Education for First Nation pupils
 3. (1) This section applies in respect of a pupil who is enrolled in a day school program in a school operated by a district school board or an isolate board if a fee in respect of the pupil is receivable by the board from, (a) the Crown in right of Canada; or (b) a band, the council of a band or an education authority where the band, council of a band or education authority is authorized by the Crown in right of Canada to provide education for Indians. (2) The fee in respect of the pupil is calculated by multiplying the day school A.D.E. of the pupil by the base fee for the board as set out in, (a) Column 2 of Table 1, in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board; (b) Column 3 of Table 1, in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board; or (c) Column 2 of Table 2, in the case of a pupil who is enrolled in a school operated by an isolate board. (3) For the purposes of subsection (2), the day school A.D.E. of a pupil referred to in that subsection is the day school A.D.E. of other pupils of the board, calculated as if the pupil were the board’s only pupil. (4) If a party from whom a fee is payable requests, or if the board recommends and that party agrees, that the board provide an educational program, service or equipment for a pupil described in subsection (1) under an agreement that was entered into on or before August 31, 2019 under subsection 188 (1) of the Act, as that subsection read on August 31, 2019, the fee in respect of the pupil may be increased as follows: 1. If the board does not receive any funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment. 2. If the board receives partial funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment that exceeds the amount received in the base fee. (5) For the purposes of subsection (4), if the board providing the educational program, service or equipment and the party from whom the fee is receivable cannot agree on the amount by which the fee is to be increased, the amount shall be determined by three arbitrators, appointed as follows: 1. One arbitrator appointed by the board. 2. One arbitrator appointed by the party from whom the fee is receivable. 3. One arbitrator appointed by the arbitrators appointed under paragraphs 1 and 2. (6) The decision of the arbitrators or a majority of them is final and binding on the board and on the party from whom the fee is receivable. (7) Subject to subsection (8), if the board has entered into an agreement under subsection 188 (1.7) of the Act with an entity referred to in paragraph 1 of subsection 188 (1) of the Act, and the board agrees to provide supports and services prescribed under section 8 of Ontario Regulation 261/19 (Reciprocal Education Approach) made under the Act, the fee may be increased by an amount that is set out in the agreement. (8) The fee in respect of the services and supports referred to in subsection (7) shall not exceed the following amounts: 1. With respect to the services and supports referred to in paragraph 1 of subsection 8 (1) of Ontario Regulation 261/19, the fee shall not exceed $28,518. 2. With respect to the services and supports referred to in paragraph 2 of subsection 8 (1) of Ontario Regulation 261/19, the fee shall not exceed the cost of the equipment less $800. (9) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies.