Education Act
ONTARIO REGULATION 486/98
CALCULATION OF AMOUNT OF RESERVE RESULTING FROM STRIKE OR LOCK-OUT
Note: On September 1, 2010, the title is revoked and the following substituted:
BOARD EXPENSES NOT INCURRED BY REASON OF STRIKE OR LOCK-OUT
See: O. Reg. 192/10, ss. 1, 3.
Historical version for the period June 4, 2010 to August 31, 2010.
Last amendment: O. Reg. 192/10.
This is the English version of a bilingual regulation.
1. (1) The amount that a board shall place in a reserve under section 233 of the Act shall be calculated as follows:
Note: On September 1, 2010, subsection (1) is amended by striking out the portion before paragraph 1 and substituting the following:
(1) The expenses of a board that are not incurred in a fiscal year by reason of a strike or lock-out affecting the operations of the board shall be calculated as follows:
See: O. Reg. 192/10, ss. 2 (1), 3.
1. Determine the total of the salaries, wages and fringe benefits,
i. that are in effect on the day that the strike or lock-out commences,
ii. that are included in the estimates of the board in the fiscal year, and
iii. that are not payable, or are payable but reimbursable, to or in respect of employees of the board, or any class of them, in respect of the period of a strike by or lock-out of those employees, or any such class of them, that occurs in the fiscal year.
Note: On September 1, 2010, subsection (1) is amended by adding the following paragraph:
1.1 Add the total of the amounts,
i. that are not described in paragraph 1,
ii. that would be payable by the board in the fiscal year under an agreement in effect on the day the strike or lock-out commences,
iii. that are included in the estimates of the board in the fiscal year, and
iv. that are not payable, or are payable but reimbursable, under the terms of the agreement by reason of a strike or lock-out resulting in the reduction in or interruption of service.
See: O. Reg. 192/10, ss. 2 (2), 3.
2. Subtract from that amount the expenditures incurred in the fiscal year by the board that are approved by the Minister. O. Reg. 486/98, s. 1 (1).
Note: On September 1, 2010, paragraph 2 is amended by striking out “expenditures” and substituting “expenses”. See: O. Reg. 192/10, ss. 2 (3), 3.
(2) The Minister shall approve expenditures under paragraph 2 of subsection (1) if they are necessarily incurred by the board in connection with the strike or lock-out and the amount of those expenditures is reasonable in the circumstances. O. Reg. 486/98, s. 1 (2).
Note: On September 1, 2010, subsection (2) is amended by striking out “expenditures” wherever it appears and substituting in each case “expenses”. See: O. Reg. 192/10, ss. 2 (4), 3.
(3) If actual financial data required for a calculation under this Regulation are not available when the calculation is required to be made, estimated data shall be used. O. Reg. 486/98, s. 1 (3).
