Education Act
ONTARIO REGULATION 284/98
Amended to O. Reg. 222/04
CALCULATION OF FEES FOR PUPILS FOR THE PERIOD JANUARY 1, 1998 TO AUGUST 31, 1998
Note: This Regulation was revoked on August 13, 2004. See: O. Reg. 222/04, s. 1.
This is the English version of a bilingual regulation.
Interpretation
1. (1) In this Regulation,
“continuing education A.D.E.”, for a board, means the continuing education average daily enrolment for the board, as calculated under section 3 of the short year A.D.E. regulation; (“effectif quotidien moyen de l’éducation permanente”)
“day school A.D.E.”, for a board, means the day school average daily enrolment for the board, as calculated under section 2 of the short year A.D.E. regulation; (“effectif quotidien moyen de jour”)
“high cost program” means,
(a) a special education program, other than a program provided in a school of a board in lieu of an education program provided by a provincial school for the blind and deaf or other similar program for which a legislative grant is payable, or
(b) a technological education program that qualifies for one or more credits toward the secondary school graduation diploma or the Ontario secondary school diploma; (“programme à coût élevé”)
“P.A.C.”, for a pupil, means the pupil accommodation charge for a pupil as determined under subsections (3) and (4); (“frais de pension”)
“section 68 board” means a board established under section 68 of the Act; (“conseil créé en vertu de l’article 68”)
“short year A.D.E. regulation” means Ontario Regulation 283/98. (“règlement sur l’effectif quotidien moyen de l’année abrégée”)
(2) For the purposes of this Regulation, the day school A.D.E. of a pupil enrolled in a school operated by a board is the day school A.D.E. for the board calculated as if that pupil were the board’s only pupil.
(3) Subject to subsection (4), the P.A.C. for a pupil is the product of the day school A.D.E. of the pupil and $141 in the case of an elementary school pupil or $282 in the case of a secondary school pupil.
(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 P.A.C. for each pupil accommodated as a result of the agreement is zero. O. Reg. 284/98, s. 1.
Application
2. This Regulation applies in respect of the period January 1, 1998 to August 31, 1998. O. Reg. 284/98, s. 2.
Fees Paid to Boards other than Section 68 Boards — General
3. (1) This section applies in respect of a pupil who is enrolled in a school operated by a board, other than a section 68 board, if a fee in respect of the pupil is receivable by the board from,
(a) another board;
(b) the Crown in right of Canada;
(c) 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) This section also applies in respect of a pupil who is enrolled in a school operated by a board, other than a section 68 board, if subsection 49 (6) of the Act applies to the pupil.
(3) The fee in respect of a pupil described in subsection (1) or (2) shall be calculated as follows:
1. Take the amount calculated for the old board that operated the school in 1997 under paragraphs 1 to 4 of subsection 3 (1) of Ontario Regulation 81/97, except that the current cost of operating used in the calculation shall be increased by the excess described as B in the definition of “maximum recognized day school O.E.” in Ontario Regulation 78/97, as calculated for the old board that operated the school in 1997.
2. Multiply the day school A.D.E. of the pupil by the sum of,
i. the amount determined under paragraph 1, and
ii. the P.A.C.for that pupil.
(4) The fee in respect of a pupil referred to in subsection (1) or (2) who is enrolled in a Native language program and whose fee is receivable from the Crown in right of Canada or from 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, may, at the option of the board, be increased by an amount equal to the portion of the eligible sum for Native as a second language that would be generated for the pupil if he or she were a resident pupil of the board.
(5) For the purposes of subsection (4), the eligible sum for Native as a second language is,
(a) in respect of an elementary school pupil,
(i) $219, where the pupil is enrolled in a Native language program for an average of 20 or more minutes but less than 40 minutes per school day, or
(ii) $389, where the pupil is enrolled in a Native language program for an average of 40 or more minutes per school day; and
(b) in respect of a secondary school pupil enrolled in a Native language program, the product obtained by multiplying the number of credits or credit equivalents that may be granted to the pupil for the program by,
(i) $57 in the case of a program offered in the intermediate division, or
(ii) $75 in the case of a program offered in the senior division.
(6) The fee in respect of a pupil referred to in subsection (1) or (2) who is enrolled in a high cost program may, at the option of the board, be increased by multiplying the fee by a factor agreed on by the board providing the instruction and the party from whom the fee is receivable or, in the absence of agreement, by a factor determined in accordance with subsection (7).
(7) If the board providing the instruction and the party from whom the fee is receivable cannot agree on a factor, the factor shall be determined by three arbitrators, appointed as follows:
1. One arbitrator shall be appointed by the board that provides the instruction.
2. One arbitrator shall be appointed by the party from whom the fee is receivable.
3. One arbitrator shall be appointed by the arbitrators appointed under paragraphs 1 and 2.
(8) The decision of the arbitrators or a majority of them is final and binding on the board providing the instruction and the party from whom the fee is receivable.
(9) The number of pupils in a high cost program provided by the board in respect of whom the fee receivable by the board from one party may be increased under subsection (6) or (7) shall not exceed the amount obtained by,
(a) multiplying the day school A.D.E. of the pupils in respect of whom fees are receivable by the board from the party by the ratio of the day school A.D.E. of the pupils registered in the high cost program to the day school A.D.E.of the pupils enrolled in schools operated by the board; and
(b) subtracting the product obtained under clause (a) from the day school A.D.E. of the pupils registered in the high cost program in respect of whom fees are receivable by the board from the party. O. Reg. 284/98, s. 3.
4. (1) Despite subsection 3 (1), the fee in respect of a pupil who is 21 years of age or more on December 31, 1997 and who is enrolled in a secondary school and is referred to in subsection 3 (1), shall be equal to the product of the day school A.D.E. of the pupil and the sum of $2,257 and the P.A.C. for the pupil or such other amount that is agreed on by the board providing the instruction and the party from whom the fee is receivable.
(2) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies or in respect of a pupil enrolled in a school operated by a section 68 board. O. Reg. 284/98, s. 4.
Fees Paid to Section 68 Boards
5. The fee in respect of a pupil enrolled in a school operated by a section 68 board shall be calculated as follows:
1. Take the board’s cost of operating for the short year.
2. Deduct the legislative grants payable to the board for the short year.
3. Divide by the sum of the days for which each pupil of the school is enrolled at the school.
4. Multiply by the number of days for which the pupil whose fee is being calculated is enrolled at the school. O. Reg. 284/98, s. 5.
Fees Charged to Persons Residing in Ontario
6. (1) This section does not apply in respect of a pupil whose fee is receivable from another board, from the Crown in right of Canada or from 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 charged in respect of a pupil enrolled in a school of a board, other than a section 68 board, to a parent or guardian who is resident in Ontario shall not exceed the fee referred to in subsection (3) or (4), as the case requires.
(3) The fee in respect of a pupil enrolled in a school of a board who resides with his or her parent or guardian in a school section, separate school zone or secondary school district on land that is exempt from taxation for school purposes shall not exceed $74 for each month or part of a month the pupil is enrolled in a school operated by the board.
(4) In the case of a pupil enrolled in a school of a board who is qualified to be a resident pupil of a school section, separate school zone or secondary school district, the fee in respect of the pupil shall not exceed, for each month or part of a month the pupil is enrolled in a school operated by the board, the amount charged by the board that the school in 1997 as determined under subsection 5 (4) of Ontario Regulation 81/97.
(5) If a pupil is enrolled in a high cost program, the amount calculated under subsection (4) may, at the option of the board, be increased by an amount that does not exceed the additional cost to the board of providing the high cost program to the pupil. O. Reg. 284/98, s. 6.
Fees Charged to Parents not Residing in Ontario
7. (1) The fee in respect of a pupil who is enrolled in a school of a board, other than a section 68 board, and whose parent or guardian does not reside in Ontario shall be such fee as the board may determine, but shall not exceed the maximums set by subsections (2) and (3).
(2) Except as is provided in subsection (3), the fee in respect of a pupil who is enrolled in a school of a board and whose parent or guardian does not reside in Ontario shall not exceed the amount calculated as follows:
1. Add the amount determined under paragraph 1 of subsection 3 (3) and the P.A.C. for 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 part months during which the pupil is enrolled in a school operated by the board.
(3) Where the pupil is enrolled in a high cost program, the maximum set by subsection (2) shall be increased by an amount that does not exceed the additional cost to the board of providing the high cost program to the pupil.
(4) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies. O. Reg. 284/98, s. 7.
Fees for Programs in Facilities
8. (1) The fee charged by a board other than a section 68 board in respect of a pupil who is not qualified to be a resident pupil of the board and for whom an educational program is provided by the board in a hospital or treatment centre shall be such fee as may be agreed on between the board that provides the program and,
(a) the board of which the pupil is qualified to be a resident pupil; or
(b) if the pupil is not qualified to be a resident pupil of a board, the parent or guardian of the pupil.
(2) Subsection (1) does not apply to a board that provides the educational program if the board received a grant under section 27 of Ontario Regulation 78/97 with respect to the educational program.
(3) Subsection (1) applies despite subsection 3 (2). O. Reg. 284/98, s. 8.
Fees for Continuing Education and Summer School
9. Despite sections 3 to 8, the fee charged by a board in respect of a pupil who is enrolled in a continuing education program or a summer school operated by the board shall be such as the board providing the instruction may determine except that the fee shall not exceed the product of,
(a) the continuing education A.D.E. of the pupil; and
(b) the quotient obtained by dividing the expenditure of the board for continuing education and summer school courses or classes for the period January 1, 1998 to August 31, 1998 by the continuing education A.D.E.of the board. O. Reg. 284/98, s. 9.
