Fees Paid to Boards other than Section 68 Boards — General
3. (1) This section applies in respect of a pupil who is enrolled in a school operated by a board, other than a section 68 board, if a fee in respect of the pupil is receivable by the board from, (a) another board; (b) the Crown in right of Canada; (c) 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) This section also applies in respect of a pupil who is enrolled in a school operated by a board, other than a section 68 board, if subsection 49 (6) of the Act applies to the pupil. (3) The fee in respect of a pupil described in subsection (1) or (2) shall be calculated as follows: 1. Take the amount calculated for the old board that operated the school in 1997 under paragraphs 1 to 4 of subsection 3 (1) of Ontario Regulation 81/97, except that the current cost of operating used in the calculation shall be increased by the excess described as B in the definition of “maximum recognized day school O.E.” in Ontario Regulation 78/97, as calculated for the old board that operated the school in 1997. 2. Multiply the day school A.D.E. of the pupil by the sum of, i. the amount determined under paragraph 1, and ii. the P.A.C.for that pupil. (4) The fee in respect of a pupil referred to in subsection (1) or (2) who is enrolled in a Native language program and whose fee is receivable from the Crown in right of Canada or from 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, may, at the option of the board, be increased by an amount equal to the portion of the eligible sum for Native as a second language that would be generated for the pupil if he or she were a resident pupil of the board. (5) For the purposes of subsection (4), the eligible sum for Native as a second language is, (a) in respect of an elementary school pupil, (i) $219, where the pupil is enrolled in a Native language program for an average of 20 or more minutes but less than 40 minutes per school day, or (ii) $389, where the pupil is enrolled in a Native language program for an average of 40 or more minutes per school day; and (b) in respect of a secondary school pupil enrolled in a Native language program, the product obtained by multiplying the number of credits or credit equivalents that may be granted to the pupil for the program by, (i) $57 in the case of a program offered in the intermediate division, or (ii) $75 in the case of a program offered in the senior division. (6) The fee in respect of a pupil referred to in subsection (1) or (2) who is enrolled in a high cost program may, at the option of the board, be increased by multiplying the fee by a factor agreed on by the board providing the instruction and the party from whom the fee is receivable or, in the absence of agreement, by a factor determined in accordance with subsection (7). (7) If the board providing the instruction and the party from whom the fee is receivable cannot agree on a factor, the factor shall be determined by three arbitrators, appointed as follows: 1. One arbitrator shall be appointed by the board that provides the instruction. 2. One arbitrator shall be appointed by the party from whom the fee is receivable. 3. One arbitrator shall be appointed by the arbitrators appointed under paragraphs 1 and 2. (8) The decision of the arbitrators or a majority of them is final and binding on the board providing the instruction and the party from whom the fee is receivable. (9) The number of pupils in a high cost program provided by the board in respect of whom the fee receivable by the board from one party may be increased under subsection (6) or (7) shall not exceed the amount obtained by, (a) multiplying the day school A.D.E. of the pupils in respect of whom fees are receivable by the board from the party by the ratio of the day school A.D.E. of the pupils registered in the high cost program to the day school A.D.E.of the pupils enrolled in schools operated by the board; and (b) subtracting the product obtained under clause (a) from the day school A.D.E. of the pupils registered in the high cost program in respect of whom fees are receivable by the board from the party. O. Reg. 284/98, s. 3.