jswizzle3737/ontario_laws_and_regs huggingface dataset:
Fiscal year
2. Any fiscal year referred to in this regulation is from September 1 to August 31. O. Reg. 85/08, s. 2.
Documents referred to in this Regulation
3. (1) The Instruction Guide, dated 2002, referred to in paragraph 1 of subsection 16 (3) and paragraphs 1 and 50 of subsection 49 (1) is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 85/08, s. 3 (1). (2) The document entitled “Special Education Funding Guidelines: Special Equipment Amount (SEA) and Special Incidence Portion (SIP) 2008-09”, dated Spring 2008, referred to in clauses 20 (1) (a), 22 (1) (a) and 64 (2) (a), is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 85/08, s. 3 (2). (3) The list of common course codes referred to in subsections 26 (4) and 31 (6) is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 85/08, s. 3 (3). (4) The document entitled “Ontario Secondary Schools, Grades 9 to 12 — Program and Diploma Requirements — 1999”, referred to in paragraphs 1, 2 and 3 of subsection 37 (5), is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 85/08, s. 3 (4). (5) The 2005 Data Form A, referred to in paragraphs 4 and 5 of subsection 40 (7) is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education. O. Reg. 85/08, s. 3 (5). (6) The documents entitled “Good Places to Learn: Stage 1 Funding Allocation” referred to in clause 48 (2) (a), “Good Places to Learn: Stage 2 Funding Allocation”, referred to in clause 48 (3) (a), “Good Places to Learn: Stage 3 Funding Allocation”, referred to in clause 48 (4) (a) and “Good Places to Learn: Stage 4 Funding Allocation”, referred to in clause 48 (5) (a) are available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 36/09, s. 1. (7) The Report of the Pupil Accommodation Review Committee, dated August, 1998, referred to in paragraph 1 of subsection 56 (6), is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 85/08, s. 3 (7). (8) The Uniform Code of Accounts, dated September 2008, referred to in clauses 62 (3) (a) and (b) is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 416/08, s. 1; O. Reg. 349/09, s. 1.
Pupil of a board
4. (1) Subject to subsections (2) and (3), 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. O. Reg. 85/08, s. 4 (1). (2) 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) is not a pupil enrolled in a school operated by the board for the purposes of subsection (1). O. Reg. 85/08, s. 4 (2). (3) 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 Act. 3. A pupil in respect of whom the board may charge a fee under section 5 of the 2008-2009 fees regulation. O. Reg. 85/08, s. 4 (3).
Enrolment
5. (1) For the purposes of this Regulation, the 2008-2009 day school average daily enrolment of pupils of a board is the day school average daily enrolment for the board determined under section 2 of the 2008-2009 A.D.E. regulation, counting all pupils of the board other than secondary school pupils who are 21 years of age or older on December 31, 2008. O. Reg. 85/08, s. 5 (1). (2) For the purposes of this Regulation, the 2008-2009 day school average daily enrolment of elementary school pupils of a board is the day school average daily enrolment for the board determined under section 2 of the 2008-2009 A.D.E. regulation, counting only the elementary school pupils of the board. O. Reg. 85/08, s. 5 (2). (3) For the purposes of this Regulation, the 2008-2009 day school average daily enrolment of secondary school pupils of a board is the day school average daily enrolment for the board determined under section 2 of the 2008-2009 A.D.E. regulation, counting only secondary school pupils of the board who are under 21 years of age on December 31, 2008. O. Reg. 85/08, s. 5 (3). (4) For the purposes of this Regulation, the day school full-time equivalent enrolment for a board as of October 31, 2008 is determined using the formula, A + B + C/D in which, “A” is the number of full-time pupils of the board enrolled on October 31, 2008, excluding secondary school pupils who are at least 21 years of age on December 31, 2008, “B” is the amount equal to 0.5 times the number of half-time pupils of the board enrolled on October 31, 2008, “C” is the total of all amounts each of which is an amount determined for a part-time pupil of the board enrolled on October 31, 2008, other than a secondary school pupil who is at least 21 years of age on December 31, 2008, equal to the number of minutes for which the pupil is registered for classroom instruction in the cycle that includes October 31, 2008, in a course other than an independent study course, and “D” is the amount determined by multiplying the number of days in the cycle described in the definition of “C” by 300. O. Reg. 85/08, s. 5 (4). (5) If this Regulation requires that pupils be counted but does not provide that the count be on the basis of average daily enrolment or on the basis of full-time equivalent enrolment, each pupil, whether full-time, half-time or part-time, must be counted as one. O. Reg. 85/08, s. 5 (5).
Level of accuracy
6. (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 must be accurate to two decimal places. O. Reg. 85/08, s. 6 (1). (2) A count of teachers or teacher assistants for the purposes of this Regulation on the basis of full-time equivalence must be accurate to one decimal place. O. Reg. 85/08, s. 6 (2).
Payments
8. A legislative grant payable 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. O. Reg. 85/08, s. 8.
Conditions for grant
9. (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. 85/08, s. 9 (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. 85/08, s. 9 (2).
Adjusting overpayment 
10. If the amount payable to a board under a legislative grant regulation was overpaid and the overpayment has not been deducted from grants payable to the board under other legislative grant regulations, the overpayment must be deducted from the grants payable under this Regulation to the board. O. Reg. 85/08, s. 10.
Adjusting underpayment
11. If the amount payable to a board under a legislative grant regulation was underpaid, the amount of the underpayment that has not previously been paid must be added to the grants payable under this Regulation to the board. O. Reg. 85/08, s. 11. PART II   GRANTS TO DISTRICT SCHOOL BOARDS
Grant allocations
12. A district school board is entitled to the following grant allocations, in the amounts determined under this Part, in determining the amount of the grant payable to it for the fiscal year: 1. Pupil foundation allocation. 2. School foundation allocation. 3. Primary class size allocation. 4. Special education allocation. 5. Language allocation. 6. First Nation, Métis and Inuit supplemental allocation. 7. Learning resources for distant and outlying schools allocation. 8. Remote and rural allocation. 9. Rural and small community allocation. 10. Learning opportunities allocation. 11. Safe schools allocation. 12. Continuing education and other programs allocation. 13. Cost adjustment and new teacher induction program allocation. 14. Transportation allocation. 15. Administration and governance allocation. 16. Program enhancement allocation. 17. Community use of schools allocation. 18. Pupil accommodation allocation. 19. Debt charges allocation. O. Reg. 85/08, s. 12.
Amount of grant 
13. The grant payable to a district school board for the fiscal year is the amount determined using the following formula: (A + B) – (C + D + E) in which, “A” is the total amount of the grant allocations to which the board is entitled for the fiscal year, “B” is the amount of the board’s adjustment for declining enrolment for the fiscal year, “C” is the amount of the board’s 2008-2009 tax revenue, as determined in this Regulation, “D” is the amount of the board’s total fees revenue for the fiscal year in respect of pupils described in subsection 46 (2) of the Act, as determined under section 4 of the 2008-2009 fees regulation, and “E” is the amount of the board’s reserve fund under subsection 233 (1) of the Act on August 31, 2009 before the transfer under subsection 233 (2) of the Act. O. Reg. 85/08, s. 13; O. Reg. 416/08, s. 2; O. Reg. 349/09, s. 3.
Primary class size allocation
17. (1) The amount of the primary class size allocation for a district school board for the fiscal year is the amount determined by multiplying $823.38 by the 2008-2009 day school average daily enrolment of elementary school pupils of the board, counting only pupils enrolled in junior kindergarten, kindergarten and grades 1 to 3. O. Reg. 85/08, s. 17 (1); O. Reg. 293/08, s. 4; O. Reg. 416/08, s. 5. (2) It is a condition of payment of a grant to the board under this Regulation that, (a) the board submit a plan by June 30, 2008, setting out how the board plans to provide instruction to elementary school pupils of the board in the 2008-2009 school board fiscal year; and (b) the board submit a report by October 31, 2008, setting out, based on the enrolment of the board on a date not earlier than September 2, 2008 and not later than September 30, 2008, how the board is providing instruction to elementary school pupils of the board in the 2008-2009 school board fiscal year. O. Reg. 85/08, s. 17 (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 a condition set out in subsection (2), or (b) either the plan or the report described in subsection (2) indicates that the classes in the schools of the board, other than self-contained classes for exceptional pupils, do not meet the following criteria: (i) At least 90 per cent of classes in schools of the board that have only pupils in the primary division have 20 or fewer pupils. (ii) If a class in a school of the board has any pupils in the primary division, the class has 23 or fewer pupils. (iii) If a class in a school of the board has any pupils in the junior division or in the first two years of the intermediate division, the class size, on average, does not exceed the greater of, (A) the average number of pupils that were in that type of class in the 2003-2004 school year, and (B) 25 pupils. O. Reg. 85/08, s. 17 (3).
Special education allocation
18. The amount of the special education allocation for a district school board for the fiscal year is the total of the following amounts: 1. The enrolment-based special education amount for the board for the fiscal year as determined under section 19. 2. The special equipment claim for the board for the fiscal year as determined under subsection 20 (2). 3. The high needs amount for the board for the fiscal year as determined under section 21. 4. The special incidence claim for the board for the fiscal year as determined under subsection 22 (2). 5. The facilities amount for the board for the fiscal year as determined under section 23. O. Reg. 85/08, s. 18.
Enrolment-based special education amount
19. The enrolment-based special education amount for a board for the fiscal year is determined as follows: 1. Multiply the 2008-2009 day school average daily enrolment of elementary school pupils of the board, counting only pupils enrolled in junior kindergarten, kindergarten and grades 1 to 3, by $719.13 to determine the enrolment-based special education amount for junior kindergarten to grade 3. 2. Multiply the 2008-2009 day school average daily enrolment of elementary school pupils of the board, counting only pupils enrolled in grades 4 to 8, by $553.59 to determine the enrolment-based special education amount for grades 4 to 8. 3. Multiply the 2008-2009 day school average daily enrolment of secondary school pupils of the board by $365.41 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 for the fiscal year. O. Reg. 85/08, s. 19; O. Reg. 293/08, s. 5; O. Reg. 416/08, s. 6.
Special equipment
20. (1) For the purposes of subsection (2), a special equipment claim for a pupil of a district school board is an approved 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) and Special Incidence Portion (SIP) 2008-09”, which is available as described in subsection 3 (2); 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. O. Reg. 85/08, s. 20 (1). (2) The special equipment claim for a board for the fiscal year is the sum of all approved special equipment claims for pupils of the board, after any adjustment required under section 24. O. Reg. 85/08, s. 20 (2).
High needs amount
21. The high needs amount for a board is the greater of, (a) the amount determined by multiplying the 2008-2009 day school average daily enrolment of pupils of the board by the amount set out in Column 2 of Table 1 opposite the name of the board; and (b) the amount determined for the board under section 21 of the 2007-2008 grant regulation. O. Reg. 85/08, s. 21.
Special incidence
22. (1) A special incidence claim for a pupil of a board 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 Equipment Amount (SEA) and Special Incidence Portion (SIP) 2008-09”, which is available as described in subsection 3 (2); and (b) the board has made a special incidence claim for the pupil for the fiscal year in an amount not exceeding $27,000, in accordance with the publication mentioned in clause (a), and the Minister has approved the claim. O. Reg. 85/08, s. 22 (1). (2) The special incidence claim for a board for the fiscal year is the sum of all approved special incidence claims for pupils of the board, after any adjustment required under section 24. O. Reg. 85/08, s. 22 (2).
Special education pupil, move to new board
24. (1) Subsection (2) applies if, (a) special equipment has been purchased in respect of a pupil through a special equipment claim approved for a district school board for the fiscal year or under section 20 of the 2007-2008 grant regulation or a predecessor of that section in the grant regulation for a prior fiscal year and the pupil enrols during the 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 fiscal year in a school operated by a different district school board. O. Reg. 85/08, s. 24 (1). (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. O. Reg. 85/08, s. 24 (2). (3) Subsection (4) applies if a special equipment claim has been approved 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. O. Reg. 85/08, s. 24 (3). (4) Any unspent part of the special equipment claim amount approved in respect of the pupil must be deducted from the amount determined under subsection 20 (2) for the former board and added to the amount determined under subsection 20 (2) for the new board. O. Reg. 85/08, s. 24 (4). (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 2007-2008 school year. O. Reg. 85/08, s. 24 (5). (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. O. Reg. 85/08, s. 24 (6).
Language allocation, English-language boards
25. The amount of the language allocation for an English-language district school board for the fiscal year is the sum of, (a) the French as a second language amount for the board for the fiscal year; and (b) the ESL/ELD amount for the board for the fiscal year. O. Reg. 85/08, s. 25.
Language allocation, French-language boards
28. The amount of the language allocation for a French-language district school board for the fiscal year is the total of the amounts determined under the following paragraphs: 1. The French as a first language amount for the board for the fiscal year. 2. The ALF/PDF amount for the board for the fiscal year. O. Reg. 85/08, s. 28.
French as a first language amount
29. The French as a first language amount for a French-language district school board for the fiscal year is the total of the amounts determined under the following paragraphs:  1. Multiply $683.23 by the number of elementary school pupils of the board on October 31, 2008. 2. Multiply $776.98 by the 2008-2009 day school average daily enrolment of the board, counting only secondary school pupils of the board. 3. Multiply $16,964.11 by the number of elementary schools of the board that are governed for the first time by the board in September, 2008. O. Reg. 85/08, s. 29; O. Reg. 293/08, s. 8; O. Reg. 416/08, s. 9.
Rural and small community allocation
34. The amount of the rural and small community allocation for a district school board for the fiscal year is determined as follows: 1. If the percentage set out in Column 5 of Table 6 opposite the name of the board is less than 25 per cent, the amount of the allocation is zero. 2. If the percentage set out in Column 5 of Table 6 opposite the name of the board is greater than or equal to 25 per cent but less than 75 per cent, the amount of the allocation is determined using the formula: $42.10 × ADE × (A – 25%) where, “ADE” is the 2008-2009 day school average daily enrolment of pupils of the board, and “A” is the percentage set out in Column 5 of Table 6 opposite the name of the board. 3. If the percentage set out in Column 5 of Table 6 opposite the name of the board is greater than or equal to 75 per cent, the amount of the allocation is the product of $21.05 and the 2008-2009 day school average daily enrolment of pupils of the board. O. Reg. 85/08, s. 34; O. Reg. 293/08, s. 13; O. Reg. 416/08, s. 14.
Cost adjustment and new teacher induction program allocation
38. (1) The amount of the cost adjustment and new teacher induction program allocation for a district school board for the fiscal year is the total of the following amounts: 1. The new teacher induction program amount. 2. The elementary school teacher qualification and experience amount. 3. The secondary school teacher qualification and experience amount. 4. The amount set out in Column 2 of Table 10 opposite the name of the board. O. Reg. 85/08, s. 38 (1). (2) For purposes of this section and sections 39 and 40, 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 of the board in a regular timetable that is in effect as of October 31, 2008 is not counted, unless he or she is on a leave of absence with pay on October 31, 2008 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. O. Reg. 85/08, s. 38 (2). (3) In this section and in sections 39 and 40, “AEFO” stands for l’Association des enseignantes et des enseignants franco-ontariens; (“AEFO”) “AEFO certification” means the AEFO certification of Group 1, Group 2, Group 3 or Group 4; (“certification de l’AEFO”) “new teacher” and “new teaching period” have the same meaning as in Part X.0.1 of the Act; (“nouvel enseignant” et “nouvelle période d’enseignement”) “OSSTF” stands for the Ontario Secondary School Teachers’ Federation; (“FEESO”) “OSSTF certification” means the OSSTF certification of Group 1, Group 2, Group 3 or Group 4; (“certification de la FEESO”) “QECO” stands for Qualifications Evaluation Council of Ontario; (“COEQ”) “QECO category” means the QECO category D, C, B, A1, A2, A3 or A4; (“catégorie du COEQ”) “qualification category” means AEFO certification, OSSTF certification or QECO category; (“catégorie de qualifications”) “teacher” includes a temporary teacher and does not include, (a) a continuing education teacher, or (b) an occasional teacher, except as provided in paragraph 3 of subsection 40 (4). (“enseignant”) O. Reg. 85/08, s. 38 (3).
Program enhancement allocation
43. The amount of the program enhancement allocation for a district school board for the fiscal year is determined by multiplying $9,650 by the total number of qualifying sole elementary schools, qualifying sole secondary schools and qualifying combined schools of the board, as determined under subsection 16 (3). O. Reg. 85/08, s. 43.
Community use of schools allocation
44. (1) The amount of the community use of schools allocation for a district school board for the fiscal year is the total of the following amounts:   1. The community use of schools operations amount for the district school board for the fiscal year, set out in Column 2 of Table 13 opposite the name of the board. 2. The community use of schools coordinators’ amount for the district school board for the fiscal year, determined as follows: i. Multiply the number of qualifying schools of the board by $800. ii. Add $36,000 to the product determined under subparagraph i. O. Reg. 85/08, s. 44 (1). (2) In this section, “qualifying school” means a school that is a qualifying sole elementary school, a qualifying sole secondary school or a qualifying combined school under subsection 16 (3). O. Reg. 85/08, s. 44 (2).
Pupil accommodation allocation
45. (1) The amount of the pupil accommodation allocation for a district school board for the fiscal year is the total of the following amounts:   1. The amount for school operations. 2. The amount for school renewal. 3. The amount for urgent and high priority renewal projects. 4. The amount for new pupil places. 5. The amount for primary class size reduction. 6. The amount for growth schools. 7. The amount for the capital transitional adjustment. 7.1 The amount for capital priorities. 8. The amount for the replacement of schools that are prohibitive to repair. 9. The amount for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act. 10. The amount for outstanding capital commitments. O. Reg. 85/08, s. 45 (1); O. Reg. 270/09, s. 2. (2) In this section and in sections 46 to 56, “2006-2007 enrolment” means, in respect of a school operated by a board, the 2006-2007 day school average daily enrolment of pupils of the board, within the meaning of Ontario Regulation 339/06 (Calculation of Average Daily Enrolment for the 2006-2007 School Board Fiscal Year) made under the Act, counting only pupils enrolled in the school; (“effectif de 2006-2007”) “2006-2007 reported capacity” means, in respect of a school operated by a board, the school capacity as reported in Appendix C to the board’s 2006-2007 financial statements prepared and submitted to the Ministry under the Act; (“capacité d’accueil déclarée pour 2006-2007”) “2007-2008 enrolment” means, in respect of a school operated by a board, the 2007-2008 day school average daily enrolment of pupils of the board within the meaning of Ontario Regulation 150/07 (Calculation of Average Daily Enrolment for the 2007-2008 School Board Fiscal Year) made under the Act, counting only pupils enrolled in the school; (“effectif de 2007-2008”) “2007-2008 reported capacity” means, in respect of a school operated by a board, the school capacity as reported in Appendix C to the board’s 2007-2008 financial statements prepared and submitted to the Ministry under the Act; (“capacité d’accueil déclarée pour 2007-2008”) “2008-2009 enrolment” means, in respect of a school operated by a board, the 2008-2009 day school average daily enrolment of pupils of the board, counting only pupils enrolled in the school; (“effectif de 2008-2009”) “elementary facility” means a facility that is or was an elementary school of a board; (“établissement élémentaire”) “instructional space” means a space in a school that can reasonably be used for instructional purposes; (“aire d’enseignement”) “outlying elementary school” has the same meaning as in subsection 32 (2); (“école élémentaire excentrée”) “outlying secondary school” has the same meaning as in subsection 32 (2); (“école secondaire excentrée”) “secondary facility” means a facility that is or was a secondary school of a board. (“établissement secondaire”) O. Reg. 85/08, s. 45 (2).
Amount for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act
54. The amount for the board for the fiscal year for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act is determined as follows: 1. Determine the costs for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act, that are reported by August 31, 2009, i. for which construction is completed at any time from September 1, 2005 to August 31, 2009, ii. that are under construction during that period, or iii. for which a tender for construction is awarded during that period. 2. Determine the amount that is payable in the 2008-2009 fiscal year if the amount determined under paragraph 1 is amortized over 25 years at an annual interest rate of 5.25 per cent, with no compounding. 3. Take the number of child care spaces that, i. are in schools of the board that provide pupil accommodation for the first time on or after September 1, 2006, and ii. the Minister confirms have been approved, by a municipality or district social services administration board established under section 3 of the District Social Services Administration Boards Act, as part of a facility described in clause 234 (1) (b) or (c) of the Education Act. 4. Multiply the number determined under paragraph 3 by the benchmark area requirement per child of 9.7 metres squared. 5. Multiply the number determined under paragraph 4 by the benchmark construction cost of $120.77 per metre squared. 6. Multiply the amount determined under paragraph 5 by the geographic adjustment factor set out in Column 3 of Table 16 opposite the name of the board. 7. Multiply the amount determined under paragraph 6 by 1.4. 8. Take the lesser of the amounts determined under paragraph 2 and paragraph 7. O. Reg. 85/08, s. 54.
Amount for outstanding capital commitments
55. The amount for the board for the fiscal year for outstanding capital commitments is determined as follows: 1. Take the number of elementary school pupil places shown in Column 2 of Table 24, opposite the name of the board. 2. Multiply the number taken under paragraph 1 by the pre-September, 2005 benchmark area requirement per pupil of 9.29 metres squared. 3. Multiply the product obtained under paragraph 2 by the pre-September, 2004 benchmark construction cost of $118.40 per metre squared. 4. Take the number of secondary school pupil places shown in Column 3 of Table 24, opposite the name of the board. 5. Multiply the number taken under paragraph 4 by the benchmark area requirement per pupil of 12.07 metres squared. 6. Multiply the product obtained under paragraph 5 by the pre-September, 2004 benchmark construction cost of $129.17 per metre squared. 7. Add the products obtained under paragraphs 3 and 6. O. Reg. 85/08, s. 55.
Debt charges allocation
57. (1) The amount of the debt charges allocation for a district school board for the fiscal year is the sum of, (a) the total amount of principal and interest paid by the board in the fiscal year in respect of the permanently financed debt of the board; and (b) the total amount payable in the fiscal year in respect of the financing arranged to refinance the board’s non-permanently financed debt, 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. O. Reg. 85/08, s. 57 (1). (2) In this section, “non-permanently financed debt” means, in respect of a board, the amount listed in Column 3 opposite the name of the board in Table 25; (“dette sans financement permanent”) “permanently financed debt” means, in respect of a board, the amount that is listed in Column 2 opposite the name of the board in Table 25. (“dette avec financement permanent”) O. Reg. 85/08, s. 57 (2).
Debt charges allocation
57.1-57.3 Revoked: O. Reg. 349/09, s. 15.
Compliance
59. Every district school board shall manage its estimates process and its expenditures so as to ensure compliance with the requirements of sections 60 to 62. O. Reg. 85/08, s. 59.
Required spending, special education
60. (1) Subject to subsection (2), a district school board shall ensure that the amount it spends in the fiscal year on special education for pupils of the board is not less than the amount of the board’s special education allocation for the fiscal year. O. Reg. 349/09, s. 17. (2) If a board’s net expenditure on special education for its pupils in the fiscal year is less than the amount required under subsection (1), the board shall place the difference in the board’s special education reserve fund. O. Reg. 85/08, s. 60 (2). (3) For the purposes of this section, a board’s net expenditure on special education in the fiscal year is determined as follows: 1. Add the part of the amount that is in the board’s reserve fund under subsection 233 (1) of the Act on August 31, 2009, immediately before the transfer under subsection 233 (2) of the Act, that is attributable to special education to the board’s expenditure on special education for its pupils in the 2008-2009 fiscal year. 2. Deduct the following amounts from the amount determined under paragraph 1: i. The amount of any transfers from the board’s special education reserve fund in the fiscal year. ii. The amounts of any other transfers from reserves in the fiscal year that were applied against the board’s expenditure on special education for its pupils. iii. Any revenue from other sources received by the board in the fiscal year that is spent by the board in the fiscal year on special education for its pupils. O. Reg. 85/08, s. 60 (3). (4) This section shall not be interpreted as limiting the amount that a board may spend on special education. O. Reg. 85/08, s. 60 (4).
Required spending, capital assets
61. (1) Subject to subsection (2), a district school board shall ensure that an amount equal to the total of the following amounts determined for the board is spent in the fiscal year on the acquisition of capital assets: 1. The amount for school renewal, determined under section 47. 2. The amount for new pupil places, determined under section 49. 3. The amount for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act, determined under section 54 of this Regulation. 4. The amount for outstanding capital commitments, determined under section 55. O. Reg. 85/08, s. 61 (1). (2) If a board’s net expenditure in the fiscal year on the acquisition of capital assets is less than the total amount determined under subsection (1), the board shall place the difference in the board’s pupil accommodation allocation reserve fund. O. Reg. 85/08, s. 61 (2). (3) For the purposes of this section, a board’s net expenditure in the fiscal year on the acquisition of capital assets is determined by deducting the following amounts from its expenditures in the fiscal year on the acquisition of capital assets: 1. The amounts of any transfers in the fiscal year from the pupil accommodation allocation reserve fund. 2. The amounts of any transfers in the fiscal year from the proceeds of disposition reserve fund or the reserve fund for the proceeds of disposition of schools that are prohibitive to repair that were applied in the fiscal year against expenditures for the acquisition of capital assets. 3. The amounts of any transfers in the fiscal year from other reserves, other than education development charge reserve funds, that were applied in the fiscal year against expenditures for the acquisition of capital assets. 4. Any revenue from other sources received by the board in the fiscal year that is spent by the board in the fiscal year on the acquisition of capital assets. O. Reg. 85/08, s. 61 (3). (4) This section shall not be interpreted as limiting the amount that a board may spend on the acquisition of capital assets. O. Reg. 85/08, s. 61 (4).
Maximum administration and governance expenditures
62. (1) A district school board shall ensure that its net administration and governance expenditures in the fiscal year do not exceed its administration and governance limit. O. Reg. 85/08, s. 62 (1). (2) The amount of the board’s administration and governance limit for the fiscal year is the sum of, (a) the portion of the board’s adjustment for declining enrolment, if any, that is allocated by the board to the administration and governance limit; and (b) the board’s administration and governance allocation for the fiscal year. O. Reg. 85/08, s. 62 (2); O. Reg. 416/08, s. 24 (1); O. Reg. 349/09, s. 18. (3) For the purposes of this section, (a) an expenditure by a board is an administration expenditure if it is an expenditure categorized in the Ministry’s Uniform Code of Accounts, which is available as described in subsection 3 (8), as an administration expenditure; and (b) an expenditure by a board is a governance expenditure if it is an expenditure categorized in the Ministry’s Uniform Code of Accounts, which is available as described in subsection 3 (8), as a governance expenditure. O. Reg. 85/08, s. 62 (3); O. Reg. 416/08, s. 24 (2). (4) For the purposes of this section, a board’s net administration and governance expenditures in the fiscal year is determined as follows: 1. Determine the sum of the administration expenditures made by the board in the fiscal year and the governance expenditures made by the board in the fiscal year. 2. Add the part of the amount that is in the board’s reserve fund under subsection 233 (1) of the Act on August 31, 2009, before the transfer under subsection 233 (2) of the Act, that is attributable to administration and governance to the amount determined under paragraph 1 of this subsection. 3. Deduct the following amounts from the amount determined under paragraph 2: i. The amounts of any transfers from reserves in the fiscal year that were applied against the board’s administration expenditures or governance expenditures. ii. Any revenue from other sources received by the board in the fiscal year that is spent by the board in the fiscal year on board administration expenditures or governance expenditures. O. Reg. 85/08, s. 62 (4). PART III    GRANTS TO SCHOOL AUTHORITIES
Grants to s. 68 boards
64. (1) A section 68 board is paid a grant in an amount determined as follows: 1. Take the expenditure of the board for the 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 the revenue of the board for the 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 1 i, ii or iii. O. Reg. 85/08, s. 64 (1). (2) Subsection (3) 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) and Special Incidence Portion (SIP) 2008-09”, which is available as described in subsection 3 (2), 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 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 2007-2008 school board fiscal year. O. Reg. 85/08, s. 64 (2). (3) The special equipment referred to in subsection (2) 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. O. Reg. 85/08, s. 64 (3). PART IV   PAYMENTS TO GOVERNING AUTHORITIES
Definitions
65. 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); (“établissement de la Couronne”) “reserve” means a reserve within the meaning of the Indian Act (Canada). (“réserve”) O. Reg. 85/08, s. 65.
Pupil attending school in Manitoba or Quebec
66. (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. O. Reg. 85/08, s. 66 (1). (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. O. Reg. 85/08, s. 66 (2).
Pupil attending school on reserve
67. (1) 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. O. Reg. 85/08, s. 67 (1). (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. 85/08, s. 67 (2).