Estimates of boards of education
155. (1) Each board of education in the Metropolitan Area, instead of submitting to a municipal council its annual estimates as provided by law, shall prepare, adopt and submit each year to the School Board, on or before such date and in such form as the School Board may prescribe, its estimates for the current year of all sums required during the year for the purposes of the board of education, and such estimates, (a) shall set forth the estimated revenues and expenditures of the board of education; (b) shall make due allowance for a surplus of any previous year that will be available during the current year; (c) shall provide for a deficit of any previous year; (d) may provide for expenditures to be made out of current funds for permanent improvements; (e) shall set forth separately the estimated expenditure in respect of the employment of teachers under section 152 in addition to the number of teachers that the board is entitled to employ under an agreement under section 143 that provides the method by which the number of teachers to be employed by the board is determined. R.S.O. 1990, c. M.62, s. 155 (1); 1994, c. 27, s. 111 (10). Approval of estimates by School Board (2) Upon receipt by the School Board of the estimates of all the boards of education in the Metropolitan Area, the School Board shall consider the estimates, having regard to the limit upon the amount that it may include in its estimates for expenditures for permanent improvements out of current funds, and approve such estimates in whole or in part, and shall notify each such board of education of the extent to which its estimates have been approved by the School Board. Idem (3) In considering such estimates, the School Board shall endeavour to provide for all boards of education in the Metropolitan Area, having regard to their varying needs, the funds necessary for an educational program throughout the Metropolitan Area. R.S.O. 1990, c. M.62, s. 155 (2, 3). Estimates to council of area municipality (4) If the estimates of a board of education are not approved in whole by the School Board, the board of education may submit to the council of the area municipality in which the board of education has jurisdiction the estimates of the board of education that were submitted to the School Board as adjusted in accordance with subsections (5) and (6) and a requisition of the amount of the estimates for school purposes required to be raised by the council. Adjustment of estimates (5) The estimates mentioned in subsection (4) shall be adjusted as follows: 1. The board of education shall adjust the estimates to include and to make due allowance for the revenues to be derived from the School Board pursuant to the estimates approved by the School Board. 2. The board of education shall adjust the estimates so that the difference between the estimates of amounts required by the board of education for school purposes and the revenues for such purposes to be derived by the board of education from the School Board pursuant to the estimates approved by the School Board shall not exceed a sum computed by, i. dividing the estimates of the board of education for school purposes approved by the School Board by the aggregate of the estimates of all the boards of education for school purposes approved by the School Board, ii. multiplying the quotient computed under subparagraph i by two and one-half mills in the dollar upon the total rateable property, as defined in section 139, in the Metropolitan Area for school purposes, and iii. reducing the product computed under subparagraph ii by an amount equal to the amount of any deficit used to increase the apportionment to the area municipality under section 139 for school purposes. Further   adjustment (6) The estimates, as adjusted under subsection (5), shall be further adjusted as follows: 1. The board of education shall divide the amount that, having regard for the computations required by subsection (5), the board of education determines is necessary for its purposes by the amount of the estimates of the board of education that have been approved by the School Board as adjusted in accordance with subsection (5) but excluding the adjustment in subparagraph iii of paragraph 2 of subsection (5). 2. The board of education shall multiply the quotient obtained under paragraph 1 by two and one-half mills in the dollar upon the total rateable property, as defined in section 139, in the area municipality for school purposes other than separate school purposes. 1994, c. 27, s. 111 (11). Transmittal of copy to School Board (7) A board of education that submits estimates and a requisition to the council of an area municipality under subsection (4) shall transmit to the School Board a copy of the estimates and requisition. Time limit (8) A board of education must submit its estimates and requisition under subsection (4) and transmit a copy under subsection (6) within twenty days after the School Board notifies the board of education under subsection (2) of the extent to which its estimates have been approved by the School Board. R.S.O. 1990, c. M.62, s. 155 (7, 8). Local levy (9) The council of an area municipality shall levy and collect each year the money requisitioned for the year for school purposes in accordance with subsection (4) by the board of education that has jurisdiction in the area municipality. 1994, c. 27, s. 111 (12). Where levy equal to need (10) Where the money to be levied and collected by the council of an area municipality under subsection (9) are equal to the amount the board of education that has jurisdiction in the area municipality has determined, having regard for the computations required by subsection (5), is necessary for the purposes of the board of education, the council shall transfer the money it is required to levy and collect to the board of education from time to time as required by the board of education, but not later than the 15th day of December in the year for which the money was requisitioned under subsection (9). Where levy less than need (11) Where the money to be levied and collected by the council of an area municipality under subsection (9) is less than the amount the board of education that has jurisdiction in the area municipality has determined, having regard for the computations required by subsection (5), is necessary for the purposes of the board of education, (a) the council shall transfer the money it is required to levy and collect to the board of education from time to time as required by the board of education, but not later than the 15th day of December in the year for which the money was requisitioned under subsection (9); and (b) the School Board shall transfer to the board of education an amount equal to the difference between the amount the board of education has determined, having regard for the computations required by subsection (5), is necessary for the purposes of the board of education and the amount of the money the council of the area municipality is required to transfer under clause (a) to the board of education. Where levy greater than need (12) Where the money to be levied and collected by the council of an area municipality under subsection (9) is greater than the amount the board of education that has jurisdiction in the area municipality has determined, having regard for the computations required by subsection (5), is necessary for the purposes of the board of education, (a) the council shall transfer to the board of education from time to time as required by the board of education, but not later than the 15th day of December in the year for which the money was requisitioned under subsection (9), amounts that in the aggregate do not exceed the amount the board of education has determined is necessary for its purposes; and (b) the council shall transfer to the School Board, at the same times as amounts are transferred under clause (a), amounts that in the aggregate are equal to the difference between the amount of money that the council is required to levy and collect and the aggregate of the amounts that the council is required under clause (a) to transfer to the board of education. R.S.O. 1990, c. M.62, s. 155 (10-12). Same (13) The amount required to be raised by the council of each area municipality under subsection (9) for school purposes, other than separate school purposes, shall be raised by levy upon all property rateable for school purposes within the area municipality according to the last revised assessment roll. 1994, c  27, s. 111 (13). Appeal to O.M.B. (14) If the estimates of a board of education are not approved in whole by the School Board, the board of education may, within fifteen days after notice is given under subsection (2), appeal to the Municipal Board, provided that any amount in issue in such an appeal shall not be included in its estimates under subsection (4). Powers of O.M.B. (15) The Municipal Board shall conduct a public hearing of every such appeal upon such notice as it considers proper and may dismiss the appeal or may by order require the School Board to provide additional funds to the board of education to an extent not exceeding the amounts in issue in such appeal, and, in considering any such appeal, the Municipal Board shall have regard amongst other things to the matters referred to in subsections (2) and (3). Where order requires additional funds to be provided (16) If an order of the Municipal Board requiring the School Board to provide additional funds to a board of education, (a) is issued in any year before the estimates of the School Board for such year are submitted to the Metropolitan Council, the School Board shall include in its estimates for that year the amount required to be paid pursuant to the order; or (b) is issued in any year after the estimates of the School Board for such year are submitted to the Metropolitan Council, the Metropolitan Council shall advance to the School Board the amount required to be paid pursuant to the order and may borrow money from time to time by way of promissory note for such purpose, and the School Board shall include in its estimates for the next succeeding year the amount required to repay such advance and the interest charges on any amounts borrowed by the Metropolitan Council for the purpose of making such advance. Order, terms and conditions (17) The Municipal Board may issue an order under subsection (15) upon such terms and conditions, including terms and conditions with respect to the use of the funds to be paid to the board of education thereunder, as the Municipal Board considers appropriate. R.S.O. 1990, c. M.62, s. 155 (14-17).