 5, 11, 14, 18 and 25. 27. For each elementary facility of the board that was also an elementary facility in the 2005-2006 fiscal year, apply the loadings determined under subsection 37 (16) of the 2004-2005 grant regulation to the instructional spaces of the facility, as categorized under that subsection. 28. Total the numbers determined under paragraph 27 for the elementary facilities of the board. 29. Total the numbers, if any, determined in respect of the board under the following provisions: i. Subsection (24), if it applies as described in subsection (23). ii. Subsection (35), if it applies as described in subsection (34). iii. Subsection (38), if it applies as described in subsection (37). iv. Paragraph 2 of subsection 36 (18) of the 2005-2006 grant regulation. v. Paragraph 2 of subsection 36 (29) of the 2005-2006 grant regulation. vi. Paragraph 4 of subsection 36 (32) of the 2005-2006 grant regulation. 30. Subtract the number determined under paragraph 29 from the number determined under paragraph 28. 31. Add to the number determined under paragraph 30 the sum of the numbers, if any, determined in respect of the board under the following provisions: i. Subsection (27), if it applies as described in subsection (26). ii. Subsection (32), if it applies as described in subsection (30). iii. Subsection (40). iv. Subsection (17). v. Subsection (45), if it applies as described in subsection (44). vi. Paragraph 2 of subsection 36 (21) of the 2005-2006 grant regulation. vii. Paragraph 4 of subsection 36 (26) of the 2005-2006 grant regulation. viii. Paragraph 5 of subsection 36 (34) of the 2005-2006 grant regulation. ix. Subsection 36 (11) of the 2005-2006 grant regulation. x. Paragraph 5 of subsection 36 (39) of the 2005-2006 grant regulation. 32. Subtract the number determined under paragraph 31 from the 2006-2007 day school average daily enrolment of elementary school pupils of the board. If the difference is negative, the number determined under this paragraph is deemed to be zero. 33. Add to the number determined under paragraph 32 the sum of the numbers, if any, each of which is the number of the board’s new pupil places to meet elementary enrolment pressures as calculated for a prior school board fiscal year. 34. Add to the number determined under paragraph 33 the sum of the numbers, if any, of new elementary pupil places that are needed for the purpose of accounting for the capital transitional adjustment, set out in Column 4 of Table 16 opposite the name of the board. 35. Add to the number determined under paragraph 34 the number, if any, of new elementary pupil places that are needed for the 2005 capital policy adjustment, set out in Column 2 of Table 17 opposite the name of the board. 36. Subtract the number determined in respect of the board under paragraph 2 of subsection 37 (10) of the 2003-2004 grant regulation from the number determined in respect of the board under paragraph 3.2 of that subsection of that regulation. If the difference is negative, the number determined under this paragraph is deemed to be zero. 37. Total the numbers determined under paragraphs 35 and 36. 38. Add to the number determined under paragraph 37 the number, if any, of the board’s new pupil places in respect of its elementary schools for which the cost of repair is prohibitive as calculated for a prior school board fiscal year, named in Column 3 of Table 16.2 opposite the name of the board in Column 1 of the Table. 39. If the number determined under paragraph 32 is zero, add to the number determined under paragraph 38 the number, if any, of the board’s new pupil places to meet elementary enrolment pressures as determined under subsection (17). 40. Take the lesser of the numbers determined under, i. paragraph 1, and ii. paragraph 38 or 39, as the case may be. 41. Subtract the number determined under paragraph 40 from the number determined under paragraph 38 or 39, as the case may be. 42. Multiply the number determined under paragraph 40 by the pre-September, 2005, benchmark area requirement per pupil of 9.29 metres squared. 43. Multiply the product determined under paragraph 42 by the pre-September, 2004, benchmark construction cost of $118.40 per metre squared. 44. Multiply the amount determined under paragraph 43 by the geographic adjustment factor set out in Column 2 of Table 14 opposite the name of the board. 45. Multiply the number determined under paragraph 41 by the benchmark area requirement per pupil of 9.7 metres squared. 46. Multiply the product determined under paragraph 45 by the benchmark construction cost of $120.77 per metre squared. 47. Multiply the amount determined under paragraph 46 by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. 48. Total the amounts determined under paragraphs 44 and 47. 49. Determine the number of new secondary pupil places that the board reports, by August 31, 2005, were constructed by September 30, 2003 and financed in whole or in part with amounts calculated for the board under a predecessor of this subsection. For the purpose, a new pupil place shall be determined by the board in accordance with the Instruction Guide, which is available as described in subsection 3 (1). The board shall make the report on a form specified by the Minister. 50. Determine the number of new secondary pupil places that have been constructed by September 30, 2006, that are under construction on that date, or for which the board has awarded a tender for construction on or before that date. 51. Determine the number of new secondary pupil places that have been constructed by March 31, 2007, that are under construction on that date, or for which the board has awarded a tender for construction on or before that date. 52. Determine the construction costs that are reported by August 31, 2007 on a form specified by the Minister, for projects that make permanent additions to secondary schools with respect to instructional spaces to which a loading of zero applies, as determined under subsection (22), where, i. construction of the project is completed by September 30, 2006, ii. the project is under construction on that date, or iii. the board has awarded a tender for construction of the project on or before that date. 53. Determine the amount that is payable in the 2006-2007 fiscal year if the amount determined under paragraph 52 is amortized over 25 years at an annual interest rate of 5.25 per cent, with no compounding. 54. Determine the construction costs that are reported by August 31, 2007 on a form specified by the Minister, for projects that make permanent additions to secondary schools with respect to instructional spaces to which a loading of zero applies, as determined under subsection (22), where, i. construction of the project is completed by March 31, 2007, ii. the project is under construction on that date, or iii. the board has awarded a tender for construction of the project on or before that date. 55. Determine the amount that is payable in the 2006-2007 fiscal year if the amount determined under paragraph 54 is amortized over 25 years at an annual interest rate of 5.25 per cent, with no compounding. 56. Determine the leasing costs for new secondary pupil places paid in the 2006-2007 fiscal year and reported by August 31, 2007 on a form specified by the Minister. 57. Determine the costs for temporary accommodation of new secondary pupil places that have been incurred in the 2005-2006 or 2006-2007 fiscal year and reported by August 31, 2007 on a form specified by the Minister, where the accommodation costs do not include amounts determined under paragraph 56. 57.1 Subtract the amount determined in respect of the board under paragraph 54 of subsection 36 (10) of the 2005-2006 grant regulation from the amount determined under paragraph 57. 58. Determine the amount that is payable in the 2006-2007 fiscal year if the amount determined under paragraph 57.1 is amortized over 25 years at an annual interest rate of 5.25 per cent, with no compounding. 59. Total the amounts determined under paragraphs 56 and 58. 60. Multiply the number determined under paragraph 49 by the benchmark area requirement per pupil of 12.07 metres squared. 61. Multiply the product determined under paragraph 60 by the pre-September, 2004, benchmark construction cost of $129.17 per metre squared. 62. Multiply the amount determined under paragraph 61 by the geographic adjustment factor set out in Column 2 of Table 14 opposite the name of the board. 63. Subtract the number determined under paragraph 49 from the number determined under paragraph 50. 64. Multiply the number determined under paragraph 63 by the benchmark area requirement per pupil of 12.07 metres squared. 65. Multiply the product determined under paragraph 64 by the benchmark construction cost of $131.75 per metre squared. 66. Multiply the amount determined under paragraph 65 by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. 67. Subtract the number determined under paragraph 50 from the number determined under paragraph 51. 68. Multiply the number determined under paragraph 67 by the benchmark area requirement per pupil of 12.07 metres squared. 69. Multiply the product determined under paragraph 68 by the benchmark construction cost of $131.75 per metre squared. 70. Multiply the amount determined under paragraph 69 by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. 71. Subtract the amount determined under paragraph 53 from the amount determined under paragraph 55. 72. Total the amounts determined under paragraphs 70 and 71. 73. Multiply the amount determined under paragraph 72 by 0.37. 74. Total the amounts determined under paragraphs 53, 59, 62, 66 and 73. 75. Determine the 2006-2007 day school average daily enrolment of secondary school pupils of the board. 76. Subtract the secondary capacity for the board as determined under subsection (21) from the number determined under paragraph 75. If the difference is negative, the number determined under this paragraph is deemed to be zero. 77. Add to the number determined under paragraph 76 the sum of the numbers, if any, each of which is the number of the board’s new pupil places to meet secondary enrolment pressures as calculated for a prior school board fiscal year. 78. Add to the number determined under paragraph 77 the sum of the numbers, if any, of new secondary pupil places that are needed for the purpose of accounting for the capital transitional adjustment, set out in Column 5 of Table 16 opposite the name of the board. 79. Add to the number determined under paragraph 78 the number, if any, of new secondary pupil places that are needed for the 2005 capital policy adjustment, set out in Column 3 of Table 17 opposite the name of the board. 80. Subtract the number determined in respect of the board under paragraph 17 of subsection 37 (10) of the 2003-2004 grant regulation from the number determined in respect of the board under paragraph 18.2 of that subsection of that regulation. If the difference is negative, the number determined under this paragraph is deemed to be zero. 81. Total the numbers determined under paragraphs 79 and 80. 82. Add to the number determined under paragraph 81 the number, if any, of the board’s new pupil places in respect of its secondary schools for which the cost of repair is prohibitive as calculated for a prior school board fiscal year, named in Column 4 of Table 16.2 opposite the name of the board in Column 1 of the Table. 83. If the number determined under paragraph 76 is zero, add to the number determined under paragraph 82 the number, if any, of the board’s new pupil places to meet secondary enrolment pressures as determined under subsection (19). 84. Take the lesser of the numbers determined under, i. paragraph 49, and ii. paragraph 82 or 83, as the case may be. 85. Subtract the number determined under paragraph 84 from the number determined under paragraph 82 or 83, as the case may be. 86. Multiply the number determined under paragraph 84 by the benchmark area requirement per pupil of 12.07 metres squared. 87. Multiply the product determined under paragraph 86 by the pre-September, 2004, benchmark construction cost of $129.17 per metre squared. 88. Multiply the amount determined under paragraph 87 by the geographic adjustment factor set out in Column 2 of Table 14 opposite the name of the board. 89. Multiply the number determined under paragraph 85 by the benchmark area requirement per pupil of 12.07 metres squared. 90. Multiply the product determined under paragraph 89 by the benchmark construction cost of $131.75 per metre squared. 91. Multiply the amount determined under paragraph 90 by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. 92. Total the amounts determined under paragraphs 88 and 91. 93. Total the amounts determined under paragraphs 26 and 74. 94. Total the amounts determined under paragraphs 48 and 92. 95. Add to the amount determined under paragraph 94 the amount, if any, calculated in respect of the board under paragraph 35 of subsection 37 (10) of the 2004-2005 grant regulation. 96. Take the lesser of the amounts determined under paragraphs 93 and 95. 97. Determine the portion of each capital project of the board that was wholly or partially funded with amounts calculated under this subsection or a predecessor of this subsection for a prior school board fiscal year, where capital projects are projects for purposes established under section 1 of Ontario Regulation 446/98 (Reserve Funds) made under the Act and includes projects that have been constructed, that are under construction or for which a tender for construction has been awarded on or before August 31, 2007. 98. For each capital project described in paragraph 97, determine the debt incurred between August 31, 1998 and August 31, 2007, in respect of the portion of the project determined under paragraph 97, where debt does not include, A. debt incurred to finance the construction of new elementary pupil places needed for primary class size reduction under subsection (12), B. debt incurred to finance the construction of new elementary pupil places or new secondary pupil places described in the plan submitted under subsection (15) in relation to the growth schools amount, C. debt related to the amounts determined under subsections (16.0.1), (16.0.2), (16.1) and (48), or D. non-permanently financed debt or permanently financed debt, within the meaning of subsection 40 (2). 99. Total the amounts determined under paragraph 98 for the capital projects described in paragraph 97. 100. Determine the debt service costs incurred in the 2006-2007 fiscal year in respect of the amount determined under paragraph 99. 100.1 For each multi-year lease entered into wholly or partly for the purpose of providing instructional space, other than for providing new pupil places needed for the primary class size reduction, determine the amount payable in the 2006-2007 fiscal year in relation to the provision of instructional space. 100.2 Total the amounts determined under paragraph 100.1 for all the multi-year leases described in that paragraph. 100.3 Total the amounts determined under paragraphs 100 and 100.2. 101. Subtract the amount determined under paragraph 96 from the amount determined under paragraph 95. If the difference is negative, the number determined under this paragraph is deemed to be zero. 102. Subtract the amount determined under paragraph 96 from the amount determined under paragraph 100.3. If the difference is negative, the number determined under this paragraph is deemed to be zero. 103. Take the lesser of the amounts determined under paragraphs 101 and 102. 104. Total the amounts determined under paragraphs 96 and 103. 105. Determine the portion of each capital project of the board that was wholly or partially funded with amounts calculated under this subsection or a predecessor of this subsection for a prior school board fiscal year, where capital projects are projects for purposes established under section 1 of Ontario Regulation 446/98 (Reserve Funds) made under the Act and includes projects that have been constructed, that are under construction or for which a tender for construction has been awarded on or before August 31, 2006. 106. For each capital project described in paragraph 105, determine the debt incurred between August 31, 1998 and August 31, 2007, in respect of the portion of the project determined under paragraph 105, where debt does not include, A. debt incurred to finance the construction of new elementary pupil places needed for primary class size reduction under subsection (12), B. debt incurred to finance the construction of new elementary pupil places or new secondary pupil places described in the plan submitted under subsection (15) in relation to the growth schools amount, C. debt related to the amounts determined under subsections (16.0.1), (16.0.2), (16.1) and (48), or D. non-permanently financed debt or permanently financed debt, within the meaning of subsection 40 (2). 107. Total the amounts determined under paragraph 106 for the capital projects described in paragraph 105. 108. Determine the debt service costs incurred in the 2006-2007 fiscal year in respect of the amount determined under paragraph 107. 109. For each multi-year lease entered into on or before August 31, 2006 wholly or partly for the purpose of providing instructional space, other than for providing new pupil places needed for the primary class size reduction, determine the amount payable in the 2006-2007 fiscal year in relation to the provision of instructional space. 110. Total the amounts determined under paragraph 109 for all the multi-year leases described in that paragraph. 111. Total the amounts determined under paragraphs 108 and 110. 112. Determine an amount for the board using the formula set out in subsection (11.1). 113. Subtract the amount determined under paragraph 112 from the amount determined under paragraph 111. If the difference is negative, the amount determined under this paragraph is deemed to be zero. 114. If the amount determined under paragraph 113 is less than or equal to the amount determined under paragraph 95, the amount determined under this paragraph is deemed to be zero. If the amount determined under paragraph 113 is greater than the amount determined under paragraph 95, calculate an amount as follows: i. Determine the number of the board’s new pupil places to meet elementary enrolment pressures, as determined under subsection (17) or a predecessor of that subsection, that are to be provided in projects other than those that have been constructed, that are under construction or for which a tender for construction has been awarded on or before March 31, 2006. ii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 9.7 metres squared. iii. Multiply the number determined under subparagraph ii by the benchmark construction cost of $120.77 per metre squared. iv. Multiply the amount determined under subparagraph iii by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. v. Determine the number of the board’s new pupil places to meet secondary enrolment pressures, as determined under subsection (19) or a predecessor of that subsection, that are to be provided in projects other than those that have been constructed, that are under construction or for which a tender for construction has been awarded on or before March 31, 2006. vi. Multiply the number determined under subparagraph v by the benchmark area requirement per pupil of 12.07 metres squared. vii. Multiply the number determined under subparagraph vi by the benchmark construction cost of $131.75 per metre squared. viii. Multiply the amount determined under subparagraph vii by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. ix. Total the amounts determined under subparagraphs iv and viii. 115. Subtract the amount determined under paragraph 114 from the amount determined under paragraph 95. 116. Subtract the amount determined under paragraph 115 from the amount determined under paragraph 113. If the difference is negative, the amount determined under this paragraph is deemed to be zero. 117. Total the amounts that are in the board’s pupil accommodation allocation reserve fund and proceeds of disposition reserve fund on August 31, 2006, as reported in the board’s financial statements for the 2005-2006 school board fiscal year. 118. Total the amounts, if any, set out in Column 7 of Table 16.3 opposite the name of the board. 119. Total the amounts, if any, set out in Column 7 of Table 16.1 opposite the name of the board. 120. Total the amounts determined in paragraphs 118 and 119. 121. Subtract the amount determined under paragraph 120 from the amount determined under paragraph 117. If the difference is negative, the amount determined under this paragraph is deemed to be zero. 122. Adjust the amount determined under paragraph 121 to take into account resolutions of the board passed after September 1, 2005 and before June 12, 2006 that either transfer funds from the reserve funds mentioned in that paragraph or commit the board to do so. 123. Take the lesser of the amounts determined under paragraphs 116 and 122. 124. Subtract the amount determined under paragraph 123 from the amount determined under paragraph 116. If the difference is negative, the amount determined under this paragraph is deemed to be zero. 125. Total the amounts determined under paragraphs 104 and 124. O. Reg. 341/06, s. 39 (11); O. Reg. 46/07, s. 2 (9-18); O. Reg. 149/07, s. 8 (12-16); O. Reg. 506/07, s. 1 (3-6); O. Reg. 544/07, s. 1; O. Reg. 581/07, s. 1 (1). (11.1) The formula referred to in paragraph 112 of subsection (11) is, (A – B) × 0.5 in which, “A” is the total of all transfers of $100,000 or more made in the fiscal year to the board’s proceeds of disposition reserve fund, and “B” is the amount of transfers from the board’s proceeds of disposition reserve fund that are authorized by resolutions of the board passed before August 31, 2007 for the purpose of acquiring, before August 31, 2010, in fee simple, a proposed school site in respect of which the conditions set out in subsection (11.2) are met. O. Reg. 149/07, s. 8 (17); O. Reg. 506/07, s. 1 (7). (11.2) The following are conditions for the calculation of “B” in subsection (11.1) and for the payment of the amount for new pupil places to a district school board: 1. The board submits a plan for the proposed school site by March 31, 2007 containing the board’s evaluation that, i. every pupil place that will be provided on the proposed school site will be provided in a facility on the site that will provide adequate accommodation for pupils of the board in each of the first ten school board fiscal years that the board operates a school on the site after acquiring it in fee simple, ii. for each elementary pupil place to be provided in a facility on the proposed school site, there is another elementary pupil place of the board located, A. within eight kilometres of the proposed school site, and B. on a school site that was leased continuously by the board since any date before January 1, 1999 until the date that the board acquires the fee simple for the proposed school site, iii. for each secondary pupil place to be provided in a facility on the proposed school site, there is another secondary pupil place of the board located, A. within 32 kilometres of the proposed school site, and B. on a school site that was leased continuously by the board since any date before January 1, 1999 until the date that the board acquires the fee simple for the proposed school site, and iv. over the first ten school board fiscal years in which the board operates a school on the proposed school site after acquiring it in fee simple, an average of 80 per cent or more of the pupil places that are provided in the facility on the proposed school site will be needed for accommodation of pupils of the board. 2. The Minister approves the plan on the basis that it contains all the information described in paragraph 1 and that it is reasonable. O. Reg. 149/07, s. 8 (17); O. Reg. 506/07, s. 1 (8). (12) The amount for the board for the fiscal year for new pupil places needed for the primary class size reduction, as described in subsection (12.1), is determined as follows: 1. For each multi-year lease entered into in the 2005-2006 fiscal year for the purpose of providing new pupil places needed for primary class size reduction, determine the total amount payable over the entire term of the lease. 2. Total the amounts determined under paragraph 1 for all the multi-year leases described in that paragraph. 3. Determine the costs for relocating and installing temporary accommodations that provide new pupil places needed for the primary class size reduction, if the costs are incurred by the board in the 2005-2006 fiscal year and reported by August 31, 2006, not including the amount determined under paragraph 2 or amounts associated with the initial installation of any temporary accommodations on school premises. 4. Determine the costs for temporary accommodations that provide new pupil places needed for the primary class size reduction, if the costs are incurred by the board in the 2005-2006 fiscal year and reported by August 31, 2006, not including amounts determined under paragraphs 2 and 3. 5. Determine the construction costs for program retrofits, described in subsection (13), incurred by the board in the 2004-2005 and 2005-2006 fiscal years and reported by August 31, 2006 that provide new pupil places needed for the primary class size reduction. 6. Determine the construction costs incurred by the board in the 2004-2005 and 2005-2006 fiscal years and reported by August 31, 2006 in respect of new pupil places needed for the primary class size reduction, not including the amount determined under paragraph 5. 7. Determine the construction costs incurred by the board and reported by August 31, 2006, in respect of new pupil places needed for the primary class size reduction for which construction was completed any time between September 1, 2004 and October 14, 2005, not including amounts determined under paragraphs 5 and 6. 8. Total the amounts determined under paragraphs 2 to 7. 9. Subtract the amount determined under paragraph 8 from the board’s total maximum capital entitlement for primary class size reduction set out in Column 2 of Table 18 opposite the name of the board. If the difference is negative, it is deemed to be zero. 10. For each multi-year lease entered into in the 2006-2007 fiscal year for the purpose of providing new pupil places needed for primary class size reduction, determine the total amount payable over the entire term of the lease. 11. Total the amounts determined under paragraph 10 for all the multi-year leases described in that paragraph. 12. Take the lesser of the amounts determined under paragraphs 9 and 11. 13. Determine the costs for relocating and installing temporary accommodations that provide new pupil places needed for the primary class size reduction, if the costs are incurred by the board in the 2006-2007 fiscal year and reported by August 31, 2007, not including the amount determined under paragraph 11 or amounts associated with the initial installation of any temporary accommodations on school premises. 14. Determine the costs for temporary accommodations that provide new pupil places needed for the primary class size reduction, if the costs are incurred by the board in the 2006-2007 fiscal year and reported by August 31, 2007, not including amounts determined under paragraphs 11 and 13. 15. Determine the construction costs for program retrofits, described in subsection (13), incurred by the board in the 2006-2007 fiscal year and reported by August 31, 2007 that provide new pupil places needed for the primary class size reduction. 16. Determine the construction costs incurred by the board in the 2006-2007 fiscal year and reported by August 31, 2007 in respect of new pupil places needed for the primary class size reduction, not including the amount determined under paragraph 15. 17. Total the amounts determined under paragraphs 4, 5, 6, 7, 14, 15 and 16. 18. Subtract the total of the amounts determined under paragraphs 2, 3, 12 and 13 from the board’s total maximum capital entitlement for primary class size reduction set out in Column 2 of Table 18 opposite the name of the board. If the difference is negative, it is deemed to be zero. 19. Take the lesser of the amounts determined under paragraphs 17 and 18. 20. Determine the portion of the amount under paragraph 17 in respect of which the board borrowed money under section 247 of the Act before March 31, 2007. 21. Take the lesser of the amounts determined under paragraphs 19 and 20. 22. Total the amounts determined under paragraphs 4, 5, 6 and 7. 23. Take the lesser of the amounts determined under paragraphs 19 and 22. 24. Determine the amount of interest that the board has paid or for which it is liable in the 2005-2006 fiscal year in connection with the financing of the amount determined under paragraph 23, as follows: i. Determine the portion of the amount determined under paragraph 23 in respect of which the board incurred short-term interest in the 2005-2006 fiscal year. ii. Determine the amount of short-term interest incurred by the board in the 2005-2006 fiscal year in respect of the portion determined in subparagraph i. iii. Determine the portion of the amount determined under paragraph 23 in respect of which the board did not incur interest in the 2005-2006 fiscal year. iv. Determine the amount of short-term interest that the board would incur in the 2005-2006 fiscal year in respect of the portion determined under subparagraph iii if the amount of each cost making up the portion were borrowed on the date that it was withdrawn from reserves of the board, at the annual interest rate for three-month bankers’ acceptances applicable on September 1, 2006. v. Total the amounts, if any, determined under subparagraphs ii and iv. 25. Determine the amount of interest that the board has paid or for which it is liable in the 2006-2007 fiscal year in connection with the financing of the amount determined under paragraph 19, as follows: i. Determine the portion of the amount determined under paragraph 19 in respect of which the board incurred short-term interest in 2006-2007 fiscal year. ii. Determine the amount of short-term interest incurred by the board in the 2006-2007 fiscal year in respect of the portion determined subparagraph i. iii. Determine the portion of the amount determined under paragraph 19 in respect of which the board did not incur interest in the 2006-2007 fiscal year. iv. Determine the amount of short-term interest that the board would incur in the 2006-2007 fiscal year in respect of the portion determined under subparagraph iii if the amount of each cost making up the portion were borrowed on the date that it was withdrawn from reserves of the board, at the annual interest rate for three-month bankers’ acceptances applicable on September 1, 2006. v. Total the amounts, if any, determined under subparagraphs ii and iv. 26. Determine the amount that is payable in the 2006-2007 fiscal year if the amount determined under paragraph 21 is amortized over 25 years at an annual interest rate of 5.25 per cent, with no compounding. 27. Determine the leasing costs for new pupil places needed for the primary class size reduction paid in the 2006-2007 fiscal year and reported by August 31, 2007. 28. Add the amount determined under paragraph 2 to the amount determined under paragraph 12. 29. Subtract the amount determined under paragraph 10 of subsection 36 (10.1) of the 2005-2006 grant regulation from the amount determined under paragraph 28 of this subsection. If the difference is negative, it is deemed to be zero. 30. Take the lesser of the amounts determined under paragraphs 27 and 29. 31. Subtract the amount determined under paragraph 12 from the amount determined under paragraph 9. If the difference is negative, it is deemed to be zero. 32. Take the lesser of the amounts determined under paragraphs 13 and 31. 33. Total the amounts determined under paragraphs 24, 25, 26, 30 and 32. 34. Subtract the amount determined under paragraph 13 of subsection 36 (10.1) of the 2005-2006 grant regulation from the amount determined under paragraph 25 of that subsection. 35. Total the amounts determined under paragraph 34 of this subsection and under paragraph 12 of subsection 36 (10.1) of the 2005-2006 grant regulation. 36. Take the lesser of, i. the costs for primary class size reduction in respect of which the board borrowed money under section 247 of the Act in the 2005-2006 fiscal year, and ii. the amount determined under paragraph 23. 37. Determine the total of the principal and interest payments incurred by the board in the 2005-2006 fiscal year in respect of the amount determined under paragraph 36. 38. Subtract the amount determined under paragraph 37 from the amount determined under paragraph 35. 39. Subtract the amount determined under paragraph 38 from the amount determined under paragraph 33. O. Reg. 149/07, s. 8 (18). (12.1) For the purposes of subsection (12), new pupil places are needed for the primary class size reduction if they are needed for the sole purpose of addressing the reduction in primary class size resulting from the change in the loadings determined under subsection 37 (16) of the 2004-2005 grant regulation and the loadings determined under subsection 36 (16) of the 2005-2006 grant regulation. O. Reg. 149/07, s. 8 (18). (13) For the purposes of subsection (12), a program retrofit is a construction project in a school that alters instructional space so that, (a) it has a higher loading under paragraph 2 of subsection (22) after the alteration than it did before, without enlarging the exterior dimensions of the school; or (b) it has a lower loading under paragraph 2 of subsection (22) after the alteration than it did before, and the lower loading is solely because of the conversion of instructional space to instructional space categorized as classrooms for kindergarten or junior kindergarten pupils from instructional space in other categories. O. Reg. 506/07, s. 1 (9). (14) The amount for the board for the fiscal year for growth schools is determined as follows: 1. If the amount determined under paragraph 94 of subsection 36 (10) of the 2005-2006 grant regulation is less than or equal to the amount determined in respect of the board under paragraph 95 of subsection (11), the amount determined under this subsection is zero. 2. If the amount determined under paragraph 94 of subsection 36 (10) of the 2005-2006 grant regulation is greater than the amount determined in respect of the board under paragraph 95 of subsection (11) of this Regulation, the amount determined under this subsection is determined in accordance with paragraphs 3 to 8 of this subsection. 3. Determine the costs incurred by the board before August 31, 2007 on the construction of new elementary pupil places and new secondary pupil places specified in the plan submitted under subsection (15). 4. Take the lesser of, i. the amount determined under paragraph 3, and ii. the amount determined under subsection (14.1). 5. Determine the amount of short-term interest incurred by the board in the 2006-2007 fiscal year in respect of the amount determined under paragraph 4. 6. Determine the portion of the amount determined under paragraph 4 in respect of which the board did not incur short-term interest in the 2006-2007 fiscal year. 7. Determine the amount of short-term interest that the board would incur in the 2006-2007 fiscal year in respect of the portion determined under paragraph 6 if the amount of each cost making up the portion were borrowed on the date that it was withdrawn from reserves of the board, at the annual interest rate for three-month bankers’ acceptances applicable on September 1, 2006. 8. Total the amounts determined under paragraphs 5 and 7. 9.-39. Revoked: O. Reg. 149/07, s. 8 (19). O. Reg. 341/06, s. 39 (14); O. Reg. 149/07, s. 8 (19); O. Reg. 506/07, s. 1 (10). (14.1) The amount for the board for the purposes of paragraph 4 of subsection (14) is determined as follows: 1. Determine the number of new elementary pupil places specified in the plan submitted under subsection (15). 2. Multiply the number determined under paragraph 1 by the benchmark area requirement per pupil of 9.7 metres squared. 3. Multiply the product determined under paragraph 2 by the unamortized benchmark construction cost of $1,660.25 per metre squared. 4. Multiply the amount determined under paragraph 3 by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. 5. Determine the number of new secondary pupil places specified in the plan submitted under subsection (15). 6. Multiply the number determined under paragraph 5 by the benchmark area requirement per pupil of 12.07 metres squared. 7. Multiply the product determined under paragraph 6 by the unamortized benchmark construction cost of $1,811.20 per metre squared. 8. Multiply the amount determined under paragraph 7 by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. 9. Add the amount determined under paragraph 4 to the amount determined under paragraph 8. 10. Subtract the amount determined under paragraph 123 of subsection (11) from the amount determined under paragraph 122 of that subsection. 11. Take the lesser of the amounts determined under paragraphs 9 and 10. 12. Subtract the amount determined paragraph 11 from the amount determined under paragraph 9. O. Reg. 149/07, s. 8 (20); O. Reg. 506/07, s. 1 (11). (15) The following are conditions of the payment of the growth schools amount to a district school board: 1. The board has submitted a plan, in a form specified by the Minister, setting out the following: i. The number of new elementary pupil places and the number of new secondary pupil places, if any, that the board plans to provide for pupils of the board from the date of the plan to August 31, 2007. ii. The number of new elementary pupil places and the number of new secondary pupil places, if any, that the board plans to provide for pupils of the board from September 1, 2007 to August 31, 2008. iii. The board’s evaluation that, after accommodating as many elementary school pupils or secondary school pupils, as the case may be, as possible using the alternative methods set out in subsection (16), at least 90 per cent of the new pupil places mentioned under subparagraph i or ii that are located on any one school site will be needed for pupils of the board in each of the ten school board fiscal years starting, A. in the 2007-2008 fiscal year, for new pupil places under subparagraph i, and B. in the 2008-2009 fiscal year, for new pupil places under subparagraph ii. iv. The board’s plan that the new elementary pupil places or the new secondary pupil places, as the case may be, will be located on a school site acquired in whole or in part with funds from an education development charge reserve fund. v. The board’s plan that the school site on which the new elementary pupil places or the new secondary pupil places, as the case may be, will be located is within an area in which an education development charge by-law of the board applied on September 1, 2005. 2. The Minister has approved the plan as reasonable. O. Reg. 341/06, s. 39 (15). (16) For purposes of subparagraph 1 iii of subsection (15), the alternative methods of providing accommodation are, (a) using other pupil places available in a nearby school of the board; (b) re-drawing the boundaries of the attendance areas of its elementary schools or secondary schools, as the case may be; and (c) making program changes. O. Reg. 341/06, s. 39 (16). (16.0.1) The amount for the board for the fiscal year for the capital transitional adjustment is determined as follows: 1. Determine the costs incurred by the board in the 2006-2007 fiscal year to construct the new elementary pupil places and the new secondary pupil places set out in Columns 4 and 5 of Table 16.1, in the municipalities or former municipalities set out in Column 2 of that Table opposite the name of the board. 2. Take the lesser of, i. the amount determined under paragraph 1, and ii. the total of the amounts set out in Column 6 of Table 16.1 opposite the name of the board. 3. Determine the portion of the amount determined under paragraph 2 in respect of which the board incurred short-term interest in the 2006-2007 fiscal year. 4. Determine the amount of short-term interest incurred by the board in the 2006-2007 fiscal year in respect of the portion determined under paragraph 3. 5. Determine the portion of the amount determined under paragraph 2 in respect of which the board did not incur interest in the 2006-2007 fiscal year. 6. Determine the amount of short-term interest that the board would incur in the 2006-2007 fiscal year in respect of the portion determined under paragraph 5 if the amount of each cost making up the portion were borrowed on the date that it was withdrawn from reserves of the board, at the annual interest rate for three-month bankers’ acceptances applicable on September 1, 2006. 7. Total the amounts, if any, determined under paragraphs 4 and 6. O. Reg. 149/07, s. 8 (21). (16.0.2) The amount for the board for the fiscal year for the replacement of schools that are prohibitive to repair is determined as follows: 1. Determine the portion of the cost of replacing schools of the board for which the cost of repair is prohibitive, named in Columns 3 and 4 of Table 16.3 opposite the name of the board, that was incurred by the board between April 1, 2006 and August 31, 2007. 2. Take the lesser of, i. the amount determined under paragraph 1, and ii. the total of the amounts set out in Column 6 of Table 16.3 opposite the name of the board. 3. Determine the portion of the amount determined under paragraph 2 in respect of which the board incurred short-term interest in the 2006-2007 fiscal year. 4. Determine the amount of short-term interest incurred by the board in the 2006-2007 fiscal year in respect of the portion determined under paragraph 3. 5. Determine the portion of the amount determined under paragraph 2 in respect of which the board did not incur interest in the 2006-2007 fiscal year. 6. Determine the amount of short-term interest that the board would incur in the 2006-2007 fiscal year in respect of the portion determined under paragraph 5 if the amount of each cost making up the portion were borrowed on the date that it was withdrawn from reserves of the board, at the annual interest rate for three-month bankers’ acceptances applicable on September 1, 2006. 7. Total the amounts, if any, determined under paragraphs 4 and 6. O. Reg. 149/07, s. 8 (21); O. Reg. 506/07, s. 1 (12); O. Reg. 581/07, s. 1 (2, 3). (16.1) The amount for the board for the fiscal year for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act is determined as follows: 1. Determine the costs for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act, that are reported by August 31, 2007 on a form specified by the Minister, i. for which construction is completed at any time from September 1, 2005 to August 31, 2007, ii. that are under construction during that period, or iii. for which a tender for construction is awarded during that period. 2. Determine the amount that is payable in the 2006-2007 fiscal year if the amount determined under paragraph 1 is amortized over 25 years at an annual interest rate of 5.25 per cent, with no compounding. 3. Take the number of child care spaces that, i. are in schools of the board that provide pupil accommodation for the first time on or after September 1, 2006, and ii. the Minister confirms have been approved, by a municipality or district social services administration board established under section 3 of the District Social Services Administration Boards Act, as part of a facility described in clause 234 (1) (b) or (c) of the Act. 4. Multiply the number determined under paragraph 3 by the benchmark area requirement per child of 9.7 metres squared. 5. Multiply the number determined under paragraph 4 by the benchmark construction cost of $120.77 per metre squared. 6. Multiply the amount determined under paragraph 5 by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board. 7. Multiply the amount determined under paragraph 6 by 1.4. 8. Take the lesser of the amounts determined under paragraph 2 and paragraph 7. O. Reg. 46/07, s. 2 (24). (17) The number, if any, of the board’s new pupil places to meet elementary enrolment pressures is the sum of the numbers calculated under subsection (18) for each elementary school of the board in respect of which the conditions in the following paragraphs are satisfied: 1. The 2005-2006 enrolment of the school exceeded by at least 100 the sum of, i. the 2005-2006 reported capacity of the school, and ii. the number of the board’s new pupil places to meet the elementary enrolment pressure for the school calculated under subsection 36 (12) of the 2005-2006 grant regulation. 2. The 2004-2005 enrolment of the school exceeded by at least 100 the sum of, i. the 2004-2005 reported capacity of the school, and ii. the number of the board’s new pupil places to meet the elementary enrolment pressure for the school calculated under subsection 37 (12) of the 2004-2005 grant regulation. 3. The number of the board’s new pupil places to meet the elementary enrolment pressure that would be determined for the school under subsection (18) exceeds the amount calculated using the formula, A – B in which, “A” is the sum of the 2005-2006 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 the 2005-2006 grant regulation in respect of those other schools, and “B” is the sum of the 2005-2006 enrolment of the other schools referred to in “A”. 4. The school is not listed in Table 16.2 or 16.3. O. Reg. 341/06, s. 39 (17); O. Reg. 149/07, s. 8 (22, 23). (18) The number of the board’s new pupil places to meet the elementary enrolment pressure for each elementary school is the average of, (a) the amount by which the 2005-2006 enrolment of the school exceeded the sum of, (i) the 2005-2006 reported capacity of the school, and (ii) the number of the board’s new pupil places to meet the elementary enrolment pressure for the school calculated under subsection 36 (12) of the 2005-2006 grant regulation; and (b) the amount by which the 2004-2005 enrolment of the school exceeded the sum of, (i) the 2004-2005 reported capacity of the school, and (ii) the number of the board’s new pupil places to meet the elementary enrolment pressure for the school calculated under subsection 37 (12) of the 2004-2005 grant regulation. O. Reg. 341/06, s. 39 (18); O. Reg. 149/07, s. 8 (24). (19) The number, if any, of the board’s new pupil places to meet secondary enrolment pressures is the sum of the numbers calculated under subsection (20) for each secondary school of the board in respect of which the conditions in the following paragraphs are satisfied: 1. The 2005-2006 enrolment of the school exceeded by at least 100 the sum of, i. the 2005-2006 reported capacity of the school, and ii. the number of the board’s new pupil places to meet the secondary enrolment pressure for the school calculated under subsection 36 (14) of the 2005-2006 grant regulation. 2. The 2004-2005 enrolment of the school exceeded by at least 100 the sum of, i. the 2004-2005 reported capacity of the school, and ii. the number of the board’s new pupil places to meet the secondary enrolment pressure for the school calculated under subsection 37 (14) of the 2004-2005 grant regulation. 3. The number of the board’s new pupil places to meet the secondary enrolment pressure that would be determined for the school under subsection (20) exceeds the amount calculated using the formula, A – B in which, “A” is the sum of the 2005-2006 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 the 2005-2006 grant regulation in respect of those other schools, and “B” is the sum of the 2005-2006 enrolment of the other schools referred to in “A”. 4. The school is not listed in Table 16.2 or 16.3. O. Reg. 341/06, s. 39 (19); O. Reg. 149/07, s. 8 (25). (20) The number of the board’s new pupil places to meet the secondary enrolment pressure for each secondary school is the average of, (a) the amount by which the 2005-2006 enrolment of the school exceeded the sum of, (i) the 2005-2006 reported capacity of the school, and (ii) the number of the board’s new pupil places to meet the secondary enrolment pressure for the school calculated under subsection 36 (14) of the 2005-2006 grant regulation; and (b) the amount by which the 2004-2005 enrolment of the school exceeded the sum of, (i) the 2004-2005 reported capacity of the school, and (ii) the number of the board’s new pupil places to meet the secondary enrolment pressure for the school calculated under subsection 37 (14) of the 2004-2005 grant regulation. O. Reg. 341/06, s. 39 (20). (21) For the purposes of paragraph 76 of subsection (11), the secondary capacity for the board is the secondary capacity determined for the board under the 2005-2006 grant regulation subject to the adjustments set out in subsections (25), (28), (33), (36), (39), (41), (43) and (47). O. Reg. 341/06, s. 39 (21). (22) The Minister shall determine loadings and categories of instructional space as follows: 1. The Minister shall identify categories of instructional space for all elementary facilities and secondary facilities of the board. In identifying categories of instructional space, the Minister shall use the categories identified in the Report of the Pupil Accommodation Review Committee, which is available as described in subsection 3 (7). Where the Report does not include an appropriate category for an instructional space, the Minister shall identify the category of that space in a manner that is consistent with the categorizations in the Report. 2. The Minister shall assign a loading to each category of instructional space identified under paragraph 1, based on the number of pupils that can reasonably be accommodated in each category of instructional space. In determining the number, the Minister shall consider the physical characteristics of the category of instructional space and the class size requirements under the Act. O. Reg. 341/06, s. 39 (22). (23) Subsection (24) or (25) applies in relation to an elementary facility or secondary facility of a board if, on or after January 1, 2004 and before February 17, 2005, the board issued a proposal under Ontario Regulation 444/98 (Disposition of Surplus Real Property) made under the Act to dispose of the facility at no cost to the Ontario Realty Corporation or to a board. O. Reg. 341/06, s. 39 (23). (24) The number referred to in subparagraph 29 i of subsection (11) is determined as follows: 1. For each elementary facility of the board to which this subsection applies, apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Total the amounts determined under paragraph 1 for elementary facilities of the board. O. Reg. 341/06, s. 39 (24). (25) The secondary capacity determined for the board under subsection (21) is adjusted as follows: 1. For each secondary facility of the board to which this subsection applies, apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Total the amounts determined under paragraph 1 for secondary facilities of the board. 3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (21). O. Reg. 341/06, s. 39 (25). (26) Subsection (27) or (28) applies in relation to an elementary facility or secondary facility of the board if, (a) the facility is acquired by the board as a result of a proposal issued by another board on or after January 1, 2004 and before February 17, 2005 under Ontario Regulation 444/98 (Disposition of Surplus Real Property) made under the Act, to dispose of the facility at no cost; and (b) subsections (32) and (33) do not apply to the facility. O. Reg. 341/06, s. 39 (26). (27) The number referred to in subparagraph 31 i of subsection (11) is determined as follows: 1. For each elementary facility of the board to which this subsection applies, apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Total the amounts determined under paragraph 1 for the elementary facilities of the board. O. Reg. 341/06, s. 39 (27). (28) The secondary capacity determined for the board under subsection (21) is adjusted as follows: 1. For each secondary facility of the board to which this subsection applies, apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Total the amounts determined under paragraph 1 for the secondary facilities of the board. 3. Add the total determined under paragraph 2 to the secondary capacity determined for the board under subsection (21). O. Reg. 341/06, s. 39 (28). (29) Subsection (32) or (33) applies in relation to an elementary facility or secondary facility of the board if all of the following conditions are satisfied: 1. The facility is acquired by the board as a result of a proposal issued by another board on or after January 1, 2004 and before February 17, 2005 under Ontario Regulation 444/98 (Disposition of Surplus Real Property) made under the Act, to dispose of the facility at no cost. 2. Within 30 days after offering to acquire the facility at no cost, the board notifies the Minister in writing of the offer and provides such information and material as the Minister may require to verify that the acquisition of the facility, i. is consistent with the long-term accommodation plan of the board, ii. would benefit the pupils of the board, iii. would result in more effective use of public assets, and iv. would reduce the need of the board for the construction of new school facilities. O. Reg. 341/06, s. 39 (29). (30) Subsection (32) 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 16 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. 341/06, s. 39 (30). (31) Subsection (33) 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 16 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. 341/06, s. 39 (31). (32) The number referred to in subparagraph 31 ii of subsection (11) is determined as follows: 1. For each elementary school to which this subsection applies, apply the loadings determined under subsection (22) to the instructional spaces of the school, as categorized under subsection (22). 2. Determine the 2006-2007 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that school. 3. Take the lesser of the amounts determined for the school under paragraphs 1 and 2. 4. Total the amounts determined under paragraph 3 for each of the elementary schools to which this subsection applies. O. Reg. 341/06, s. 39 (32). (33) The secondary capacity determined for the board under subsection (21) is adjusted as follows: 1. For each secondary school to which this subsection applies, apply the loadings determined under subsection (22) to the instructional spaces of the school, as categorized under subsection (22). 2. Determine the 2006-2007 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 (21). O. Reg. 341/06, s. 39 (33). (34) Subsection (35) or (36) applies in relation to an elementary facility or secondary facility of a board if, (a) in the 2005 calendar year, the board agreed with another board to dispose of the elementary facility or secondary facility of the board to the other board, in consideration for the conveyance to it of an elementary facility or secondary facility of the other board; and (b) before the agreement referred to in clause (a) was entered into, the Minister indicated in writing that, in his or her opinion, the transfer provided for by the agreement, (i) is consistent with the long-term accommodation plans of both boards, (ii) would benefit pupils of both boards, (iii) would result in more effective use of public assets, and (iv) would reduce the needs of both boards for the construction of new school facilities. O. Reg. 341/06, s. 39 (34). (35) The number referred to in subparagraph 29 ii of subsection (11) is determined as follows: 1. For each elementary facility of the board to which this subsection applies, apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Total the amounts determined under paragraph 1 for elementary facilities of the board. O. Reg. 341/06, s. 39 (35). (36) The secondary capacity determined for the board under subsection (21) is adjusted as follows: 1. For each secondary facility of the board to which this subsection applies, apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Total the amounts determined under paragraph 1 for secondary facilities of the board. 3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (21). O. Reg. 341/06, s. 39 (36). (37) Subsection (38) or (39) applies in relation to an elementary facility or secondary facility of a board acquired in the circumstances described in subsection (34). O. Reg. 341/06, s. 39 (37). (38) The number referred to in subparagraph 29 iii of subsection (11) is determined as follows: 1. For each elementary facility of the board acquired in the circumstances described in subsection (34), apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Determine the 2006-2007 enrolment for the facility, if any. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero. O. Reg. 341/06, s. 39 (38). (39) The secondary capacity determined for the board under subsection (21) is adjusted as follows: 1. For each secondary facility of the board acquired in the circumstances described in subsection (34), apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Determine the 2006-2007 enrolment for the facility, if any. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for secondary facilities of the board. 5. Subtract the total determined under paragraph 4 from the secondary capacity determined for the board under subsection (21). O. Reg. 341/06, s. 39 (39). (40) If the board has an elementary facility that it acquired after December 31, 1998 and before the start of the fiscal year in circumstances described in subsection (34), the number referred to in subparagraph 31 iii of subsection (11) is determined as follows: 1. For each elementary facility acquired, apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Determine the 2006-2007 enrolment for the facility, if any. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for each of the elementary facilities acquired. 5. Subtract the amount determined under paragraph 4 from the total of the amounts determined for the board under the provisions comparable to this subsection in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. O. Reg. 341/06, s. 39 (40). (41) If the board has a secondary facility that it acquired after December 31, 1998 and before the start of the fiscal year in circumstances described in subsection (34), the secondary capacity determined for the board under subsection (21) is adjusted as follows: 1. For each secondary facility acquired, apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Determine the 2006-2007 enrolment for the facility, if any. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for each of the secondary facilities acquired. 5. Subtract the amount determined under paragraph 4 from the total of the amounts determined for the board under the provisions comparable to this subsection in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. 6. Add the difference determined under paragraph 5 to the secondary capacity determined for the board under subsection (21). O. Reg. 341/06, s. 39 (41). (42) Revoked: O. Reg. 149/07, s. 8 (26). (43) The secondary capacity determined for the board under subsection (21) is adjusted by adding the number, if any, of new pupil places to meet the secondary enrolment pressures as determined under subsection (19). O. Reg. 341/06, s. 39 (43). (44) Subsection (45) applies in relation to an elementary facility of the board described in a provision comparable to subsection (29) or (30) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. O. Reg. 341/06, s. 39 (44). (45) The number referred to in subparagraph 31 v of subsection (11) is determined as follows: 1. For each elementary facility to which this subsection applies, apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Determine the 2006-2007 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that facility. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1 for that school. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for each of the elementary facilities to which this subsection applies. 5. Subtract the amount determined under paragraph 4 from the total of the amounts determined for previous fiscal years for the board under provisions comparable to subsection (32) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. O. Reg. 341/06, s. 39 (45). (46) Subsection (47) applies in relation to a secondary facility of the board described in a provision comparable to subsection (29) or (31) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. O. Reg. 341/06, s. 39 (46). (47) The secondary capacity determined for the board under subsection (21) is adjusted as follows: 1. For each secondary facility to which this subsection applies, apply the loadings determined under subsection (22) to the instructional spaces of the facility, as categorized under subsection (22). 2. Determine the 2006-2007 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that school. 3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1 for that facility. If the difference is a negative number, it is deemed to be zero. 4. Total the amounts determined under paragraph 3 for each of the secondary facilities to which this subsection applies. 5. Subtract the amount determined under paragraph 4 from the total of the amounts determined for previous fiscal years for the board under the provisions comparable to subsection (33) in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years. 6. Add the difference determined under paragraph 5 to the secondary capacity for the board determined under subsection (21). O. Reg. 341/06, s. 39 (47). (48) The amount for the board for the fiscal year for outstanding capital commitments is determined as follows: 1. Take the number of elementary school pupil places shown in Column 2 of Table 19, opposite the name of the board. 2. Multiply the number taken under paragraph 1 by the pre-September, 2005 benchmark area requirement per pupil of 9.29 metres squared. 3. Multiply the product obtained under paragraph 2 by the pre-September, 2004 benchmark construction cost of $118.40 per metre squared. 4. Take the number of secondary school pupil places shown in Column 3 of Table 19, 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 pre-September, 2004 benchmark construction cost of $129.17 per metre squared. 7. Add the products obtained under paragraphs 3 and 6. O. Reg. 341/06, s. 39 (48); O. Reg. 46/07, s. 2 (25). (49) For the purposes of paragraph 16 of subsection (3) and paragraph 14 of subsection (9), the capacity of an elementary school is determined by applying the loadings determined under subsection (22) to the instructional spaces of the school, as categorized under that subsection. O. Reg. 341/06, s. 39 (49). (50) For the purposes of paragraph 27 of subsection (3) and paragraph 25 of subsection (9), the capacity of a secondary school is determined by applying the loadings determined under subsection (22) to the instructional spaces of the school, as categorized under subsection (22). O. Reg. 341/06, s. 39 (50). (51) In this section, “2004-2005 enrolment” means, in respect of a school operated by a board, the 2004-2005 day school average daily enrolment of pupils of the board, within the meaning of Ontario Regulation 143/04 (Calculation of Average Daily Enrolment for the 2004-2005 School Board Fiscal Year) made under the Act, counting only pupils enrolled in the school; (“effectif de 2004-2005”) “2004-2005 reported capacity” means, in respect of a school operated by a board, the school capacity as reported in Appendix C to the board’s 2004-2005 financial statements prepared and submitted to the Ministry under the Act; (“capacité d’accueil déclarée pour 2004-2005”) “2005-2006 enrolment” means, in respect of a school operated by a board, the 2005-2006 day school average daily enrolment of pupils of the board, within the meaning of Ontario Regulation 398/05 (Calculation of Average Daily Enrolment for the 2005-2006 School Board Fiscal Year) made under the Act, counting only pupils enrolled in the school; (“effectif de 2005-2006”) “2005-2006 reported capacity” means, in respect of a school operated by a board, the school capacity as reported in Appendix C to the board’s 2005-2006 financial statements prepared and submitted to the Ministry under the Act; (“capacité d’accueil déclarée pour 2005-2006”) “2006-2007 enrolment” means, in respect of a school operated by a board, the 2006-2007 day school average daily enrolment of pupils of the board, counting only pupils enrolled in the school; (“effectif de 2006-2007”) “elementary facility” means a facility that is or was an elementary school of a board; (“établissement élémentaire”) “instructional space” means a space in a school that can reasonably be used for instructional purposes; (“aire d’enseignement”) “secondary facility” means a facility that is or was a secondary school of a board. (“établissement secondaire”) O. Reg. 341/06, s. 39 (51).