Eligible fees
3. (1) For the purposes of subsection 8.4.2 (1) of the Act, “eligible fees” means, in respect of an eligible child for a taxation year, (a) the amount determined under subsection (2), if the eligible child is less than six years of age throughout the taxation year, or (b) the sum of all net tuition fees reasonably attributable to the taxation year paid by one or more qualifying taxpayers to an eligible independent school in respect of the enrolment of the eligible child in one or more eligible courses of study at the school during the taxation year, if the eligible child is at least six years of age at any time in the taxation year. O. Reg. 498/01, s. 3 (1). (2) For the purposes of clause (a) of the definition of “eligible fees” in subsection (1), the amount in respect of the eligible child for a taxation year is the least of, (a) $3,500; (b) the amount equal to $350 multiplied by the number of months in the taxation year the eligible child is enrolled in one or more eligible courses of study at an eligible independent school; and (c) the sum of all net tuition fees reasonably attributable to the taxation year paid by one or more qualifying taxpayers to an eligible independent school in respect of the enrolment of the eligible child in one or more eligible courses of study at the school during the taxation year. O. Reg. 498/01, s. 3 (2). (3) In this section, “net tuition fees” means, in respect of an eligible child, the tuition fees paid less the sum of the following amounts: 1. The sum of all amounts, each of which is the value of a scholarship or bursary available to any person in respect of the eligible child, to the extent the value of the scholarship or bursary has not been deducted in determining the amount of the tuition fees. 2. The sum of all amounts, each of which is paid in consideration for ancillary goods or services in respect of the eligible child, including amounts paid for meals, computers, books, clothing, travel, sports and equipment, if those amounts are separately identified or included in a separate charge. 3. The sum of all amounts, each of which is paid in consideration for accommodation in respect of the eligible child. 4. The sum of all amounts, each of which is an amount included in determining the amount of the tuition fees, i. that is paid to the eligible independent school in respect of the eligible child, and ii. that may be taken into consideration in determining the amount of a deduction to which an individual is entitled under section 63 of the Federal Act for the taxation year. 5. The sum of all amounts, each of which is equal to 40 per cent of an amount included in determining the amount of the tuition fees, i. that is paid to an eligible independent school in respect of an eligible child, and ii. that may be taken into consideration in determining the amount of a deduction for a taxation year under subsection 118.1 (3) of the Federal Act or under paragraph 18 of subsection 4 (3.1) of the Act. 6. The amount, if any, calculated using the formula, A × B in which, “A” is the sum of all amounts, if any, each of which is, (a) included in determining the amount of the tuition fees, (b) paid to an eligible independent school in respect of the eligible child, and (c) described in paragraph 118.2 (2) (e) of the Federal Act as a medical expense that may be taken into consideration in determining the amount of a deduction for the taxation year under subsection 118.2 (1) of the Federal Act and under paragraph 17 of subsection 4 (3.1) of the Act, and “B” is the percentage equal to the sum of the lowest rate of tax payable by an individual under subsection 117 (2) of the Federal Act for the taxation year and the lowest tax rate as defined in subsection 4 (1) of the Act for the year. 7. The sum of all amounts, each of which is an amount included in determining the amount of the tuition fees paid to an eligible independent school by a qualifying taxpayer in respect of the eligible child, if a parent or legal guardian of the eligible child receives a substantial financial benefit reasonably attributable to the payment of the fees. O. Reg. 498/01, s. 3 (3); O. Reg. 384/02, s. 3.