jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
2. (1) Subject to subsections (2) to (5), for the purposes of this Regulation, a pupil is a pupil of a board if he or she is enrolled in a school operated by the board. (2) A pupil who receives instruction in an education program provided by a board in a facility described or mentioned in subsection 19 (2) is not a pupil enrolled in a school of the board for the purposes of subsection (1). (3) Subsection (4) applies where, (a) the area of jurisdiction of a separate district school board includes all or part of the area that was, immediately before January 1, 1998, the area of jurisdiction of an unextended old board; (b) the separate district school board does not operate a secondary school in the area that was, immediately before January 1, 1998, the area of jurisdiction of the unextended old board; and (c) the separate district school board has entered into a purchase of services agreement with a public board to provide instruction, in schools located in the area that was, immediately before January 1, 1998, the area of jurisdiction of the unextended old board, to secondary school pupils who are qualified to be resident pupils of the separate board. (4) For the purposes of this Regulation, pupils receiving instruction under an agreement referred to in clause (3) (c) are pupils of the separate district school board and are not pupils of the public board. (5) For the purposes of this Regulation, the following are not pupils of a board even if they are enrolled in a school of the board: 1. A pupil who is a registered Indian residing on a reserve within the meaning of the Indian Act (Canada). 2. A pupil who is liable to pay fees as specified in subsection 49 (6) of the Education Act because he or she is a visitor within the meaning of the Immigration Act (Canada) or is in possession of a student authorization issued under that Act. 3. A pupil in respect of whom the board may charge a fee under section 5 of the 1998-99 fees regulation. O. Reg. 287/98, s. 2.
Interpretation
4. (1) A count of pupils for the purposes of this Regulation on the basis of average daily enrolment or on the basis of full-time equivalent enrolment shall be accurate to two decimal places. (2) A count of teachers for the purposes of this Regulation on the basis of full-time equivalence shall be accurate to one decimal place. O. Reg. 287/98, s. 4. General
General
5. (1) The legislative grant payable for the 1998-99 fiscal year to a district school board is the amount calculated under Part II. (2) The legislative grant payable for the 1998-99 fiscal year to an isolate board is the amount calculated under Part III. (3) The legislative grant payable for the 1998-99 fiscal year to a section 68 board is the amount calculated under Part III. O. Reg. 287/98, s. 5.
General
6. Except as otherwise provided in sections 48 and 49, a legislative grant payable under this Regulation shall be paid on an estimated basis during the 1998-99 fiscal year and such adjustments as may be necessary shall be made after the actual financial, enrolment and other data are available. O. Reg. 287/98, s. 6.
General
7. (1) It is a condition of the payment of a grant to a board under this Regulation that the board comply with all Acts administered by the Minister and with all regulations, policies, guidelines, directives and similar instruments made under an Act administered by the Minister. (2) Where a board contravenes an Act administered by the Minister or a regulation, policy, guideline, directive or similar instrument made under an Act administered by the Minister, the Minister may withhold all or part of a grant otherwise payable to the board under the Act until the board takes the steps necessary to correct the situation. O. Reg. 287/98, s. 7.
General
8. Where the amount payable to an old board under a general legislative grant regulation was overpaid, the overpayment shall be deducted from the grants payable under this Regulation to the designated board associated with the old board and to the supported board associated with the old board, in accordance with the appropriate distribution ratios as determined under the directives published in September, 1997 by the Education Improvement Commission and titled “Directives for the Distribution of Assets and Liabilities Among District School Boards”. O. Reg. 287/98, s. 8.
General
9. Where the amount payable to an old board under a general legislative grant regulation was underpaid, the underpayment shall be added to the grants payable under this Regulation to the designated board associated with the old board and to the supported board associated with the old board, in accordance with the appropriate distribution ratios as determined under the directives published in September, 1997 by the Education Improvement Commission and titled “Directives for the Distribution of Assets and Liabilities Among District School Boards”. O. Reg. 287/98, s. 9. PART II   GRANTS TO DISTRICT SCHOOL BOARDS Grant Entitlement
Grant Entitlement
10. (1) For the purposes of this Part, the following are types of allocations: 1. Foundation allocation. 2. Special education allocation. 3. Language allocation. 4. Small schools allocation. 5. Remote and rural allocation. 6. Learning opportunity allocation. 6.1 Summer school remedial allocation. 7. Adult education, continuing education and summer school allocation. 8. Teacher compensation allocation. 8.1 Retirement gratuity allocation. 9. Early learning allocation. 10. Transportation allocation. 11. Administration and governance allocation. 12. Pupil accommodation allocation. 13. Debt charges allocation. O. Reg. 287/98, s. 10 (1); O. Reg. 537/98, s. 1; O. Reg. 212/99, s. 1. (2) For the purposes of this Regulation, an old board is a predecessor of a district school board if the district school board is listed in Column 2 or 3 of Schedule 1 to Ontario Regulation 460/97, opposite the old board listed in Column 1 of that Schedule. O. Reg. 287/98, s. 10 (2).
Grant Entitlement
11. A district school board shall be paid a grant in an amount determined as follows: 1. Determine the 1998-99 tax revenue of the board, in accordance with section 12. 2. Determine the amount of each type of allocation for the board, in accordance with sections 13 to 38. 3. Total the amounts determined for the board under paragraph 2. 4. Adjust the amount determined under paragraph 3 in accordance with section 40. 5. Deduct the amount determined under paragraph 1 for the board from the amount determined under paragraph 4 for the board. 6. Deduct the fees revenue received by the board under section 4 of the 1998-99 fees regulation. 7. Deduct the amount that is in the board’s reserve fund under subsection 233 (1) of the Act on August 31, 1999, immediately before the transfer under subsection 233 (2) of the Act. 8. Add the total of the amounts determined for the board for capital projects under subsection 48 (4). 9. Add the total of the amounts determined for the board for capital projects under subsection 49 (1). O. Reg. 287/98, s. 11. 1998-99 Tax Revenue of a District School Board
Foundation Allocation
13. For the purposes of paragraph 2 of section 11, the amount of the foundation allocation for a district school board shall be determined as follows: 1. Take the 1998-99 day school average daily enrolment of elementary pupils of the board. 2. Multiply the number determined under paragraph 1 by $3,367. 3. Take the 1998-99 day school average daily enrolment of secondary pupils of the board. 4. Multiply the number determined under paragraph 3 by $3,953. 5. Total the products obtained under paragraphs 2 and 4. O. Reg. 287/98, s. 13. Special Education Allocation
Special Education Allocation
14. For the purposes of paragraph 2 of section 11, the amount of the special education allocation for a district school board shall be determined as follows: 1. Determine the enrolment-based special education amount for the board, in accordance with section 15. 2. Determine the equipment ISA for the board, in accordance with section 16. 3. Determine the program ISA for the board, in accordance with section 17. 4. Determine the programs in facilities amount for the board, in accordance with section 19. 5. Total the amounts determined under paragraphs 1 to 4. O. Reg. 287/98, s. 14.
Special Education Allocation
15. For the purposes of paragraph 1 of section 14, the enrolment-based special education amount for the board shall be determined as follows: 1. Take the 1998-99 day school average daily enrolment of elementary pupils of the board. 2. Multiply the number determined under paragraph 1 by $347. 3. Take the 1998-99 day school average daily enrolment of secondary pupils of the board. 4. Multiply the number determined under paragraph 3 by $214. 5. Total the amounts determined under paragraphs 2 and 4. O. Reg. 287/98, s. 15.
Special Education Allocation
16. (1) For the purposes of subsection (2), an equipment ISA claim for a pupil of a board is an approved equipment ISA claim for the pupil if, (a) the board has designated the pupil as an ISA level 1 pupil in accordance with the Ministry publication entitled “Resource Manual for the Special Education Grant Intensive Support Amount (ISA)”, dated May 15, 1998; (b) the board has made an ISA level 1 claim for expenditures in excess of $800 for special equipment for the pupil, in accordance with the Ministry publication entitled “Resource Manual for the Special Education Grant Intensive Support Amount (ISA)”, dated May 15, 1998; and (c) the Minister has approved the designation referred to in clause (a) and the claim referred to in clause (b). (2) For the purposes of paragraph 2 of section 14, the equipment ISA for a board shall be calculated by totalling the approved equipment ISA claims for pupils of the board. O. Reg. 287/98, s. 16.
Special Education Allocation
17. For the purposes of paragraph 3 of section 14, the program ISA for a board is the greater of, (a) the amount specified in Column 2 of Table 1, opposite the name of the board, multiplied by the 1998-99 day school average daily enrolment of pupils of the board; and (b) the ISA level 2 and 3 funding total determined for the board under subsection 18 (5). O. Reg. 287/98, s. 17.
Special Education Allocation
18. (1) For the purposes of subsection (2), a pupil of a board is a pupil approved for ISA level 2 funding if, (a) the board has designated the pupil as an ISA level 2 pupil in accordance with the Ministry publication entitled “Resource Manual for the Special Education Grant Intensive Support Amount (ISA)”, dated May 15, 1998; and (b) the Minister has approved the designation referred to in clause (a). (2) The ISA level 2 funding for a board shall be calculated by multiplying the number of approved ISA level 2 pupils of the board by $12,000. (3) For the purposes of subsection (4), a pupil of a board is a pupil approved for ISA level 3 funding if, (a) the board has designated the pupil as an ISA level 3 pupil in accordance with the Ministry publication entitled “Resource Manual for the Special Education Grant Intensive Support Amount (ISA)”, dated May 15, 1998; and (b) the Minister has approved the designation referred to in clause (a). (4) The ISA level 3 funding for a board shall be calculated by multiplying the number of approved ISA level 3 pupils of the board by $27,000. (5) The ISA level 2 and 3 funding total for a board shall be calculated by adding the amount determined for the board under subsection (2) to the amount determined for the board under subsection (4). O. Reg. 287/98, s. 18.
Special Education Allocation
20. (1) Subsections (2) and (3) apply where an ISA level 1 claim has been approved for one board under section 16 in respect of a pupil and the pupil enrolls in a school operated by second board during the 1998-99 fiscal year. (2) The equipment for which the ISA level 1 claim was approved shall move with the pupil from the first board to the second board, unless in the opinion of the second board moving the equipment is not practical. (3) Any unspent part of the ISA level 1 claim amount approved in respect of the pupil shall be deducted from the amount determined under subsection 16 (2) for the first board and added to the amount determined under subsection 16 (2) for the second board. (4) Subsection (5) applies where, (a) the amount determined for a board under clause 17 (b) is greater than the amount determined for the board under clause 17 (a); and (b) a pupil in respect of whom an amount has been calculated for the board under subsection 18 (2) or (4) enrolls in a school operated by a second board during the 1998-99 fiscal year. (5) The amount calculated for the first board under subsection 18 (2) or (4) in respect of the pupil shall be apportioned between the two boards, in the proportions that the Minister considers appropriate having regard to the costs of the boards in connection with providing the pupil’s special education program. O. Reg. 287/98, s. 20. Language Allocation — English-language District School Boards
Language Allocation — English-language District School Boards
21. For the purposes of paragraph 2 of section 11, the amount of the language allocation for an English-language district school board shall be determined as follows: 1. Determine the French as a second language amount for the board, in accordance with section 22. 2. Determine the Native as a second language amount for the board, in accordance with section 23. 3. Determine the ESL/ESD amount for the board, in accordance with section 24. 4. Total the amounts determined under paragraphs 1, 2 and 3. O. Reg. 287/98, s. 21.
Language Allocation — English-language District School Boards
24. (1) For the purposes of paragraph 3 of section 21, the ESL/ESD amount for the board shall be determined as follows: 1. Determine, as of October 31, 1998, the number of pupils of the board who entered Canada during the period beginning September 1, 1997 and ending August 31, 1998 from countries described in subsection (2), excluding pupils who are 21 years of age or more on December 31, 1998, and multiply that number by 1.0. 2. Determine, as of October 31, 1998, the number of pupils of the board who entered Canada during the period beginning September 1, 1996 and ending August 31, 1997 from countries described in subsection (2), excluding pupils who are 21 years of age or more on December 31, 1998, and multiply that number by 0.6. 3. Determine, as of October 31, 1998, the number of pupils of the board who entered Canada during the period beginning September 1, 1995 and ending August 31, 1996 from countries described in subsection (2), excluding pupils who are 21 years of age or more on December 31, 1998, and multiply that number by 0.3. 4. Multiply the 1998-99 day school average daily enrolment of pupils of the board by the percentage set out for the board in Table 2. 5. Total the products obtained under paragraphs 1 to 4. 6. Multiply the amount determined under paragraph 5 by $2,235. (2) Paragraphs 1 to 3 of subsection (1) apply in respect of, (a) countries where English is not the first language of a majority of the population; and (b) countries where a majority of the population speaks a variety of English that is so different from the English used as the language of instruction in schools of the board that an ESL or ESD program should be offered to pupils from those countries. O. Reg. 287/98, s. 24. Language Allocation — French-language District School Boards
Language Allocation — French-language District School Boards
25. For the purposes of paragraph 2 of section 11, the amount of the language allocation for a French-language district school board shall be determined as follows: 1. Determine the French as a first language amount for the board, in accordance with section 26. 2. Determine the Native as a second language amount for the board, in accordance with section 27. 3. Determine the ALF/PDF amount for the board, in accordance with section 28. 4. Total the amounts determined under paragraphs 1, 2 and 3. O. Reg. 287/98, s. 25.
Language Allocation — French-language District School Boards
26. (1) For the purposes of paragraph 1 of section 25, the French as a first language amount for the board shall be determined as follows: 1. Multiply by $291 the number of elementary school pupils of the board on October 31, 1998. 2. Multiply the 1998-99 day school average daily enrolment of secondary pupils of the board by $460. 3. Determine the start-up amount for new elementary schools of the board, in accordance with subsection (2). 4. Total the amounts determined under paragraphs 1, 2 and 3. O. Reg. 287/98, s. 26 (1); O. Reg. 469/98, s. 1. (2) For the purposes of paragraph 3 of subsection (1), the start-up amount for new elementary schools of the board shall be determined by multiplying the number of elementary schools of the board that are being governed for the first time by the board in September, 1998 by $10,800. O. Reg. 287/98, s. 26 (2).
Language Allocation — French-language District School Boards
27. For the purposes of paragraph 2 of section 25, the Native as a second language amount for the board shall be determined in the manner provided in section 23 for English-language district school boards. O. Reg. 287/98, s. 27.
Remote and Rural Allocation
30. For the purposes of paragraph 2 of section 11, the amount of the remote and rural allocation for a district school board shall be determined as follows: 1. Determine the per pupil distance amount for the board, in accordance with the following: i. If the distance specified for the board in Column 2 of Table 4 is less than 151 kilometres, the per pupil distance amount is zero. ii. If the distance specified for the board in Column 2 of Table 4 is 151 kilometres or more but less than 650 kilometres, the per pupil distance amount shall be determined by subtracting 150 from that distance and multiplying the result by $0.962. iii. If the distance specified for the board in Column 2 of Table 4 is 650 kilometres or more but less than 1,150 kilometres, the per pupil distance amount shall be determined as follows: Subtract 650 from that distance. Multiply the result by $0.134. Add $481 to the product. iv. If the distance specified for the board in Column 2 of Table 4 is 1,150 kilometres or more, the per pupil distance amount is $548. 2. Multiply the per pupil distance amount determined for the board under paragraph 1 by the urban factor specified for the board in Column 3 of Table 4. 3. Determine the per pupil sparsity amount for the board in accordance with the following: i. Determine the pupil density by dividing the 1998-99 day school average daily enrolment for the board, as determined under section 2 of the 1998-99 A.D.E. regulation, not counting pupils who are 21 years of age or more on December 31, 1998, by the board’s area in square kilometres, as specified in the Schedule to Ontario Regulation 250/97, as it read immediately before that Regulation was revoked. ii. If the number determined under subparagraph i is less than one, the per pupil sparsity amount shall be determined by subtracting that number from one and multiplying the result by $400. iii. If the number determined under subparagraph i is one or greater than one, the per pupil sparsity amount is zero. 4. Add the per pupil sparsity amount determined for the board under paragraph 3 to the amount determined for the board under paragraph 2. 5. Multiply the amount obtained under paragraph 4 by the 1998-99 day school average daily enrolment of pupils of the board. O. Reg. 287/98, s. 30; O. Reg. 469/98, s. 2; O. Reg. 530/00, s. 2. Learning Opportunities Allocation
Learning Opportunities Allocation
31. For the purposes of paragraph 2 of section 11, the amount of the learning opportunities allocation for a district school board shall be the amount set out in Column 2 of Table 5, opposite the name of the board. O. Reg. 287/98, s. 31. Summer School Remedial Allocation
Summer School Remedial Allocation
31.1 (1) For the purposes of paragraph 2 of section 11, the amount of the summer school remedial allocation for a district school board shall be determined as follows: 1. Determine the summer school average daily enrolment for the board for the 1998-99 fiscal year in accordance with section 4 of the 1998-99 A.D.E. regulation, counting only pupils of the board enrolled in classes or courses described in subclause (b) (iii) of the definition of “summer school class or course” in subsection 4 (1) of that regulation. 2. Multiply the number determined under paragraph 1 by $2,257. 3. Add the amount determined for the board under subsection (2) on account of transportation costs related to summer school remedial instruction. (2) For the purposes of paragraph 3 of subsection (2), an amount on account of transportation costs related to summer school remedial instruction shall be determined for the board as follows: 1. Take the amount of the transportation allocation determined for the board under section 35. 2. Divide the amount taken under paragraph 1 by the 1998-99 day school average daily enrolment of pupils of the board. 3. Multiply the result obtained under paragraph 2 by the enrolment amount determined under paragraph 1 of subsection (1). O. Reg. 212/99, s. 3. Adult Education, Continuing Education and Summer School Allocation
Adult Education, Continuing Education and Summer School Allocation
32. (1) For the purposes of paragraph 2 of section 11, the amount of the adult education, continuing education and summer school allocation for a district school board shall be determined as follows: 1. Determine the day school average daily enrolment for the board for the 1998-99 fiscal year, in accordance with section 2 of the 1998-99 A.D.E. regulation, counting only pupils of the board who are 21 years of age or more on December 31, 1998. 2. Determine the continuing education average daily enrolment for the board for the 1998-99 fiscal year, in accordance with section 3 of the 1998-99 A.D.E. regulation. 3. Determine the summer school average daily enrolment for the board for the 1998-99 fiscal year in accordance with section 4 of the 1998-99 A.D.E. regulation, counting only pupils enrolled in classes or courses described in subclause (b) (i) or (ii) of the definition of “summer school class or course” in subsection 4 (1) of that regulation. 4. Add the numbers determined under paragraphs 1, 2 and 3. 5. Multiply the total determined under paragraph 4 by $2,257. 6. Determine the amount for international languages for the board, in accordance with subsections (2) to (4). 7. Total the amounts determined under paragraphs 5 and 6. O. Reg. 287/98, s. 32 (1); O. Reg. 212/99, s. 4. (2) Subsections (3) and (4) apply where a board establishes classes to provide instruction in a language other than English or French and the classes have been approved by the Minister as being part of an international languages elementary school program. (3) Except as provided in subsection (4), the amount for international languages for the board shall be the number of hours of instruction provided by the board in classes described in subsection (2), multiplied by $41. (4) Where the quotient obtained by dividing the number of elementary school pupils enrolled in classes described in subsection (2) that have been established by the board by the number of such classes is less than 25, the $41 per hour rate specified in subsection (3) shall be reduced by the product of $1 and the difference between the quotient and 25. O. Reg. 287/98, s. 32 (2-4). Teacher Compensation Allocation
Debt Charges Allocation
38. (1) Subject to subsections (2) and (3), for the purposes of paragraph 2 of section 11, the amount of the debt charges allocation for a district school board shall be the total of the payments on account of principal and interest that are due and payable by the board in the 1998-99 fiscal year in order to service debt incurred, by the board or by a predecessor old board of the board, to finance the acquisition of a capital asset where, (a) the acquisition is pursuant to a contractual obligation entered into by the board or predecessor old board before May 15, 1998; or (b) the acquisition is for the purposes of a capital project the estimated project cost of which was approved in writing by the Minister before May 15, 1998. (2) With respect to debt incurred before May 15, 1998, subsection (1) ceases to apply in respect of a debt if the amount, terms or conditions of the obligation are re-negotiated on or after May 15, unless the re-negotiated amount, terms and conditions are approved in writing by the Minister. (3) With respect to debt incurred on or after May 15, 1998, subsection (1) applies only if the amount, terms and conditions of the debt are approved in writing by the Minister. O. Reg. 287/98, s. 38. Phase-in Funding
Phase-in Funding
39. (1) In sections 40 to 47, a reference to the relevant language portion of an old board has the same meaning as in Ontario Regulation 285/98. (2) For the purposes of sections 40 to 47, the allocation ratio for the relevant language portion of an old board is the allocation ratio specified or determined for the language portion under section 13 of Ontario Regulation 285/98. (3) For the purposes of sections 40 to 47, if the Minister reasonably concludes that an amount reported at a code point in a financial statement is incorrect because of an error in calculation, because of an error in filling out the form for the financial statement or because an amendment to a previous legislative grant regulation was not taken into account in calculating the amount, the Minister shall make the appropriate correction and the corrected amount shall be deemed to be the amount reported at the code point in the financial statement. O. Reg. 287/98, s. 39.
Phase-in Funding
40. For the purposes of paragraph 4 of section 11, the total determined for a district school board under paragraph 3 of section 11 shall be adjusted as follows: 1. Calculate the deemed operating revenue for 1997 for the board, in accordance with section 41. 2. Calculate the 1998-99 fiscal year operating revenue for the board, in accordance with section 42. 3. Using the calculations under paragraphs 1 and 2, calculate the change in operating revenue for the board, in accordance with section 43. 4. Calculate the deemed 1997 enrolment for the board, in accordance with section 44. 5. Calculate the adjusted change in operating revenue for the board, in accordance with section 45. 6. Where the adjusted change in operating revenue for the board is more than 1.04, subtract an amount determined in accordance with section 46 from the total determined for the board under paragraph 3 of section 11. 7. Where the adjusted change in operating revenue for the board or the change in operating revenue for the board is less than 0.96, add an amount determined in accordance with section 47 to the total determined for the board under paragraph 3 of section 11. O. Reg. 287/98, s. 40.
Phase-in Funding
42. For the purposes of paragraph 2 of section 40, the 1998-99 fiscal year operating revenue for a district school board shall be calculated as follows: 1. Total the amounts determined for the board under this Regulation for each type of allocation. 2. Deduct the amount determined for the board for school renewal under subsection 37 (7). 3. Deduct the amount determined for the board for new pupil places under subsection 37 (8). 4. Deduct the amount of the debt charges allocation for the board, as determined under section 38. 5. Deduct the amount of the retirement gratuity allocation, as determined under section 33.1. 5.1 Deduct the amount of the summer school remedial allocation determined for the board under section 31.1. 6. Deduct the amount, if any, by which the amount determined for the board under subsection 18 (5) exceeds the amount determined for the board under clause 17 (a). O. Reg. 287/98, s. 42; O. Reg. 537/98, s. 3; O. Reg. 651/98, s. 2; O. Reg. 212/99, s. 5.
Phase-in Funding
43. For the purposes of paragraph 3 of section 40, the change in operating revenue for a board shall be calculated by dividing the 1998-99 fiscal year operating revenue for the board, as determined under section 42, by the deemed operating revenue for 1997 for the board, as determined under section 41. O. Reg. 287/98, s. 43.
Phase-in Funding
45. For the purposes of paragraph 5 of section 40, the adjusted change in operating revenue for a board shall be calculated by multiplying the change in operating revenue calculated for the board under section 43 by a factor obtained by dividing the deemed 1997 enrolment for the board, calculated under section 44, by the 1998-99 day school average daily enrolment of pupils of the board, excluding pupils of the board enrolled in junior kindergarten. O. Reg. 287/98, s. 45.
Phase-in Funding
46. (1) This section applies where the adjusted change in operating revenue for the board, as calculated under section 45, is more than 1.04. (2) Where this section applies, an amount calculated as follows shall be subtracted from the total determined for the board under paragraph 3 of section 11: 1. Determine the amount by which the adjusted change in operating revenue for the board, as calculated under section 45, exceeds 1.04. 2. Multiply the amount obtained under paragraph 1 by the deemed operating revenue for 1997 for the board, as calculated under section 41. O. Reg. 287/98, s. 46.
Phase-in Funding
47. (1) This section applies where the adjusted change in operating revenue for the board, as calculated under section 45, or the change in operating revenue for the board, as calculated under section 43, is less than 0.96. O. Reg. 287/98, s. 47 (1). (2) Where this section applies, an amount calculated as follows shall be added to the total determined for the board under paragraph 3 of section 11: 1. Determine the amount by which the change in operating revenue for the board, as calculated under section 43, is less than 0.96. 2. Multiply the amount obtained under paragraph 1 by the deemed operating revenue for 1997 for the board, as calculated under section 41. 3. Determine the amount by which the adjusted change in operating revenue for the board, as calculated under section 45, is less than 0.96. 4. Multiply the amount obtained under paragraph 3 by the deemed operating revenue for 1997 for the board, as calculated under section 41. 5. Take the greater of the amounts determined under paragraphs 2 and 4. 6. Deduct from the amount determined under paragraph 5 the amount, if any, by which the amount determined for the board under subsection 18 (5) exceeds the amount determined for the board under clause 17 (a). O. Reg. 287/98, s. 47 (2); O. Reg. 651/98, s. 3. Grants for Capital Projects for which an Estimated Cost was Approved before September 1, 1998
Grants for Capital Projects for which an Estimated Cost was Approved before September 1, 1998
48. (1) In this section, “capital project” means a project for the acquisition of capital assets; (“projet d’immobilisations”) “capital projects Table” means Table 2 to Ontario Regulation 285/98.(“tableau des projets d’immobilisations”) (2) For the purposes of this section, a capital project is an approved 1998-99 capital project if, (a) the Minister gives an approval in writing of the estimated cost for the project on or before September 1, 1998; and (b) the Minister gives a final approval in writing for the project during the period beginning September 1, 1998 and ending August 31, 1999. (3) For the purposes of this section, (a) an approved 1998-99 capital project is an approved 1998-99 growth capital project if the project is intended to result in an increase in the pupil places of a board or in the purchase of land for the purposes of increasing the pupil places of a board; and (b) an approved 1998-99 capital project is an approved 1998-99 non-growth capital project if it is not an approved growth capital project. (4) A district school board shall be paid a grant in respect of each approved 1998-99 capital project of the board in an amount equal to the product of, (a) the lesser of, (i) the project cost specified in the final approval for the project referred to in clause (2) (b), and (ii) the total of the actual expenditures by the board for the project in respect of which claims are made in accordance with the directions of the Minister before August 31, 1999; and (b) the rate determined under subsections (6) to (8). (5) When exercising the authority provided by subsection 234 (8) of the Act for the purposes of grants payable under this section, the Minister may provide for an instalment to be paid after August 31, 1999. (6) The rate for an approved 1998-99 non-growth capital project of a district school board is the rate set out in Column 3 of the capital projects Table, opposite the listing in Column 1 for the district school board and the listing in Column 2 for the predecessor old board that proposed the project. (7) The rate for an approved 1998-99 growth capital project of a district school board is the rate set out in Column 4 of the capital projects Table, opposite the listing in Column 1 for the district school board and the listing in Column 2 for the predecessor old board that proposed the project. (8) Despite subsections (6) and (7), the rate for an approved 1998-99 capital project in respect of a secondary school of a French-language district school board is the rate set out in Column 5 of the capital projects Table, opposite the listing in Column 1 for the district school board and the listing in Column 2 for the predecessor old board that proposed the project. O. Reg. 287/98, s. 48.
Grants for Capital Projects for which an Estimated Cost was Approved before September 1, 1998
49. (1) Any grant or portion of a grant that is payable to a district school board in respect of a capital project under a previous legislative grant regulation and that is not paid before September 1, 1998 shall be deemed to be a grant payable under this Regulation. (2) When exercising the authority provided by subsection 234 (8) of the Act for the purposes of grants or portions of grants payable under this section, the Minister may provide for an instalment to be paid after August 31, 1999. (3) Any grant or portion of a grant that is payable under subsection (1) is not payable under any previous legislative grant regulation. O. Reg. 287/98, s. 49. Enveloping
Enveloping
50. It is a condition of the payment of a grant to a district school board under this Regulation that the board manage its estimates process and its expenditures so as to ensure compliance with the requirements of sections 51 to 53. O. Reg. 287/98, s. 50.
Enveloping
52. (1) Subject to subsection (2), a district school board shall ensure that an amount equal to the special education allocation determined for the board under section 14, less the programs in facilities amount determined for the board under section 19, is spent in the 1998-99 fiscal year on special education for pupils of the board. (2) Where a board’s expenditure on special education for its pupils in the 1998-99 fiscal year is less than the result obtained by subtracting the programs in facilities amount determined for the board under section 19 from the special education allocation determined for the board under section 14, the board shall place the difference in the board’s special education reserve fund. (3) This section shall not be interpreted as limiting the amount that a board may spend on special education. O. Reg. 287/98, s. 52.
Enveloping
53. (1) Subject to subsection (2), a district school board shall ensure that an amount equal to the total of the following three amounts is spent in the 1998-99 fiscal year on the acquisition of capital assets: 1. The amount determined for the board under subsection 37 (7) for school renewal. 2. The amount determined for the board under subsection 37 (8) for new pupil places. 3. The amount determined for the board under subsection 37 (13) for leased instructional space. O. Reg. 560/98, s. 3. (2) Where a board’s expenditure in the 1998-99 fiscal year on the acquisition of capital assets is less than the total amount referred to in subsection (1), the board shall place the difference in the board’s pupil accommodation allocation reserve fund. O. Reg. 212/99, s. 6. (3) This section shall not be interpreted as limiting the amount that a board may spend on the acquisition of capital assets. O. Reg. 287/98, s. 53 (3).
Enveloping
54. (1) It is a condition of the payment of a grant to a district school board under this Regulation that, (a) the board manage its estimates process and its expenditures so that the total of its administration expenditures and governance expenditures in the 1998-99 fiscal year does not exceed the administration and governance allocation amount determined for it under section 36; or (b) the board submit the plan referred to in subsection (6). (2) For the purposes of this section, (a) an expenditure by a board is an administration expenditure if it is an expenditure categorized in the 1998-99 Uniform Code of Accounts as an administration expenditure; and (b) an expenditure by a board is a governance expenditure if it is an expenditure categorized in the 1998-99 Uniform Code of Accounts as a governance expenditure. (3) The Minister shall ensure that the 1998-99 Uniform Code of Accounts, required by subsection 51 (2), states which items of board expenditures are in the category of administration expenditure and which are in the category of governance expenditure. (4) In meeting the requirements of subsection (3), the Minister shall follow the categorizations of administration expenditures and governance expenditures set out in the three documents referred to in subsection 51 (3). (5) Subsection (4) does not prevent the Minister from making minor adjustments in categorizations for the purpose of improving the accuracy with which, (a) board expenditures that relate to administration are identified; and (b) board expenditures that relate to governance are identified. (6) Where the total of a board’s administration expenditures and governance expenditures in the 1998-99 fiscal year exceeds the administration and governance allocation amount determined for the board under section 36, the board shall submit a written plan to the Minister outlining how it proposes to reduce the total of the amounts that it spends on administration expenditures and governance expenditures so that, by the fiscal year 2000-2001, that total does not exceed the administration and governance allocation amount determined for the board under section 36. O. Reg. 287/98, s. 54. PART III   GRANTS TO SCHOOL AUTHORITIES Grants to Isolate Boards
Grants to Section 68 Boards
56. A section 68 board shall be paid a grant in an amount determined as follows: 1. Take the expenditure of the board for the 1998-99 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, iii. expenditures for the restoration of destroyed or damaged capital assets, and iv. provisions for reserves for working funds and provisions for reserve funds. 2. Deduct any transfers from reserves for working funds or from reserve funds made during the 1998-99 fiscal year. 3. Deduct the revenue of the board for the 1998-99 fiscal year, not including revenue from, i. legislative grants, ii. an organization on whose property a school of the board is located, and iii. refunds of expenditure of the kind described in subparagraph i, ii or iii of paragraph 1. O. Reg. 287/98, s. 56. PART IV   PAYMENTS TO GOVERNING AUTHORITIES
Grants to Section 68 Boards
57. In this Part, “Crown establishment” means an establishment maintained by a Department of the Government of Canada, a federal Crown company, The Royal Canadian Mounted Police or Atomic Energy of Canada Limited, on lands held by the Crown in right of Canada that are not assessable for school purposes, and includes a reserve as defined in the Indian Act (Canada). O. Reg. 287/98, s. 57.
Grants to Section 68 Boards
58. (1) This section applies where a pupil who is not resident in a Crown establishment, (a) resides in a territorial district on land that is not part of a school section or separate school zone and attends an elementary school supported by local taxation in Manitoba or Quebec; or (b) resides in a territorial district on land that is not part of a secondary school district and attends a secondary school supported by local taxation in Manitoba or Quebec. (2) The Minister shall pay the governing authority of the school attended by the pupil the amount agreed on between the governing authority and the Minister. O. Reg. 287/98, s. 58.