Fees Charged to Boards
3. (1) Except as provided in section 4, the fee in respect of a pupil whose fee is receivable from another board, from Canada or from a band, council of a band or education authority authorized by the Crown in right of Canada to provide education for Indians or for a pupil to whom subsection 49 (6) of the Act applies, shall be calculated by, (a) subtracting from the current cost of operating of the board that provides the instruction, the grants payable to the board in respect of the eligible sum for French as a first language, the eligible sum for French as a second language, the eligible sum for Native as a second language, the eligible sum for full-day kindergarten and the reduction in class size in grades 1 and 2 as determined under section 21 of Ontario Regulation 103/93 (General Legislative Grants) and dividing the difference so obtained by the sum of the average daily enrolment that is, (i) calculated under section 2 of Ontario Regulation 89/91 (Calculation of Average Daily Enrolment) in respect of resident-internal and non-resident pupils of the board, and (ii) calculated under section 3 of Ontario Regulation 89/91 (Calculation of Average Daily Enrolment) in respect of resident-internal and non-resident pupils of the board enrolled in summer schools established by the board in a course of study acceptable to the Minister that the board is authorized or required to provide in its day school program in grades 1 to 8; and (b) multiplying the A.D.E. of the pupil to whom subsection 49 (6) of the Act applies or the A.D.E. of the pupil whose fee is receivable from another board, from Canada or from a band, council of a band or education authority, as the case may be, by the sum of, (i) the amount determined under clause (a), and (ii) the P.A.C. for such pupil. O. Reg. 104/93, s. 3 (1). (2) Subclause (1) (b) (ii) does not apply to a board that is appointed under section 68 of the Act. O. Reg. 104/93, s. 3 (2). (3) The fee in respect of a pupil referred to in subsection (1) who is enrolled in a Native language program and whose fee is receivable from Canada or from a band, council of a band or education authority authorized by the Crown in right of Canada to provide education for Indians may be increased by an amount equal to the portion of the eligible sum for Native as a second language that would be generated for such pupil if the pupil were a resident pupil of the board. O. Reg. 104/93, s. 3 (3). (4) The fee in respect of a pupil referred to in subsection (1) who is enrolled in a high cost program may be increased by multiplying the fee by a factor agreed upon by the board and party from whom the fees are receivable when, (a) the ratio of the A.D.E. of such pupils registered in a high cost program for whom fees are receivable by the board from such party to the A.D.E. of pupils enrolled in such high cost program conducted by the board, is greater than, (b) the ratio of the A.D.E. of such pupils for whom fees are receivable by the board from such party to the A.D.E. of pupils enrolled in schools operated by the board. O. Reg. 104/93, s. 3 (4). (5) If under this section the board that provides the instruction and the other board or party concerned cannot agree upon a factor, the factor shall be determined by three arbitrators. O. Reg. 104/93, s. 3 (5). (6) If the fee is in respect of a pupil for whom the Minister pays the cost of education, the three arbitrators shall be, (a) one arbitrator appointed by the board that provides the instruction; (b) one arbitrator appointed by the Minister; and (c) one arbitrator appointed by the arbitrators appointed under clauses (a) and (b). O. Reg. 104/93, s. 3 (6). (7) In all cases other than a case to which subsection (6) applies, the three arbitrators shall be, (a) one arbitrator appointed by the board that provides the instruction; (b) one arbitrator appointed by the board from which or the party from whom the fee is receivable; and (c) one arbitrator appointed by the arbitrators appointed under clauses (a) and (b). O. Reg. 104/93, s. 3 (7). (8) The decision of the arbitrators or a majority of them is final and binding upon the board that provides the instruction and the other board or party concerned. O. Reg. 104/93, s. 3 (8). Fees Paid to Section 68 Hospital Boards