jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
1. (1) In this Regulation, “A.D.E. regulation” means Ontario Regulation 137/03; (“règlement sur l’effectif quotidien moyen”) “continuing education A.D.E.”, for a board, means the continuing education average daily enrolment for the board, as calculated under section 3 of the A.D.E. regulation; (“effectif quotidien moyen des cours d’éducation permanente”) “continuing education class or course” has the same meaning as in section 3 of the A.D.E. regulation; (“classe ou cours d’éducation permanente”) “day school A.D.E.”, for a board, means the day school average daily enrolment for the board, as calculated under section 2 of the A.D.E. regulation; (“effectif quotidien moyen de jour”) “day school program” does not include continuing education or summer school classes or courses; (“programme scolaire de jour”) “elementary school pupil” means a pupil who is enrolled in any of junior kindergarten, kindergarten and grades one to eight; (“élève de l’élémentaire”) “grant regulation” means Ontario Regulation 139/03; (“règlement sur les subventions”) “high cost program” means, (a) a special education program, or (b) any other program which both the board and the party from whom the tuition fee is receivable agree is a high cost program for the purposes of this Regulation; (“programme à coût élevé”) “isolate board” means a school authority other than a section 68 board; (“conseil isolé”) “P.A.C.”, for a pupil, means the pupil accommodation charge for a pupil as determined under subsections (3) and (4); (“frais de pension”) “secondary school pupil” means a pupil who is enrolled in any of grades nine to twelve or in a course leading to an OAC credit; (“élève du secondaire”) “section 68 board” means a board established under section 68 of the Act; (“conseil créé en vertu de l’article 68”) “summer school A.D.E.”, for a board, means the summer school average daily enrolment for the board, as calculated under section 4 of the A.D.E. regulation; (“effectif quotidien moyen des cours d’été”) “summer school class or course” means a summer school class or course as defined in subsection 4 (1) of the A.D.E. regulation. (“classe ou cours d’été”) O. Reg. 138/03, s. 1 (1). (2) The following rules apply for the purposes of this Regulation: 1. A pupil is considered to be a pupil of a board if he or she is a pupil of the board for the purposes of the grant regulation. 2. The day school A.D.E. of a pupil enrolled in a school operated by a board is the day school A.D.E. for the board, calculated as if the pupil were the board’s only pupil. O. Reg. 138/03, s. 1 (2). (3) The pupil accommodation charge for a pupil is $141 in the case of an elementary school pupil or $282 in the case of a secondary school pupil. O. Reg. 138/03, s. 1 (3). (4) Despite subsection (3), if a board has entered into an agreement under subsection 188 (3) of the Act that provides for a payment by the Crown in right of Canada to provide classroom accommodation for a specified number of pupils, the pupil accommodation charge for each pupil accommodated as a result of the agreement is zero. O. Reg. 138/03, s. 1 (4).
Application
2. This Regulation applies in respect of the fiscal year of boards that commences on September 1, 2003 and ends on August 31, 2004. O. Reg. 138/03, s. 2.
Fees, residing in Ontario
4. (1) This section applies in respect of a pupil described in subsection 46 (2) of the Act who is enrolled in a day school program in a school of a district school board or an isolate board and who resides in a school section, separate school zone or secondary school district in which the pupil’s parent or guardian resides, on land that is exempt from taxation for the purposes of any board. O. Reg. 138/03, s. 4 (1). (2) The fee that a board shall charge in respect of a pupil described in subsection (1) to the parent or guardian is $40 for each month or part of a month the pupil is enrolled in a school of the board. O. Reg. 138/03, s. 4 (2). (3) A board charging a parent or guardian a fee of $40 for any month or part of a month under subsection (2) in respect of a pupil described in subsection (1) who is enrolled in a school of the board shall not charge the parent or guardian any fee under subsection (2) for the same month or part of a month in respect of another pupil described in subsection (1) who is enrolled in a school of the board. O. Reg. 138/03, s. 4 (3). (4) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies. O. Reg. 138/03, s. 4 (4).
Fees, not residing in Ontario
5. (1) The fee in respect of a pupil who is enrolled in a day school program in a school of a district school board or an isolate board and whose parent or guardian does not reside in Ontario is an amount determined by the board that does not exceed the maximum fee determined under subsection (2) or (3). O. Reg. 138/03, s. 5 (1). (2) Except as is provided in subsection (3), the maximum fee is the amount calculated as follows: 1. Add the base fee determined for the pupil under subsection 3 (3), (4) or (6), as applicable, and the P.A.C. for the pupil. 2. Multiply the amount obtained under paragraph 1 by 0.1. 3. Multiply the result obtained under paragraph 2 by the number of months or part months during which the pupil is enrolled in a school operated by the board. O. Reg. 138/03, s. 5 (2). (3) If the pupil is enrolled in a high cost program, the maximum fee is the total of the amount calculated under subsection (2) and such additional amount as may be determined by the Board that does not exceed the additional cost to the board of providing the high cost program to the pupil. O. Reg. 138/03, s. 5 (3). (4) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies. O. Reg. 138/03, s. 5 (4).
Fees, s. 68 boards
6. (1) The fee in respect of a pupil who is enrolled in a day school program in a school operated by a section 68 board and whose parent or guardian does not reside in Ontario is the amount determined as follows: 1. Take the expenditure of the board for the fiscal year that is acceptable to the Minister for grant purposes, excluding, i. expenditures for debt charges, ii. expenditures for the purchase of capital assets, as determined under the grant regulation, iii. expenditures for the restoration of destroyed or damaged capital assets, as determined under the grant regulation, and iv. provisions for reserves for working funds and provisions for reserve funds. 2. Deduct the revenue of the board for the fiscal year from, i. any organization on whose property a school of the board is located, and ii. refunds of expenditure of the kind described in subparagraph 1 i, ii or iii. 3. Determine the number of pupil days for the period September 1, 2003 to August 31, 2004 by adding, for each instructional day in that period, the number of pupils enrolled in schools of the board who receive instruction on that day. 4. Divide the amount obtained under paragraph 2 by the total number of pupil days determined under paragraph 3. 5. Multiply the result obtained under paragraph 4 by the number of instructional days for which the pupil is enrolled in a school of the board during the same period. O. Reg. 138/03, s. 6 (1). (2) This section does not apply to a pupil to whom subsection 49 (6) of the Act applies. O. Reg. 138/03, s. 6 (2).
Fees, pupils to whom s. 49 (6) of the Act applies
7. (1) The fee in respect of a pupil who is enrolled in a day school program and to whom subsection 49 (6) of the Act applies is the amount determined in accordance with a fees policy developed for the purposes of this section by the board that operates the school in which the pupil is enrolled. O. Reg. 138/03, s. 7 (1). (2) A board’s fee policy must not authorize a fee in respect of an elementary school pupil that is less than the amount that would be calculated under subsection 3 (2) in respect of an elementary school pupil, if that subsection had applied to the pupil and subsection 49 (6) of the Act had not applied to the pupil. O. Reg. 138/03, s. 7 (2). (3) A board’s fee policy must not authorize a fee in respect of a secondary school pupil that is less than the amount that would be calculated under subsection 3 (2) in respect of a secondary school pupil, if that subsection had applied to the pupil and subsection 49 (6) of the Act had not applied to the pupil. O. Reg. 138/03, s. 7 (3).
Fees, summer school and continuing education
8. (1) The fee in respect of a pupil to whom subsection 49 (6) of the Act applies and who is enrolled in a summer school or continuing education class or course provided by a district school board or an isolate board is the amount determined by the board. O. Reg. 138/03, s. 8 (1). (2) The fee referred to in subsection (1) in respect of a pupil enrolled in a continuing education class or course of the board shall not be less than the fee determined by applying paragraphs 1 to 3 of subsection (4). O. Reg. 138/03, s. 8 (2). (3) The fee referred to in subsection (1) in respect of a pupil enrolled in a summer school program of the board shall not be less than the fee determined by applying paragraphs 1 to 3 of subsection (5). O. Reg. 138/03, s. 8 (3). (4) The fee in respect of a pupil described in subsection 3 (1) or 5 (1) who is enrolled in a continuing education class or course provided by a district school board or an isolate board is such amount as may be agreed on by the board and the party from whom the fee is receivable or, in the absence of agreement, the amount determined as follows: 1. Determine the expenditure of the board in the fiscal year for continuing education classes or courses. 2. Divide the amount determined under paragraph 1 by the continuing education A.D.E. for the board. 3. Multiply the result obtained under paragraph 2 by the continuing education A.D.E. for the board, counting only pupils described in this subsection. O. Reg. 138/03, s. 8 (4). (5) The fee in respect of a pupil described in subsection 3 (1) or 5 (1) who is enrolled in a summer school class or course provided by a district school board or an isolate board is such amount as may be agreed on by the board and the party from whom the fee is receivable or, in the absence of agreement, the amount determined as follows: 1. Determine the expenditure of the board in the fiscal year for summer school classes or courses. 2. Divide the amount determined under paragraph 1 by the summer school A.D.E. for the board. 3. Multiply the result obtained under paragraph 2 by the summer school A.D.E. for the board, counting only pupils described in this subsection. O. Reg. 138/03, s. 8 (5).
No fee between boards
9. No fee is payable under this Regulation by one board to another board. O. Reg. 138/03, s. 9. Français