Amount for school operations
 45. (1) The amount for the board for the fiscal year for school operations is determined as follows: 1. Determine the 2009-2010 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 (2) and (3). 4. Determine the day school average daily enrolment for the board for the 2009-2010 fiscal year, in accordance with section 2 of the 2009-2010 day school A.D.E. regulation, counting only pupils who are at least 21 years of age on December 31, 2009. 5. Determine the continuing education average daily enrolment for the board for the 2009-2010 fiscal year, in accordance with section 3 of the 2009-2010 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 2009-2010 fees regulation. 6. Determine the summer school average daily enrolment for the board for the 2009-2010 fiscal year, in accordance with section 4 of the 2009-2010 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 2009-2010 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 (4). 11. Determine the 2009-2010 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 (6). 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 $71.81 per metre squared. 16. For each school of the board identified as an elementary school in accordance with the Instruction Guide, dated 2002, which is available as described in subsection 3 (1), calculate a top-up amount for school operations as follows: i. Determine the 2009-2010 enrolment. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection 55 (31).  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 $71.81 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 (2) and (3). 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 $71.81 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 (2) and (3). 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. Identify the elementary schools of the board that are distant elementary schools of the board within the meaning of subsection 29 (2.1) of the 2003-2004 grant regulation, but that are neither rural elementary schools nor outlying elementary schools. 19. For each elementary school identified under paragraph 18, subtract the amount determined under paragraph 15 of subsection 37 (3) of the 2003-2004 grant regulation from the amount determined under paragraph 16.1 of that subsection of that regulation.  If the difference determined for a school is negative, the amount for that school is deemed to be zero. 20. Total the amounts determined under paragraph 19 for the elementary schools identified under paragraph 18. 21. Take the amount, if any, set out in Column 2 of Table 12 opposite the name of the board. 22. Total the amounts determined under paragraphs 20 and 21. 23. Identify the rural elementary schools of the board that are not outlying elementary schools of the board. 24. Total the amounts determined under subparagraph 16 x for the rural elementary schools of the board identified in paragraph 23.  If the number determined for a school under subparagraph 16 i is zero, or if the number determined for the school under subparagraph 16 x is negative, the number determined for the school under subparagraph 16 x is deemed to be zero for the purposes of this paragraph. 25. Total the amounts determined under subparagraph 16 xi for the rural elementary schools of the board identified in paragraph 23. 26. Subtract the amount determined under paragraph 25 from the amount determined under paragraph 24. 27. Total the amounts determined under subparagraph 16 x for the outlying elementary schools of the board.  If the number determined for a school under subparagraph 16 i is zero, or if the number determined for the school under subparagraph 16 x is negative, the number determined for the school under subparagraph 16 x is deemed to be zero for the purposes of this paragraph. 28. Total the amounts determined under subparagraph 16 xi for the outlying elementary schools of the board. 29. Subtract the amount determined under paragraph 28 from the amount determined under paragraph 27. 30. For each school of the board identified as a secondary school in accordance with the Instruction Guide, dated 2002, which is available as described in subsection 3 (1), calculate a top-up amount for school operations as follows: i. Determine the 2009-2010 enrolment. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection 55 (32).  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 $71.81 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 (6). 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 $71.81 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 (6). 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. 31. Total the top-up amounts for school operations determined under paragraph 30 for each secondary school of the board. 32. Identify the secondary schools of the board that are distant secondary schools of the board within the meaning of subsection 29 (2.6) of the 2003-2004 grant regulation, but that are neither rural secondary schools nor outlying secondary schools. 33. For each secondary school identified under paragraph 32, subtract the amount determined under paragraph 17 of subsection 37 (3) of the 2003-2004 grant regulation from the amount determined under paragraph 18.1 of that subsection of that regulation.  If the difference determined for a school is negative, the amount for that school is deemed to be zero. 34. Total the amounts determined under paragraph 33 for the secondary schools identified under paragraph 32. 35. Take the amount, if any, set out in Column 3 of Table 12 opposite the name of the board. 36. Total the amounts determined under paragraphs 34 and 35. 37. Identify the rural secondary schools of the board that are not outlying secondary schools of the board. 38. Total the amounts determined under subparagraph 30 x for the rural secondary schools of the board identified in paragraph 37.  If the number determined for a school under subparagraph 30 i is zero, or if the number determined for the school under subparagraph 30 x is negative, the number determined for the school under subparagraph 30 x is deemed to be zero for the purposes of this paragraph. 39. Total the amounts determined under subparagraph 30 xi for the rural secondary schools of the board identified in paragraph 37. 40. Subtract the amount determined under paragraph 39 from the amount determined under paragraph 38. 41. Total the amounts determined under subparagraph 30 x for the outlying secondary schools of the board.  If the number determined for a school under subparagraph 30 i is zero, or if the number determined for the school under subparagraph 30 x is negative, the number determined for the school under subparagraph 30 x is deemed to be zero for the purposes of this paragraph. 42. Total the amounts determined under subparagraph 30 xi for the outlying secondary schools of the board. 43. Subtract the amount determined under paragraph 42 from the amount determined under paragraph 41. 44. Take the lesser of, i. the amount for renewal software licensing fees set out in Column 2 of Table 13 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. 45. Take the community use of schools amount set out in Column 2 of Table 14 opposite the name of the board. 45.1 In the case of the Northeastern Catholic District School Board, take $100,000. 46. Total the amounts determined under paragraphs 15, 17, 22, 26, 29, 31, 36, 40, 43, 44, 45 and 45.1.  O. Reg. 155/09, s. 45 (1); O. Reg. 352/09, s. 16. (2) For the purposes of paragraph 3 of subsection (1), 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 (1); (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. 155/09, s. 45 (2). (3) In determining an amount for the purposes of subsection (2), the Minister shall have regard to the effect of the circumstances referred to in clauses (2) (a) to (d) on the board’s space needs.  O. Reg. 155/09, s. 45 (3). (4) Subject to subsection (5), subsections (2) and (3) 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. 155/09, s. 45 (4). (5) The Minister shall not approve a factor for a board under subsection (4) that is greater than the factor approved for the board under subsection (6).  O. Reg. 155/09, s. 45 (5). (6) Subsections (2) and (3) 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. 155/09, s. 45 (6).