O. Reg. 27/16: RESTRICTED PURPOSE REVENUES

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ontario regulation 27/16

made under the

Education Act

Made: January 30, 2016
Filed: February 12, 2016
Published on e-Laws: February 12, 2016
Printed in The Ontario Gazette: February 27, 2016

Amending O. Reg. 193/10

(RESTRICTED PURPOSE REVENUES)

1. Section 1 of Ontario Regulation 193/10 is amended by adding the following definitions:

“capital asset cost”, in respect of a fiscal year, has the same meaning as “capital asset cost” or as “capital asset addition”, as the case may be, in the legislative grant regulation for the fiscal year; (“coût d’immobilisations”)

“school renewal expenditure” is an expenditure by a board that relates to a thing set out in subsection 6.2 (2). (“dépense de réfection des écoles”)

2. Section 2 of the Regulation is amended by striking out “Nothing in this Regulation” at the beginning and substituting “Subject to subsection 4 (3), nothing in this Regulation”.

3. (1) Subparagraph 2 i of subsection 4 (1) of the Regulation is amended by striking out “within the meaning of subsection (3)” at the end.

(2) Subsection 4 (4) of the Regulation is revoked.

4. Subsection 4.1 (2) of the Regulation is revoked and the following substituted:

(2) An expenditure by a board is a school condition improvement expenditure if it meets the following criteria:

1. It is a school renewal expenditure.

2. It meets the criteria set out in subparagraphs 1 i, ii and iii of subsection 6.2 (1).

5. (1) Subsection 6.2 (1) of the Regulation is revoked and the following substituted:

(1) Subject to subsection (5), a district school board shall use all proceeds of sales, capital leases and other dispositions of real property only for the following purposes:

1. Acquiring by purchase, capital lease or otherwise the things listed in subsection (2), if the costs to acquire those things meet all of the following criteria:

i. The cost is a capital asset cost.

ii. The cost is not incurred for increasing the gross floor area of a building.

iii. The cost is not incurred for retrofitting or repairing temporary pupil accommodations.

2. Subject to subsections (6) to (8), acquiring by purchase, capital lease or otherwise, real property to be used by the board for board administration purposes, and additions, alterations, renovations or major repairs to real property used by the board for those purposes.

(2) Subsection 6.2 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) The following are the things referred to in paragraph 1 of subsection (1):

(3) Paragraph 1 of subsection 6.2 (2) of the Regulation is revoked and the following substituted:

1. Improvements to school sites.

(4) Subsection 6.2 (3) of the Regulation is revoked.

(5) Section 6.2 of the Regulation is amended by adding the following subsections:

(4.1) If a district school board uses the proceeds referred to in subsections (1) to (4) in a fiscal year, those proceeds shall be used in accordance with the following rules:

1. The board shall use at least 80 per cent of the proceeds used in that fiscal year to pay for costs that relate to any of the following major group elements:

i. Substructure.

ii. Shell.

iii. Services.

2. The board shall not use more than 20 per cent of the proceeds used in that fiscal year to pay for costs that relate to any of the following major group elements:

i. Interiors.

ii. Equipment and furnishing, excluding moveable furnishings.

iii. Special construction and demolition.

iv. Building sitework.

(4.2) For the purposes of subsection (4.1), major group elements shall be determined and classified in accordance with the American Society for Testing and Materials (ASTM) E1557 Standard Classification for Building Elements and Related Sitework - Uniformat II, as it read on September 1, 2015.

(6) Subsection 6.2 (6) of the Regulation is amended by,

(a) striking out “clause (1) (c)” and substituting “paragraph 2 of subsection (1)”; and

(b) adding “capital” before “leases”.

(7) Subsection 6.2 (9) is amended by striking out “clause (1) (c)” in the portion before paragraph 1 and substituting “paragraph 2 of subsection (1)”.

(8) Subparagraph 1 i of subsection 6.2 (9) is amended by striking out “clause (1) (c)” and substituting “paragraph 2 of subsection (1)”.

(9) Subparagraph 3 ii of subsection 6.2 (9) is amended by striking out “clause (1) (c)” and substituting “paragraph 2 of subsection (1)”.

Commencement

6. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

La Ministre de l’Éducation,

 

Liz Sandals

Minister of Education

Date made: January 30, 2016.
Pris le : 30 janvier 2016.

 

 

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