jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application
 1. (1) This Regulation applies to boards for the 2022-2023 fiscal year and to governing authorities in respect of payments for the period from September 1, 2022 to August 31, 2023. (2) If, as of September 1, 2023, no regulation has been made under subsection 234 (1) of the Act in respect of the 2023-2024 fiscal year, this Regulation applies to boards for that fiscal year and to governing authorities in respect of payments for the period from September 1, 2023 to August 31, 2024, with necessary modifications, subject to the following: 1. For the purposes of section 14, a district school board’s operating revenue for the 2023-2024 fiscal year shall be the same as the amount determined for the board under that section for the 2022-2023 fiscal year. 2. For the purposes of section 15, the grant payable to a district school board for the 2023-2024 fiscal year shall be the same as the amount determined for the board under that section for the 2022-2023 fiscal year. 3. For the purposes of subsection 75 (1), the amount that shall apply to a board under that subsection for the 2023-2024 fiscal year shall be the same as determined for the board under that subsection for the 2022-2023 fiscal year. 4. For the purposes of subsection 76 (1), the net administration and governance expenses and administration and governance limit that shall apply to a board for the 2023-2024 fiscal year shall be the same as determined for the board under that subsection for the 2022-2023 fiscal year. 5. On the day a regulation made under subsection 234 (1) of the Act in respect of the 2023-2024 fiscal year comes into force, this Regulation ceases to apply in respect of that fiscal year.
October and March high-credit conditions
 7. (1) The following are the October high-credit conditions referred to in this Regulation: 1. The amount, if any, that would be calculated for the board under paragraph 7 of subsection 90 (1) if the pupil were the board’s only pupil must be greater than zero. 2. The amount, if any, that would be calculated for the board under paragraph 9 of subsection 90 (1) if the pupil were the board’s only pupil must be greater than zero. (2) The following are the March high-credit conditions referred to in this Regulation: 1. The amount, if any, that would be calculated for the board under paragraph 8 of subsection 90 (1) if the pupil were the board’s only pupil must be greater than zero. 2. The amount, if any, that would be calculated for the board under paragraph 9 of subsection 90 (1) if the pupil were the board’s only pupil must be greater than zero.
Documents referred to in this Regulation
 9. (1) The following documents referred to in this Regulation are available on a website of the Government of Ontario: 1. District School Board and School Authority Tangible Capital Assets: Provincial Accounting Policies and Implementation Guide, revised April 2022. 2. The Secondary Curriculum Documents. 3. Geographic Adjustment Factors - School Facility Specific, dated May 2015. 4. Variable Area Per Pupil Benchmark Table, dated May 2015. 5. User Guide for the School Facilities Inventory System Application, dated November 2009. 6. Memorandum 2018 SB05: Cash Management Strategy, dated April 16, 2018. 7. Memorandum 2018 SB19: Cash Management Strategy – Proceeds of Disposition, dated September 28, 2018. 8. Special Education Funding Guidelines: Special Equipment Amount (SEA), 2022-23. 9. Special Education Funding Guidelines: Special Incidence Portion (SIP), 2022-23. 10. Supplementary Application Form for Enhanced Education and Treatment (EET) Programs. 11. Application Form for an Education and Community Partnership Program for 2022-23. 12. Ontario Schools, Kindergarten to Grade 12: Policy and Program Requirements, 2016. 13. Elementary Teachers’ Federation of Ontario Employee Life and Health Trust Agreement and Declaration of Trust, dated October 6, 2016. 14. Ontario Secondary School Teachers’ Federation Employee Life and Health Trust Agreement and Declaration of Trust, dated October 6, 2016. 15. Ontario English Catholic Teachers’ Association Employee Life and Health Trust Agreement and Declaration of Trust, dated October 6, 2016. 16. Fiducie de soins de santé au bénéfice des membres de l’Association des enseignantes et des enseignants franco-ontariens — Convention et déclaration de fiducie, dated January 30, 2017. 17. Canadian Union of Public Employees Education Workers Benefits Trust Agreement, dated February 28, 2018. 18. Ontario Non-union Education Trust Agreement, dated March 8, 2018. 19. Memorandum 2022 SB04: Student Transportation – Grants for Student Needs, 2022-23, dated February 17, 2022. 20. The Ministry’s Uniform Code of Accounts, revised April 2022. 21. Memorandum 2021 B12: COVID-19 Resilience Infrastructure Stream: Education Related (CVRIS-EDU) Projects - Approvals, dated May 7, 2021. 22. The Report of the Pupil Accommodation Review Committee, dated August 1998. (2) The 2005 Data Form A, referred to in this Regulation, is available for public inspection at the offices of the Education Finance Office of the Ministry of Education. Legislative Grants (s. 234 of the Act)
Legislative grants
 10. (1) The legislative grant payable for the fiscal year to a district school board is the amount calculated under Part II. (2) The legislative grant payable for the fiscal year to an isolate board is the amount calculated under section 77. (3) The legislative grant payable for the fiscal year to a section 68 board is the amount calculated under section 78.
Payments
 11. (1) A legislative grant payable to a board under this Regulation is paid on an estimated basis during the fiscal year and such adjustments as may be necessary must be made after the actual financial, enrolment and other data are available. (2) Despite subsection (1), if a legislative grant payable to a board includes an amount that is subject to a condition requiring the board to borrow money or incur debt in accordance with subsection 247 (1) of the Act, that amount is payable in accordance with the following rules: 1. The amount is payable to the board in the fiscal year except as specified in paragraph 2. 2. If the board is required to make a payment in a subsequent fiscal year in respect of the money borrowed or the debt incurred, payment of a corresponding amount of the legislative grant to the board is deferred until, and is payable in, that fiscal year. 3. The amount of the deferred payment during a fiscal year may be paid on an estimated basis and may be adjusted as described in subsection (1). (3) Despite subsection (1), the Minister may delay payment of all or part of a legislative grant, including delaying payment of all or part of a grant to a subsequent fiscal year, if the accumulated surplus and deferred revenue balance of the board, adjusted in accordance with the document entitled “Memorandum 2018 SB05: Cash Management Strategy”, dated April 16, 2018, exceeds the threshold set out in that Memorandum. (4) Despite subsection (1), the Minister may delay payment of all or part of a legislative grant, including delaying payment of all or part of a grant to a subsequent fiscal year, if the proceeds of disposition deferred revenue balance of the board, adjusted in accordance with the document entitled “Memorandum 2018 SB19: Cash Management Strategy – Proceeds of Disposition”, dated September 28, 2018, is greater than zero. (5) For greater certainty, if the Minister delays payment of all or part of a legislative grant under subsection (3) or (4), the amount of the payment remains payable to the board.
Conditions for grant
 12. (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. O. Reg. 396/22, s. 12 (1). (2) If 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. O. Reg. 396/22, s. 12 (2). (3) It is a condition of the payment of a grant to a board under this Regulation that the board refrain from using any funds provided to the board under this Regulation, or any of the board’s accumulated surplus, for the purpose of, (a) providing a scholarship, bursary or award to pupils of the board if the scholarship, bursary or award would be provided to every pupil who is enrolled in or graduates from a school of the board; or (b) providing a donation to a charitable or non-profit organization. O. Reg. 268/23, s. 1.
Operating revenue
 14. (1) A district school board’s operating revenue for the current fiscal year is determined as follows: 1. Take the total of the board’s grant allocations, except for the interest on capital debt allocation, the school renewal allocation and the pupil accommodation allocation. 2. Add the amount of the board’s adjustment for declining enrolment for the current fiscal year. 3. Subtract the amount of the board’s expenses that are not incurred in the current fiscal year by reason of a strike or lock-out affecting the operations of the board, calculated in accordance with Ontario Regulation 486/98 (Board Expenses Not Incurred by Reason of Strike or Lock-Out) made under the Act. 4. Subtract the employer bargaining agency fees amount (part of the administration and governance allocation). (2) An isolate board’s operating revenue for the current fiscal year is determined by applying the formula set out in subsection (1), with such adaptations that are made under subsection 77 (2) for the purposes of determining the approved expense of the board. PART II   GRANTS TO DISTRICT SCHOOL BOARDS Amount of Grant
Amount of grant
 15. (1) The grant payable to a district school board for the current fiscal year is the amount determined using the following formula: (A + B) – (C + D + E) in which, “A” is the total amount of the board’s grant allocations for the current fiscal year, “B” is the amount of the board’s adjustment for declining enrolment for the current fiscal year, “C” is the amount of the board’s tax revenue for the current fiscal year, as determined in this Regulation, “D” is the amount of the board’s total fees revenue for the current fiscal year in respect of pupils described in section 4 of the current fiscal year’s fees regulation, as determined under that section, and “E” is the amount of the board’s expenses that are not incurred in the current fiscal year by reason of a strike or lock-out affecting the operations of the board, calculated in accordance with Ontario Regulation 486/98 (Board Expenses Not Incurred by Reason of Strike or Lock-Out) made under the Act. (2) The grant allocations for the current fiscal year are the following allocations: 1. Pupil foundation allocation. 2. School foundation allocation. 3. Special education allocation. 4. Language allocation. 5. Indigenous education supplemental allocation. 6. Outlying schools allocation. 7. Remote and rural allocation. 8. Rural and northern allocation. 9. Educational software top-up allocation. 10. Student technological devices top-up allocation. 11. Broadband network operations top-up allocation. 12. Learning opportunities allocation. 13. Mental health and well-being allocation. 14. Continuing education and other programs allocation. 15. Cost adjustment and new teacher induction program allocation. 16. Supports for students allocation. 17. Program leadership allocation. 18. Transportation allocation. 19. Administration and governance allocation. 20. Debt charges allocation. 21. Interest on capital debt allocation. 22. School operations allocation. 23. School renewal allocation. 24. Pupil accommodation allocation. 25. COVID-19 learning recovery allocation. Grant Allocations Pupil Foundation Allocation
Pupil foundation allocation
 16. (1) The pupil foundation allocation is the total of the following amounts: 1. The amount determined by multiplying $6,618.51 by the current fiscal year’s day school average daily enrolment of elementary school pupils, counting only pupils enrolled in junior kindergarten and kindergarten. 2. The amount determined by multiplying $6,030.28 by the current fiscal year’s day school average daily enrolment of elementary school pupils, counting only pupils enrolled in grades 1 to 3. 3. The amount determined by multiplying $5,025.55 by the current fiscal year’s day school average daily enrolment of elementary school pupils, counting only pupils enrolled in grades 4 to 8. 4. The amount determined by multiplying $229.15 by the current fiscal year’s day school average daily enrolment of elementary school pupils, counting only pupils enrolled in grades 7 and 8. 5. The amount determined by multiplying $5,938.76 by the current fiscal year’s day school average daily enrolment of secondary school pupils. O. Reg. 396/22, s. 16 (1); O. Reg. 268/23, s. 2. (2) It is a condition of the payment of a grant to a board under this Regulation that the board submit the reports required by Ontario Regulation 132/12 (Class Size) made under the Act, respecting class size in its elementary and secondary schools, to the Minister in accordance with that regulation. O. Reg. 396/22, s. 16 (2). (3) The Minister may withhold all or part of the grant otherwise payable to a district school board under the Act if, (a) the board does not meet the condition set out in subsection (2); or (b) a report referred to in subsection (2) indicates that the board is not complying with the requirements set out in Ontario Regulation 132/12 respecting class size. O. Reg. 396/22, s. 16 (3). School Foundation Allocation
Enrolment-based special education amount
 19. The enrolment-based special education amount is determined as follows: 1. Multiply the current fiscal year’s day school average daily enrolment of elementary school pupils, counting only pupils enrolled in junior kindergarten, kindergarten and grades 1 to 3, by $1,066.30 to determine the enrolment-based special education amount for junior kindergarten to grade 3. 2. Multiply the current fiscal year’s day school average daily enrolment of elementary school pupils, counting only pupils enrolled in grades 4 to 8, by $819.06 to determine the enrolment-based special education amount for grades 4 to 8. 3. Multiply the current fiscal year’s day school average daily enrolment of secondary school pupils by $539.62 to determine the enrolment-based special education amount for secondary schools. 4. Total the amounts determined under paragraphs 1, 2 and 3 to determine the board’s enrolment-based special education amount. O. Reg. 396/22, s. 19; O. Reg. 268/23, s. 4.
Special equipment amount
 20. (1) Subject to adjustments made under section 25, the special equipment amount is the total of the following amounts: 1. $20,000 as a base amount. 2. The amount determined by multiplying the current fiscal year’s day school average daily enrolment of pupils by $39.461. 3. The total of all approved special equipment claims made by a board for its pupils. (2) A special equipment claim for a pupil of a district school board is an approved special equipment claim if, (a) the pupil meets the eligibility criteria for special equipment set out in the document entitled “Special Education Funding Guidelines: Special Equipment Amount (SEA), 2022-23”; and (b) the board has made a claim for the fiscal year for expenditures in excess of $800 for special equipment for the pupil, in accordance with the publication mentioned in clause (a), and the Minister has approved the claim. (3) It is a condition of the payment of a grant to a board under this Regulation that a board spend the special equipment amount in accordance with the document entitled “Special Education Funding Guidelines: Special Equipment Amount (SEA), 2022-23”.
Differentiated special education needs amount
 21. (1) The differentiated special education needs amount is the total of the following amounts: 1. $482,830.87 as a base amount for collaboration and integration. 2. The projected measures of variability amount specified for the board in Column 2 of Table 8. 3. The projected special education statistical prediction model amount specified for the board in Column 3 of Table 8. 4. The other staffing resources amount specified for the board in Column 4 of Table 8. 5. The multidisciplinary teams component amount determined under subsection (2). 6. The northern adjustment amount for boards that are leads in regional cooperatives, determined under subsection (4). 7. The local special education priorities amount determined under subsection (5). O. Reg. 396/22, s. 21 (1); O. Reg. 268/23, s. 5 (1). (2) The multidisciplinary teams component amount is determined as follows: 1. $103,966.54, if the board employs one person described in subsection (3) during the fiscal year. 2. $207,933.08, if the board employs two persons described in subsection (3) during the fiscal year. 3. $311,899.62, if the board employs three persons described in subsection (3) during the fiscal year. 4. $415,866.16, if the board employs four or more persons described in subsection (3) during the fiscal year. O. Reg. 396/22, s. 21 (2); O. Reg. 268/23, s. 5 (2). (3) The persons referred to in subsection (2) are the following: 1. A psychologist. 2. A behavioural specialist. 3. A speech-language pathologist. 4. A registered social worker. 5. A person in a position that requires similar qualifications to a person described in paragraph 1, 2, 3 or 4. O. Reg. 396/22, s. 21 (3). (4) The northern adjustment amount for boards that are leads in regional co-operatives is determined by adding the following amounts: 1. The northern supports component amount, which is, i. in the case of the Conseil scolaire public du Grand Nord de l’Ontario, $3,089,580, ii. in the case of the District School Board Ontario North East, $3,583,913 and iii. in the case of the Thunder Bay Catholic District School Board, $1,977,331. 2. The integrated supports component amount, which is, i. in the case of the Conseil scolaire public du Grand Nord de l’Ontario, $546,803, ii. in the case of the District School Board Ontario North East, $600,801, and iii. in the case of the Thunder Bay Catholic District School Board, $322,993. O. Reg. 396/22, s. 21 (4); O. Reg. 268/23, s. 5 (3, 4). (5) The local special education priorities amount is the total of the following amounts: 1. $111,341 as a base amount. 2. The amount determined by multiplying the current fiscal year’s day school average daily enrolment of pupils by $4.16. O. Reg. 396/22, s. 21 (5); O. Reg. 268/23, s. 5 (5).
Special incidence claim
 22. (1) The special incidence claim is the total of all approved special incidence claims for pupils, after any adjustment required under section 25. O. Reg. 396/22, s. 22 (1). (2) A special incidence claim for a pupil is an approved special incidence claim for the pupil if, (a) the board has designated the pupil as a pupil requiring special incidence funding in accordance with the document entitled “Special Education Funding Guidelines: Special Incidence Portion (SIP), 2022-23”; and (b) the board has made a special incidence claim for the pupil for the current fiscal year in an amount not exceeding $29,524, in accordance with the publication mentioned in clause (a), and the Minister has approved the claim. O. Reg. 396/22, s. 22 (2); O. Reg. 268/23, s. 6.
Behaviour expertise amount
 24. (1) The behaviour expertise amount is the total of the following components: 1. The ABA expertise professionals component determined under subsection (2). 2. The ABA training component determined under subsection (3). 3. The after-school skills development programs component determined under subsection (4). O. Reg. 396/22, s. 24 (1). (2) The ABA expertise professionals component is the total of the following two amounts: 1. $185,942 as a base amount. 2. The amount determined by multiplying the current fiscal year’s day school average daily enrolment of pupils by $6.13. O. Reg. 396/22, s. 24 (2); O. Reg. 268/23, s. 7 (1). (3) The ABA training component is the total of the following two amounts: 1. $1,500 as a base amount. 2. The amount determined by multiplying the current fiscal year’s day school average daily enrolment of pupils by $2.95. O. Reg. 396/22, s. 24 (3). (4) The after-school skills development programs component is the total of the following two amounts: 1. $51,062 as a base amount. 2. The amount determined by multiplying the current fiscal year’s day school average daily enrolment of pupils by $1.25. O. Reg. 396/22, s. 24 (4); O. Reg. 268/23, s. 7 (2).
Special education pupil, move to new board
 25. (1) Subsection (2) applies if, (a) special equipment has been purchased in respect of a pupil under section 20 for the current fiscal year, or under a predecessor of that section in the grant regulation for a prior fiscal year, and the pupil enrols during the current fiscal year in a school that is operated by a different district school board or by a section 68 board; or (b) a section 68 board has made expenditures to purchase special equipment for a pupil of a district school board and the pupil enrols during the current fiscal year in a school operated by a different district school board. (2) The special equipment referred to in subsection (1) must move with the pupil to the new board, unless, in the opinion of the new board, it is not practical to move the equipment. (3) Subsection (4) applies if a special equipment claim has been approved, as described in subsection 20 (2), for a district school board in respect of a pupil and the pupil enrols during the fiscal year in a school operated by a different district school board. (4) Any unspent part of the special equipment claim amount approved in respect of the pupil must be deducted from the amount determined under paragraph 3 of subsection 20 (1) for the former board and added to the amount determined under paragraph 3 of subsection 20 (1) for the new board. (5) Subsection (6) applies if a pupil, (a) was a pupil approved for special incidence funding in respect of a district school board; and (b) enrols in a school operated by a different district school board after the end of the 2021-2022 school year. (6) The total amount of the approved special incidence claims for pupils of the board referred to in clause (5) (a) is reduced and the amount of the approved special incidence claims for pupils of the board referred to in clause (5) (b) is increased to the extent, if any, that the Minister considers appropriate having regard to the costs of each board in the fiscal year in connection with providing the pupil’s special education program. Language Allocation English-language Boards
French as a first language amount
 30. The French as a first language amount is the total of the amounts determined as follows: 1. Multiply $786.73 by the number of elementary school pupils on October 31 of the current fiscal year. 2. Multiply $902.07 by the current fiscal year’s day school average daily enrolment of secondary school pupils. 3. Multiply $19,534.11 by the number of elementary schools that are governed for the first time by the board in September of the current fiscal year. O. Reg. 396/22, s. 30; O. Reg. 268/23, s. 10.
Rural and northern allocation
 35. (1) The rural and northern allocation for a board, other than the Toronto District School Board and the Toronto Catholic District School Board, is determined as follows: ERE × $124.02 × (RDF + RDR) ÷ 2 in which, “ERE” is the estimated rural enrolment of the board, as set out in Column 2 of Table 14, “RDF” is the rural density factor of the board, as set out in Column 3 of Table 14, and “RDR” is the rural density ratio of the board, as set out in Column 4 of Table 14. O. Reg. 396/22, s. 35 (1); O. Reg. 268/23, s. 15. (2) The rural and northern allocation for the Toronto District School Board and the Toronto Catholic District School Board is zero. O. Reg. 396/22, s. 35 (2). Educational Software Top-up Allocation
Student technological devices top-up allocation
 37. The student technological devices top-up allocation for a board is determined as follows: 1. Multiply $7.27 by the current fiscal year’s day school average daily enrolment of pupils. 2. Subtract the amount determined under paragraph 1 from $51,150. 3. Take the amount determined under paragraph 2. If the number is negative, it is deemed to be zero. Broadband Network Operations Top-up Allocation
Broadband Network Operations Top-up Allocation
nan
Broadband network operations top-up allocation
 38. The broadband network operations top-up allocation for a board is determined as follows: 1. Multiply $19.34 by the current fiscal year’s day school average daily enrolment of pupils. 2. Subtract the amount determined under paragraph 1 from $125,000. 3. Take the amount determined under paragraph 2. If the number is negative, it is deemed to be zero. Learning Opportunities Allocation
Cost adjustment and new teacher induction program allocation
 42. (1) The cost adjustment and new teacher induction program allocation is determined as follows: 1. Take the new teacher induction program amount. 2. Add the teacher learning and innovation amount. 3. Add the elementary and secondary school teacher qualification and experience amount. 4. Add the educator qualification and experience amount. 5. Add the Crown contribution and stabilization adjustment for benefits trusts amount. 6. Subtract the sick leave credit gratuities re-payment amount. 7. Subtract the public sector compensation restraint amount. 8. Add the conditional supports for extending eligibility for maternity leave, sick leave and short-term sick leave and disability plans amount. 9. Add the teacher job protection amount. (2) For purposes of this section and section 43, the counting practices usually followed by the board for staffing purposes apply, subject to the following rules: 1. A teacher who is not assigned to provide instruction to pupils in a regular timetable that is in effect as of October 31 of the current fiscal year is not counted, unless the teacher is on a leave of absence with pay on October 31 of the current fiscal year and the board is not reimbursed for the teacher’s pay during the leave of absence. 2. The provision of library instruction or guidance to pupils is considered the provision of instruction to pupils for the purposes of paragraph 1. 3. A temporary teacher is counted. 4. A continuing education teacher is not counted. 5. An occasional teacher is not counted, except as provided in paragraph 3 of subsection 45 (5).
New teacher induction program amount
 43. The new teacher induction program amount is the lesser of the following two amounts: 1. The sum of, i. $50,000, and ii. the product of $1,266.92 and the number of teachers of the board counted for the purposes of subsection 43 (4) of the 2021-2022 grant regulation who had two or fewer full years of teaching experience under subsection 43 (6) of that regulation. 2. The expenses of the board during the fiscal year for its new teacher induction program.
Educator qualification and experience amount
 46. (1) The educator qualification and experience amount is determined as follows: 1. For each row in Table 20, i. determine the number of educators employed by the board who have the qualification category of A and the number of full years of experience set out in Column 1 of the row, and ii. multiply the number determined under subparagraph i by the experience factor set out in Column 2 of the row. 2. Total the products determined under paragraph 1 for all the rows in Table 20. 3. Determine the number of educators employed by the board whose qualification category is B. 4. Multiply the number determined under paragraph 3 by 0.953876. 5. Take the total of the numbers determined under paragraphs 2 and 4. 6. Divide the sum determined under paragraph 5 by the total number of educators employed by the board. 7. Subtract one from the number obtained under paragraph 6. 8. Take the greater of zero and the number determined under paragraph 7. 9. Multiply the result obtained under paragraph 8 by $1,676.06. 10. Multiply the amount determined under paragraph 9 by the current fiscal year’s day school average daily enrolment of elementary school pupils, counting only pupils enrolled in junior kindergarten and kindergarten. O. Reg. 396/22, s. 46 (1); O. Reg. 268/23, s. 20. (2) For the purposes of this section, the number of educators employed by a board is the full-time equivalent number of educators employed by the board as of October 31 of the current fiscal year to fill positions in junior kindergarten and kindergarten that are designated by the board as requiring early childhood educators. O. Reg. 396/22, s. 46 (2). (3) The following rules apply in determining the number of full years of experience of an educator: 1. The number of full years of experience of an educator is deemed to be the educator’s number of years of relevant professional experience before the first day of the 2022-2023 school year, rounded to the nearest whole number if the educator’s number of years of experience is not a whole number and, for this purpose, a number ending in .5 is considered to be nearer to the next whole number. 2. If the number of full years of experience of an educator exceeds 4, the number of full years of experience of the educator is deemed to be 4. O. Reg. 396/22, s. 46 (3). (4) The following rules apply to determine the qualification category of an educator: 1. An educator who is a member of the College of Early Childhood Educators on October 31 of the current fiscal year is in category A. 2. An educator who is not described in paragraph 1 is in category B. O. Reg. 396/22, s. 46 (4).
Crown contribution and stabilization adjustment for benefits trusts amount
 47. (1) The Crown contribution and stabilization adjustment for benefits trusts amount is determined as follows: 1. Take the Crown contribution amount specified for the board in Column 2 of Table 21. 2. Add the stabilization adjustment amount specified for the board in Column 3 of Table 21. (2) It is a condition of the payment of a grant to a board under this Regulation that the board complies with all the terms of each of the following agreements if that agreement applies to the board: 1. Elementary Teachers’ Federation of Ontario Employee Life and Health Trust Agreement and Declaration of Trust, dated October 6, 2016. 2. Ontario Secondary School Teachers’ Federation Employee Life and Health Trust Agreement and Declaration of Trust, dated October 6, 2016. 3. Ontario English Catholic Teachers’ Association Employee Life and Health Trust Agreement and Declaration of Trust, dated October 6, 2016. 4. Fiducie de soins de santé au bénéfice des membres de l’Association des enseignantes et des enseignants franco-ontariens — Convention et déclaration de fiducie, dated January 30, 2017. 5. Canadian Union of Public Employees Education Workers Benefits Trust Agreement, dated February 28, 2018. 6. Ontario Non-union Education Trust Agreement, dated March 8, 2018. (3) If a board fails to comply with the condition set out in subsection (2), the Minister may, (a) withhold all or part of a grant otherwise payable to the board under the Act; or (b) require the board to repay all or part of a grant that has been paid to the board under the Act.
Public sector compensation restraint amount
 49. The public sector compensation restraint amount is determined as follows: 1. Multiply $10,000,000 by the public sector compensation restraint factor specified for the board in Table 22. 2. Divide the amount determined under paragraph 1 by 6,161.38.
Conditional supports for extending eligibility for maternity leave, sick leave and short-term sick leave and disability plans amount
 50. The conditional supports for extending eligibility for maternity leave, sick leave and short-term sick leave and disability plans amount is the amount determined as follows: 1. Take the maternity leave amount specified for the board in Column 2 of Table 23. 2. Add the sick leave and short-term sick leave and disability plans amount specified for the board in Column 3 of Table 23.
Supports for students allocation
 52. The supports for students allocation is determined as follows: 1. Subtract the amount determined under paragraph 3 of section 50 of the 2021-2022 grant regulation from the amount specified for the board in Column 2 of Table 23 of that Regulation. 2. Add the amount determined under paragraph 1 to the amount specified for the board in Column 2 of Table 25 of this Regulation. 3. Determine the board’s expenses incurred in the current fiscal year for its investments in system priorities for principals and vice-principals. 4. Take the lesser of the amounts determined under paragraphs 2 and 3. 5. Add the amount specified for the board in Column 3 of Table 25 of this Regulation to the amount determined under paragraph 4. Program Leadership Allocation
Debt charges allocation
 56. The debt charges allocation is the total amount payable in the fiscal year in respect of the financing arranged to refinance the board’s outstanding principal that is non-permanently financed as at August 31, 2001, as specified for the board in Table 30, including the amount of any payments required to be made in the year to a reserve account or sinking fund and the amount of reasonable expenses. Interest on Capital Debt Allocation
Pupil accommodation allocation
 60. The pupil accommodation allocation is the total of the following amounts: 1. The school condition improvement amount. 2. The temporary accommodation for pupils amount. 3. The capital priority projects amount. 4. The land priority purchases amount. 5. The community hub replacement amount. 6. The child care capital projects amount. 7. The EarlyON child and family centres capital projects amount. 8. The COVID-19 resilience infrastructure stream amount. 9. The full day junior kindergarten and kindergarten accommodation amount.
Temporary accommodation for pupils amount
 62. The temporary accommodation for pupils amount is the amount specified for the board in Table 41.
Capital priority projects amount
 63. The capital priority projects amount is the total of the amounts determined as follows for the capital priority projects set out for the board in Table 42: I − R in which, “I” is the lesser of, (a) the total capital asset construction and demolition costs that the board incurred for the project in all previous fiscal years and incurred in the current fiscal year, and that the board reported in a previous fiscal year or on or before August 31 of the current fiscal year, and (b) the amount specified for the project in Table 42, and “R” is the total amount of capital priority projects funding the board received in respect of the project in previous fiscal years under predecessors of this Regulation. If I − R is negative, it is deemed to be zero.
Land priority purchases amount
 64. The land priority purchases amount is the total of the amounts determined as follows for the land priority projects set out for the board in Table 43: I − R in which, “I” is the lesser of, (a) the total capital asset land purchase and demolition costs that the board incurred for the project in all previous fiscal years and incurred in the current fiscal year, and that the board reported in a previous fiscal year or on or before August 31 of the current fiscal year, and (b) the amount specified for the project in Table 43, and “R” is the total amount of land priority purchases funding the board received in respect of the project in previous fiscal years under predecessors of this Regulation. If I − R is negative, it is deemed to be zero.
Community hub replacement amount
 65. The community hub replacement amount is the total of the amounts determined as follows for the community hub replacement projects set out for the board in Table 44: I − R in which, “I” is the lesser of, (a) the total construction costs that the board incurred for the project in all previous fiscal years and incurred in the current fiscal year, and that the board reported in a previous fiscal year or on or before August 31 of the current fiscal year, and (b) the amount specified for the project in Table 44, and “R” is the total amount of community hub replacement projects funding the board received in respect of the project in previous fiscal years under predecessors of this Regulation. If I − R is negative, it is deemed to be zero.
Child care capital projects amount
 66. (1) The child care capital projects amount is the total of the amounts determined as follows for the child care capital projects set out for the board in Table 45: I − R in which, “I” is the lesser of, (a) the total construction, pre-construction and operating costs that the board incurred for the project in all previous fiscal years and incurred in the current fiscal year, and that the board reported in a previous fiscal year or on or before August 31 of the current fiscal year, and (b) the amount specified for the project in Table 45, and “R” is the total amount of child care capital projects funding the board received in respect of the project in previous fiscal years under predecessors of this Regulation. If I − R is negative, it is deemed to be zero. (2) If a board has not spent all of the amount determined under section 52.1 of the 2014-2015 grant regulation, the Minister may withhold all or part of the amount determined under this section otherwise payable to the board.
EarlyON child and family centres capital projects amount
 67. The EarlyON child and family centres capital projects amount is the total of the amounts determined as follows for the EarlyON child and family centres capital projects set out for the board in Table 46: I − R in which, “I” is the lesser of, (a) the total construction costs that the board incurred for the project in all previous fiscal years and incurred in the current fiscal year, and that the board reported in a previous fiscal year or on or before August 31 of the current fiscal year, and (b) the amount specified for the project in Table 46, and “R” is the total amount of EarlyON child and family centres capital projects funding the board received in respect of the project in previous fiscal years under predecessors of this Regulation. If I − R is negative, it is deemed to be zero.
COVID-19 resilience infrastructure stream amount
 68. (1) The COVID-19 resilience infrastructure stream amount is the total of the amounts determined as follows for the projects set out for the board in Column 3 of the Table to section 65.2 of the 2020-2021 grant regulation: 1. Determine the amount of eligible expenditures, as set out in the document entitled “Memorandum 2021 B12: COVID-19 Resilience Infrastructure Stream: Education Related (CVRIS-EDU) Projects — Approvals,” dated May 7, 2021, for the project that the board incurred during the period beginning on September 1, 2021 and ending on the earlier of August 31, 2022 and the project’s expected completion date as set out in Appendix A to the document. 2. Subtract the amount determined for the project under section 65.2 of the 2020-2021 grant regulation from the amount specified for the project in Column 5 of the Table to section 65.2 of that regulation. 3. Take the lesser of the amounts determined under paragraphs 1 and 2. (2) It is a condition of the payment of a grant to a board under this Regulation that the board comply with the requirements set out in the document entitled “Memorandum 2021 B12: COVID-19 Resilience Infrastructure Stream: Education Related (CVRIS-EDU) Projects — Approvals,” dated May 7, 2021.
COVID-19 Learning Recovery Allocation
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COVID-19 learning recovery allocation
 70. The COVID-19 learning recovery allocation for the board is the amount specified for the board in Column 2 of Table 48. Rules for Various Calculations — Outlying Schools, School Operations and School Renewal Allocations
Rules for various calculations — outlying schools, school operations and school renewal allocations
 71. (1) This section applies to calculations for the following allocations: 1. Outlying schools allocation. 2. School operations allocation. 3. School renewal allocation. (2) The Minister shall determine loadings and categories of instructional space as follows: 1. The Minister shall identify categories of instructional space for all elementary facilities and secondary facilities of the board. In identifying categories of instructional space, the Minister shall use the categories identified in the Report of the Pupil Accommodation Review Committee, dated August, 1998. Where the Report does not include an appropriate category for an instructional space, the Minister shall identify the category of that space in a manner that is consistent with the categorizations in the Report. 2. The Minister shall assign a loading to each category of instructional space identified under paragraph 1, based on the number of pupils that can reasonably be accommodated in each category of instructional space. In determining the number, the Minister shall consider the physical characteristics of the category of instructional space and the class size requirements under the Act. (3) For the purposes of this Regulation, the capacity of an elementary school is determined by applying the loadings determined under subsection (2) to the instructional spaces of the school, as categorized under subsection (2). (4) For the purposes of this Regulation, the capacity of a secondary school is determined by applying the loadings determined under subsection (2) to the instructional spaces of the school, as categorized under subsection (2). (5) Despite subsections (3) and (4), in the case of an elementary or secondary school that was operated by an isolate board in the 2008-2009 fiscal year and that provided instruction in that year in grade 9 or 10 or both and in lower grades, (a) the capacity of the secondary school is deemed to be equal to the current fiscal year’s day school average daily enrolment of secondary school pupils of the board, counting only pupils enrolled in the school in grades 9 and 10 in the current fiscal year; and (b) the capacity of the elementary school is determined by, (i) applying the loadings determined under subsection (2) to the instructional spaces of the elementary school, as categorized under subsection (2), (ii) applying the loadings determined under subsection (2) to the instructional spaces of the secondary school, as categorized under subsection (2), (iii) finding the total of the numbers determined under subclauses (i) and (ii), and (iv) subtracting from the number determined under subclause (iii) the current fiscal year’s day school average daily enrolment of secondary school pupils, counting only pupils enrolled in grades 9 and 10 in the school in the current fiscal year. Adjustment for Declining Enrolment
Managing estimates and expenditures
 74. Every district school board shall manage its estimates process and its expenditures so as to ensure compliance with the requirements of sections 75 and 76 of this Regulation and with Ontario Regulation 193/10 (Restricted Purpose Revenues) made under the Act.
Grants to s. 68 boards
 78. (1) A section 68 board is paid a grant in an amount determined as follows: 1. Take the expenditure of the board for the current 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, and iii. expenditures for the restoration of destroyed or damaged capital assets. 2. Deduct the revenue of the board for the current fiscal year, not including revenue from, i. legislative grants, ii. an organization on whose property a school is located, and iii. refunds of expenditure of the kind described in subparagraph 1 i, ii or iii. (2) The capital assets referred to in subparagraphs 1 ii and iii of subsection (1) do not include equipment, computer hardware or computer software that a section 68 board would be required to capitalize under the terms of the document entitled “District School Board and School Authority Tangible Capital Assets: Provincial Accounting Policies and Implementation Guide”, revised April 2022. (3) Subsection (4) applies if, (a) a section 68 board makes expenditures to purchase special equipment in accordance with the document entitled “Special Education Funding Guidelines: Special Equipment Amount (SEA), 2022-23” for a pupil of a section 68 board and the pupil enrols in a school operated by a district school board or by a different section 68 board during the current fiscal year; or (b) a claim for special equipment for a pupil of a section 68 board has been approved and the pupil enrols in a school operated by a different section 68 board during the 2021-2022 fiscal year. (4) The special equipment referred to in subsection (3) must move with the pupil to the new board unless, in the opinion of the new board, it is not practical to move the equipment. PART IV   PAYMENTS TO GOVERNING AUTHORITIES
Pupil attending school in Manitoba or Quebec
 79. (1) If a pupil who resides in a territorial district attends a school supported by local taxation in Manitoba or Quebec, the Minister may pay the governing authority of the school an amount agreed on between him or her and the authority if, in the Minister’s opinion, (a) daily transportation to a school in Ontario is impracticable due to distance or terrain; (b) the provision of board, lodging and weekly transportation to a school in Ontario is impracticable because of the age or disability of the pupil; and (c) the pupil attends a school that it is reasonable for him or her to attend, having regard to distance or terrain and any special needs of the pupil. (2) In making a determination under subsection (1) with respect to a pupil who is a French-speaking person, the Minister shall have regard to language of instruction.
Pupil attending school on reserve
 80. (1) Subject to subsection (2), this section applies if a pupil who resides in a territorial district, (a) is not resident in the area of jurisdiction of a board and is not resident on a Crown establishment; and (b) attends a school on a reserve that is operated by, (i) the Crown in right of Canada, or (ii) a band, the council of a band or an education authority, if 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 does not apply if the pupil attends a school pursuant to section 185 of the Act. (3) 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.
Qualifying education programs
 83. For the purposes of this Part, a pupil who receives instruction in an education program provided by a board that is a qualifying education program within the meaning of subsection 23 (2) or (5) is not a pupil enrolled in a school of the board. Day School — General
Counting pupils
 84. For the purposes of counting pupils under sections 84 to 92 (Day School — General), the following rules apply: 1. Other pupils (as defined in subsection 82 (1)) shall not be counted. 2. Pupils who are 21 years old or older on December 31, 2022 shall not be counted for the purposes of sections 88, 90 and 91. 3. Pupils who are under 21 years old on December 31, 2022 shall not be counted for the purposes of section 92.
Credits and credit values, repeated classes or courses
 85. (1) For the purposes of counting credits under sections 84 to 92 (Day School — General), if a pupil repeats a class or course for which the pupil has previously earned a credit, the credit shall be counted in respect of each time the pupil completes the class or course successfully. (2) For the purposes of determining the credit value of a class or course that a pupil is enrolled in, the credit value shall be counted even if the pupil has previously earned a credit in respect of the same class or course.