Education Act

ONTARIO REGULATION 397/22

CALCULATION OF FEES FOR PUPILS FOR THE 2022-2023 SCHOOL BOARD FISCAL YEAR

Consolidation Period: From February 6, 2023 to the e-Laws currency date.

Last amendment: 16/23.

Legislative History: 16/23.

This is the English version of a bilingual regulation.

CONTENTS

 

Interpretation

1. (1) In this Regulation,

“continuing education class or course” has the same meaning as in section 94 of the grant regulation; (“classe ou cours d’éducation permanente”)

“day school A.D.E. of elementary school pupils of a board” means the average daily enrolment determined for the board under section 88 of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les élèves de l’élémentaire d’un conseil”)

“day school A.D.E. of other pupils of a board” means the average daily enrolment determined for the board under section 93 of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les autres élèves d’un conseil”)

“day school A.D.E. of pupils of a board” means the average daily enrolment determined for the board under section 87 of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les élèves d’un conseil”)

“day school A.D.E. of secondary school pupils of a board” means the average daily enrolment determined for the board under section 90 of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les élèves du secondaire d’un conseil”)

“day school program” does not include continuing education or summer school classes or courses; (“programme d’école de jour”)

“elementary school pupil” means a pupil who is enrolled in any of junior kindergarten, kindergarten and grades 1 to 8; (“élève de l’élémentaire”)

“grant regulation” means Ontario Regulation 396/22 (Grants for Student Needs — Legislative Grants for the 2022-2023 School Board Fiscal Year) made under the Act; (“règlement sur les subventions”)

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

“online or remote learning” means a method of instruction that relies on communication between pupils and teachers through the internet or any other means and does not require pupils to attend school in person; (“apprentissage en ligne ou à distance”)

“P.A.C.”, for a pupil, means the pupil accommodation charge for a pupil as determined under subsections (4) and (5); (“frais de pension”)

“secondary school pupil” means a pupil who is enrolled in any of grades 9 to 12; (“élève du secondaire”)

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

“summer school class or course” means a summer school class or course as defined in subsection 98 (1) of the grant regulation. (“classe ou cours d’été”)

(2) For the purposes of this Regulation, a pupil is considered to be a pupil of a board if they are a pupil of the board for the purposes of the grant regulation.

(3) Any fiscal year referred to in this Regulation is from September 1 to August 31.

(4) The pupil accommodation charge for a pupil is $141 in the case of an elementary school pupil or $282 in the case of a secondary school pupil.

(5) Despite subsection (4), if a board has entered into an agreement under subsection 188 (3) of the Act that provides for a payment by the Crown in right of Canada to provide classroom accommodation for a specified number of pupils, the pupil accommodation charge for each pupil accommodated as a result of the agreement is zero.

Application

2. (1) This Regulation applies to boards for the 2022-2023 fiscal year.

(2) If, as of September 1, 2023, no regulation has been made under subsection 11 (3) of the Act in respect of the 2023-2024 fiscal year, this Regulation applies to boards for that fiscal year, with necessary modifications.

(3) On the day a regulation made under subsection 11 (3) of the Act in respect of the 2023-2024 fiscal year comes into force, this Regulation ceases to apply in respect of that fiscal year.

Education for First Nation pupils

3. (1) This section applies in respect of a pupil who is enrolled in a day school program in a school operated by a district school board or an isolate board if a fee in respect of the pupil is receivable by the board from,

(a)  the Crown in right of Canada; or

(b)  a band, the council of a band or an education authority where the band, council of a band or education authority is authorized by the Crown in right of Canada to provide education for Indians.

(2) The fee in respect of the pupil is calculated by multiplying the day school A.D.E. of the pupil by the base fee for the board as set out in,

(a)  Column 2 of Table 1, in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board;

(b)  Column 3 of Table 1, in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board; or

(c)  Column 2 of Table 2, in the case of a pupil who is enrolled in a school operated by an isolate board.

(3) For the purposes of subsection (2), the day school A.D.E. of a pupil referred to in that subsection is the day school A.D.E. of other pupils of the board, calculated as if the pupil were the board’s only pupil.

(4) If a party from whom a fee is payable requests, or if the board recommends and that party agrees, that the board provide an educational program, service or equipment for a pupil described in subsection (1) under an agreement that was entered into on or before August 31, 2019 under subsection 188 (1) of the Act, as that subsection read on August 31, 2019, the fee in respect of the pupil may be increased as follows:

1.  If the board does not receive any funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment.

2.  If the board receives partial funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment that exceeds the amount received in the base fee.

(5) For the purposes of subsection (4), if the board providing the educational program, service or equipment and the party from whom the fee is receivable cannot agree on the amount by which the fee is to be increased, the amount shall be determined by three arbitrators, appointed as follows:

1.  One arbitrator appointed by the board.

2.  One arbitrator appointed by the party from whom the fee is receivable.

3.  One arbitrator appointed by the arbitrators appointed under paragraphs 1 and 2.

(6) The decision of the arbitrators or a majority of them is final and binding on the board and on the party from whom the fee is receivable.

(7) Subject to subsection (8), if the board has entered into an agreement under subsection 188 (1.7) of the Act with an entity referred to in paragraph 1 of subsection 188 (1) of the Act, and the board agrees to provide supports and services prescribed under section 8 of Ontario Regulation 261/19 (Reciprocal Education Approach) made under the Act, the fee may be increased by an amount that is set out in the agreement.

(8) The fee in respect of the services and supports referred to in subsection (7) shall not exceed the following amounts:

1.  With respect to the services and supports referred to in paragraph 1 of subsection 8 (1) of Ontario Regulation 261/19, the fee shall not exceed $28,518.

2.  With respect to the services and supports referred to in paragraph 2 of subsection 8 (1) of Ontario Regulation 261/19, the fee shall not exceed the cost of the equipment less $800.

(9) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies.

Fees, residing in Ontario

4. (1) This section applies in respect of the following pupils:

1.  A pupil described in subsection 46 (2) of the Act who,

i.  is enrolled in a day school program in a school of a district school board or an isolate board, and

ii.  resides in a school section, separate school zone or secondary school district in which the pupil’s parent or guardian resides, on land that is exempt from taxation for the purposes of any board.

2.  A pupil described in subsection 49 (5) of the Act who,

i.  is not a pupil described in clause (a) of the definition of “other pupil” in subsection 82 (1) of the grant regulation,

ii.  is enrolled in a day school program in a school of a district school board or an isolate board, and

iii.  resides on a reserve, within the meaning of the Indian Act (Canada), on which the pupil’s parent or guardian resides.

(2) The fee that a board shall charge in respect of a pupil described in subsection (1) to the parent or guardian is $40 for each month or part of a month the pupil is enrolled in a school of the board.

(3) A board charging a parent or guardian a fee of $40 for any month or part of a month under subsection (2) in respect of a pupil described in subsection (1) who is enrolled in a school of the board shall not charge the parent or guardian any fee under subsection (2) for the same month or part of a month in respect of another pupil described in subsection (1) who is enrolled in a school of the board.

(4) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies.

Fees, not residing in Ontario

5. (1) The fee in respect of a pupil referred to in subsection (2) who is enrolled in a day school program in a school of a district school board or an isolate board is an amount determined by the board that does not exceed the maximum fee determined under subsection (4) or (5).

(2) This section applies in respect of a pupil whose parent or guardian does not reside in Ontario and,

(a)  who was not a pupil of a board for the purposes of Ontario Regulation 616/21 (Grants for Student Needs — Legislative Grants for the 2021-2022 School Board Fiscal Year) made under the Act and is attending school this fiscal year in person; or

(b)  who is a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) and is attending school this fiscal year solely through online or remote learning.

(3) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies.

(4) Except as is provided in subsection (5), the maximum fee is the amount calculated as follows:

1.  Take the amount calculated under subsection (6) in respect of the pupil.

2.  Multiply the amount obtained under paragraph 1 by 0.1.

3.  Multiply the result obtained under paragraph 2 by the number of months or partial months during which the pupil is enrolled in a school of the board.

(5) If a party from whom a fee is payable requests, or if the board recommends and that party agrees, that the board provide an educational program, service or equipment for a pupil described in subsection (1), the fee in respect of the pupil may be increased as follows:

1.  If the board does not receive any funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment.

2.  If the board receives partial funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment that exceeds the amount received in the base fee.

(6) The amount referred to in paragraph 1 of subsection (4) in respect of the pupil is calculated by multiplying the day school A.D.E. of the pupil by the sum of the P.A.C. for the pupil and the base fee for the board as set out in,

(a)  Column 2 of Table 1, in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board;

(b)  Column 3 of Table 1, in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board; or

(c)  Column 2 of Table 2, in the case of a pupil who is enrolled in a school operated by an isolate board.

(7) The day school A.D.E. of a pupil referred to in subsection (6) is the day school A.D.E. of other pupils of the board, calculated as if the pupil were the board’s only pupil.

Fees, non-resident

6. (1) The fee in respect of a pupil referred to in subsection (2) who is enrolled in a day school program in a school of a district school board or an isolate board is the amount determined in accordance with a fees policy developed for the purposes of this section by the board that operates the school in which the pupil is enrolled.

(2) This section applies in respect of a pupil whose parent or guardian is not a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) and,

(a)  who does not reside in Ontario; and

(b)  who is attending school this fiscal year solely through online or remote learning.

(3) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies.

(4) A board’s fee policy must not authorize a fee in respect of an elementary school pupil that is less than the amount that would be calculated under subsection 5 (6) in respect of an elementary school pupil, if that subsection had applied to the pupil.

(5) A board’s fee policy must not authorize a fee in respect of a secondary school pupil that is less than the amount that would be calculated under subsection 5 (6) in respect of a secondary school pupil, if that subsection had applied to the pupil.

Fees, s. 68 boards

7. (1) The fee in respect of a pupil who is enrolled in a day school program in a school operated by a section 68 board and whose parent or guardian does not reside in Ontario is the amount determined as follows:

1.  Take the expenditure of the board for the fiscal year that is acceptable to the Minister for grant purposes, excluding,

i.  expenditures for debt charges,

ii.  expenditures for the purchase of capital assets, as determined under the grant regulation, and

iii.  expenditures for the restoration of destroyed or damaged capital assets, as determined under the grant regulation.

2.  Deduct the revenue of the board for the fiscal year from,

i.  any organization on whose property a school of the board is located, and

ii.  refunds of expenditure of the kind described in subparagraph 1 i, ii or iii.

3.  Determine the number of pupil days for the period from September 1, 2022 to August 31, 2023 by adding, for each instructional day in that period, the number of pupils enrolled in schools of the board who receive instruction on that day.

4.  Divide the amount obtained under paragraph 2 by the total number of pupil days determined under paragraph 3.

5.  Multiply the result obtained under paragraph 4 by the number of instructional days for which the pupil is enrolled in a school of the board during the same period.

(2) This section does not apply to a pupil to whom subsection 49 (6) of the Act applies.

Fees, pupils to whom s. 49 (6) of the Act applies

8. (1) The fee in respect of a pupil who is enrolled in a day school program and to whom subsection 49 (6) of the Act applies is the amount determined in accordance with a fees policy developed for the purposes of this section by the board that operates the school in which the pupil is enrolled.

(2) A board’s fee policy must not authorize a fee in respect of an elementary school pupil that is less than the amount that would be calculated under subsection 5 (6) in respect of an elementary school pupil, if that subsection had applied to the pupil and subsection 49 (6) of the Act had not applied to the pupil.

(3) A board’s fee policy must not authorize a fee in respect of a secondary school pupil that is less than the amount that would be calculated under subsection 5 (6) in respect of a secondary school pupil, if that subsection had applied to the pupil and subsection 49 (6) of the Act had not applied to the pupil.

Fees, summer school and continuing education

9. (1) The fee in respect of a pupil to whom subsection 49 (6) of the Act applies and who is enrolled in a summer school or continuing education class or course provided by a district school board or an isolate board is the amount determined by the board.

(2) The fee referred to in subsection (1) in respect of a pupil enrolled in a continuing education class or course of the board shall not be less than the fee determined by applying paragraphs 1 to 3 of subsection (4).

(3) The fee referred to in subsection (1) in respect of a pupil enrolled in a summer school class or course of the board shall not be less than the fee determined by applying paragraphs 1 to 3 of subsection (6).

(4) The fee in respect of a pupil described in clause (a) or (c) of the definition of “other pupil” in subsection 82 (1) of the grant regulation who is enrolled in a continuing education class or course provided by a district school board or an isolate board is such amount as may be agreed on by the board and the party from whom the fee is receivable or, in the absence of an agreement, the amount determined as follows:

1.  Estimate the expenses of the board in the fiscal year for continuing education classes or courses.

2.  Divide the amount estimated under paragraph 1 by the continuing education A.D.E. of all pupils of the board, determined under sections 94 to 97 of the grant regulation.

3.  Multiply the result obtained under paragraph 2 by the continuing education A.D.E. of the pupil, determined under sections 94 to 97 of the grant regulation.

(5) For the purposes of subsection (4),

(a)  the continuing education A.D.E. of all pupils of a board is the sum of the average daily enrolments determined for the board under sections 95 and 96 of the grant regulation;

(b)  the continuing education A.D.E. of a pupil is the continuing education A.D.E. of other pupils of the board, determined under sections 94 to 97 of the grant regulation and calculated as if the pupil were the board’s only pupil; and

(c)  the continuing education A.D.E. of all pupils of a board is determined using an estimate of the variables referred to in section 95 of the grant regulation.

(6) The fee in respect of a pupil described in clause (c) of the definition of “other pupil” in subsection 82 (1) of the grant regulation who is enrolled in a summer school class or course provided by a district school board or an isolate board is such amount as may be agreed on by the board and the party from whom the fee is receivable or, in the absence of an agreement, the amount determined as follows:

1.  Estimate the expenses of the board in the fiscal year for summer school classes or courses.

2.  Divide the amount estimated under paragraph 1 by the summer school A.D.E. of all pupils of the board, determined under sections 98 to 101 of the grant regulation.

3.  Multiply the result obtained under paragraph 2 by the summer school A.D.E. of the pupil, determined under sections 98 to 101 of the grant regulation.

(7) For the purposes of subsection (6),

(a)  the summer school A.D.E. of all pupils of a board is the sum of the average daily enrolments determined for the board under sections 99 and 100 of the grant regulation;

(b)  the summer school A.D.E. of a pupil is the summer school A.D.E. of other pupils of the board, determined under sections 98 to 101 of the grant regulation and calculated as if the pupil were the board’s only pupil; and

(c)  the summer school A.D.E. is determined by using an estimate of the variables referred to in section 99 of the grant regulation.

(8) An estimate referred to in this section is an estimate that is required to be submitted under subsection 232 (6) of the Act.

No fee between boards

10. No fee is payable under this Regulation by one board to another board.

11. Omitted (provides for coming into force of provisions of this Regulation).

TABLE 1
DISTRICT SCHOOL BOARD BASE FEES

Item	Column 1 Name of board	Column 2 Elementary school pupil base fee, in dollars	Column 3 Secondary school pupil base fee, in dollars
1.	Algoma District School Board	13,561	15,609
2.	Algonquin and Lakeshore Catholic District School Board	12,047	12,452
3.	Avon Maitland District School Board	11,884	13,220
4.	Bluewater District School Board	11,261	12,412
5.	Brant Haldimand Norfolk Catholic District School Board	11,514	11,708
6.	Bruce-Grey Catholic District School Board	12,766	13,280
7.	Catholic District School Board of Eastern Ontario	12,150	12,894
8.	Conseil des écoles publiques de l’Est de l’Ontario	13,710	15,385
9.	Conseil scolaire catholique MonAvenir	14,022	15,313
10.	Conseil scolaire catholique Providence	14,249	16,893
11.	Conseil scolaire de district catholique de l’Est ontarien	14,035	15,911
12.	Conseil scolaire de district catholique des Aurores boréales	30,109	31,709
13.	Conseil scolaire de district catholique des Grandes Rivières	17,145	21,577
14.	Conseil scolaire de district catholique du Centre-Est de l’Ontario	13,129	14,083
15.	Conseil scolaire de district catholique du Nouvel-Ontario	16,522	20,968
16.	Conseil scolaire de district catholique Franco-Nord	17,878	21,437
17.	Conseil scolaire de district du Grand Nord de l’Ontario	19,252	29,354
18.	Conseil scolaire de district du Nord-Est de l’Ontario	18,989	35,300
19.	Conseil scolaire Viamonde	14,175	18,267
20.	District School Board of Niagara	11,195	11,546
21.	District School Board Ontario North East	14,954	16,735
22.	Dufferin-Peel Catholic District School Board	11,483	11,553
23.	Durham Catholic District School Board	11,049	11,687
24.	Durham District School Board	10,854	11,494
25.	Grand Erie District School Board	11,413	12,161
26.	Greater Essex County District School Board	11,531	11,969
27.	Halton Catholic District School Board	10,771	10,920
28.	Halton District School Board	10,840	10,999
29.	Hamilton-Wentworth Catholic District School Board	11,399	11,781
30.	Hamilton-Wentworth District School Board	11,508	11,454
31.	Hastings and Prince Edward District School Board	11,913	12,924
32.	Huron Perth Catholic District School Board	13,075	13,207
33.	Huron-Superior Catholic District School Board	15,621	16,865
34.	Kawartha Pine Ridge District School Board	11,027	11,628
35.	Keewatin-Patricia District School Board	16,927	18,857
36.	Kenora Catholic District School Board	19,483	19,191
37.	Lakehead District School Board	12,936	13,146
38.	Lambton Kent District School Board	11,732	12,399
39.	Limestone District School Board	11,813	12,874
40.	London District Catholic School Board	11,112	11,506
41.	Near North District School Board	13,379	14,206
42.	Niagara Catholic District School Board	11,559	11,778
43.	Nipissing-Parry Sound Catholic District School Board	15,370	15,656
44.	Northeastern Catholic District School Board	17,123	17,634
45.	Northwest Catholic District School Board	20,118	0
46.	Ottawa-Carleton District School Board	11,411	11,882
47.	Ottawa Catholic District School Board	11,370	12,029
48.	Peel District School Board	11,431	11,326
49.	Peterborough Victoria Northumberland and Clarington Catholic District School Board	11,299	12,096
50.	Rainbow District School Board	12,668	13,428
51.	Rainy River District School Board	18,917	20,977
52.	Renfrew County Catholic District School Board	13,990	14,257
53.	Renfrew County District School Board	12,799	14,606
54.	Simcoe County District School Board	10,844	11,216
55.	Simcoe Muskoka Catholic District School Board	11,130	11,877
56.	St. Clair Catholic District School Board	12,056	12,838
57.	Sudbury Catholic District School Board	13,139	13,736
58.	Superior-Greenstone District School Board	23,148	33,239
59.	Superior North Catholic District School Board	28,891	0
60.	Thames Valley District School Board	11,004	11,417
61.	Thunder Bay Catholic District School Board	13,567	13,858
62.	Toronto Catholic District School Board	12,069	12,098
63.	Toronto District School Board	12,222	12,315
64.	Trillium Lakelands District School Board	12,001	12,285
65.	Upper Canada District School Board	11,739	13,243
66.	Upper Grand District School Board	11,068	11,416
67.	Waterloo Catholic District School Board	11,169	11,322
68.	Waterloo Region District School Board	11,157	11,109
69.	Wellington Catholic District School Board	11,948	12,536
70.	Windsor-Essex Catholic District School Board	11,452	11,931
71.	York Catholic District School Board	11,213	11,446
72.	York Region District School Board	11,141	11,409

O. Reg. 16/23, s. 1.

Table 2
ISOLATE BOARD BASE FEES

Item	Column 1 Name of board	Column 2 Pupil base fee, in dollars
1.	James Bay Lowlands Secondary School Board	30,010
2.	Moose Factory Island District School Area Board	21,059
3.	Moosonee District School Area	22,917
4.	Protestant Separate School Board of the Town of Penetanguishene	15,072

O. Reg. 16/23, s. 1.