STUDENT FOCUSED FUNDING - LEGISLATIVE GRANTS FOR THE 2002-2003 SCHOOL BOARD FISCAL YEAR

Education Act

ONTARIO REGULATION 156/02

Amended to O. Reg. 146/07

STUDENT FOCUSED FUNDING — LEGISLATIVE GRANTS FOR THE 2002-2003 SCHOOL BOARD FISCAL YEAR

Note: This Regulation was revoked on April 10, 2007. See: O. Reg. 146/07, ss. 1, 2.

This is the English version of a bilingual regulation.

SKIP TABLE OF CONTENTS

CONTENTS


PART I GENERAL
1.	Interpretation
2.	Pupil of a board
3.	Enrolment
4.	Level of accuracy
5.	Legislative grants
6.	Payments
7.	Conditions for grant
8.	Adjusting overpayment
9.	Adjusting underpayment
PART II GRANTS TO DISTRICT SCHOOL BOARDS
10.	Grant allocations
11.	Amount of grant
12.	2002-2003 tax revenue
13.	Foundation allocation
14.	Special education allocation
15.	Enrolment-based special education amount
16.	Equipment ISA
17.	Program ISA
18.	Special incidence ISA
19.	Programs in facilities amount
20.	Special education pupil, move to new board
21.	Language allocation, English-language boards
22.	French as a second language amount
23.	Native language amount
24.	ESL/ESD amount
25.	Language allocation, French-language boards
26.	French as a first language amount
27.	ALF/PDF amount
28.	Small schools allocation
29.	Remote and rural allocation
30.	Learning opportunities allocation
31.	Continuing education and other programs allocation
32.	Teacher qualification and experience allocation
33.	Early learning allocation
34.	Transportation allocation
35.	Administration and governance allocation
36.	Pupil accommodation allocation
37.	Debt charges allocation
38.	Adjustment for declining enrolment
39.	Compliance
40.	Enveloping, classroom expenditures
41.	Required spending, special education
42.	Required spending, capital assets
43.	Maximum administration and governance expenditures
44.	Flexibility fund
PART III GRANTS TO SCHOOL AUTHORITIES
45.	Grants to isolate boards
46.	Grants to s. 68 boards
PART IV PAYMENTS TO GOVERNING AUTHORITIES
47.	Definitions
48.	Pupil not resident in board’s jurisdiction
49.	Pupil resident in board’s jurisdiction
50.	Pupil attending school on reserve
51.	Amounts payable to board, attendance at school for Indian children
Table/Tableau 1	Intensive support amount grant for level 2 and level 3 pupils/Allocation d’aide spécialisée de niveau 2 et de niveau 3
Table/Tableau 2	ESL/ESD grant/subvention ESL/ESD
Table/Tableau 3	Assimilation factors for ALF funding/Facteurs d’assimilation pour le financement des programmes d’ALF
Table/Tableau 4	Remote and rural allocation/Élément conseils ruraux et éloignés
Table/Tableau 5	Learning opportunities/Programmes d’aide à l’apprentissage
Table/Tableau 6	Teacher qualification and experience/Compétence et expérience des enseignants
Table/Tableau 6.1	Transportation adjustment/Redressement au titre du transport
Table/Tableau 7	Percentage of total area of elementary and secondary schools less than 20 years old or 20 years or older/Pourcentage de la superficie totale des écoles élémentaires et secondaires qui datent de moins de 20 ans ou de 20 ans ou plus
Table/Tableau 7.1	School renewal enhancement amounts/Augmentation au titre de la réfection des écoles
Table/Tableau 8	Capital transitional adjustment/Redressement temporaire des immobilisations
Table/Tableau 9	Geographic adjustment factors for new pupil places/Facteurs de redressement géographique pour les nouvelles places
Table/Tableau 10	Schools for which cost of repair is prohibitive/Écoles dont le coût des réparations est prohibitif
Table/Tableau 11	Outstanding capital commitments/Engagements d’immobilisations non réalisés
Table/Tableau 11.1	Per pupil exclusion for declining enrolment adjustment/Montant par élève à exclure du redressement pour baisse des effectifs
Table/Tableau 12	Classroom expenditure percentages/Pourcentages des dépenses liées aux classes

PART I
GENERAL

Interpretation

1. (1) This Regulation applies to boards for the 2002-2003 fiscal year and to governing authorities in respect of payments for the period from September 1, 2002 to August 31, 2003. O. Reg. 156/02, s. 1 (1).

(2) In this Regulation,

“2002-2003 A.D.E. regulation” means Ontario Regulation 157/02; (“règlement sur l’effectif quotidien moyen de 2002-2003”)

“2002-2003 fees regulation” means Ontario Regulation 158/02; (“règlement sur les droits de 2002-2003”)

“2002-2003 fiscal year” means the fiscal year from September 1, 2002 to August 31, 2003; (“exercice 2002-2003”)

“ALF” stands for actualisation linguistique en français; (“ALF”)

“capital asset” means,

(a) a school site that provides or is capable of providing pupil accommodation and an addition or improvement to such a school site,

(b) a school building, fixture of a school building or fixture of school property, and an addition, alteration, renovation or major repair to a school building, fixture of a school building or fixture of school property,

(d) library materials for the initial equipping of a library in a school building,

(e) an installation on school property to supply a school building on the property with water, sewer, septic, electrical, heating, cooling, natural gas, telephone or cable services, and an alteration, replacement or major repair to the installation, and

(f) changes to the level, drainage or surface of school properties; (“immobilisation”)

“combined kindergarten program” means a program operated on a five-day cycle that consists of 600 minutes of junior kindergarten for those pupils who are enrolled in the junior kindergarten part of the program and 900 minutes of kindergarten for those pupils who are enrolled in the kindergarten part of the program; (“programme combiné de maternelle et de jardin d’enfants”)

“cycle” has the same meaning as in the 2002-2003 A.D.E. regulation; (“horaire”)

“designated board associated with an old board” means the district school board that is listed in Column 2 of Schedule 1 to Ontario Regulation 460/97, opposite the old board listed in Column 1 of that Schedule; (“conseil désigné rattaché à un ancien conseil”)

“elementary school pupil” means a pupil who is enrolled in any of junior kindergarten, kindergarten and grades one to eight; (“élève de l’élémentaire”)

“ESD” stands for English skills development; (“ESD”)

“ESL” stands for English as a second language; (“ESL”)

“full-time pupil” has the same meaning as in the 2002-2003 A.D.E. regulation; (“élève à temps plein”)

“half-time pupil” has the same meaning as in the 2002-2003 A.D.E. regulation; (“élève à mi-temps”)

“independent study course” has the same meaning as in the 2002-2003 A.D.E. regulation; (“cours d’études personnelles”)

“ISA” stands for intensive support amount; (“AAS”)

“isolate board” is a school authority other than a section 68 board; (“conseil isolé”)

“local priorities amount” means, in respect of a district school board for the fiscal year, the amount determined by multiplying the 2002-2003 day school average daily enrolment of pupils of the board by $200; (“somme liée aux priorités locales”)

“old board” does not include,

(a) The Board of Education for the Borough of East York,

(b) The Board of Education for the City of Etobicoke,

(d) The Board of Education for the City of Scarborough,

(e) The Board of Education for the City of Toronto,

(f) The Board of Education for the City of York, or

(g) The Metropolitan Toronto French-Language School Council; (“ancien conseil”)

“OMERS savings” means, with respect to a board, the savings for the board for the 2002-2003 school year as a result of the suspension of employer contributions normally payable to the Ontario Municipal Employees Retirement Fund on behalf of the board’s employees who are members of the Ontario Municipal Employees Retirement System; (“économies liées au R.R.E.M.O.”)

“part-time pupil” has the same meaning as in the 2002-2003 A.D.E. regulation; (“élève à temps partiel”)

“PDF” stands for perfectionnement du français; (“PDF”)

“revenue from other sources” means, with respect to a district school board, the revenue of the board other than,

(a) the amount of grants payable to the board under this Regulation,

(b) the amount that would be the board’s 2002-2003 tax revenue amount if no amount were required to be deducted under paragraph 2 or 3 of subsection 12 (1), and

“secondary school pupil” means a pupil who is enrolled in any of grades nine to twelve or in a course leading to an OAC credit; (“élève du secondaire”)

“section 68 board” is a board established under section 68 of the Act; (“conseil créé en vertu de l’article 68”)

“supported board associated with an old board” means the district school board that is listed in Column 3 of Schedule 1 to Ontario Regulation 460/97, opposite the old board listed in Column 1 of that Schedule; (“conseil secondé rattaché à un ancien conseil”)

“unextended old board” means an old board to which subsection 4 (1) of Ontario Regulation 78/97 applied as that regulation read immediately before it was revoked by Ontario Regulation 222/04 made under the Act. (“ancien conseil non parachevé”) O. Reg. 156/02, s. 1 (2); O. Reg. 227/04, s. 1.

Pupil of a board

2. (1) Subject to subsections (2) to (5), for the purposes of this Regulation, a pupil is a pupil of a board if he or she is enrolled in a school operated by the board. O. Reg. 156/02, s. 2 (1).

(2) A pupil who receives instruction in an education program provided by a board in a facility described or mentioned in subsection 19 (3) is not a pupil enrolled in a school operated by the board for the purposes of subsection (1). O. Reg. 156/02, s. 2 (2).

(3) Subsection (4) applies if,

(a) the area of jurisdiction of a separate district school board includes all or part of the area that was, immediately before January 1, 1998, the area of jurisdiction of an unextended old board;

(b) the separate district school board does not operate a secondary school in the area that was, immediately before January 1, 1998, the area of jurisdiction of the unextended old board; and

(c) the separate district school board has entered into a purchase of services agreement with a public board to provide instruction, in schools located in the area that was, immediately before January 1, 1998, the area of jurisdiction of the unextended old board, to secondary school pupils who are qualified to be resident pupils of the separate board. O. Reg. 156/02, s. 2 (3).

(4) For the purposes of this Regulation, pupils receiving instruction under an agreement referred to in clause (3) (c) are pupils of the separate district school board and are not pupils of the public board. O. Reg. 156/02, s. 2 (4).

(5) For the purposes of this Regulation, the following are not pupils of a board even if they are enrolled in a school of the board:

1. A pupil who is a registered Indian residing on a reserve within the meaning of the Indian Act (Canada).

2. A pupil who is liable to pay fees as specified in subsection 49 (6) of the Education Act.

3. A pupil in respect of whom the board may charge a fee under section 5 of the 2002-2003 fees regulation. O. Reg. 156/02, s. 2 (5); O. Reg. 134/03, s. 1.

Enrolment

3. (1) For the purposes of this Regulation, the 2002-2003 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 2002-2003 A.D.E. regulation, counting only pupils of the board other than secondary school pupils who are at least 21 years of age on December 31, 2002. O. Reg. 156/02, s. 3 (1).

(2) For the purposes of this Regulation, the 2002-2003 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 2002-2003 A.D.E. regulation, counting only the elementary school pupils of the board. O. Reg. 156/02, s. 3 (2).

(3) For the purposes of this Regulation, the 2002-2003 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 2002-2003 A.D.E. regulation, counting only secondary school pupils of the board who are under 21 years of age on December 31, 2002. O. Reg. 156/02, s. 3 (3).

(4) For the purposes of this Regulation, the day school full-time equivalent enrolment for a board as of October 31, 2002 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, 2002, excluding secondary school pupils who are at least 21 years of age on December 31, 2002,

“B” is the amount equal to 0.5 times the number of half-time pupils of the board enrolled on October 31, 2002,

“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, 2002, other than a secondary school pupil who is at least 21 years of age on December 31, 2002, equal to the number of minutes for which the pupil is registered for classroom instruction in the cycle that includes October 31, 2002, 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. 156/02, s. 3 (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. 156/02, s. 3 (5).

Level of accuracy

4. (1) A count of pupils for the purposes of this Regulation on the basis of average daily enrolment or on the basis of full-time equivalent enrolment must be accurate to two decimal places. O. Reg. 156/02, s. 4 (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. 156/02, s. 4 (2).

Legislative grants

5. (1) The legislative grant payable for the fiscal year to a district school board is the amount calculated under Part II. O. Reg. 156/02, s. 5 (1).

(2) The legislative grant payable for the fiscal year to an isolate board is the amount calculated under section 45. O. Reg. 156/02, s. 5 (2).

(3) The legislative grant payable for the fiscal year to a section 68 board is the amount calculated under section 46. O. Reg. 156/02, s. 5 (3).

Payments

6. 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. 156/02, s. 6.

Conditions for grant

7. (1) It is a condition of the payment of a grant to a board under this Regulation that the board comply with all Acts administered by the Minister and with all regulations, policies, guidelines, directives and similar instruments made under an Act administered by the Minister. O. Reg. 156/02, s. 7 (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. 156/02, s. 7 (2).

(3) Without limiting the generality of subsection (2), if a board contravenes subsection 170.2 (2) or 170.2.1 (2) of the Act, the Minister may withhold all or part of a grant otherwise payable to the board under the Act. O. Reg. 156/02, s. 7 (3).

Adjusting overpayment

8. (1) 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. 156/02, s. 8 (1).

(2) If an amount payable to an old board under a legislative grant regulation was overpaid and the overpayment has not been deducted from grants payable under other legislative grant regulations to the designated board associated with the old board or the supported board associated with the old board, the overpayment must be deducted from the grants payable under this Regulation to that designated board and supported board, in accordance with the appropriate distribution ratios as determined under the directives published in September, 1997 by the Education Improvement Commission and entitled “Directives for the Distribution of Assets and Liabilities Among District School Boards”. O. Reg. 156/02, s. 8 (2).

Adjusting underpayment

9. (1) 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. 156/02, s. 9 (1).

(2) If an amount payable to an old 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 designated board associated with the old board or to the supported board associated with the old board, in accordance with the appropriate distribution ratios as determined under the directives published in September, 1997 by the Education Improvement Commission and entitled “Directives for the Distribution of Assets and Liabilities Among District School Boards”. O. Reg. 156/02, s. 9 (2).

PART II
GRANTS TO DISTRICT SCHOOL BOARDS

Grant allocations

10. (1) 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. Foundation allocation.

2. Special education allocation.

3. Language allocation.

4. Small schools allocation.

5. Remote and rural allocation.

6. Learning opportunities allocation.

7. Continuing education and other programs allocation.

8. Teacher qualification and experience allocation.

9. Early learning allocation.

10. Transportation allocation.

11. Administration and governance allocation.

12. Pupil accommodation allocation.

13. Debt charges allocation. O. Reg. 156/02, s. 10 (1).

(2) For the purposes of this Part, an old board is a predecessor of a district school board if the district school board is listed in Column 2 or 3 of Schedule 1 to Ontario Regulation 460/97, opposite the old board listed in Column 1 of that Schedule. O. Reg. 156/02, s. 10 (2).

Amount of grant

11. 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 + F)

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 2002-2003 tax revenue, as determined in this Regulation,

“D” is the amount of the OMERS savings for the board,

“E” 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 2002-2003 fees regulation, and

“F” is the amount of the board’s reserve fund under subsection 233 (1) of the Act on August 31, 2003 before the transfer under subsection 233 (2) of the Act.

O. Reg. 156/02, s. 11.

2002-2003 tax revenue

12. (1) The 2002-2003 tax revenue of a district school board is determined as follows:

1. Add,

i. 38 per cent of the total of the amounts distributed to the board in respect of the 2002 calendar year under subsections 237 (12) and 238 (2), section 239, subsection 240 (5), sections 250 and 251 and subsections 257.8 (2) and 257.9 (1) of the Act, under subsections 421 (3), 442.1 (11.3), 442.5 (23) and 442.8 (16) and sections 447.20 and 447.52 of the Municipal Act, under section 10 of Ontario Regulation 509/98 and under subsection 13 (2) of Ontario Regulation 3/02,

ii. 62 per cent of the total of the amounts distributed to the board in respect of the 2003 calendar year under subsections 237 (12) and 238 (2), section 239, subsection 240 (5), sections 250 and 251 and subsections 257.8 (2) and 257.9 (1) of the Education Act, under sections 447.20 and 447.52 of the Municipal Act, as made applicable by section 474 of the Municipal Act, 2001, under subsections 353 (4), 364 (22) and 365.2 (16) of the Municipal Act, 2001, under section 10 of Ontario Regulation 509/98 and under subsection 13 (2) of Ontario Regulation 3/02,

iii. 38 per cent of the total of the amounts, if any, referred to in subsection 442.5 (23) of the Municipal Act, as made applicable by section 257.12.3 of the Education Act, that are paid to the board in respect of the 2002 calendar year,

iii.1 62 per cent of the total of the amounts, if any, referred to in subsection 364 (22) of the Municipal Act, 2001, as made applicable by section 257.12.3 of the Education Act, that are paid to the board in respect of the 2003 calendar year,

iv. 38 per cent of the amounts, if any, received by the board in respect of the 2002 calendar year from a municipality under subsection 445 (4) of the Municipal Act,

v. 62 per cent of the amounts, if any, received by the board in respect of the 2003 calendar year from a municipality under subsection 366 (3) of the Municipal Act, 2001,

v.1 62 per cent of the amounts, if any, paid to the board in respect of the 2003 calendar year by a municipality under subsection 353 (4) of the Municipal Act, 2001,

v.2 62 per cent of the amounts, if any, applied by the board against the cancellation price of land sold for tax arrears in the 2003 calendar year, under section 380 of the Municipal Act, 2001, as made applicable by subsection 371 (2) of that Act,

vi. the total of the taxes received by the board in respect of the 2002 calendar year under section 35 of the Assessment Act,

vii. 38 per cent of the payments in lieu of taxes distributed to the board in respect of the 2002 calendar year under subsection 371.1 (1) of the Municipal Act,

viii. 62 per cent of the payments in lieu of taxes distributed to the board in respect of the 2003 calendar year under subsection 322 (1) of the Municipal Act, 2001,

ix. 38 per cent of the grants, if any, made to the board in respect of the 2002 calendar year under the Ontario Municipal Support Grants Act,

x. 62 per cent of the grants, if any, made to the board in respect of the 2003 calendar year under subsection 302 (2) of the Municipal Act, 2001,

xi. 38 per cent of the amounts, if any, received by the board in respect of the 2002 calendar year under the Payments in Lieu of Taxes Act (Canada) or under any Act of Canada that permits a payment to be made by a government or a government agency in lieu of taxes on real property,

xii. 62 per cent of the amounts, if any, received by the board in respect of the 2003 calendar year under the Payments in Lieu of Taxes Act (Canada) or under any Act of Canada that permits a payment to be made by a government or a government agency in lieu of taxes on real property,

xiii. the total of the amounts, if any, distributed to the board in the fiscal year under subsection 2 (2) of Ontario Regulation 365/98, and

xiv. the total of the amounts, if any, paid to the board in the fiscal year under clause 3 (1) (a) of Ontario Regulation 366/98.

2. If the board is required to levy taxes for school purposes in respect of property in territory without municipal organization, deduct the sum of,

i. $50,000,

ii. 0.76 per cent of the total of the amount of those taxes levied for school purposes for the 2002 calendar year and the amount of the tax imposed by section 21.1 of the Provincial Land Tax Act that is levied by the board for that year, and

iii. 1.24 per cent of the total of the taxes described in subparagraph ii that are levied by the board for the 2003 calendar year.

3. Deduct the costs for which the board is responsible under the Municipal Elections Act, 1996 that are incurred in the fiscal year to conduct elections of members in territory without municipal organization that is deemed to be a district municipality for the purposes of clause 257.12 (3) (a) of the Education Act.

4. Deduct the amounts charged to the board in the 2002 calendar year by a municipal council under section 421 of the Municipal Act, including amounts charged under that section as a result of private legislation.

5. Deduct the total of the amounts rebated, paid or credited by the board under sections 257.2.1 and 257.12.3 of the Act in the fiscal year.

6. Deduct 38 per cent of the total of the amounts, if any, paid by the board in respect of the 2002 calendar year under subsections 442.1 (7), 442.4 (4), 442.5 (11), 442.6 (3), 442.7 (13), (14), (15), (17), (18) and (19) and 442.8 (8) of the Municipal Act.

7. Deduct 62 per cent of the total of the amounts, if any, paid by the board in respect of the 2003 calendar year under subsections 361 (7), 364 (11), 365 (3), 365.1 (13), (14), (15), (17), (18) and (19) and 365.2 (8) of the Municipal Act, 2001. O. Reg. 156/02, s. 12 (1); O. Reg. 134/03, s. 2.

(2) For the purposes of determining the amount of a district school board’s 2002-2003 tax revenue, the following rules apply:

1. All amounts, if any, paid by the Minister to the board in respect of the 2002 calendar year under section 257.11 of the Act are deemed to be amounts distributed to the board in respect of the 2002 calendar year under a provision of the Act referred to in subparagraph 1 i of subsection (1).

2. All amounts, if any, paid by the Minister to the board in respect of the 2003 calendar year under section 257.11 of the Act are deemed to be amounts distributed to the board in respect of the 2003 calendar year under a provision of the Act referred to in subparagraph 1 ii of subsection (1). O. Reg. 156/02, s. 12 (2).

Foundation allocation

13. (1) The amount of the foundation allocation for a district school board for the fiscal year is the sum of the board’s base amount for the fiscal year and the board’s local priorities amount for the year. O. Reg. 156/02, s. 13 (1).

(2) The board’s base amount for the fiscal year is the total of the following amounts:

1. The amount determined by multiplying the 2002-2003 day school average daily enrolment of elementary school pupils of the board by $3,578.

2. The amount determined by multiplying the 2002-2003 day school average daily enrolment of secondary school pupils of the board by $4,348. O. Reg. 156/02, s. 13 (2); O. Reg. 348/02, s. 1.

Special education allocation

14. 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.

2. The equipment ISA for the board for the fiscal year.

3. The program ISA for the board for the fiscal year.

4. The programs in facilities amount for the board for the fiscal year. O. Reg. 156/02, s. 14.

Enrolment-based special education amount

15. The enrolment-based special education amount for a board for the fiscal year is determined as follows:

1. Multiply the 2002-2003 day school average daily enrolment of elementary school pupils of the board, counting only pupils enrolled in junior kindergarten, kindergarten and grades one to three, by $528 to determine the enrolment-based special education amount for junior kindergarten to grade three.

2. Multiply the 2002-2003 day school average daily enrolment of elementary school pupils of the board, counting only pupils enrolled in grades four to eight, by $398 to determine the enrolment-based special education amount for grades four to eight.

3. Multiply the 2002-2003 day school average daily enrolment of secondary school pupils of the board by $257 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. 156/02, s. 15; O. Reg. 348/02, s. 2.

Equipment ISA

16. (1) For the purposes of subsection (2), an equipment ISA claim for a pupil of a district school board is an approved equipment ISA claim for the pupil if,

(a) the board has designated the pupil as an ISA level 1 pupil in accordance with the Ministry publication entitled “Intensive Support Amount (ISA) Guidelines for School Boards, Spring 2001” and the Minister has approved the designation; and

(b) the board has made an ISA level 1 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. 156/02, s. 16 (1).

(2) The equipment ISA for a board for the fiscal year is determined by totalling the approved equipment ISA claims for pupils of the board, after any adjustment required under subsection 20 (4). O. Reg. 156/02, s. 16 (2).

Program ISA

17. The program ISA for a board for the fiscal year is the sum of,

(a) the total of the approved special incidence ISA claims for pupils of the board, after any adjustments required under section 20; and

(b) the amount set out in Column 2 of Table 1 opposite the name of the board set out in Column 1 of that Table, after any adjustment to the amount required under section 20. O. Reg. 156/02, s. 17.

Special incidence ISA

18. A special incidence ISA claim for a pupil of a board is an approved special incidence ISA claim for the pupil if,

(a) the board has designated the pupil as a pupil requiring special incidence funding in accordance with the Ministry publication entitled “Intensive Support Amount (ISA) Guidelines for School Boards, Spring 2001” and the Minister has approved the designation; and

(b) the board has made a special incidence ISA 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. 156/02, s. 18.

Programs in facilities amount

19. (1) The programs in facilities amount for a board for the fiscal year is the total of all amounts each of which is an amount for a qualifying education program provided by the board in a facility listed in subsection (3). O. Reg. 156/02, s. 19 (1).

(2) An education program provided by the board in a facility listed in subsection (3) is a qualifying education program for the purposes of this section if the following conditions are satisfied:

1. The education program is provided by a teacher employed by the board.

2. No education program is provided by the Province in the facility.

3. The board has entered into a written agreement with the facility setting out,

i. the responsibilities of the facility for the provision of accommodation, and

ii. the responsibilities of the board for the provision of the education program, including the number of teachers and teacher assistants to be employed by the board for the purposes of the program.

4. The Minister has approved the staffing plan for the program and is satisfied,

i. that the agreement referred to in paragraph 3 adequately sets out the responsibilities of the board and the facility, and

ii. that there is a need for the provision of the program by the board in the facility. O. Reg. 156/02, s. 19 (2).

(3) The following are facilities for the purposes of this section:

1. A psychiatric facility.

2. An approved charitable institution as defined in the Charitable Institutions Act.

3. An agency approved under subsection 8 (1) of the Child and Family Services Act.

4. A facility designated under the Developmental Services Act.

5. A place of temporary detention, open custody or secure custody continued or established under section 89 of the Child and Family Services Act.

6. A home for special care licensed under the Homes for Special Care Act.

7. A hospital approved by the Minister.

8. A nursing home operated under a licence issued under the Nursing Homes Act.

9. A correctional institution as defined in the Ministry of Correctional Services Act.

10. A place of secure or open custody or a place of temporary detention designated for the purposes of the Young Offenders Act (Canada). O. Reg. 156/02, s. 19 (3).

(4) Subject to subsections (5) and (6), the amount for a qualifying education program is determined as follows:

1. Determine the expenditure of the board in the fiscal year for salary and employee benefits of teachers employed by the board to provide the program. The amount determined under this paragraph shall not exceed the amount that could be expended by the board for salary and employee benefits of teachers under the staffing plan referred to in paragraph 4 of subsection (2).

2. Multiply the number of full-time equivalent teachers employed by the board to provide the program by $2,500. For the purposes of this paragraph, the counting practices usually followed by the board for staffing purposes are to be followed.

3. Determine the expenditure of the board in the fiscal year for salary and employee benefits of teacher assistants employed by the board to assist teachers in providing the program. The amount determined under this paragraph shall not exceed the amount that could be expended by the board for salary and employee benefits of teacher assistants under the staffing plan referred to in paragraph 4 of subsection (2).

4. Multiply the number of full-time equivalent teacher assistants employed by the board to assist teachers in providing the program by $1,220. For the purposes of this paragraph, the counting practices usually followed by the board for staffing purposes are to be followed.

5. Determine the expenditure of the board in the fiscal year for the purchase of furniture or equipment for any classroom used in the program. The amount determined for a classroom under this paragraph, added to the total of all amounts received for the classroom under similar provisions of previous legislative grant regulations, shall not exceed $3,300 unless the board obtains the Minister’s approval.

6. Total the amounts determined under paragraphs 1 to 5. O. Reg. 156/02, s. 19 (4).

(5) Despite subsection (4), if the education program was previously provided in the facility by the Ministry, the amount for the qualifying education program for the fiscal year is the amount equal to the cost for the program that is proposed by the board and approved by the Minister and not the amount determined under subsection (4). O. Reg. 156/02, s. 19 (5).

(6) Despite subsections (4) and (5), the amount otherwise determined under this section for a qualifying education program must be reduced by the amount determined by the Minister to be appropriate having regard to the reasonable costs of the board in connection with the program, if the program,

(a) operates on a smaller scale than was projected in the materials submitted by the board for consideration by the Minister for the purposes of paragraph 4 of subsection (2);

(b) does not operate during the 2002-2003 school year; or

(7) In giving approvals under this section, the Minister shall ensure that the total of the programs in facilities amounts calculated for all district school boards under this section for the fiscal year does not exceed $71 million. O. Reg. 156/02, s. 19 (7).

Special education pupil, move to new board

20. (1) Subsection (2) applies if,

(a) special equipment has been purchased through an ISA level 1 claim approved for a district school board for the fiscal year or a prior fiscal year in respect of a pupil 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. 156/02, s. 20 (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. 156/02, s. 20 (2).

(3) Subsection (4) applies if an ISA level 1 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. 156/02, s. 20 (3).

(4) Any unspent part of the ISA level 1 claim amount approved in respect of the pupil must be deducted from the amount determined under subsection 16 (2) for the former board and added to the amount determined under subsection 16 (2) for the new board. O. Reg. 156/02, s. 20 (4).

(5) Subsection (6) applies if a pupil,

(a) was a pupil of a district school board and the Minister confirmed, on or before May 24, 2002, that the pupil met the eligibility criteria for ISA level 2 or level 3 set out in the Ministry publication entitled “Addendum — ISA Guidelines 2001-2002”; and

(b) enrols in a school on or after September 1, 2002 that is operated by a different district school board and continues to be enrolled in a school operated by that board on November 2, 2002. O. Reg. 156/02, s. 20 (5).

(6) The amount set out in Column 2 of Table 1 opposite the name of the board referred to in clause (5) (a) in Column 1 of that Table is reduced and the amount set out in Column 2 of that Table opposite the name of the board referred to in clause (5) (b) in Column 1 of that Table 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. 156/02, s. 20 (6).

(7) Subsection (8) applies if a pupil,

(a) was a pupil approved for special incidence ISA 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 2001-2002 school year. O. Reg. 156/02, s. 20 (7).

(8) The total amount of the approved special incidence ISA claims for pupils of the board referred to in clause (7) (a) is reduced and the amount of the approved special incidence ISA claims for pupils of the board referred to in clause (7) (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. 156/02, s. 20 (8).

Language allocation, English-language boards

21. 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;

(b) the Native language amount for the board for the fiscal year; and

French as a second language amount

22. (1) The French as a second language amount for an English-language district school board for the fiscal year is the sum of,

(a) the French as a second language amount for elementary school pupils of the board; and

(b) the French as a second language amount for secondary school pupils of the board. O. Reg. 156/02, s. 22 (1).

(2) The French as a second language amount for elementary school pupils of a board is determined as follows:

1. Multiply $237 by the number of pupils of the board enrolled in any of grades four to eight who are scheduled on October 31, 2002 to take instruction in French for an average of 20 or more minutes but less than 60 minutes per school day.

2. Multiply $270 by the number of pupils of the board enrolled in any of grades four to eight who are scheduled on October 31, 2002 to take instruction in French for an average of 60 or more minutes but less than 150 minutes per school day.

3. Multiply $302 by the number of pupils of the board enrolled in any of grades one to eight who are scheduled on October 31, 2002 to take instruction in French for an average of 150 or more minutes per school day.

4. Multiply $302 by the number of pupils of the board enrolled in junior kindergarten or kindergarten who are scheduled on October 31, 2002 to take instruction in French for an average of 75 minutes or more per school day.

5. Total the amounts determined under paragraphs 1 to 4. O. Reg. 156/02, s. 22 (2); O. Reg. 348/02, s. 3 (1-4).

(3) The French as a second language amount for secondary school pupils of a board is determined as follows:

1. Determine an amount for grade nine and ten instruction in the subject of French by multiplying $60 by the sum of the amounts determined under the following subparagraphs:

i. Determine the credit value of each grade nine course and grade ten course in the subject of French that is taught on a non-semestered basis. Multiply the credit value by the number of pupils of the board enrolled in the course on October 31, 2002, excluding pupils who are at least 21 years of age on December 31, 2002.

ii. Determine the credit value of each grade nine course and grade ten course in the subject of French that is taught on a semestered basis. Multiply the credit value by the total of the number of pupils of the board enrolled in the course on October 31, 2002 and the number of pupils of the board enrolled in the course on March 31, 2003, excluding pupils who are at least 21 years of age on December 31, 2002.

2. Determine an amount for grade nine and ten instruction in a subject other than French if the language of instruction is French by multiplying $99 by the sum of the amounts determined under the following subparagraphs:

i. Determine the credit value of each grade nine course and grade ten course in a subject other than French that is taught in French on a non-semestered basis. Multiply the credit value by the number of pupils of the board enrolled in the course on October 31, 2002, excluding pupils who are at least 21 years of age on December 31, 2002.

ii. Determine the credit value of each grade nine course and grade ten course in a subject other than French that is taught in French on a semestered basis. Multiply the credit value by the total of the number of pupils of the board enrolled in the course on October 31, 2002 and the number of the pupils of the board enrolled in the course on March 31, 2003, excluding pupils who are at least 21 years of age on December 31, 2002.

3. Determine an amount for grade 11, 12 and OAC instruction in the subject of French by multiplying $80 by the sum of the amounts determined under the following subparagraphs:

i. Determine the credit value of each grade 11 course, grade 12 course and OAC course in the subject of French that is taught on a non-semestered basis. Multiply the credit value by the number of pupils of the board enrolled in the course on October 31, 2002, excluding pupils who are at least 21 years of age on December 31, 2002.

ii. Determine the credit value of each grade 11 course, grade 12 course and OAC course in the subject of French that is taught on a semestered basis. Multiply the credit value by the total of the number of pupils of the board enrolled in the course on October 31, 2002 and the number of the pupils of the board enrolled in the course on March 31, 2003, excluding pupils who are at least 21 years of age on December 31, 2002.

4. Determine an amount for grade 11, 12 and OAC instruction in a subject other than French if the language of instruction is French by multiplying $154 by the sum of the amounts determined under the following subparagraphs:

i. Determine the credit value of each grade 11 course, grade 12 course and OAC course in a subject other than French that is taught in French on a non-semestered basis. Multiply the credit value by the number of pupils of the board enrolled in the course on October 31, 2002, excluding pupils who are at least 21 years of age on December 31, 2002.

ii. Determine the credit value of each grade 11 course, grade 12 course and OAC course in a subject other than French that is taught in French on a semestered basis. Multiply the credit value by the total of the number of pupils of the board enrolled in the course on October 31, 2002 and the number of pupils of the board enrolled in the course on March 31, 2003, excluding pupils who are at least 21 years of age on December 31, 2002.

5. Total the amounts determined under paragraphs 1 to 4. O. Reg. 156/02, s. 22 (3); O. Reg. 348/02, s. 3 (5-8).

(4) In this section,

“course” means a course at the secondary level that is assigned a common course code in the list of common course codes published by the Ministry; (“cours”)

“credit value” means, in respect of a course in which a pupil is enrolled, the number of credits that the pupil is eligible to earn on successfully completing the course; (“valeur en crédits”)

“instruction in French” means instruction in the subject of French or instruction in any other subject if the language of instruction is French. (“enseignement en français”) O. Reg. 156/02, s. 22 (4).

Native language amount

23. (1) The Native language amount for an English-language district school board or for a French-language district school board for the fiscal year is the total of the Native language amount for elementary school pupils of the board and the Native language amount for secondary school pupils of the board. O. Reg. 156/02, s. 23 (1).

(2) The Native language amount for elementary school pupils of the board is the total of the amounts determined under the following paragraphs:

1. Multiply $227 by the number of elementary school pupils of the board who, on October 31, 2002, are scheduled to take instruction in the subject of a Native language for an average of at least 20 minutes but less than 40 minutes per school day.

2. Multiply $404 by the number of elementary school pupils of the board who, on October 31, 2002, are scheduled to take instruction in the subject of a Native language for an average of at least 40 minutes per school day. O. Reg. 156/02, s. 23 (2); O. Reg. 348/02, s. 4 (1, 2).

(3) The Native language amount for secondary school pupils of the board is the total of the amounts determined under the following paragraphs:

1. Multiply $60 by the sum of the products determined by multiplying the credit value of each course in a Native language that is a level one, level two or level three course taught on a non-semestered basis by the number of pupils of the board enrolled in the course on October 31, 2002, excluding pupils who are at least 21 years of age on December 31, 2002.

2. Multiply $60 by the sum of the products determined by multiplying the credit value of each course in a Native language that is a level one, level two or level three course taught on a semestered basis by the total of the number of pupils of the board enrolled in the course on October 31, 2002 and the number of pupils of the board enrolled in the course on March 31, 2003, excluding pupils who are at least 21 years of age on December 31, 2002.

3. Multiply $80 by the sum of the products determined by multiplying the credit value of each course in a Native language that is a grade 11, grade 12 or OAC course taught on a non-semestered basis by the number of pupils of the board enrolled in the course on October 31, 2002, excluding pupils who are at least 21 years of age on December 31, 2002.

4. Multiply $80 by the sum of the products determined by multiplying the credit value of each course in a Native language that is a grade 11, grade 12 or OAC course taught on a semestered basis by the total of the number of pupils of the board enrolled in the course on October 31, 2002 and the number of pupils of the board enrolled in the course on March 31, 2003, excluding pupils who are at least 21 years of age on December 31, 2002. O. Reg. 156/02, s. 23 (3); O. Reg. 348/02, s. 4 (3-6).

(4) In this section,

“course” means a course at the secondary level that is assigned a common course code in the list of common course codes published by the Ministry; (“cours”)

“credit value” of a course in which a pupil is enrolled means the number of credits that the pupil is eligible to earn on successfully completing the course. (“valeur en crédits”). O. Reg. 156/02, s. 23 (4).

ESL/ESD amount

24. (1) The ESL/ESD amount for an English-language district school board for the fiscal year is the sum of the amount set out for the board in Table 2 and the product determined by multiplying $2,751 by the total of the amounts determined under the following paragraphs:

1. Determine, as of October 31, 2002, the number of pupils of the board who entered Canada during the period beginning September 1, 2001 and ending October 31, 2002 from countries described in subsection (2), excluding pupils who are at least 21 years of age on December 31, 2002.

2. Multiply 0.6 by the number of pupils of the board, as of October 31, 2002, who entered Canada during the period beginning September 1, 2000 and ending August 31, 2001 from countries described in subsection (2), excluding pupils who are at least 21 years of age on December 31, 2002.

3. Multiply 0.3 by the number of pupils of the board, as of October 31, 2002, who entered Canada during the period beginning September 1, 1999 and ending August 31, 2000 from countries described in subsection (2), excluding pupils who are at least 21 years of age on December 31, 2002. O. Reg. 156/02, s. 24 (1); O. Reg. 348/02, s. 5.

(2) The countries described for the purposes of subsection (1) are,

(a) countries in which English is not the first language of a majority of the population; and

(b) countries in which a majority of the population speaks a variety of English that is sufficiently different from the English used as the language of instruction in schools of the board that it is appropriate to offer an ESL or ESD program to pupils from those countries. O. Reg. 156/02, s. 24 (2).

Language allocation, French-language boards

25. 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 Native language amount for the board for the fiscal year.

3. The ALF/PDF amount for the board for the fiscal year. O. Reg. 156/02, s. 25.

French as a first language amount

26. 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 $400 by the number of elementary school pupils of the board on October 31, 2002.

2. Multiply $647 by the 2002-2003 day school average daily enrolment of the board, counting only secondary school pupils of the board.

3. Multiply $11,047 by the number of elementary schools of the board that are governed for the first time by the board in September, 2002. O. Reg. 156/02, s. 26; O. Reg. 348/02, s. 6.

ALF/PDF amount

27. (1) The following rules apply for the purposes of this section:

1. A board is coterminous with another board if the areas of jurisdiction of the two boards are wholly or partly the same.

2. The area of jurisdiction of a French-language public district school board is divided into portions matching the areas of jurisdiction of the coterminous English-language public district school boards.

3. The area of jurisdiction of a French-language separate district school board is divided into portions matching the areas of jurisdiction of the coterminous English-language Roman Catholic boards.

4. If the area of jurisdiction of a French-language separate district school board is the same as the area of jurisdiction of an English-language Roman Catholic board, the total area of jurisdiction of the French-language separate district school board is one portion.

5. The assimilation factor for a portion of a French-language public district school board is the factor specified in Table 3 for the English-language public district school board that has an area of jurisdiction matching the portion.

6. The assimilation factor for a portion of a French-language separate district school board is the factor specified in Table 3 for the English-language Roman Catholic board that has an area of jurisdiction matching the portion. O. Reg. 156/02, s. 27 (1).

(2) The ALF/PDF amount for a French-language district school board for the fiscal year is the total of the ALF funding level for the board for the fiscal year and the PDF funding level for the board for the fiscal year. O. Reg. 156/02, s. 27 (2).

(3) The ALF funding level for the board for the fiscal year is determined as follows:

1. Determine the number, accurate to two decimal places, of elementary instructional units for ALF purposes for each portion of the board.

2. Determine the number, accurate to two decimal places, of secondary instructional units for ALF purposes for each portion of the board.

3. For each portion of the board, add the number of elementary and secondary instructional units for ALF purposes determined under paragraphs 1 and 2 for that portion of the board.

4. Multiply the total number of instructional units for ALF purposes for each portion of the board determined under paragraph 3 by the assimilation factor for that portion of the board.

5. For each portion of the board, multiply the product determined under paragraph 4 by $63,496.

6. Total the amounts determined for each of the portions of the board under paragraph 5. O. Reg. 156/02, s. 27 (3); O. Reg. 348/02, s. 7 (1).

(4) For the purposes of subsections (5) and (6), the pupils of a board are counted on the basis of day school full-time equivalent enrolment for the board as of October 31, 2002. O. Reg. 156/02, s. 27 (4).

(5) The number of elementary instructional units for ALF purposes for a portion of the board is determined as follows:

1. Allow 0.005 elementary instructional units for ALF purposes for each of the first 200 elementary school pupils of the board who are enrolled in schools located in the portion.

2. Allow 0.0025 elementary instructional units for ALF purposes for each of the next 1,600 elementary school pupils of the board who are enrolled in schools located in the portion.

3. Allow 0.0013 elementary instructional units for ALF purposes for each of the remaining elementary school pupils of the board who are enrolled in schools located in the portion.

4. Total the instructional units allowed for ALF purposes for the portion of the board under paragraphs 1, 2 and 3. O. Reg. 156/02, s. 27 (5).

(6) The number of secondary instructional units for ALF purposes for a portion of the board is determined as follows:

1. Allow 0.0025 secondary instructional units for ALF purposes for each of the first 1,200 secondary school pupils of the board who are enrolled in schools located in the portion.

2. Allow 0.0013 secondary instructional units for ALF purposes for each of the remaining secondary school pupils of the board who are enrolled in schools located in the portion.

3. Total the instructional units allowed for ALF purposes for the portion of the board under paragraphs 1 and 2. O. Reg. 156/02, s. 27 (6).

(7) For the purposes of subsection (8), a pupil is eligible for PDF funding if,

(a) the pupil was admitted to a school of the board under section 293 of the Act;

(b) the pupil entered Canada during the period beginning September 1, 1999 and ending October 31, 2002 from a country in which French is a standard language of schooling or public administration; and

(i) the pupil speaks a variety of French that is sufficiently different from the French used as the language of instruction in schools of the board that it is appropriate to offer a PDF program to the pupil,

(ii) the pupil’s schooling has been interrupted or delayed, or

(iii) the pupil has little knowledge of English or French. O. Reg. 156/02, s. 27 (7).

(8) The PDF funding level for the board is the amount determined by multiplying $2,751 by the sum of the amounts determined under the following paragraphs:

1. The number of pupils of the board, as of October 31, 2002, who are eligible for PDF funding and who entered Canada during the period beginning September 1, 2001 and ending October 31, 2002 from a country described in clause (7) (b), excluding pupils who are at least 21 years of age on December 31, 2002.

2. Multiply 0.6 by the number of pupils of the board, as of October 31, 2002, who are eligible for PDF funding and who entered Canada during the period beginning September 1, 2000 and ending August 31, 2001 from a country described in clause (7) (b), excluding pupils who are at least 21 years of age on December 31, 2002.

3. Multiply 0.3 by the number of pupils of the board, as of October 31, 2002, who are eligible for PDF funding and who entered Canada during the period beginning September 1, 1999 and ending August 31, 2000 from a country described in clause (7) (b), excluding pupils who are at least 21 years of age on December 31, 2002. O. Reg. 156/02, s. 27 (8); O. Reg. 348/02, s. 7 (2).

Small schools allocation

28. (1) In this section,

“small elementary school” means,

(a) in relation to an English-language district school board, an elementary school that has an average of less than 20 pupils per grade and that is located at least eight kilometres by road from every other elementary school of the board, and

(b) in relation to a French-language district school board, an elementary school that has an average of less than 20 pupils per grade and is located at least eight kilometres by road from every other elementary school of the board that is located in the same portion of the board’s area of jurisdiction; (“petite école élémentaire”)

“small school” means a small elementary school or a small secondary school; (“petite école”)

“small secondary school” means,

(a) in relation to an English-language district school board, a secondary school that has an average of less than 120 pupils per grade and is located at least 32 kilometres by road from every other secondary school of the board, and

(b) in relation to a French-language district school board, a secondary school that has an average of less than 120 pupils per grade and is located at least 32 kilometres by road from every other secondary school of the board that is located in the same portion of the board’s area of jurisdiction. (“petite école secondaire”) O. Reg. 156/02, s. 28 (1).

(2) The following rules apply for the purposes of this section:

1. A board is coterminous with another board if the areas of jurisdiction of the two boards are wholly or partly the same.

3. The area of jurisdiction of a French-language separate district school board is divided into portions matching the areas of jurisdiction of the coterminous English-language Roman Catholic boards.

5. Junior kindergarten, kindergarten and grades one to eight are elementary grades.

6. Grades nine to twelve and OAC are secondary grades.

7. Except as provided in paragraph 9, a school that offers instruction in one or more of the elementary grades is treated as an elementary school.

8. Except as provided in paragraph 9, a school that offers instruction in one or more of the secondary grades is treated as a secondary school.

9. If a school offers instruction in one or more of the elementary grades and in one or more of the secondary grades, the school is treated as two distinct schools, namely, one elementary school offering instruction in the relevant elementary grades and one secondary school offering instruction in the relevant secondary grades.

10. For the purposes of this section, the average number of pupils per grade of an elementary school is calculated as follows:

i. Determine the day school full-time equivalent enrolment for the board as of October 31, 2002, counting only the pupils enrolled in the school. For the purposes of this paragraph, a pupil who would be a pupil of a board were it not for subsection 2 (5) is deemed to be a pupil of the board.

ii. Determine the number of grades in which instruction is given in the school, counting junior kindergarten and kindergarten as 0.5 grades each.

iii. Divide the number determined under subparagraph i by the number determined under subparagraph ii.

11. The average number of pupils per grade of a secondary school is calculated as follows:

ii. Divide the number determined under subparagraph i by the number of grades in which instruction is provided in the school.

12. If two or more elementary schools of an English-language district school board are all located within eight kilometres of each other by road, their combined average number of pupils per grade is less than 20 pupils per grade and one or more of the schools in the group is located eight or more kilometres by road from every elementary school of the board that is not in the group,

i. the group of two or more schools is deemed to be one small school for the purposes of this section, and

ii. each of the two or more schools in the group is deemed not to be a small school for the purposes of this section.

13. If two or more elementary schools of a French-language district school board are all located in the same portion of the board’s area of jurisdiction, are all within eight kilometres of each other by road, their combined average number of pupils per grade is less than 20 pupils per grade and one or more of the schools in the group is located eight or more kilometres by road from every elementary school of the board that is not in the group but is in the same portion of the board’s area of jurisdiction,

i. the group of two or more schools is deemed to be one small school for the purposes of this section, and

ii. each of the two or more schools in the group is deemed not to be a small school for the purposes of this section.

14. The combined average number of pupils per grade of a group of two or more elementary schools is calculated as follows:

i. Determine the day school full-time equivalent enrolment for the board as of October 31, 2002, counting only the pupils enrolled in the schools in the group. For the purposes of this paragraph, a pupil who would be a pupil of a board were it not for subsection 2 (5) is deemed to be a pupil of the board.

ii. Determine the number of grades in which instruction is given in one or more of the schools in the group, counting junior kindergarten and kindergarten as 0.5 grades each.

iii. Divide the number determined under subparagraph i by the number determined under subparagraph ii. O. Reg. 156/02, s. 28 (2).

(3) The amount of the small school allocation for a district school board for the fiscal year is determined as follows:

1. For each small elementary school of the board,

i. determine the school size factor, in accordance with subsection (4),

ii. determine the remoteness factor, in accordance with subsection (5), and

iii. determine the day school full-time equivalent enrolment for the board as of October 31, 2002, counting only the pupils of the board enrolled in the school.

2. For each small elementary school of the board, multiply the school size factor by the remoteness factor. Multiply the product by the enrolment determined for the school under subparagraph 1 iii.

3. For each small elementary school of the board, multiply the product obtained under paragraph 2 by $6,251.

4. Total the amounts determined for each of the small elementary schools of the board under paragraph 3.

5. For each small secondary school of the board,

i. determine the school size factor, in accordance with subsection (7),

ii. determine the remoteness factor, in accordance with subsection (8), and

iii. determine the day school full-time equivalent enrolment for the board as of October 31, 2002, counting only pupils of the board enrolled in the school. For the purposes of this subparagraph, pupils enrolled in the school who would be pupils of the board were it not for subsection 2 (4) are deemed to be pupils of the board.

6. For each small secondary school of the board, multiply the school size factor by the remoteness factor. Multiply the product by the enrolment number determined for the school under subparagraph 5 iii.

7. For each small secondary school of the board, multiply the product obtained under paragraph 6 by $7,612.

8. Total the amounts determined for each of the small secondary schools of the board under paragraph 7.

9. Total the totals determined under paragraphs 4 and 8.

10. Add the elementary school principals amount determined under subsection (9) to the amount determined under paragraph 9.

11. Add the secondary school principals amount determined under subsection (11) to the amount determined under paragraph 10. O. Reg. 156/02, s. 28 (3); O. Reg. 348/02, s. 8 (1, 2).

(4) The school size factor for a small elementary school is determined as follows:

1. For a school with an average number of pupils per grade that is less than two, the school size factor is 1.

2. For a school with an average number of pupils per grade that is two or more but not more than 10, the school size factor is determined on a sliding scale as follows:

i. Divide 10 by the average number of pupils per grade.

ii. Multiply the result obtained under subparagraph i by 0.2.

3. For a school with an average number of pupils per grade that is more than 10 but less than 20, the school size factor is determined on a sliding scale as follows:

i. Subtract 10 from the average number of pupils per grade.

ii. Divide the result obtained under subparagraph i by 10.

iii. Subtract the result obtained under subparagraph ii from one.

iv. Multiply the result obtained under subparagraph iii by 0.2. O. Reg. 156/02, s. 28 (4).

(5) The remoteness factor for a small elementary school is determined as follows:

1. For a school of an English-language district school board located 80 kilometres or more by road from all other elementary schools of the board, the remoteness factor is 1.5.

2. For a school of an English-language district school board located more than 32 kilometres by road but less than 80 kilometres by road from all other elementary schools of the board, the remoteness factor is 1.25.

3. For all other schools of an English-language district school board, the remoteness factor is 1.0.

4. For a school of a French-language district school board located 80 kilometres or more by road from all other elementary schools of the board that are located in the same portion of the board’s area of jurisdiction, the remoteness factor is 1.5.

5. For a school of a French-language district school board located more than 32 kilometres by road but less than 80 kilometres by road from all other elementary schools of the board that are located in the same portion of the board’s area of jurisdiction, the remoteness factor is 1.25.

6. For all other schools of a French-language district school board, the remoteness factor is 1.0. O. Reg. 156/02, s. 28 (5).

(6) The following rules apply for the purposes of subsection (5) if a group of two or more schools of a board is deemed to be one small school for the purposes of this section:

1. In the case of elementary schools of an English-language district school board, if one or more of the schools in the group is located 80 kilometres or more by road from every elementary school of the board that is not in the group, the small school is deemed to be located 80 kilometres or more by road from all other elementary schools of the board.

2. Except if paragraph 1 applies, in the case of elementary schools of an English-language district school board, if one or more of the schools in the group is located more than 32 kilometres by road from every elementary school of the board that is not in the group, the small school is deemed to be located more than 32 kilometres by road but less than 80 kilometres by road from all other elementary schools of the board.

3. In the case of elementary schools of a French-language district school board, if one or more of the schools in the group is located 80 kilometres or more by road from every elementary school of the board that is not in the group but that is located in the same portion of the board’s area of jurisdiction, the small school is deemed to be located 80 kilometres or more by road from all other elementary schools of the board.

4. Except if paragraph 3 applies, in the case of elementary schools of a French-language district school board, if one or more of the schools in the group is located more than 32 kilometres by road from every elementary school of the board that is not in the group but that is located in the same portion of the board’s area of jurisdiction, the small school is deemed to be located more than 32 kilometres by road but less than 80 kilometres by road from all other elementary schools of the board. O. Reg. 156/02, s. 28 (6).

(7) The school size factor for a small secondary school is determined as follows:

1. For a school with an average number of pupils per grade of less than 20, the school size factor is 0.45.

2. For a school with an average number of pupils per grade of 20 or more but not more than 60, the school size factor is determined on a sliding scale as follows:

i. Divide 60 by the average number of pupils per grade.

ii. Multiply the result obtained under subparagraph i by 0.15.

3. For a school with an average number of pupils per grade of more than 60 but less than 120, the school size factor is determined on a sliding scale as follows:

i. Subtract 60 from the average number of pupils per grade.

ii. Divide the result obtained under subparagraph i by 60.

iii. Subtract the result obtained under subparagraph ii from one.

iv. Multiply the result obtained under subparagraph iii by 0.15. O. Reg. 156/02, s. 28 (7).

(8) The remoteness factor for a small secondary school is determined as follows:

1. For a school of an English-language district school board that has an average number of pupils per grade of less than 20 and that is located 80 kilometres or more by road from all other secondary schools of the board, the remoteness factor is 2.0.

2. For a school of an English-language district school board that has an average number of pupils per grade of 20 or more but less than 120, and that is located 80 kilometres or more by road from all other secondary schools of the board, the remoteness factor is determined as follows:

i. Add 20 to the average number of pupils per grade.

ii. Divide 40 by the sum obtained under subparagraph i.

iii. Add one to the result obtained under subparagraph ii.

3. For all other small secondary schools of an English-language district school board, the remoteness factor is 1.0.

4. For a school of a French-language district school board that has an average number of pupils per grade of less than 20 and that is located 80 kilometres or more by road from all other secondary schools of the board that are located in the same portion of the board’s area of jurisdiction, the remoteness factor is 2.0.

5. For a school of a French-language district school board that has an average number of pupils per grade of 20 or more but less than 120, and that is located 80 kilometres or more by road from all other secondary schools of the board that are located in the same portion of the board’s area of jurisdiction, the remoteness factor is determined as follows:

i. Add 20 to the average number of pupils per grade.

ii. Divide 40 by the sum obtained under subparagraph i.

iii. Add one to the result obtained under subparagraph ii.

6. For all other small secondary schools of a French-language district school board, the remoteness factor is 1.0. O. Reg. 156/02, s. 28 (8).

(9) The elementary school principals amount is determined as follows:

1. Take the 2002-2003 day school average daily enrolment of elementary school pupils of the board.

2. Multiply the number determined under paragraph 1 by $251.

3. Divide the number determined under paragraph 2 by the product of $81,675 and 1.12.

4. Divide the number determined under paragraph 3 by the number of elementary schools of the board.

5. If the number determined under paragraph 4 is equal to or greater than 0.69, the elementary school principals amount is zero.

6. If the number determined under paragraph 4 is less than 0.69, the elementary school principals amount is the number determined as follows:

i. Subtract the number determined under paragraph 4 from 0.69.

ii. Multiply the number determined under subparagraph i by the product of $81,675 and 1.12.

iii. Multiply the number determined under subparagraph ii by the number of elementary schools of the board. O. Reg. 156/02, s. 28 (9); O. Reg. 348/02, s. 8 (3); O. Reg. 134/03, s. 3 (1, 2).

(10) For the purposes of subsection (9), a school is an elementary school if,

(a) it has been identified by the board as an elementary school in accordance with the Ministry publication entitled “Data Collection Instruction Guide for the School Facilities Inventory Database”, dated January, 1998; and

(b) pupils were enrolled in day school programs in the school in the 2002-2003 school year. O. Reg. 156/02, s. 28 (10).

(11) The secondary school principals amount is determined as follows:

1. Take the 2002-2003 day school average daily enrolment of secondary school pupils of the board.

2. Multiply the number determined under paragraph 1 by $110.

3. Divide the number determined under paragraph 2 by the product of $89,073 and 1.12.

4. Divide the number determined under paragraph 3 by the number of secondary schools of the board.

5. If the number determined under paragraph 4 is equal to or greater than 0.4, the secondary school principals amount is zero.

6. If the number determined under paragraph 4 is less than 0.4, the secondary school principals amount is the number determined as follows:

i. Subtract the number determined under paragraph 4 from 0.4.

ii. Multiply the number determined under subparagraph i by the product of $89,073 and 1.12.

iii. Multiply the number determined under subparagraph ii by the number of secondary schools of the board. O. Reg. 156/02, s. 28 (11); O. Reg. 348/02, s. 8 (4); O. Reg. 134/03, s. 3 (3, 4).

(12) For the purposes of subsection (11), a school is a secondary school if,

(a) it has been identified by the board as a secondary school in accordance with the Ministry publication entitled “Data Collection Instruction Guide for the School Facilities Inventory Database”, dated January, 1998; and

(b) pupils were enrolled in day school programs in the school in the 2002-2003 school year. O. Reg. 156/02, s. 28 (12).

Remote and rural allocation

29. (1) The amount of the remote and rural allocation for a district school board for the fiscal year is the total of the board’s small board amount, the board’s distance amount and the board’s dispersion amount. O. Reg. 156/02, s. 29 (1).

(2) The board’s small board amount is the amount, if any, determined under the following paragraph that applies to the board:

1. If the 2002-2003 day school average daily enrolment of pupils of the board is less than 4,000,

i. multiply the 2002-2003 day school average daily enrolment of pupils of the board by $0.0159,

ii. subtract the amount determined under subparagraph i from $292, and

iii. multiply the amount determined under subparagraph ii by the 2002-2003 day school average daily enrolment of pupils of the board.

2. If the 2002-2003 day school average daily enrolment of pupils of the board is at least 4,000 but less than 8,000,

i. subtract 4,000 from the 2002-2003 day school average daily enrolment of pupils of the board,

ii. multiply the number determined under subparagraph i by $0.0180,

iii. subtract the amount determined under subparagraph ii from $228.50, and

iv. multiply the amount determined under subparagraph iii by the 2002-2003 day school average daily enrolment of pupils of the board.

3. If the 2002-2003 day school average daily enrolment of pupils of the board is 8,000 or more,

i. subtract 8,000 from the 2002-2003 day school average daily enrolment of pupils of the board,

ii. multiply the number determined under subparagraph i by $0.0197,

iii. subtract the amount determined under subparagraph ii from $156.00,

iv. if the amount determined under subparagraph iii is greater than zero, multiply the amount determined under subparagraph iii by the 2002-2003 day school average daily enrolment of pupils of the board, and

v. if the amount determined under subparagraph iii is not greater than zero, the board’s small board amount is zero. O. Reg. 156/02, s. 29 (2); O. Reg. 348/02, s. 9 (1-6).

(3) The board’s distance amount is,

(a) the product of the 2002-2003 day school average daily enrolment of pupils of the board multiplied by the board’s distance factor per pupil, if the board is an English-language district school board; or

(b) the product of the 2002-2003 day school average daily enrolment of pupils of the board multiplied by the greater of the board’s distance factor per pupil or $163, if the board is a French-language district school board. O. Reg. 156/02, s. 29 (3); O. Reg. 348/02, s. 9 (7).

(4) The board’s distance factor per pupil is the amount determined by multiplying the urban factor specified for the board in Column 3 of Table 4 by the amount determined under the following paragraph that applies to the board:

1. If the distance specified for the board in Column 2 of Table 4 is less than 151 kilometres, the amount is zero.

2. If the distance specified for the board in Column 2 of Table 4 is equal to or greater than 151 kilometres but less than 650 kilometres, the amount is determined using the formula:

(A − 150) × $0.974

in which “A” is the distance specified for the board in Column 2 of Table 4.

3. If the distance specified for the board in Column 2 of Table 4 is equal to or greater than 650 kilometres but less than 1,150 kilometres, the amount is determined using the formula:

[(A − 650) × $0.135] + $490

in which “A” is the distance specified for the board in Column 2 of Table 4.

4. If the distance specified for the board in Column 2 of Table 4 is equal to or greater than 1,150 kilometres, the amount is $555. O. Reg. 156/02, s. 29 (4).

(5) The board’s dispersion amount is the amount specified for the board in Column 4 of Table 4. O. Reg. 156/02, s. 29 (5).

Learning opportunities allocation

30. (1) The amount of the learning opportunities allocation for a district school board for the fiscal year is the total of the amounts set out or determined under the following paragraphs:

1. The amount set out in Column 2 of Table 5 opposite the name of the board.

2. The board’s early learning assistance amount for the fiscal year which is the amount determined by multiplying $118 by the 2002-2003 day school average daily enrolment of elementary school pupils of the board, counting only pupils enrolled in junior kindergarten, kindergarten and grades one to three.

3. The board’s literacy and numeracy assistance amount for the fiscal year.

4. $138,900. O. Reg. 156/02, s. 30 (1); O. Reg. 348/02, s. 10 (1); O. Reg. 132/03, s. 1.

(2) The board’s literacy and numeracy assistance amount for the fiscal year is determined as follows:

1. Determine the summer school average daily enrolment for the board for the fiscal year in accordance with section 4 of the 2002-2003 A.D.E. regulation, counting only pupils of the board enrolled in classes or courses described in subclauses (c) (iii) and (iv) of the definition of “summer school class or course” in subsection 4 (1) of that regulation.

2. Determine the continuing education average daily enrolment for the board for the fiscal year in accordance with section 3 of the 2002-2003 A.D.E. regulation, counting only pupils of the board enrolled in classes or courses described in paragraphs 5, 6 and 7 of subsection 3 (2) of that regulation.

3. Add the numbers determined under paragraphs 1 and 2.

4. Multiply the number determined under paragraph 3 by $4,980.

5. Add the amount of the board’s transportation costs related to literacy and numeracy instruction for the fiscal year. O. Reg. 156/02, s. 30 (2); O. Reg. 348/02, s. 10 (2).

(3) The amount of the board’s transportation costs related to literacy and numeracy instruction for the fiscal year is determined as follows:

1. Take the amount of the board’s transportation allocation for the fiscal year.

2. Deduct the amount approved for the board under paragraph 6 of section 34.

3. Divide the result obtained under paragraph 2 by the 2002-2003 day school average daily enrolment of pupils of the board.

4. Multiply the result obtained under paragraph 3 by the enrolment amount determined under paragraph 1 of subsection (2).

5. Multiply the result obtained under paragraph 4 by 3.0. O. Reg. 156/02, s. 30 (3).

Continuing education and other programs allocation

31. (1) The amount of the continuing education and other programs allocation for a district school board for the fiscal year is determined as follows:

1. Determine the 2002-2003 day school average daily enrolment for the board, for the fiscal year, in accordance with section 2 of the 2002-2003 A.D.E. regulation, counting only pupils of the board who are at least 21 years of age on December 31, 2002.

2. Determine the continuing education average daily enrolment for the board for the fiscal year, in accordance with section 3 of the 2002-2003 A.D.E. regulation, counting only pupils enrolled in classes or courses described in paragraphs 1, 2, 3, 4, 8 and 9 of subsection 3 (2) of that regulation and excluding,

i. pupils to whom subsection 49 (6) of the Act applies, and

ii. pupils in respect of whom the board charges a fee under subsection 8 (2) of the 2002-2003 fees regulation.

3. Determine the summer school average daily enrolment for the board for the fiscal year, in accordance with section 4 of the 2002-2003 A.D.E. regulation, counting only pupils enrolled in classes or courses described in subclause (c) (i), (ii), (v) or (vi) of the definition of “summer school class or course” in subsection 4 (1) of that regulation, excluding pupils to whom subsection 49 (6) of the Act applies and pupils in respect of whom the board charges a fee under subsection 8 (3) of the 2002-2003 fees regulation.

4. Add the numbers determined under paragraphs 1, 2 and 3.

5. Multiply the total determined under paragraph 4 by $2,358.

6. Determine the amount for international languages for the board.

7. Total the amounts determined under paragraphs 5 and 6. O. Reg. 156/02, s. 31 (1); O. Reg. 348/02, s. 11.

(2) Subsections (3) and (4) apply if a board establishes classes to provide instruction in a language other than English or French and the classes are approved by the Minister as part of an international languages elementary school program. O. Reg. 156/02, s. 31 (2).

(3) Except as provided in subsection (4), the amount for international languages for the board is the number of hours of instruction provided by the board in classes described in subsection (2), multiplied by $41. O. Reg. 156/02, s. 31 (3).

(4) If the quotient obtained by dividing the number of elementary school pupils enrolled in classes described in subsection (2) that have been established by the board by the number of those classes is less than 25, the $41 per hour rate specified in subsection (3) is reduced by the product of $1 and the difference between the quotient and 25. O. Reg. 156/02, s. 31 (4).

Teacher qualification and experience allocation

32. (1) In this section,

“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”)

“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 an occasional teacher. (“enseignant”) O. Reg. 156/02, s. 32 (1).

(2) In this section, a cell of Table 6 is referred to by its qualification category co-ordinate followed by the number co-ordinate representing full years of teaching experience. O. Reg. 156/02, s. 32 (2).

(3) For example, cell C-1 of Table 6 contains the number 0.6127 and cell A1/Group 1-3 contains the number 0.7416. O. Reg. 156/02, s. 32 (3).

(4) For the purposes of this section, the number of teachers employed by a board is the full-time equivalent number of persons employed by the board as of October 31, 2002 to teach. O. Reg. 156/02, s. 32 (4).

(5) For the purposes of subsection (4), the counting practices usually followed by the board for staffing purposes must be followed, 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, 2002 is not counted for the purposes of this section, unless the teacher satisfies the conditions described in subsection (6).

2. The provision of library instruction or guidance to pupils is considered the provision of instruction to pupils for the purposes of paragraphs 1, 3 and 4.

3. If a teacher is assigned in a regular timetable that is in effect as of October 31, 2002 to spend part of his or her time providing instruction to pupils of the board and is also assigned, as of that date, under section 17 of Regulation 298 of the Revised Regulations of Ontario, 1990, to spend part of his or her time acting as a consultant, co-ordinator or supervisor, the full-time equivalency for the teacher is determined as follows:

i. Determine the average number of hours per day in the cycle that includes October 31, 2002 for which the teacher is regularly scheduled, in accordance with the timetable, to provide instruction to pupils of the board or to prepare for such instruction. For the purposes of this subparagraph, a count of hours is accurate to one decimal place.

ii. Divide the total determined under subparagraph i by five.

4. If a principal or vice-principal is assigned in a regular timetable that is in effect as of October 31, 2002 to spend part of his or her time providing instruction to pupils of the board, the principal or vice-principal is counted as a teacher for the purposes of this section and his or her full-time equivalency as a teacher is determined as follows:

i. Determine the average number of hours per day in the cycle that includes October 31, 2002 for which the principal or vice-principal is regularly scheduled, in accordance with the timetable, to provide instruction to pupils of the board. For the purposes of this subsection, a count of hours is accurate to one decimal place.

ii. Divide the number determined under subparagraph i by five.

5. An occasional teacher who is assigned to provide instruction to pupils of the board in a regular timetable in effect on October 31, 2002 is not counted if the teacher the occasional teacher replaces is included in determining the number of teachers employed by the board under subsection (4) and the board can reasonably expect the teacher to resume instructional duties with the board in the fiscal year. O. Reg. 156/02, s. 32 (5).

(6) For the purposes of paragraph 1 of subsection (5), a teacher is counted for the purposes of this section if he or she is on a leave of absence with pay on October 31, 2002 and the board is not reimbursed for the teacher’s pay during the leave of absence. O. Reg. 156/02, s. 32 (6).

(7) The number of full years of teaching experience of a teacher is deemed to be the teacher’s number of years of teaching experience before the first day of the 2002-2003 school year, rounded to the nearest whole number if the teacher’s number of years of teaching 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. O. Reg. 156/02, s. 32 (7).

(8) If the number of full years of teaching experience of a teacher exceeds 10, the number of full years of teaching experience of the teacher is deemed to be 10. O. Reg. 156/02, s. 32 (8).

(9) The number of full years of teaching experience of a principal or vice-principal is deemed to be 10. O. Reg. 156/02, s. 32 (9).

(10) The following rules apply, as of October 31, 2002, to determine the qualification category of a teacher:

1. If a board uses an AEFO certification system for salary purposes in relation to a teacher employed by it, that AEFO certification system is used for that teacher for the purposes of this section.

2. If a board uses a QECO categories system for salary purposes in relation to a teacher employed by it, that QECO categories system is used for that teacher for the purposes of this section.

3. If a board uses an OSSTF certification system for salary purposes in relation to a teacher employed by it, that OSSTF certification system is used for that teacher for the purposes of this section.

4. Subject to paragraph 6, if a board does not use a QECO categories system for salary purposes in relation to an elementary school teacher employed by it, the classification system used by the board for elementary school teachers in filling out the 2002 Data Form A submitted to the Office of Collective Bargaining Information of the Ministry of Labour is used for that teacher for the purposes of this section.

5. Subject to paragraph 6, if a board does not use an AEFO certification system, a QECO categories system or an OSSTF certification system for salary purposes in relation to a secondary school teacher employed by it, the classification system used by the board for secondary school teachers in filling out the 2002 Data Form A submitted to the Office of Collective Bargaining Information of the Ministry of Labour is used for that teacher for the purposes of this section.

6. In the circumstances described in paragraph 4 or 5, the board may elect, by written notice to the Minister, to use the AEFO certification system, the QECO categories system referred to by QECO as QECO Programme Level 4 or the 1992 OSSTF certification system, instead of the classification system required under paragraph 4 or 5.

7. The qualification category of a principal or vice-principal is deemed to be A4/Group 4.

8. If the qualification category of a person is changed after October 31, 2002 and the change for salary purposes is retroactive to a day in the period between the first day of the 2002-2003 school year and October 31, 2002, the changed qualification category must be used for the purposes of this section. O. Reg. 156/02, s. 32 (10).

(11) The amount of the teacher qualification and experience allocation for a district school board is the total of the elementary school teacher qualification and experience allocation and the secondary school teacher qualification and experience allocation. O. Reg. 156/02, s. 32 (11).

(12) The amount of the elementary school teacher qualification and experience allocation for a district school board is determined as follows:

1. For each cell in Table 6, determine the number of teachers employed by the board to provide instruction to elementary school pupils who have the qualification category and the number of full years of teaching experience that correspond with the co-ordinates of the cell. For example, a teacher with a qualification category of D and 0.7 years of teaching experience is counted for the purposes of cell D-1 and a teacher with a qualification category of A2 or Group 2 and 3.2 years of teaching experience is counted for the purposes of cell A2/Group 2-3.

2. For each cell in Table 6, multiply the number of teachers employed by the board to provide instruction to elementary school pupils who are counted for the purposes of the cell by the number set out in that cell in Table 6.

3. Add all the products obtained under paragraph 2 for the board.

4. Divide the sum determined under paragraph 3 by the total number of teachers employed by the board to provide instruction to elementary school pupils.

5. Subtract one from the number obtained under paragraph 4.

6. Multiply the result obtained under paragraph 5 by $2,728.

7. Multiply the amount determined under paragraph 6 by the 2002-2003 day school average daily enrolment of elementary school pupils of the board. O. Reg. 156/02, s. 32 (12); O. Reg. 348/02, s. 12 (1).

(13) The amount of the secondary school teacher qualification and experience allocation for a district school board is determined as follows:

1. For each cell in Table 6, determine the number of teachers employed by the board to provide instruction to secondary school pupils who have the qualification category and the number of full years of teaching experience that correspond with the co-ordinates of the cell. For example, a teacher with a qualification category of D and 0.7 years of teaching experience is counted for the purposes of cell D-1 and a teacher with a qualification category of A2 or Group 2 and 3.2 years of teaching experience is counted for the purposes of cell A2/Group 2-3.

2. For each cell in Table 6, multiply the number of teachers employed by the board to provide instruction to secondary school pupils who are counted for the purposes of the cell by the number set out in that cell in Table 6.

3. Add all the products obtained under paragraph 2 for the board.

4. Divide the sum determined under paragraph 3 by the total number of teachers employed by the board to provide instruction to secondary school pupils.

5. Subtract one from the number obtained under paragraph 4.

6. Multiply the result obtained under paragraph 5 by $3,319.

7. Multiply the amount determined under paragraph 6 by the 2002-2003 day school average daily enrolment of secondary school pupils of the board.

8. Determine the special assistance amount, if any, for a high credit per pupil average, in accordance with subsection (14).

9. Add the amounts determined under paragraphs 7 and 8. O. Reg. 156/02, s. 32 (13); O. Reg. 348/02, s. 12 (2).

(14) The special assistance amount for a high credit per pupil average is determined as follows:

1. Determine the average number of credits per secondary school pupil of the board for the 2001-2002 school year.

2. If the number determined under paragraph 1 is 7.5 or less but more than 7.2, deduct 7.2 from the number determined under paragraph 1.

3. If the number determined under paragraph 1 is more than 7.5, deduct 7.2 from 7.5.

4. Divide the number obtained under paragraph 2 or 3, as the case may be, by 7.2.

5. Multiply the number obtained under paragraph 4 by $3,101.

6. Multiply the amount obtained under paragraph 5 by the 2002-2003 day school average daily enrolment of secondary school pupils of the board. O. Reg. 156/02, s. 32 (14); O. Reg. 348/02, s. 12 (3).

Early learning allocation

33. (1) The amount of the early learning allocation for a district school board for the fiscal year is determined in accordance with this section. O. Reg. 156/02, s. 33 (1).

(2) If a board does not provide instruction in junior kindergarten in any of its schools in September of 2002, the amount of the early learning allocation for the board is determined as follows:

2. Multiply the number determined under paragraph 1 by $701. O. Reg. 156/02, s. 33 (2); O. Reg. 224/02, s. 1 (1); O. Reg. 348/02, s. 13 (1).

(3) If a board provides instruction in junior kindergarten in one or more of its schools in September of 2002, the amount of the early learning allocation for the board is determined as follows:

1. Determine the day school average daily enrolment for the board, as determined under section 2 of the 2002-2003 A.D.E. regulation, counting only pupils of the board enrolled in any of kindergarten and grades one to three. For the purpose of determining the day school average daily enrolment for the board under this paragraph, a pupil enrolled in kindergarten as part of a combined kindergarten program is deemed to be a half-time pupil.

2. Multiply the number determined under paragraph 1 by $701.

3. Determine the 2002-2003 allocation per elementary school pupil of the board, in accordance with subsection (4).

4. Multiply the amount determined under paragraph 3 by the day school average daily enrolment for the board, as determined under section 2 of the 2002-2003 A.D.E. regulation, counting only pupils of the board enrolled in junior kindergarten. For the purpose of determining the day school average daily enrolment for the board under this paragraph, a pupil enrolled in junior kindergarten as part of a combined kindergarten program is deemed to be a half-time pupil.

5. Add the amount for program ISA in junior kindergarten classes to the product determined under paragraph 4.

6. Deduct the amount determined under paragraph 5 from the amount determined under paragraph 2. O. Reg. 156/02, s. 33 (3); O. Reg. 224/02, s. 1 (2); O. Reg. 348/02, s. 13 (2).

(4) The 2002-2003 allocation per elementary school pupil of the board is determined as follows:

1. Total the following amounts:

i. The board’s remote and rural allocation for the fiscal year.

ii. The amount set out in Column 2 of Table 5 opposite the name of the board.

iii. The board’s transportation allocation for the fiscal year.

iv. The board’s administration and governance allocation for the fiscal year.

2. Divide the total obtained under paragraph 1 by the 2002-2003 day school average daily enrolment of pupils of the board.

3. Determine the part of the equipment ISA determined for the board for the fiscal year that is generated by elementary school pupils of the board.

4. Add the sum of the amount determined under paragraph 4 of subsection 28 (3) for the board for the fiscal year and the board’s elementary school principals amount determined under section 28.

5. In the case of an English-language district school board, determine an amount on account of the language allocation for elementary school pupils by adding the sum of the amounts determined under paragraphs 3 and 4 of subsection 22 (2) to the part of the ESL/ESD amount for the board for the fiscal year that is generated by elementary school pupils of the board.

6. In the case of a French-language district school board, determine an amount on account of the language allocation for elementary school pupils, as follows:

i. Total the amounts determined for the board under paragraphs 1 and 3 of section 26.

ii. Divide the ALF funding level for the board for the fiscal year, as determined under section 27, by the total number of elementary and secondary instructional units for ALF purposes for the board for the fiscal year. Multiply the result by the total number of elementary instructional units for ALF purposes for the board for the fiscal year.

iii. Calculate the part of the PDF funding level for the board for the fiscal year that is generated by elementary school pupils of the board.

iv. Total the amount taken under subparagraph i, the product obtained under subparagraph ii and the amount calculated under subparagraph iii.

7. Take the amount of the elementary school teacher qualification and experience allocation for the board for the fiscal year.

8. Determine an amount in relation to elementary school operations as follows:

i. Multiply $57.59 by the adjusted elementary school area requirement for the board, in metres squared, as determined under section 36.

ii. Add the sum determined under paragraph 16 of subsection 36 (3).

9. Total the amounts taken or determined for the board under paragraphs 3 to 8.

10. Divide the total obtained under paragraph 9 by the 2002-2003 day school average daily enrolment of elementary school pupils of the board.

11. Total the following amounts:

i. $3,778, on account of the foundation allocation.

ii. $118, on account of the early learning assistance amount.

iii. $528, on account of the enrolment-based special education amount for junior kindergarten to grade three.

iv. The amount obtained under paragraph 2.

v. The amount obtained under paragraph 10. O. Reg. 156/02, s. 33 (4); O. Reg. 224/02, s. 1 (3); O. Reg. 348/02, s. 13 (3-6).

(5) The amount for program ISA in junior kindergarten classes is determined as follows:

1. Calculate the part of the program ISA for the board for the fiscal year, as determined by reference to the estimates submitted by the board under clause 231 (11) (c) of the Act for the 2001-2002 fiscal year, that is generated by elementary school pupils.

2. Divide the amount determined under paragraph 1 by the 2002-2003 day school average daily enrolment of elementary school pupils of the board.

3. Multiply the amount determined under paragraph 2 by the day school average daily enrolment for the board, as determined under section 2 of Ontario Regulation 152/01, counting only pupils of the board enrolled in junior kindergarten and, to the extent that any of those pupils are in a combined kindergarten program, counting each of those pupils as a half-time pupil. O. Reg. 156/02, s. 33 (5).

Transportation allocation

34. The amount of the transportation allocation for a district school board for the fiscal year is determined as follows:

1. Find the sum of the amount determined for the board under paragraph 8 of section 34 of Ontario Regulation 154/01 and the amount of the transportation supplement paid to the board under Ontario Regulation 485/01.

1.1 In the case of the Algonquin and Lakeshore Catholic District School Board, add $29,000 to the sum determined under paragraph 1.

2. Determine the 2002-2003 day school average daily enrolment of pupils of the district school board.

3. Take the 2001-2002 day school average daily enrolment of pupils of the board, within the meaning of Ontario Regulation 154/01.

4. Divide the number obtained under paragraph 2 by the number obtained under paragraph 3.

5. Multiply the amount determined under paragraph 4 by the sum determined for the board under,

i. paragraph 1.1 in the case of the Algonquin and Lakeshore Catholic District School Board, or

ii. paragraph 1 in the case of any other district school board.

6. Add the amount determined under paragraph 5 to the amount of the board’s expenditure in the fiscal year that is approved by the Minister in respect of transportation to and from the Ontario School for the Blind, an Ontario School for the Deaf or a demonstration school established by or operated under an agreement with the Minister for pupils with severe communicational exceptionalities.

7. Add the amount determined under paragraph 6 to the amount shown in Column 2 of Table 6.1 opposite the name of the board in Column 1 of Table 6.1. O. Reg. 156/02, s. 34; O. Reg. 348/02, s. 14; O. Reg. 134/03, s. 4.

Administration and governance allocation

35. (1) The amount of the administration and governance allocation for a district school board for the fiscal year is the total of the amounts listed in the following paragraphs:

1. The amount determined under subsection (2) for the board for board members’ honoraria and expenses and for expenses relating to pupil representation.

2. The amount determined under subsection (4) for the board for directors of education and supervisory officers.

3. The amount determined under subsection (5) for the board for administration costs.

4. The amount determined under subsection (6) for the board for multiple municipalities. O. Reg. 156/02, s. 35 (1).

(2) The amount for the board for board members’ honoraria and expenses and for expenses relating to pupil representation is determined as follows:

1. Multiply the number of members on the board by $5,000 to determine the amount of board members’ honoraria. For the purposes of this paragraph and paragraph 2, the number of members on the board is the sum of,

i. the number of members determined for the board under subclause 58.1 (2) (k) (i) of the Act, and

ii. the number of Native representatives determined for the board under subsection 188 (5) of the Act.

2. Multiply the number of members on the board by $5,000, to determine the amount of board members’ expenses.

3. Total the products obtained under paragraphs 1 and 2.

4. Add $10,000 to the amount determined under paragraph 3, for additional honoraria for the chair and vice-chair.

5. Add $5,000 to the amount determined under paragraph 4, for expenses relating to pupil representation. O. Reg. 156/02, s. 35 (2).

(3) For the purposes of subsection (4), pupils are counted on the basis of the 2002-2003 day school average daily enrolment of pupils of the board. O. Reg. 156/02, s. 35 (3).

(4) The amount for the board for directors of education and supervisory officers is determined as follows:

1. Allow $430,540 as a base amount.

2. Allow $11 per pupil for the first 10,000 pupils of the board.

3. Allow $16 per pupil for the next 10,000 pupils of the board.

4. Allow $22 per pupil for the remaining pupils of the board.

5. Total the amounts allowed under paragraphs 1 to 4.

6. Add 2 per cent of the amount of the board’s remote and rural allocation for the year.

7. Add 0.5 per cent of the amount set out in Column 2 of Table 5 opposite the name of the board.

8. Add 1 per cent of the amount calculated for the board for new pupil places under section 36. O. Reg. 156/02, s. 35 (4); O. Reg. 348/02, s. 15 (1, 2).

(5) The amount for the board for administration costs is determined as follows:

1. Allow $82,467 as a base amount.

2. Add the product of $179 and the 2002-2003 day school average daily enrolment of pupils of the board.

3. Add 11 per cent of the amount of the board’s remote and rural allocation for the year.

4. Add 0.5 per cent of the amount set out in Column 2 of Table 5 opposite the name of the board.

5. Add 1 per cent of the amount calculated for the board for new pupil places under section 36. O. Reg. 156/02, s. 35 (5); O. Reg. 348/02, s. 15 (3, 4).

(6) The amount, if any, for a board for multiple municipalities is the amount determined under the following rules:

1. If, on September 1, 2002, there are at least 30 but not more than 49 municipalities situated wholly or partly within the board’s area of jurisdiction, the amount is determined using the following formula:

(n − 29) × $500

in which “n” is the number of those municipalities.

2. If, on September 1, 2002, there are at least 50 but not more than 99 municipalities situated wholly or partly within the board’s area of jurisdiction, the amount is determined using the following formula:

$10,000 + [(n − 49) × $750]

in which “n” is the number of those municipalities.

3. If, on September 1, 2002, there are at least 100 municipalities situated wholly or partly within the board’s area of jurisdiction, the amount is determined using the following formula:

$47,500 + [(n − 99) × $1,000]

in which “n” is the number of those municipalities.

O. Reg. 156/02, s. 35 (6).

(7) For the purposes of subsection (6), a deemed district municipality is not counted as a municipality. O. Reg. 156/02, s. 35 (7).

Pupil accommodation allocation

36. (1) For the purposes of this section,

(a) a school of a board is an elementary school if it has been identified as such by the board in accordance with the Ministry publication entitled “Data Collection Instruction Guide for the School Facilities Inventory Database”, dated January 1998; and

(b) a school of a board is a secondary school if it has been identified as such by the board in accordance with the Ministry publication entitled “Data Collection Instruction Guide for the School Facilities Inventory Database”, dated January 1998. O. Reg. 156/02, s. 36 (1).

(2) The amount of the pupil accommodation allocation for a district school board for the fiscal year is the total of the amounts for the board for the year listed in the following paragraphs:

1. The amount for school operations.

2. The amount for school renewal.

3. The amount for new pupil places.

4. The amount for outstanding capital commitments. O. Reg. 156/02, s. 36 (2).

(3) The amount for the board for the fiscal year for school operations is determined as follows:

1. Determine the 2002-2003 day school average daily enrolment of elementary school pupils of the board.

2. Multiply the number determined under paragraph 1 by the benchmark area requirement per pupil of 9.29 metres squared to obtain the elementary school area requirement for the board.

3. Determine the adjusted elementary school area requirement for the board in metres squared by applying, to the amount determined under paragraph 2, the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5).

4. Determine the day school average daily enrolment for the board for the 2002-2003 fiscal year, in accordance with section 2 of the 2002-2003 day school A.D.E. regulation, counting only pupils who are at least 21 years of age on December 31, 2002.

5. Determine the continuing education average daily enrolment for the board for the 2002-2003 fiscal year, in accordance with section 3 of the 2002-2003 A.D.E. regulation, counting only pupils enrolled in a course for which the pupil may earn a credit and in which instruction is given between 8 a.m. and 5 p.m. and excluding,

i. pupils enrolled in a continuing education course delivered primarily through means other than classroom instruction,

ii. pupils to whom subsection 49 (6) of the Act applies, and

iii. pupils in respect of whom the board charges a fee under subsection 8 (2) of the 2002-2003 fees regulation.

6. Determine the summer school average daily enrolment for the board for the fiscal year, in accordance with section 4 of the 2002-2003 A.D.E. regulation, excluding,

i. pupils to whom subsection 49 (6) of the Act applies, and

ii. pupils in respect of whom the board charges a fee under subsection 8 (3) of the 2002-2003 fees regulation.

7. Add the numbers determined under paragraphs 4, 5 and 6.

8. Multiply the total determined under paragraph 7 by the benchmark area requirement per pupil of 9.29 metres squared, to obtain the continuing education and other programs area requirement for the board.

9. Determine the adjusted continuing education and other programs area requirement for the board in metres squared by applying, to the amount determined under paragraph 8, the supplementary continuing education and other programs area factor approved for the board by the Minister in accordance with subsection (6).

10. Determine the 2002-2003 day school average daily enrolment of secondary school pupils of the board.

11. Multiply the number determined under paragraph 10 by the benchmark area requirement per pupil of 12.07 metres squared to obtain the secondary school area requirement for the board.

12. Determine the adjusted secondary school area requirement for the board in metres squared by applying, to the amount determined under paragraph 11, the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8).

13. Obtain the adjusted total area requirement for the board in metres squared by adding the following amounts:

i. The adjusted elementary school area requirement for the board determined under paragraph 3.

ii. The adjusted continuing education and other programs area requirement for the board determined under paragraph 9.

iii. The adjusted secondary school area requirement for the board determined under paragraph 12.

14. Multiply the number obtained under paragraph 13 by the benchmark operating cost of $57.59 per metre squared.

15. For each elementary school of the board, calculate a top-up amount for school operations, as follows:

i. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school.

ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (44). However, the capacity of a school for which the number determined under subparagraph i is zero is deemed, for the purposes of this paragraph, to be zero.

iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 9.29 metres squared.

iv. Multiply the number determined under subparagraph iii by the benchmark operating cost of $57.59 per metre squared.

v. Multiply the number determined under subparagraph iv by the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5).

vi. If the school is not a school to which paragraph 12 or 13 of subsection 28 (2) applies, take the amount, if any, determined under paragraph 4 of subsection 28 (3) for the school.

vii. Multiply the amount taken under subparagraph vi by 0.25.

viii. If the school is a school to which paragraph 12 or 13 of subsection 28 (2) applies, take the amount determined under paragraph 4 of subsection 28 (3) for the group of schools of which the school is a part.

ix. Multiply the amount taken under subparagraph viii by the day school full-time equivalent enrolment for the board as of October 31, 2002, counting only the pupils of the board enrolled in the school.

x. Divide the product obtained under subparagraph ix by the day school full-time equivalent enrolment for the board as of October 31, 2002, counting only the pupils of the board enrolled in the group of schools of which the school is a part.

xi. Multiply the quotient obtained under subparagraph x by 0.25.

xii. Total the numbers determined under subparagraphs v, vii and xi.

xiii. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 9.29 metres squared.

xiv. Multiply the number determined under subparagraph xiii by the benchmark operating cost of $57.59 per metre squared.

xv. Multiply the number determined under subparagraph xiv by the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5).

xvi. Multiply the number determined under subparagraph xv by 0.2.

xvii. Subtract the number determined under subparagraph xii from the number determined under subparagraph xv.

xviii. If the number determined under subparagraph xvii is zero or a negative number or if the number determined under subparagraph i is zero, the top-up amount for school operations for the school is zero. Otherwise, the top-up amount for school operations for the school is the lesser of the number determined under subparagraph xvi and the number determined under subparagraph xvii.

16. Total the top-up amounts for school operations determined under paragraph 15 for each of the elementary schools of the board.

17. For each secondary school of the board, calculate a top-up amount for school operations, as follows:

i. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school.

iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 12.07 metres squared.

iv. Multiply the number determined under subparagraph iii by the benchmark operating cost of $57.59 per metre squared.

v. Multiply the number determined under subparagraph iv by the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8).

vi. Take the amount, if any, determined for the school under paragraph 8 of subsection 28 (3).

vii. Multiply the amount taken under subparagraph vi by 0.25.

viii. Add the number determined under subparagraph vii to the number determined under subparagraph v.

ix. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 12.07 metres squared.

x. Multiply the number determined under subparagraph ix by the benchmark operating cost of $57.59 per metre squared.

xi. Multiply the number determined under subparagraph x by the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8).

xii. Multiply the number determined under subparagraph xi by 0.2.

xiii. Subtract the number determined under subparagraph viii from the number determined under subparagraph xi.

xiv. If the number determined under subparagraph xiii is zero or a negative number or if the number determined under subparagraph i is zero, the top-up amount for school operations for the school is zero. Otherwise, the top-up amount for school operations for the school is the lesser of the number determined under subparagraph xii and the number determined under subparagraph xiii.

18. Total the top-up amounts for school operations determined under paragraph 17 for each of the secondary schools of the board.

19. Total the amounts determined for the board under paragraphs 14, 16 and 18 to obtain the amount for the board for school operations. O. Reg. 156/02, s. 36 (3); O. Reg. 348/02, s. 16.

(4) For the purposes of paragraph 3 of subsection (3), the Minister shall approve a supplementary elementary school area factor for a board that the Minister considers appropriate in order to make allowance for any disproportionate space needs that are particular to the board and that are caused by,

(a) the fact that the board is operating a school that can reasonably be considered to be too large for the community it serves, whether because of declining enrolment or for some other reason;

(b) the fact that the board is operating a school in a building, the physical characteristics of which can reasonably be considered to be neither compatible with nor easily modified to conform to the benchmark area requirements referred to in subsection (3);

(c) the fact that the board has disproportionately high space requirements because the board serves a disproportionately high number of pupils in special education programs or in other education programs with high space requirements; or

(d) other circumstances approved by the Minister. O. Reg. 156/02, s. 36 (4).

(5) In determining an amount for the purposes of subsection (4), the Minister shall have regard to the effect of the circumstances referred to in clauses (4) (a) to (d) on the board’s space needs. O. Reg. 156/02, s. 36 (5).

(6) Subject to subsection (7), subsections (4) and (5) apply with necessary modifications to require the Minister to approve a supplementary continuing education and other programs area factor for a board and, for that purpose, a reference to elementary school area is deemed to be a reference to continuing education and other programs area. O. Reg. 156/02, s. 36 (6).

(7) The Minister shall not approve a factor for a board under subsection (6) that is greater than the factor approved for the board under subsection (8). O. Reg. 156/02, s. 36 (7).

(8) Subsections (4) and (5) apply with necessary modifications to require the Minister to approve a supplementary secondary school area factor for a board and, for that purpose, a reference to elementary school area is deemed to be a reference to secondary school area. O. Reg. 156/02, s. 36 (8).

(9) The amount for the board for school renewal is determined as follows:

1. Take the percentage of the total elementary school area of the board that relates to buildings that are less than 20 years old, as set out in Column 2 of Table 7 opposite the name of the board.

2. Apply the percentage referred to in paragraph 1 to the benchmark renewal cost per metre squared of $6.89.

3. Take the percentage of the total elementary school area of the board that relates to buildings that are 20 years old or older, as set out in Column 3 of Table 7 opposite the name of the board.

4. Apply the percentage referred to in paragraph 3 to the benchmark renewal cost per metre squared of $10.33.

5. Add the amounts obtained under paragraphs 2 and 4, to obtain a weighted average benchmark elementary school renewal cost per metre squared.

6. Multiply the amount obtained under paragraph 5 by the adjusted elementary school area requirement for the board determined under paragraph 3 of subsection (3).

7. Take the percentage of the total secondary school area of the board that relates to buildings that are less than 20 years old, set out in Column 4 of Table 7 opposite the name of the board.

8. Apply the percentage referred to in paragraph 7 to the benchmark renewal cost per metre squared of $6.89.

9. Take the percentage of the total secondary school area of the board that relates to buildings that are 20 years old or older, as set out in Column 5 of Table 7 opposite the name of the board.

10. Apply the percentage referred to in paragraph 9 to the benchmark renewal cost per metre squared of $10.33.

11. Add the amounts obtained under paragraphs 8 and 10, to obtain a weighted average benchmark secondary school renewal cost per metre squared.

12. Multiply the amount obtained under paragraph 11 by the adjusted secondary school area requirement for the board determined under paragraph 12 of subsection (3).

13. Multiply the amount obtained under paragraph 11 by the adjusted continuing education and other programs area requirement for the board determined under paragraph 9 of subsection (3).

14. For each elementary school of the board, calculate a top-up amount for school renewal, as follows:

i. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school.

iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 9.29 metres squared.

iv. Multiply the number determined under subparagraph iii by the weighted average benchmark elementary school renewal cost per metre squared, as determined for the board under paragraph 5.

v. Multiply the number determined under subparagraph iv by the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5).

vi. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 9.29 metres squared.

vii. Multiply the number determined under subparagraph vi by the weighted average benchmark elementary school renewal cost per metre squared, as determined for the board under paragraph 5.

viii. Multiply the number determined under subparagraph vii by the supplementary elementary school area factor approved for the board by the Minister in accordance with subsections (4) and (5).

ix. Multiply the number determined under subparagraph viii by 0.2.

x. Subtract the number determined under subparagraph v from the number determined under subparagraph viii.

xi. If the number determined under subparagraph x is zero or a negative number or if the number determined under subparagraph i is zero, the top-up amount for school renewal for the school is zero. Otherwise, the top-up amount for school renewal for the school is the lesser of the number determined under subparagraph ix and the number determined under subparagraph x.

15. Total the top-up amounts for school renewal determined under paragraph 14 for each of the elementary schools of the board.

16. For each secondary school of the board, calculate a top-up amount for school renewal, as follows:

i. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school.

iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 12.07 metres squared.

iv. Multiply the number determined under subparagraph iii by the weighted average benchmark secondary school renewal cost per metre squared, as determined for the board under paragraph 11.

v. Multiply the number determined under subparagraph iv by the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8).

vi. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 12.07 metres squared.

vii. Multiply the number determined under subparagraph vi by the weighted average benchmark secondary school renewal cost per metre squared, as determined for the board under paragraph 11.

viii. Multiply the number determined under subparagraph vii by the supplementary secondary school area factor approved for the board by the Minister in accordance with subsection (8).

ix. Multiply the number determined under subparagraph viii by 0.2.

x. Subtract the number determined under subparagraph v from the number determined under subparagraph viii.

17. Total the top-up amounts for school renewal determined under paragraph 16 for each of the secondary schools of the board.

18. Add the amounts under paragraphs 6, 12, 13, 15 and 17.

19. Add the amount obtained under paragraph 18 to the amount for school renewal enhancement set out opposite the name of the board in Table 7.1 to obtain the amount for the board for school renewal. O. Reg. 156/02, s. 36 (9); O. Reg. 134/03, s. 5 (1).

(10) The amount for the board for the fiscal year for new pupil places is determined as follows:

1. Determine the 2002-2003 day school average daily enrolment of elementary school pupils of the board.

2. Subtract the elementary capacity for the board, in terms of pupil places, as determined by the Minister in accordance with subsection (19), from the number determined under paragraph 1.

3. Add to the number determined under paragraph 2 the sum of all numbers, if any, each of which is the number of the board’s new pupil places to meet elementary enrolment pressure for an elementary school of the board, as calculated under subsection 36 (12) of Ontario Regulation 154/01.

4. If the number determined under paragraph 2 is a positive number, multiply the number determined under paragraph 3 by the benchmark area requirement of 9.29 metres squared.

5. Multiply the product obtained under paragraph 4 by the benchmark construction cost of $118.40 per metre squared.

6. If the number obtained under paragraph 2 is zero or a negative number, calculate the sum of,

i. the sum of all numbers, if any, each of which is the number of the board’s new pupil places to meet elementary enrolment pressure for an elementary school of the board, as calculated under subsection 36 (12) of Ontario Regulation 154/01, and

ii. the number, if any, of the board’s new pupil places to meet elementary enrolment pressure.

7. Multiply the sum determined under paragraph 6 by the benchmark area requirement of 9.29 metres squared.

8. Multiply the product obtained under paragraph 7 by the benchmark construction cost of $118.40 per metre squared.

9. Take the sum of the numbers of new elementary pupil places for capital transitional adjustment set out in Column 4 of Table 8 opposite the name of the board.

10. Multiply the amount determined under paragraph 9 by the benchmark area requirement of 9.29 metres squared.

11. Multiply the product determined under paragraph 10 by the benchmark construction cost of $118.40 per metre squared.

11.1 Take the number, if any, of the board’s new pupil places in respect of elementary schools for which the cost of repair is prohibitive.

11.2 Multiply the number determined under paragraph 11.1 by the benchmark area requirement of 9.29 metres squared.

11.3 Multiply the product determined under paragraph 11.2 by the benchmark construction cost of $118.40 per metre squared.

12. Determine the 2002-2003 day school average daily enrolment of secondary school pupils of the board.

13. Subtract the secondary capacity for the board, in terms of pupil places, as determined by the Minister in accordance with subsection (19), from the number determined under paragraph 12.

14. Add to the number determined under paragraph 13 the sum of all numbers, if any, each of which is the number of the board’s new pupil places to meet secondary enrolment pressure for a secondary school of the board, as calculated under subsection 36 (14) of Ontario Regulation 154/01.

15. If the number determined under paragraph 13 is a positive number, multiply the number determined under paragraph 14 by the benchmark area requirement of 12.07 metres squared.

16. Multiply the product obtained under paragraph 15 by the benchmark construction cost of $129.17 per metre squared.

17. If the number determined under paragraph 13 is zero or a negative number, calculate the sum of,

i. the sum of all numbers, if any, each of which is the number of the board’s new pupil places to meet secondary enrolment pressure for a secondary school of the board, as calculated under subsection 36 (14) of Ontario Regulation 154/01, and

ii. the number, if any, of the board’s new pupil places to meet secondary enrolment pressure.

18. Multiply the sum determined under paragraph 17 by the benchmark area requirement of 12.07 metres squared.

19. Multiply the product determined under paragraph 18 by the benchmark construction cost of $129.17 per metre squared.

20. Take the sum of the numbers of new secondary school pupil places for capital transitional adjustment set out in Column 5 of Table 8 opposite the name of the board.

21. Multiply the amount determined under paragraph 20 by the benchmark area requirement of 12.07 metres squared.

22. Multiply the product obtained under paragraph 21 by the benchmark construction cost of $129.17 per metre squared.

22.1 Take the number, if any, of the board’s new pupil places in respect of secondary schools for which the cost of repair is prohibitive.

22.2 Multiply the number determined under paragraph 22.1 by the benchmark area requirement of 12.07 metres squared.

22.3 Multiply the product obtained under paragraph 22.2 by the benchmark construction cost of $129.17 per metre squared.

23. Add the products obtained under paragraphs 5, 8, 11, 11.3, 16, 19, 22 and 22.3.

24. Multiply the sum obtained under paragraph 23 by the geographic adjustment factor specified for the board in Table 9.

25. If the product obtained in paragraph 24 exceeds $20 million, reduce the amount to $20 million.

26. If the Minister is satisfied that, by August 31, 2002, the board has begun construction that has a total value of $200 million or more on projects referred to in the New School Facilities Report set out at page 23 of the memorandum from the Deputy Minister of Education to Directors of Education dated January 7, 2000, entitled “Accountability Framework — Pupil Accommodation Grant” and available for public inspection at the offices of the Ministry of Education, 900 Bay Street, Toronto, Ontario, M7A 1L2, and that the construction is to be financed in whole or in part with amounts calculated for the board under this subsection or a predecessor of this subsection, an amount calculated as follows is added to the amount calculated under paragraph 25, to obtain the amount for the board for new pupil places:

i. Subtract $20 million from the amount determined under subsection 36 (10) of Ontario Regulation 154/01, if no amount was added under paragraph 24 of subsection 36 (10) of that Regulation in respect of the board. If the difference is a negative number, it is deemed to be zero.

ii. Subtract $20 million from the amount determined under subsection 37 (10) of Ontario Regulation 170/00, if no amount was added under paragraph 12 of subsection 37 (10) of that Regulation in respect of the board. If the difference is a negative number, it is deemed to be zero.

iii. Subtract $20 million from the amount determined under subsection 38 (11) of Ontario Regulation 214/99 as that regulation read immediately before it was revoked by Ontario Regulation 391/05 made under the Act. If the difference is a negative number, it is deemed to be zero.

iv. Subtract $20 million from the amount determined in paragraph 10 of subsection 37 (8) of Ontario Regulation 287/98 as that regulation read immediately before it was revoked by Ontario Regulation 223/04 made under the Act. If the difference is a negative number, it is deemed to be zero.

v. Add the amounts determined under subparagraphs i, ii, iii and iv.

vi. Divide the sum determined under subparagraph v by $11,696 and round the quotient to one decimal place.

vii. Multiply the amount determined under subparagraph vi by the benchmark area requirement of 9.29 metres squared.

viii. Multiply the product determined under subparagraph vii by the benchmark construction cost of $118.40 per metre squared.

ix. Subtract $20 million from the product obtained under paragraph 24. If the difference is a negative number, it is deemed to be zero.

x. Add the difference obtained under subparagraph ix to the product obtained under subparagraph viii. O. Reg. 156/02, s. 36 (10); O. Reg. 134/03, s. 5 (2-9); O. Reg. 227/04, s. 2; O. Reg. 395/05, s. 1.

(11) The number, if any, of the board’s new pupil places to meet elementary enrolment pressure is the sum of the numbers calculated under subsection (12) for each elementary school of the board in respect of which the conditions in the following paragraphs are satisfied:

1. The 2001-2002 enrolment of the school exceeded by at least 100 the sum of,

i. the 2001-2002 reported capacity of the school, and

ii. the number of the board’s new pupil places to meet elementary enrolment pressure for the school calculated under subsection 36 (12) of Ontario Regulation 154/01.

2. The 2000-2001 enrolment of the school exceeded by at least 100 the sum of,

i. the 2000-2001 reported capacity of the school, and

ii. the number of the board’s new pupil places to meet secondary enrolment pressure for the school calculated under subsection 36 (14) of Ontario Regulation 154/01.

3. The number of the board’s new pupil places to meet elementary enrolment pressure that would be determined for the school under subsection (12) exceeds the amount calculated using the formula,

A − B

in which,

“A” is the sum of the 2001-2002 reported capacities of all other elementary schools of the board located not more than eight kilometres by road from the school and the total of all amounts calculated under subsection 36 (12) of Ontario Regulation 154/01 in respect of those other schools, and

“B” is the sum of the 2001-2002 enrolment of the other schools mentioned in “A”.

O. Reg. 156/02, s. 36 (11); O. Reg. 134/03, s. 5 (10).

(12) The number of the board’s new pupil places to meet elementary enrolment pressure for each elementary school is the average of,

(a) the difference between the 2000-2001 enrolment and the 2000-2001 reported capacity for the school; and

(b) the difference between the 2001-2002 enrolment and the 2001-2002 reported capacity for the school. O. Reg. 156/02, s. 36 (12).

(13) The number, if any, of the board’s new pupil places to meet secondary enrolment pressure is the sum of the numbers calculated under subsection (14) for each secondary school of the board in respect of which the conditions in the following paragraphs are satisfied:

1. The 2001-2002 enrolment of the school exceeded by at least 100 the sum of,

i. the 2001-2002 reported capacity of the school, and

ii. the number of the board’s new pupil places to meet secondary enrolment pressure for the school calculated under subsection 36 (14) of Ontario Regulation 154/01.

2. The 2000-2001 enrolment of the school exceeded by at least 100 the sum of,

i. the 2000-2001 reported capacity of the school, and

ii. the number of the board’s new pupil places to meet secondary enrolment pressure for the school calculated under subsection 36 (14) of Ontario Regulation 154/01.

3. The number of the board’s new pupil places to meet secondary enrolment pressure that would be determined for the school under subsection (14) exceeds the amount calculated using the formula,

A − B

in which,

“A” is the sum of the 2001-2002 reported capacities of all other secondary schools of the board located not more than 32 kilometres by road from the school and the total of all amounts calculated under subsection 36 (14) of Ontario Regulation 154/01 in respect of those other schools, and

“B” is the sum of the 2001-2002 enrolment of the other schools mentioned in “A”.

O. Reg. 156/02, s. 36 (13); O. Reg. 134/03, s. 5 (11).

(14) The number of the board’s new pupil places to meet secondary enrolment pressure for each secondary school is the average of,

(a) the difference between the 2000-2001 enrolment and the 2000-2001 reported capacity of the school; and

(b) the difference between the 2001-2002 enrolment and the 2001-2002 reported capacity of the school. O. Reg. 156/02, s. 36 (14).

(15) The number, if any, of the board’s new pupil places in respect of its elementary schools in which the cost of repair is prohibitive is the sum of the board’s new pupil places determined under subsection (16) for each elementary school of the board in respect of which the conditions in the following paragraphs are satisfied:

1. The school is listed in Table 10.

2. The number of the board’s new pupil places in respect of the school that would be determined under subsection (16) exceeds the amount calculated using the formula,

A − B

in which “A” and “B” have the same meaning as in paragraph 3 of subsection (11).

O. Reg. 156/02, s. 36 (15).

(16) The number of the board’s new pupil places in respect of an elementary school for which the cost of repair is prohibitive is the greater of,

(a) the average of the 2000-2001 day school average daily enrolment for the school and the 2001-2002 day school average daily enrolment for the school; and

(b) 200. O. Reg. 156/02, s. 36 (16).

(17) The number, if any, of the board’s new pupil places in respect of its secondary schools in which the cost of repair is prohibitive is the sum of the board’s new pupil places determined under subsection (18) for each secondary school of the board in respect of which the conditions in the following paragraphs are satisfied:

1. The school is listed in Table 10.

2. The number of the board’s new pupil places in respect of the school that would be determined under subsection (18) exceeds the amount calculated using the formula,

A − B

in which “A” and “B” have the same meaning as in paragraph 3 of subsection (13).

O. Reg. 156/02, s. 36 (17).

(18) The number of the board’s new pupil places in respect of a secondary school for which the cost of repair is prohibitive is the greater of,

(a) the average of the 2000-2001 day school average daily enrolment for the school and the 2001-2002 day school average daily enrolment for the school; and

(b) 500. O. Reg. 156/02, s. 36 (18).

(19) For the purposes of paragraphs 2 and 13 of subsection (10), the elementary capacity and secondary capacity for the board are, respectively, the elementary capacity and secondary capacity determined for the board under Ontario Regulation 154/01 subject to the following adjustments:

1. If applicable, adjust the elementary capacity or secondary capacity determined for the board under Ontario Regulation 154/01 in accordance with subsection (21).

2. If applicable, adjust the result determined under paragraph 1 in accordance with subsections (23), (24), (26), (27), (29), (30), (32), (33) and (35) to (42.2). O. Reg. 156/02, s. 36 (19); O. Reg. 134/03, s. 5 (12).

(20) The Minister shall determine loadings and categories of instructional space as follows:

1. Using school facilities data, the Minister shall identify categories of instructional space. In identifying categories of instructional space, the Minister shall have regard to but is not limited to the categories identified in the Report of the Pupil Accommodation Review Committee, dated August, 1998, which Report was released by the Ministry to school boards in September of 1998 and is available for public inspection at the offices of the Ministry of Education, 900 Bay Street, Toronto, Ontario, M7A 1L2.

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 factors that are, in his or her opinion, relevant, including but not limited to factors relating to the physical characteristics of the category of instructional space and the class size requirements of section 170.1 of the Act. O. Reg. 156/02, s. 36 (20).

(21) The Minister shall make such adjustments under paragraph 1 of subsection (19) as the Minister considers appropriate to take account of funds received by one board from another board in connection with a determination made under Ontario Regulation 460/97 respecting the disposition of an asset of an old board. O. Reg. 156/02, s. 36 (21).

(22) Subsection (23) or (24) applies in relation to an elementary or secondary school of a board if, in the 2001 calendar year, the board,

(a) issued a proposal under Ontario Regulation 444/98 to dispose of the school at no cost to the Ontario Realty Corporation or to a board; or

(b) notified the Minister in writing that the school will be disposed of in accordance with an order of the former Education Improvement Commission under Ontario Regulation 460/97. O. Reg. 156/02, s. 36 (22).

(23) The elementary capacity determined for the board under subsection (19) is adjusted as follows:

1. For each elementary school of the board to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20).

2. Total the amounts determined under paragraph 1 for elementary schools of the board.

3. Subtract the total determined under paragraph 2 from the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (23).

(24) The secondary capacity determined for the board under subsection (19) is adjusted as follows:

1. For each secondary school of the board to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20).

2. Total the amounts determined under paragraph 1 for secondary schools of the board.

3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (24).

(25) Subsection (26) or (27) applies in relation to an elementary or secondary school of the board if,

(a) the school is acquired by the board as a result of a proposal issued by another board in the 2001 calendar year under Ontario Regulation 444/98 to dispose of the school at no cost; and

(b) subsections (29) and (30) do not apply to the school. O. Reg. 156/02, s. 36 (25).

(26) The elementary capacity determined for the board under subsection (19) is adjusted as follows:

2. Total the amounts determined under paragraph 1 for the elementary schools of the board.

3. Add the total determined under paragraph 2 to the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (26).

(27) The secondary capacity determined for the board under subsection (19) is adjusted as follows:

2. Total the amounts determined under paragraph 1 for the secondary schools of the board.

3. Add the total determined under paragraph 2 to the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (27).

(28) Subsection (29) or (30) applies in relation to an elementary or secondary school of the board if all of the following conditions are satisfied:

1. The school is acquired by the board as a result of a proposal issued by another board in the 2001 calendar year under Ontario Regulation 444/98 to dispose of the school at no cost.

2. Within 30 days after offering to acquire the school at no cost, the board notifies the Minister in writing of the offer and provides such information and material as the Minister may require to verify that the acquisition of the school,

i. is consistent with the long-term accommodation plan of the board,

ii. would benefit the pupils of the board,

iii. would result in more effective use of public assets, and

iv. would reduce the need of the board for the construction of new school facilities. O. Reg. 156/02, s. 36 (28).

(28.1) Subsection (29) applies in relation to an elementary school of the board if the school provides pupil accommodation for elementary school pupils during the fiscal year and is located in a municipality or former municipality set out in Column 2 of Table 8 opposite the name of the board in Column 1 of that Table and opposite a number greater than zero in Column 4 of that Table. O. Reg. 134/03, s. 5 (13).

(28.2) Subsection (30) applies in relation to a secondary school of the board if the school provides pupil accommodation for secondary school pupils during the fiscal year and is located in a municipality or former municipality set out in Column 2 of Table 8 opposite the name of the board in Column 1 of that Table and opposite a number greater than zero in Column 5 of that Table. O. Reg. 134/03, s. 5 (13).

(29) The elementary capacity determined for the board under subsection (19) is adjusted as follows:

1. For each elementary school to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20).

2. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that school.

3. Take the lesser of the amounts determined for the school under paragraphs 1 and 2.

4. Total the amounts determined under paragraph 3 for each of the elementary schools to which this subsection applies.

5. Add the total determined under paragraph 4 to the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (29).

(30) The secondary capacity determined for the board under subsection (19) is adjusted as follows:

1. For each secondary school to which this subsection applies, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20).

2. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that school.

3. Take the lesser of the amounts determined for the school under paragraphs 1 and 2.

4. Total the amounts determined under paragraph 3 for each of the secondary schools to which this subsection applies.

5. Add the total determined under paragraph 4 to the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (30).

(31) Subsection (32) or (33) applies in relation to an elementary or secondary school of a board if,

(a) in the 2001 calendar year, the board agreed with another board to dispose of the elementary school or secondary school of the board to the other board, in consideration for the conveyance to it of an elementary school or secondary school of the other board;

(b) the agreement referred to in clause (a) was not an agreement that implemented an order of the Education Improvement Commission; and

(c) before the agreement referred to in clause (a) was entered into, the Minister indicated in writing that, in his or her opinion, the transfer provided for by the agreement,

(i) is consistent with the long-term accommodation plans of both boards,

(ii) would benefit pupils of both boards,

(iii) would result in more effective use of public assets, and

(iv) would reduce the needs of both boards for the construction of new school facilities. O. Reg. 156/02, s. 36 (31).

(32) The elementary capacity determined for the board under subsection (19) is adjusted as follows:

2. Total the amounts determined under paragraph 1 for elementary schools of the board.

3. Subtract the total determined under paragraph 2 from the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (32).

(33) The secondary capacity determined for the board under subsection (19) is adjusted as follows:

2. Total the amounts determined under paragraph 1 for secondary schools of the board.

3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (33).

(34) Subsection (35) or (36) applies in relation to an elementary or secondary school of a board acquired in the circumstances described in subsection (31). O. Reg. 156/02, s. 36 (34).

(35) The elementary capacity determined for the board under subsection (19) is adjusted as follows:

1. For each elementary school of the board acquired in the circumstances described in subsection (31), apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20).

2. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school.

3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero.

4. Total the amounts determined under paragraph 3 for elementary schools of the board.

5. Subtract the total determined under paragraph 4 from the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (35).

(36) The secondary capacity determined for the board under subsection (19) is adjusted as follows:

1. For each secondary school of the board acquired in the circumstances described in subsection (31), apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20).

2. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school.

3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero.

4. Total the amounts determined under paragraph 3 for secondary schools of the board.

5. Subtract the total determined under paragraph 4 from the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (36).

(37) If the board has an elementary school that it acquired after December 31, 1998 and before the start of the fiscal year in circumstances described in subsection (31), the elementary capacity determined for the board under subsection (19) is adjusted as follows:

1. For each elementary school acquired, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20).

2. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that school.

3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero.

4. Total the amounts determined under paragraph 3 for each of the elementary schools acquired.

5. Subtract the amount determined under paragraph 4 from the total of the amounts determined for the board under the provisions comparable to this subsection in the regulations made under section 234 of the Act in respect of grants payable to boards for previous fiscal years.

6. Add the difference determined under paragraph 5 to the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (37).

(38) If the board has a secondary school that it acquired after December 31, 1998 and before the start of the fiscal year in circumstances described in subsection (31), the secondary capacity determined for the board under subsection (19) is adjusted as follows:

1. For each secondary school acquired, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20).

2. Determine the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils enrolled in that school.

3. Subtract the amount determined under paragraph 2 from the amount determined under paragraph 1. If the difference is a negative number, it is deemed to be zero.

4. Total the amounts determined under paragraph 3 for each of the secondary schools acquired.

6. Add the difference determined under paragraph 5 to the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (38).

(39) The elementary capacity determined for the board under subsection (19) is adjusted by adding the number, if any, of new pupil places to meet elementary enrolment pressure as determined under subsection (11). O. Reg. 156/02, s. 36 (39).

(40) The secondary capacity determined for the board under subsection (19) is adjusted by adding the number, if any, of new pupil places to meet secondary enrolment pressure as determined under subsection (13). O. Reg. 156/02, s. 36 (40).

(41) The elementary capacity determined for the board under subsection (19) is adjusted as follows:

1. For each elementary school of the board listed in Table 10, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized in subsection (20).

2. Total the amounts determined under paragraph 1 for the elementary schools of the board.

3. Subtract the total determined under paragraph 2 from the elementary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (41).

(42) The secondary capacity determined for the board under subsection (19) is adjusted as follows:

1. For each secondary school of the board listed in Table 10, apply the loadings determined under subsection (20) to the instructional spaces of the school, as categorized in subsection (20).

2. Total the amounts determined under paragraph 1 for the secondary schools of the board.

3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (19). O. Reg. 156/02, s. 36 (42).

(42.1) The elementary capacity determined for the board under subsection (19) is adjusted by adding the number, if any, of new pupil places in respect of its elementary schools in which the cost of repair is prohibitive, as determined under subsection (15). O. Reg. 134/03, s. 5 (13).

(42.2) The secondary capacity determined for the board under subsection (19) is adjusted by adding the number, if any, of new pupil places in respect of its secondary schools in which the cost of repair is prohibitive, as determined under subsection (17). O. Reg. 134/03, s. 5 (13).

(43) The amount for the board for outstanding capital commitments is determined as follows:

1. Take the number of elementary school pupil places shown in Column 2 of Table 11, opposite the name of the board.

2. Multiply the number taken under paragraph 1 by the benchmark area requirement per pupil of 9.29 metres squared.

3. Multiply the product obtained under paragraph 2 by the benchmark construction cost of $118.40 per metre squared.

4. Take the number of secondary school pupil places shown in Column 3 of Table 11, 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 benchmark construction cost of $129.17 per metre squared.

7. Add the products obtained under paragraphs 3 and 6. O. Reg. 156/02, s. 36 (43).

(44) For the purposes of paragraphs 15 and 17 of subsection (3) and paragraphs 14 and 16 of subsection (9), the capacity of an elementary school or secondary school is determined by,

(a) applying the loadings determined under subsection (20) to the instructional spaces of the school, as categorized under subsection (20); and

(b) subtracting, from the amount determined under clause (a), the number of new pupil places determined under subsection (15), in the case of an elementary school, or under subsection (17), in the case of a secondary school. O. Reg. 156/02, s. 36 (44).

(45) In this section,

“2000-2001 enrolment” means, in respect of a school operated by a board, the 2000-2001 day school average daily enrolment of pupils of the board, within the meaning of Ontario Regulation 168/00, counting only pupils enrolled in the school; (“effectif de 2000-2001”)

“2000-2001 reported capacity” means, in respect of a school operated by a board, the school capacity as reported in Appendix C to the board’s 2000-2001 financial statements prepared and submitted to the Minister under the Act; (“capacité d’accueil déclarée pour 2000-2001”)

“2001-2002 enrolment” means, in respect of a school operated by a board, the 2001-2002 day school average daily enrolment of pupils of the board, within the meaning of Ontario Regulation 152/01, counting only pupils enrolled in the school; (“effectif de 2001-2002”)

“2001-2002 reported capacity” means, in respect of a school operated by a board, the school capacity as reported in Appendix C to the board’s 2001-2002 financial statements prepared and submitted to the Minister under the Act; (“capacité d”accueil déclarée pour 2001-2002”)

“2002-2003 enrolment” means, in respect of a school operated by a board, the 2002-2003 day school average daily enrolment of pupils of the board, counting only pupils enrolled in the school; (“effectif de 2002-2003”)

“instructional space” means a space in a school that can reasonably be used for instructional purposes; (“aire d’enseignement”)

“school facilities data” means data relating to boards’ school facilities and includes school floor plans and other data compiled in accordance with the Ministry’s school facilities inventory system. (“données sur les installations scolaires”) O. Reg. 156/02, s. 36 (45).

Debt charges allocation

37. (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;

(b) the total amount of interest, fees and other charges, exclusive of principal, in respect of the non-permanently financed debt of the board that is paid by the board before the completion of arrangements to permanently refinance the debt; and

(c) 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. 224/02, s. 2.

(2) In this section,

“non-permanently financed debt” means, in relation to a district school board, the amount as of August 31, 2001 that is listed in Column (e) under the heading “Not Permanently Financed” opposite the name of the board in Table 2, “Capital Related Debt Eligible for Funding Support, by District School Board”, in the document entitled School Board Capital Related Debt (June 17, 2002), published by the Ministry and available on the School Facilities Inventory System Website (sfis.edu.gov.on.ca) and at the Business Services Branch of the Ministry, Mowat Block, 21st Floor, 900 Bay Street, Toronto, Ontario, M7A 1L2; (“dette sans financement permanent”)

“permanently financed debt” means, in respect of a board, the amount, as of August 31, 2001 that is listed in Column (d) under the heading “Permanently Financed” opposite the name of the board in Table 2, “Capital Related Debt Eligible for Funding Support, by District School Board”, in the document entitled School Board Capital Related Debt (June 17, 2002), published by the Ministry and available on the School Facilities Inventory System Website (sfis.edu.gov.on.ca) and at the Business Services Branch of the Ministry, Mowat Block, 21st Floor, 900 Bay Street, Toronto, Ontario, M7A 1L2. (“dette avec financement permanent”) O. Reg. 224/02, s. 2.

Adjustment for declining enrolment

38. (1) The amount of a district school board’s adjustment for declining enrolment for the fiscal year for the purposes of section 11 is,

(a) the amount determined under subsection (2) in respect of the board if,

(i) the amount determined under subsection (2) in respect of the board exceeds zero, and

(ii) the 2002-2003 day school average daily enrolment of pupils of the board is less than the 2001-2002 day school average daily enrolment of pupils of the board; or

(b) zero in any other case. O. Reg. 156/02, s. 38 (1).

(2) The amount determined under this subsection in respect of the board is calculated using the following formula,

[(A − B) − 0.58(A × C)] × D/C

in which,

“A” is the amount determined in respect of the board under subsection (3),

“B” is the amount determined in respect of the board under subsection (4),

“C” is the amount determined in respect of the board under subsection (5), and

“D” is the amount determined in respect of the board under subsection (6).

O. Reg. 156/02, s. 38 (2).

(3) The amount determined under this subsection in respect of a board is the sum calculated by adding the transportation supplement paid to the board under Ontario Regulation 485/01 to the sum of the following amounts determined for the board for its 2001-2002 fiscal year under Ontario Regulation 154/01:

1. The foundation allocation.

2. The enrolment-based special education amount.

3. The language allocation.

4. The small schools allocation.

5. The remote and rural allocation.

6. The early learning assistance amount and the literacy and numeracy assistance amount of the learning opportunities allocation.

7. The early learning allocation.

8. The transportation allocation.

9. The administration and governance allocation.

10. The amount for school operations determined under section 36 of Ontario Regulation 154/01. O. Reg. 156/02, s. 38 (3).

(4) The amount determined under this subsection in respect of a board is the amount by which the sum of the following amounts exceeds the amount determined by multiplying the 2002-2003 day school average daily enrolment of pupils of the board and the amount shown in Column 2 of Table 11.1 opposite the name of the board in Column 1 of Table 11.1:

1. The foundation allocation for the 2002-2003 fiscal year.

2. The enrolment-based special education amount for the 2002-2003 fiscal year.

3. The language allocation for the 2002-2003 fiscal year.

4. The small schools allocation for the 2002-2003 fiscal year.

5. The remote and rural allocation for the 2002-2003 fiscal year.

6. The early learning assistance amount and the literacy and numeracy assistance amount of the learning opportunities allocation for the 2002-2003 fiscal year.

7. The early learning allocation for the 2002-2003 fiscal year.

8. The amount determined for the board under paragraph 6 of section 34.

9. The administration and governance allocation for the 2002-2003 fiscal year.

10. The amount for school operations determined under section 36 for the 2002-2003 fiscal year.

11. Revoked: O. Reg. 134/03, s. 6 (2).

O. Reg. 156/02, s. 38 (4); O. Reg. 348/02, s. 17; O. Reg. 134/03, s. 6.

(5) The amount determined under this subsection in respect of a board is the amount calculated using the following formula,

1 − E/F

in which,

“E” is the 2002-2003 day school average daily enrolment of pupils of the board,

“F” is the 2001-2002 day school average daily enrolment of pupils of the board, as determined under section 2 of Ontario Regulation 152/01, and

“E/F” is rounded to five decimal points.

O. Reg. 156/02, s. 38 (5).

(6) The amount under this subsection in respect of a board is determined as follows:

1. If the amount determined in respect of the board under subsection (5) does not exceed 0.0025, the amount determined under this subsection in respect of the board is calculated using the formula,

0.5 × C

in which “C” is the amount determined in respect of the board under subsection (5).

2. If the amount determined in respect of the board under subsection (5) is greater than 0.0025 but does not exceed 0.015, the amount determined under this subsection in respect of the board is calculated using the formula,

(C − 0.0025) + 0.00125

in which “C” is the amount determined in respect of the board under subsection (5).

3. If the amount determined in respect of the board under subsection (5) is greater than 0.015, the amount determined under this subsection in respect of the board is calculated using the formula,

1.5 (C − 0.015) + 0.01375

in which “C” is the amount determined in respect of the board under subsection (5).

O. Reg. 156/02, s. 38 (6).

(7) For the purposes of subclause (1) (a) (ii), the 2001-2002 day school average daily enrolment of pupils of the board is the day school average daily enrolment of pupils for the board determined under section 2 of Ontario Regulation 152/01. O. Reg. 156/02, s. 38 (7).

Compliance

39. Every district school board shall manage its estimates process and its expenditures so as to ensure compliance with the requirements of sections 40 to 43. O. Reg. 156/02, s. 39.

Enveloping, classroom expenditures

40. (1) For the purposes of this section,

(a) an expenditure by a board is a classroom expenditure if it is an expenditure categorized in the Ministry’s Uniform Code of Accounts as a classroom expenditure; and

(b) an expenditure by a board is a non-classroom expenditure if it is an expenditure categorized in the Ministry’s Uniform Code of Accounts as a non-classroom expenditure. O. Reg. 156/02, s. 40 (1).

(2) Subject to subsection (8), a district school board shall ensure that its net classroom expenditure amount for the fiscal year, calculated in accordance with subsection (3), is at least equal to its classroom expenditure allocation amount for the fiscal year, calculated in accordance with subsection (5). O. Reg. 156/02, s. 40 (2).

(3) The net classroom expenditure amount for a board for the fiscal year is determined as follows:

1. Determine the total amount of the board’s classroom expenditures in the fiscal year.

2. Subtract the amount determined for the board under subsection (4), on account of classroom-related revenue from sources other than legislative grants and school taxes.

3. Add the part of the amount that is in the board’s reserve fund under subsection 233 (1) of the Act on August 31, 2003, before the transfer under subsection 233 (2) of the Act, that is attributable to classroom expenditures. O. Reg. 156/02, s. 40 (3).

(4) The amount on account of classroom-related revenue from sources other than legislative grants and school taxes for the board is the total of the following amounts:

1. 68.49 per cent of the total of the board’s revenues under sections 3, 5 and 6 of the 2002-2003 fees regulation.

2. The total of the amounts spent on classroom expenditures from reserves of the board in the fiscal year.

3. The amount of revenue from other sources received by the board in the fiscal year, other than revenue referred to in paragraph 1, that is spent in the fiscal year on expenditures that are classroom expenditures within the meaning of this section. O. Reg. 156/02, s. 40 (4).

(5) The classroom expenditure allocation amount for a board for the fiscal year is determined as follows:

1. Multiply the percentage specified in Column 2 of Table 12 for foundation allocation by the board’s base amount for elementary school pupils.

2. Multiply the percentage specified in Column 3 of Table 12 for foundation allocation by the board’s base amount for secondary school pupils.

3. Determine an amount for the board on account of Native language and French as a first or second language for elementary school pupils, as follows:

i. In the case of an English-language district school board, total the amount of the board’s French as a second language amount for elementary school pupils and the board’s Native language amount for elementary school pupils for the year.

ii. In the case of a French-language district school board, total the amounts determined for the board under paragraphs 1 and 3 of section 26 and the board’s Native language amount for elementary school pupils of the board for the year.

4. Apply the percentage specified in Column 2 of Table 12 for Native language and French as a first or second language to the amount determined for the board under paragraph 3.

5. Determine an amount for the board on account of Native language and French as a first or second language for secondary school pupils, as follows:

i. In the case of an English-language district school board, total the board’s French as a second language amount for secondary school pupils and the board’s Native language amount for secondary school pupils for the year.

ii. In the case of a French-language district school board, total the amount determined for the board under paragraph 2 of section 26 and the board’s Native language amount for secondary school pupils of the board for the year.

6. Apply the percentage specified in Column 3 of Table 12 for Native language and French as a first or second language to the amount determined for the board under paragraph 5.

7. Determine an amount for the board on account of ESL/ESD/ALF/PDF for elementary school pupils, as follows:

i. In the case of an English-language district school board, divide the amount of the board’s ESL/ESD amount for the year by the 2002-2003 day school average daily enrolment of pupils of the board and multiply the result by the 2002-2003 day school daily average enrolment of elementary school pupils of the board.

ii. In the case of a French-language district school board, divide the amount of the board’s ALF/PDF amount for the year by the 2002-2003 day school average daily enrolment of pupils of the board and multiply the result by the 2002-2003 day school average daily enrolment of elementary school pupils of the board.

8. Apply the percentage specified in Column 2 of Table 12 for ESL/ESD/ALF/PDF to the amount determined for the board under paragraph 7.

9. Determine an amount for the board on account of ESL/ESD/ALF/PDF for secondary school pupils, as follows:

i. In the case of an English-language district school board, divide the amount of the board’s ESL/ESD amount for the year by the 2002-2003 day school average daily enrolment of pupils of the board and multiply the result by the 2002-2003 day school average daily enrolment of secondary school pupils of the board.

10. Apply the percentage specified in Column 3 of Table 12 for ESL/ESD/ALF/PDF to the amount determined for the board under paragraph 9.

11. Multiply the percentage specified in Column 2 of Table 12 for teacher qualification and experience by the board’s elementary school teacher qualification and experience allocation for the year.

12. Multiply the percentage specified in Column 3 of Table 12 for teacher qualification and experience by the board’s secondary school teacher qualification and experience allocation for the year.

13. Multiply the percentage specified in Column 2 of Table 12 for special education by the part of the board’s special education allocation for the year that is generated by elementary school pupils of the board.

14. Multiply the percentage specified in Column 3 of Table 12 for special education by the part of the board’s special education allocation for the year that is generated by secondary school pupils of the board.

15. Multiply the percentage specified in Column 2 of Table 12 for small schools by the amount determined for the board under paragraph 4 of subsection 28 (3).

16. Multiply the percentage specified in Column 3 of Table 12 for small schools to the amount determined for the board under paragraph 8 of subsection 28 (3).

17. Divide the board’s remote and rural allocation for the year by the 2002-2003 day school average daily enrolment of pupils of the board and multiply the result by the 2002-2003 day school average daily enrolment of elementary school pupils of the board.

18. Apply the percentage specified in Column 2 of Table 12 for the remote and rural allocation to the amount determined for the board under paragraph 17.

19. Divide the board’s remote and rural allocation for the year by the 2002-2003 day school average daily enrolment of pupils of the board and multiply the result by the 2002-2003 day school average daily enrolment of secondary school pupils of the board.

20. Apply the percentage specified in Column 3 of Table 12 for the remote and rural allocation to the amount determined for the board under paragraph 19.

21. Multiply the percentage specified in Column 2 of Table 12 for early learning by the amount of the board’s early learning allocation for the year.

22. Take the amount set out in Column 2 of Table 5 opposite the name of the board and multiply it by the quotient obtained by dividing the 2002-2003 day school average daily enrolment of elementary school pupils of the board by the 2002-2003 day school average daily enrolment of pupils of the board.

23. Apply the percentage specified in Column 2 of Table 12 for learning opportunities to the amount determined for the board under paragraph 22.

24. Multiply $118 by the 2002-2003 day school average daily enrolment of elementary school pupils of the board, counting only pupils enrolled in junior kindergarten, kindergarten and grades one to three.

25. Add the amounts determined under paragraphs 23 and 24.

26. Take the amount set out in Column 2 of Table 5 opposite the name of the board and multiply it by the quotient obtained by dividing the 2002-2003 day school average daily enrolment of secondary school pupils of the board by the 2002-2003 day school average daily enrolment of pupils of the board.

27. Multiply the percentage specified in Column 3 of Table 12 for learning opportunities by the amount determined under paragraph 26.

28. Multiply the enrolment number determined for the board under paragraph 1 of subsection 31 (1) by $2,358, to determine an adult day school amount for the board.

29. Apply the percentage specified in Column 3 of Table 12 for adult day school to the amount determined for the board under paragraph 28.

30. Total the amounts determined for the board under paragraphs 1, 4, 8, 11, 13, 15, 18, 21 and 25.

31. Total the amounts determined for the board under paragraphs 2, 6, 10, 12, 14, 16, 20, 27 and 29.

32. Multiply the portion of the OMERS savings for the board reasonably attributed by the board to elementary school pupils in the fiscal year by the portion of those savings attributable to elementary school classroom expenditures in the fiscal year.

33. Deduct the amount determined under paragraph 32 from the amount determined under paragraph 30.

34. Multiply the amount by which the amount determined in respect of the board under clause 44 (a) exceeds the amount determined in respect of the board under clause 44 (b) by the ratio of the 2002-2003 day school average daily enrolment of elementary school pupils of the board to the 2002-2003 day school average daily enrolment of pupils of the board.

35. Multiply the amount determined under paragraph 34 by the percentage specified in Column 2 of Table 12 for foundation allocation.

36. Deduct the amount determined under paragraph 35 from the amount determined under paragraph 33.

37. Multiply the portion of the OMERS savings for the board reasonably attributed by the board to secondary school pupils in the fiscal year by the portion of those savings attributable to secondary school classroom expenditures in the fiscal year.

38. Deduct the amount determined under paragraph 37 from the amount determined under paragraph 31.

39. Multiply the amount by which the amount determined in respect of the board under clause 44 (a) exceeds the amount determined in respect of the board under clause 44 (b) by the ratio of the 2002-2003 day school average daily enrolment of secondary school pupils of the board to the 2002-2003 day school average daily enrolment of pupils of the board.

40. Multiply the amount determined under paragraph 39 by the percentage specified in Column 3 of Table 12 for foundation allocation.

41. Deduct the amount determined under paragraph 40 from the amount determined under paragraph 38.

42. Calculate the sum of the amounts determined for the board under paragraphs 36 and 41.

43. Add to the amount determined under paragraph 42 the portion of the board’s flexibility fund, if any,

i. that is not allocated under paragraph 2 of subsection 43 (2), and

ii. that is allocated by the board to the classroom expenditure allocation amount for the fiscal year. O. Reg. 156/02, s. 40 (5); O. Reg. 224/02, s. 3; O. Reg. 348/02, s. 18.

(6) For the purposes of subsection (5), the sum of the portion of the OMERS savings for the board attributed to elementary school pupils and the portion of the OMERS savings for the board attributed to secondary school pupils shall not exceed the OMERS savings. O. Reg. 156/02, s. 40 (6).

(7) If a board’s classroom expenditure allocation for the fiscal year, calculated in accordance with subsection (5), exceeds its net classroom expenditure amount for the fiscal year, calculated in accordance with subsection (3), the board is deemed to be in compliance with subsection (2) if it can demonstrate in the material submitted to the Ministry under clause 231 (11) (c) of the Act that the excess is accounted for by reason of,

(a) amounts placed in a reserve fund for classroom expenditures; or

(b) expenditures other than non-classroom expenditures. O. Reg. 156/02, s. 40 (7).

(8) For the purposes of subsection (7),

(a) 91.7 per cent of any amount placed in a reserve fund for special education expenditures is deemed to be an amount placed in a reserve fund for classroom expenditures for the purposes of clause (7) (a); and

(b) an amount paid on account of a part of a deficit from a previous year if the part of the deficit is attributable to classroom expenditures is not a non-classroom expenditure for the purposes of clause (7) (b). O. Reg. 156/02, s. 40 (8).

Required spending, special education

41. (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 by which the board’s special education allocation for the fiscal year exceeds the part of the OMERS savings for the board that is attributable to special education expenditures in the fiscal year. O. Reg. 134/03, s. 7 (1).

(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. 156/02, s. 41 (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, 2003, 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 2002-2003 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.

iv. Revoked: O. Reg. 134/03, s. 7 (2).

O. Reg. 156/02, s. 41 (3); O. Reg. 134/03, s. 7 (2).

(4) This section shall not be interpreted as limiting the amount that a board may spend on special education. O. Reg. 156/02, s. 41 (4).

Required spending, capital assets

42. (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 under section 36 is spent in the fiscal year on the acquisition of capital assets:

1. The amount for school renewal.

2. The amount for new pupil places.

3. The amount for outstanding capital commitments. O. Reg. 156/02, s. 42 (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. 156/02, s. 42 (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 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. 156/02, s. 42 (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. 156/02, s. 42 (4).

Maximum administration and governance expenditures

43. (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. 156/02, s. 43 (1).

(2) The amount of the board’s administration and governance limit for the fiscal year is the amount determined as follows:

1. Subtract the part of the OMERS savings for the board that is attributable to administration and governance expenditures for the fiscal year from the board’s administration and governance allocation for the fiscal year.

2. Add to the amount determined in paragraph 1 the portion of the board’s flexibility fund,

i. that is not allocated under paragraph 43 of subsection 40 (5), and

ii. that is allocated by the board to the administration and governance limit. O. Reg. 156/02, s. 43 (2).

(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 as an administration expenditure;

(b) an expenditure by a board is a governance expenditure if it is an expenditure categorized in the Ministry’s Uniform Code of Accounts as a governance expenditure; and

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, 2003, before the transfer under subsection 233 (2) of the Act, that is attributable to administration and governance to the amount determined under paragraph 1.

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. 156/02, s. 43 (3).

Flexibility fund

44. The amount of a district school board’s flexibility fund for the fiscal year is the greater of,

(a) the amount of the board’s flexibility fund for the 2001-2002 fiscal year, as determined under section 43 of Ontario Regulation 154/01; and

(b) the sum of the board’s local priorities amount for the 2002-2003 fiscal year and the adjustment for declining enrolment, if any, determined under section 38. O. Reg. 156/02, s. 44.

PART III
GRANTS TO SCHOOL AUTHORITIES

Grants to isolate boards

45. (1) For the purposes of this section, the approved expenditure of an isolate board is the expenditure that is acceptable to the Minister as shown on the forms provided by the Ministry to the isolate board for the purpose of calculating its 2002-2003 legislative grant. O. Reg. 156/02, s. 45 (1).

(2) In making determinations for the purposes of subsection (1), the Minister shall apply the funding formula on which the provisions of this Regulation relating to grants to district school boards is based, with such adaptations as the Minister considers advisable to take account of characteristics particular to isolate boards. O. Reg. 156/02, s. 45 (2).

(3) For the purposes of this section, the 2002-2003 tax revenue of an isolate board is determined as follows: