O. Reg. 355/24: RESTRICTED PURPOSE REVENUES

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ontario regulation 355/24

made under the

Education Act

Made: September 10, 2024
Filed: September 11, 2024
Published on e-Laws: September 12, 2024
Published in The Ontario Gazette: September 28, 2024

Amending O. Reg. 193/10

(RESTRICTED PURPOSE REVENUES)

1. Section 2 of Ontario Regulation 193/10 is amended by striking out “Subject to subsection 4 (3)” at the beginning and substituting “Except as otherwise specified”.

2. Paragraphs 1 to 3 of section 3 of the Regulation are revoked and the following substituted:

1.  Take the amounts determined for internal audits (part of the board’s administration and governance allocation) under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years.

2.  If applicable, add the portion of the amounts determined for the OMERS contributions supplement (part of the grant payable to the board) under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years that is attributable to internal audits performed by a regional internal audit team.

3.  If applicable, subtract the portion of the amounts determined for public sector compensation restraint (part of the board’s cost adjustment and new teacher induction program allocation) under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years that is attributable to internal audits performed by a regional internal audit team.

4.  Add the amounts determined for the regional internal audit teams component under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years.

3. Sections 4.2 to 5.0.3 of the Regulation are revoked and the following substituted:

Retrofitting school space for child care

4.2 A board shall use the amounts determined for additions, retrofits and major renovations to school space for child care (part of the board’s pupil accommodation allocation) under the legislative grant regulations for the 2012-2013, 2013-2014 and 2014-2015 fiscal years only for the purpose of expenditures that meet either of the following criteria:

1.  The expenditures,

i.  are in respect of costs incurred by the board for new construction, additions, retrofits and major renovations to space in buildings or on real property owned, leased or otherwise acquired by the board, for the purpose of providing child care for children who are younger than 44 months of age, and

ii.  meet the criteria for capitalizing a tangible capital asset or reducing an asset retirement obligation set out in the most recent version of the document entitled “District School Board and School Authority Tangible Capital Assets: Provincial Accounting Policies and Implementation Guide”, revised April 2024, which is available on a website of the Government of Ontario.

2.  The expenditures are in respect of costs incurred by the board in respect of a child care capital project or an EarlyON child and family centres capital project set out for the board under the legislative grant regulation.

Special education

5.  A board shall use the total of the following amounts only for the purpose of special education:

1.  The amounts determined for its special education allocation under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years.

2.  If applicable, the amounts determined for the OMERS contributions supplement (part of the grant payable to the board) under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years that is attributable to special education.

3.  The amount determined for its special education fund under the legislative grant regulation for the 2024-2025 fiscal year and subsequent fiscal years.

4.  Any amount restricted under section 5.0.1, 5.0.2 or 6 that was not spent before September 1, 2024 for a purpose set out in those sections.

ABA training

5.0.1 Before September 1, 2024, a district school board shall use the ABA training component (part of the special education allocation) determined under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years only for the purpose of applied behaviour analysis training.

After-school skills development programs

5.0.2 Before September 1, 2024, a district school board shall use the amount determined for after-school skills development programs (part of the special education allocation) under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years only for the purpose of after-school skills development programs.

Northern adjustment

5.0.3 A district school board that is the lead in a regional co-operative shall use the total of the following amounts only for the purpose of the regional co-operative:

1.  The amounts determined for the northern adjustment (part of the special education allocation) under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years.

2.  The amounts determined for the northern supports amount (part of the measures of variability component) under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years.

3.  The amounts determined for the integrated supports amount (part of the measures of variability component) under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years.

4. (1) Subsections 5.2 (1) and (1.1) of the Regulation are revoked.

(2) Subsection 5.2 (1.2) of the Regulation is amended by striking out “2020-2021, 2021-2022 and 2022-2023 fiscal years” and substituting “2022-2023 fiscal year”.

(3) Subsection 5.2 (1.2.1) of the Regulation is amended by striking out “and the following fiscal years”.

(4) Subsection 5.2 (1.3) of the Regulation is amended by striking out “2020-2021 fiscal year and the following” and substituting “2022-2023 and 2023-2024”.

(5) Section 5.2 of the Regulation is amended by adding the following subsection:

(1.4) Any amount restricted under subsection (1.2), (1.2.1) or (1.3) that was not spent for a purpose set out in those subsections before September 1, 2024 shall not be restricted after that date.

5. Sections 5.3 and 5.4 of the Regulation are revoked and the following substituted:

Library staff

5.3 (1) A district school board shall use the amount determined for library staff (part of the school foundation allocation) under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years only for the purpose of paying the salaries and benefits of library staff.

(2) Any amount restricted under subsection (1) that was not spent for a purpose set out in that subsection before September 1, 2024 shall not be restricted after that date.

6. (1) Subsections 5.5 (1) to (4) of the Regulation are revoked and the following substituted:

(1) A district school board shall use the total of the amounts determined or taken under this section only for the purpose of a board action plan.

(2) Subsection 5.5 (5) of the Regulation is amended by striking out the portion before the formula and substituting the following:

(5) For the 2022-2023 and 2023-2024 fiscal years, determine an amount as follows:

. . . . .

(3) Subsection 5.5 (6) of the Regulation is amended by striking out the portion before the formula and substituting the following:

(6) For the 2022-2023 and 2023-2024 fiscal years, determine an amount as follows:

. . . .  .

(4) Subsection 5.5 (7) of the Regulation is revoked and the following substituted:

(7) For the 2022-2023 and 2023-2024 fiscal years, take the board action plan amount (part of the board’s Indigenous education supplemental allocation) determined under the legislative grant regulation for the fiscal year.

(8) For the 2024-2025 fiscal year and subsequent fiscal years, determine an amount as follows:

A – B

in which

  “A”  is the maximum amount determined for the Indigenous education lead component under the legislative grant regulation for the fiscal year, and

  “B”  is the expenses of the board to pay for the salaries, benefits, travel and professional development of the Indigenous education lead, if any.

If A – B is negative, it is deemed to be zero.

(9) For the 2024-2025 fiscal year and subsequent fiscal years, determine an amount as follows:

A + B + C – D

in which

  “A”  is the Indigenous languages component for elementary school pupils under the legislative grant regulation for the fiscal year,

  “B”  is the Indigenous languages component for secondary school pupils under the legislative grant regulation for the fiscal year,

  “C”  is the First Nations, Métis and Inuit studies component under the legislative grant regulation for the fiscal year, and

  “D”  is the expenses of the board to pay for the salaries and benefits incurred in relation to the provision of instruction in the subject of an Indigenous language or First Nations, Métis and Inuit studies.

If A + B + C – D is negative, it is deemed to be zero.

(10) For the 2024-2025 fiscal year and subsequent fiscal years, take the board action plan component determined under the legislative grant regulation for the fiscal year.

7. Sections 5.5.1 and 5.5.2 of the Regulation are revoked and the following substituted:

Indigenous languages and board action plan

5.5.1 A district school board shall use the total of the following amounts only for the purpose of paying the salaries and benefits incurred in relation to the provision of instruction in the subject of an Indigenous language and for the purpose of the board action plan:

1.  Indigenous language amount for elementary school pupils (part of the board’s Indigenous education supplemental allocation) determined under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years.

2.  Indigenous language amount for secondary school pupils (part of the board’s Indigenous education supplemental allocation) determined under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years.

3.  Indigenous languages component for elementary school pupils determined under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years.

4.  Indigenous languages component for secondary school pupils determined under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years.

First Nations, Métis and Inuit studies and board action plan

5.5.2 A district school board shall use the total of the following amounts only for the purpose of paying the salaries and benefits incurred in relation to the provision of instruction in the subject of First Nations, Métis and Inuit studies and for the purpose of the board action plan:

1.  First Nations, Métis and Inuit studies amount (part of the board’s Indigenous education supplemental allocation) determined under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years.

2.  First Nations, Métis and Inuit studies component determined under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years.

Transportation to provincial or demonstration schools

5.5.3 (1) A district school board shall use the amount determined for the transportation to provincial or demonstration schools allocation under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years only for the purpose of eligible expenses for transportation to and from a school of the Centre Jules-Léger Consortium, 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.

(2) An expense is an eligible expense in a year for the purpose of subsection (1) if it is an expense approved by the Minister for the purpose of the transportation to provincial and demonstration schools allocation of the grant regulation for the fiscal year.

Student transportation and school facilities — spending limit

5.5.4 For the 2024-2025 fiscal year and subsequent fiscal years, a district school board shall not use more than the amount calculated as follows for the purpose of student transportation and school facilities:

1.  Take the amount determined for the student transportation fund under the legislative grant regulations.

2.  Add the amount determined for the school facilities fund under the legislative grant regulations.

3.  Add the product of 0.05 and the total amount determined for the classroom staffing fund, the learning resources fund and the special education fund under the legislative grant regulations.

8. Subsection 5.6 (1) of the Regulation is revoked and the following substituted:

Rural and northern education

(1) A district school board shall use the total of the following amounts only for the purpose of expenditures described in subsection (2) that are incurred by the board in relation to a school included in the document entitled “List of Schools Eligible for Rural and Northern Education Allocation”, revised August 2024, which is available on a website of the Government of Ontario, other than a school added to that document as part of an amendment that became effective after that fiscal year:

1.  The amounts determined for the rural and northern allocation under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years.

2.  The amounts determined for the rural and northern education allocation under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years.

9. Subsection 5.7 (1) of the Regulation is revoked and the following substituted:

Mental health workers staff

(1) A district school board shall use the total of the following amounts only for the purpose of paying the salaries, benefits or wages of health professionals who provide mental health services for secondary school pupils:

1.  The mental health workers staffing component amount (part of the mental health and well-being allocation) determined under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years.

2.  The mental health workers staff component determined under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years.

10. Sections 5.8 and 5.9 of the Regulation are revoked and the following substituted:

Mental health and wellness

5.8 A district school board shall use the total of the following amounts only for the purpose of school-based or board-based mental health staffing, programs or initiatives:

1.  The sum of the following amounts (all part of the mental health and well-being allocation) determined under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years:

i.  The data and information collection component amount.

ii.  The supporting student mental health amount.

iii.  The fostering the resilience and mental well-being of all students amount.

iv.  The implementation of evidence-based mental health programs and resources amount.

2.  The amount determined for the mental health and wellness allocation under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years.

Student safety and well-being

5.8.1 A district school board shall use the amount determined for the student safety and well-being allocation under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years only for the purpose of student safety and well-being.

French as a second language, areas of intervention amount

5.9 (1) An English-language district school board shall use the total of the following amounts only for the purpose of expenditures related to French as a second language programs or initiatives in accordance with the document set out in subsection (2):

1.  The areas of intervention amount (part of the language allocation) determined under the legislative grant regulations for the 2022-2023 and 2023-2024 fiscal years.

2.  The areas of intervention amount (part of the LRF – FSL component) determined under the legislative grant regulations for the 2024-2025 fiscal year and subsequent fiscal years.

(2) For the purpose of subsection (1),

(a)  for the 2022-2023 fiscal year, the document is entitled “2022-2023 French as a Second Language Funding - Areas of Intervention Eligible Activities/Expenses” which is available on a website of the Government of Ontario;

(b)  for the 2023-2024 fiscal year, the document is entitled “Eligible Activities/Expenses 2023-24 – French as a Second Language Funding Allocation: Areas of Intervention” which is available on a website of the Government of Ontario; and

(c)  for the 2024-2025 fiscal year and subsequent fiscal years, the document is entitled “Eligible Activities/Expenses 2024-25 – French as a Second Language Component: Areas of Intervention” which is available on a website of the Government of Ontario.

11. Subsection 6 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) Before September 1, 2024, a board shall use the amount calculated as follows, in respect of the 2022-2023 and 2023-2024 fiscal years, only for the purpose of special equipment:

. . . . .

Commencement

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

Made by:
Pris par :

La ministre de l’Éducation,

Jill Dunlop

Minister of Education

Date made: September 10, 2024
Pris le : 10 septembre 2024

 

 

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