EDUCATION ACT - O. Reg. 149/07

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ontario regulation 149/07

made under the

education act

Made: April 4, 2007
Filed: April 10, 2007
Published on e-Laws: April 12, 2007
Printed in The Ontario Gazette: April 28, 2007

Amending O. Reg. 341/06

(Grants for Student Needs — Legislative Grants for the 2006-2007 School Board Fiscal Year)

1. Subsection 3 (2) of Ontario Regulation 341/06 is revoked and the following substituted:

(2) The document entitled “Special Education Funding Guidelines: Special Equipment Amount (SEA) and Special Incidence Portion (SIP) 2006-07”, revised April 2007, referred to in clauses 20 (1) (a), 22 (1) (a) and 47 (2) (a), is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education, Mowat Block, 900 Bay Street, 21st Floor, Toronto, Ontario, M7A 1L2 and on the Ministry’s website at www.edu.gov.on.ca by following these links: Elementary and Secondary Education; Education Funding; Education Funding 2006-07; Special Education Funding Guidelines: Special Equipment Amount (SEA) and Special Incidence Portion (SIP) 2006-07.

2. (1) Sub-subparagraph 1 ii A of subsection 14 (1) of the Regulation is amended by adding “under subsections 331 (22) and 334 (14) of the City of Toronto Act, 2006” after “under subsections 364 (22) and 365.2 (16) of the Municipal Act, 2001”.

(2) Sub-subparagraph 1 ii C of subsection 14 (1) of the Regulation is revoked and the following substituted:

C.the total of all amounts, if any, paid to the board in respect of the 2007 calendar year under subsections 353 (4), (4.1) and 366 (3) of the Municipal Act, 2001, or under subsections 318 (4), (4.1) and 336 (3) of the City of Toronto Act, 2006,

(3) Sub-subparagraph 1 ii D of subsection 14 (1) of the Regulation is amended by striking out “section 380” and substituting “sections 380 and 380.1”.

(4) Sub-subparagraph 1 ii E of subsection 14 (1) of the Regulation is amended by adding “or under subsection 284 (1) of the City of Toronto Act, 2006” at the end.

(5) Sub-subparagraph 1 ii F of subsection 14 (1) of the Regulation is amended by adding “or under subsection 238 (2) of the City of Toronto Act, 2006” at the end.

(6) Paragraphs 7 and 8 of subsection 14 (1) of the Regulation are revoked and the following substituted:

7.Deduct 38 per cent of the total of the amounts, if any, paid by the board in respect of the 2006 calendar year under paragraph 3 of subsection 7 (4) of Ontario Regulation 3/02 (Tax Relief in Unorganized Territory for 2001 and Subsequent Years) made under the Education Act and under subsections 361 (7), 364 (11), 365 (3), 365.1 (13) to (15) and 365.2 (8) of the Municipal Act, 2001.

8.Deduct 62 per cent of the total of the amounts, if any, paid by the board in respect of the 2007 calendar year under paragraph 3 of subsection 7 (4) of Ontario Regulation 3/02 (Tax Relief in Unorganized Territory for 2001 and Subsequent Years) made under the Education Act and under subsections 361 (7), 364 (11), 365 (3), 365.1 (13) to (15) and 365.2 (8) of the Municipal Act, 2001 or under subsections 329 (6), 331 (11), 332 (2), 333 (14) and (16) and 334 (6) of the City of Toronto Act, 2006.

3. Clause 20 (1) (a) of the Regulation is amended by striking out ““Special Education Funding Guidelines: Special Equipment Amount (SEA) and Special Incidence Portion (SIP) 2006-07”” and substituting ““Special Education Funding Guidelines: Special Equipment Amount (SEA) and Special Incidence Portion (SIP) 2006-07”, revised April 2007”.

4. Clause 22 (1) (a) of the Regulation is amended by striking out ““Special Education Funding Guidelines: Special Equipment Amount (SEA) and Special Incidence Portion (SIP) 2006-07”” and substituting ““Special Education Funding Guidelines: Special Equipment Amount (SEA) and Special Incidence Portion (SIP) 2006-07”, revised April 2007”.

5. Paragraph 4 of section 32 of the Regulation is revoked and the following substituted:

4.Add to the amount determined under paragraph 3 the total of the amounts, if any, set out in Columns 6 and 7 of Table 4 opposite the name of the board set out in Column 1.

6. Paragraph 7 of section 37 of the Regulation is revoked and the following substituted:

7.Add the amount, if any, set out in Column 2 of Table 9.1 opposite the name of the board to the total of the amounts determined under paragraphs 3 and 6.

7. (1) Paragraph 1 of subsection 38 (1) of the Regulation is revoked and the following substituted:

1.The amount determined under subsection (2) for the board for board members’ and student trustees’ honoraria and expenses.

(2) Subsection 38 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) The amount for the board for board members’ and student trustees’ honoraria and expenses is determined as follows:

. . . . .

(3) Paragraphs 16 and 17 of subsection 38 (2) of the Regulation are revoked and the following substituted:

16.Determine the amount for the fiscal year of the honoraria to which student trustees of the board are entitled under subsection 55 (8) of the Act.

17.Divide the amount determined under paragraph 16 by 2 to determine the amount for student trustees’ honoraria.

18.Multiply the number of student trustees required by board policy on September 1, 2006 by $5,000, to determine the amount for student trustees’ expenses.

19.Total the amounts determined under paragraphs 14, 15, 17 and 18.

(4) The English version of paragraph 6 of subsection 38 (4) of the Regulation is amended by striking out “for the year” at the end and substituting “for the fiscal year”.

(5) Paragraph 8 of subsection 38 (4) of the Regulation is revoked and the following substituted:

8.Add 1 per cent of the total of the amounts determined for the board under subsection 39 (11) for new pupil places, subsection 39 (12) for primary class size reduction, subsection 39 (14) for growth schools, subsection 39 (16.0.1) for the capital transitional adjustment, subsection 39 (16.0.2) for the replacement of schools that are prohibitive to repair and subsection 39 (16.1) for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act.

(6) The English version of paragraph 3 of subsection 38 (5) of the Regulation is amended by striking out “for the year” at the end and substituting “for the fiscal year”.

(7) Paragraph 5 of subsection 38 (5) of the Regulation is revoked and the following substituted:

5.Add 1 per cent of the total of the amounts determined for the board under subsection 39 (11) for new pupil places, subsection 39 (12) for primary class size reduction, subsection 39 (14) for growth schools, subsection 39 (16.0.1) for the capital transitional adjustment, subsection 39 (16.0.2) for the replacement of schools that are prohibitive to repair and subsection 39 (16.1) for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act.

8. (1) Paragraph 5.1 of subsection 39 (2) of the Regulation is revoked and the following substituted:

5.1The amount for the capital transitional adjustment.

5.2The amount for the replacement of schools that are prohibitive to repair.

5.3The amount for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act.

(2) Paragraphs 20 and 21 of subsection 39 (3) of the Regulation are revoked and the following substituted:

20.Add the amount determined under paragraph 19 to the amount set out in Column 2 of Table 4 opposite the name of the board.

(3) Paragraphs 31 and 32 of subsection 39 (3) of the Regulation are revoked and the following substituted:

31.Add the amount determined under paragraph 30 to the amount set out in Column 3 of Table 4 opposite the name of the board.

(4) Paragraph 40 of subsection 39 (3) of the Regulation is revoked and the following substituted:

40.Total the amounts determined under paragraphs 15, 17, 20 , 26, 28, 31, 37, 38 and 39.

(5) Paragraphs 18 and 19 of subsection 39 (9) of the Regulation are revoked and the following substituted:

18.Add the amount determined under paragraph 17 to the amount set out in Column 4 of Table 4 opposite the name of the board.

(6) Subparagraph 21 ii of subsection 39 (9) of the Regulation is amended by striking out “subsection 29 (2.6)” and substituting “subsection 29 (2.1)”.

(7) Paragraphs 29 and 30 of subsection 39 (9) of the Regulation are revoked and the following substituted:

29.Add the amount determined under paragraph 28 to the amount set out in Column 5 of Table 4 opposite the name of the board.

(8) Paragraph 39 of subsection 39 (9) of the Regulation is amended by striking out “paragraphs 19, 30 and 38” and substituting “paragraphs 18, 29 and 38”.

(9) Subsection 39 (9.1) of the Regulation is revoked and the following substituted:

(9.1) The amount for the board for the fiscal year for urgent and high priority renewal projects is determined as follows:

1.Determine the portion of the cost of urgent and high priority renewal projects described in subsection (10) and set out in Column 2 of Table 15 opposite the name of the board, that was incurred by the board in each of the 2004-2005, 2005-2006 and 2006-2007 fiscal years for construction or renovation work that began on or after March 18, 2005.

2.Total the portions determined under paragraph 1 for the three fiscal years.

3.Determine the portion of the cost of urgent and high priority renewal projects described in subsection (10) and set out in Column 3 of Table 15 opposite the name of the board, that was incurred by the board in each of the 2005-2006 and 2006-2007 fiscal years for construction or renovation work that began on or after January 1, 2006.

4.Total the portions determined under paragraph 3 for the two fiscal years.

5.Add the amounts determined under paragraphs 2 and 4.

6.Determine the portion of the amount determined under paragraph 5 in respect of which the board incurred short-term interest.

7.Take the lesser of,

i.the amount of short-term interest incurred by the board in the 2006-2007 fiscal year in respect of the portion determined under paragraph 6, and

ii.the amount of short-term interest that the board would incur in the 2006-2007 fiscal year in respect of the portion determined under paragraph 6 if each amount borrowed were subject to an annual interest rate of not more than 0.13 per cent greater than the annual interest rate for three-month bankers’ acceptances applicable at the time of borrowing.

8.Determine the portion of the amount determined under paragraph 5 in respect of which the board did not incur interest.

9.Determine the amount of short-term interest that the board would incur in the 2006-2007 fiscal year in respect of the portion referred to in paragraph 8 if the amount of each cost making up the portion were borrowed on the date that it was withdrawn from reserves of the board, at the annual interest rate for three-month bankers’ acceptances applicable on September 1, 2006.

10.Determine the total of the principal and interest payments incurred by the board in the 2006-2007 fiscal year in respect of,

i.funds that the board borrowed from the Ontario Financing Authority to pay the costs or a portion of the costs under paragraph 5, and

ii.the lender’s fee charged to the board by the Ontario Financing Authority for the funds borrowed.

11.Add the amounts, if any, determined under paragraphs 7, 9 and 10.

(10) Clause 39 (10) (a) of the Regulation is revoked and the following substituted:

(a)is at a school of the board listed in Appendix B of the document entitled “Good Places to Learn: Stage 1 Funding Allocation”, which is available as described in subsection 3 (6); and

(11) Clause 39 (10.1) (a) of the Regulation is revoked and the following substituted:

(a)has been undertaken at a school of the board listed in Appendix C of the document entitled “Good Places to Learn: Stage 2 Funding Allocation” which is available as described in subsection 3 (6); and

(12) Subparagraph 31 iv of subsection 39 (11) of the Regulation is revoked and the following substituted:

iv.Subsection (17).

(13) Subparagraph 31 ix of subsection 39 (11) of the Regulation is revoked and the following substituted:

ix.Subsection 36 (11) of the 2005-2006 grant regulation.

(14) Paragraph 38 of subsection 39 (11) of the Regulation is revoked and the following substituted:

38.Add to the number determined under paragraph 37 the number, if any, of the board’s new pupil places in respect of its elementary schools for which the cost of repair is prohibitive as calculated for a prior school board fiscal year, named in Column 3 of Table 16.2 opposite the name of the board in Column 1 of the Table.

(15) Paragraph 82 of subsection 39 (11) of the Regulation is revoked and the following substituted:

82.Add to the number determined under paragraph 81 the number, if any, of the board’s new pupil places in respect of its secondary schools for which the cost of repair is prohibitive as calculated for a prior school board fiscal year, named in Column 4 of Table 16.2 opposite the name of the board in Column 1 of the Table.

(16) Paragraphs 97 to 110 of subsection 39 (11) of the Regulation are revoked and the following substituted:

97.Determine the portion of each capital project of the board that was wholly or partially funded with amounts calculated under this subsection or a predecessor of this subsection for a prior school board fiscal year, where capital projects are projects for purposes established under section 1 of Ontario Regulation 446/98 (Reserve Funds) made under the Act and includes projects that have been constructed, that are under construction or for which a tender for construction has been awarded on or before August 31, 2007.

98.For each capital project described in paragraph 97, determine the debt incurred between August 31, 1998 and August 31, 2007, in respect of the portion of the project determined under paragraph 97, where debt does not include,

A.debt incurred to finance the construction of new elementary pupil places needed for primary class size reduction under subsection (12),

B.debt incurred to finance the construction of new elementary pupil places or new secondary pupil places described in the plan submitted under subsection (15) in relation to the growth schools amount,

C.debt related to the amounts determined under subsections (16.0.1), (16.0.2), (16.1) and (48), or

D.non-permanently financed debt or permanently financed debt, within the meaning of subsection 40 (2).

99.Total the amounts determined under paragraph 98 for the capital projects described in paragraph 97.

100.Determine the debt service costs incurred in the 2006-2007 fiscal year in respect of the amount determined under paragraph 99.

101.Subtract the amount determined under paragraph 96 from the amount determined under paragraph 95. If the difference is negative, the number determined under this paragraph is deemed to be zero.

102.Subtract the amount determined under paragraph 96 from the amount determined under paragraph 100. If the difference is negative, the number determined under this paragraph is deemed to be zero.

103.Take the lesser of the amounts determined under paragraphs 101 and 102.

104.Total the amounts determined under paragraphs 96 and 103.

105.Determine the portion of each capital project of the board that was wholly or partially funded with amounts calculated under this subsection or a predecessor of this subsection for a prior school board fiscal year, where capital projects are projects for purposes established under section 1 of Ontario Regulation 446/98 (Reserve Funds) made under the Act and includes projects that have been constructed, that are under construction or for which a tender for construction has been awarded on or before August 31, 2005.

106.For each capital project described in paragraph 105, determine the debt incurred between August 31, 1998 and August 31, 2005, in respect of the portion of the project determined under paragraph 105, where debt does not include,

A.debt incurred to finance the construction of new elementary pupil places needed for primary class size reduction under subsection (12),

C.debt related to the amounts determined under subsections (16.0.1), (16.0.2), (16.1) and (48), or

D.non-permanently financed debt or permanently financed debt, within the meaning of subsection 40 (2).

107.Total the amounts determined under paragraph 106 for the capital projects described in paragraph 105.

108.Determine the debt service costs incurred in the 2006-2007 fiscal year in respect of the amount determined under paragraph 107.

109.Determine an amount for the board using the formula set out in subsection (11.1).

110.Determine the amount that would be payable in the 2006-2007 fiscal year if the amount determined under paragraph 109 were a debt amortized over 25 years at an annual interest rate of 5.25 per cent, with no compounding.

111.Subtract the amount determined under paragraph 110 from the amount determined under paragraph 108.

112.If the amount determined under paragraph 111 is less than or equal to the amount determined under paragraph 95, calculate an amount as follows:

i.Determine the number of the board’s new pupil places to meet elementary enrolment pressures, as determined under subsection (17) or a predecessor of that subsection, that are to be provided in projects other than those that have been constructed, that are under construction or for which a tender for construction has been awarded on or before March 31, 2006.

ii.Multiply the number determined under subparagraph i by the benchmark area requirement of 9.7 metres squared.

iii.Multiply the number determined under subparagraph ii by the benchmark construction cost of $120.77 per metre squared.

iv.Multiply the amount determined under subparagraph iii by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board.

v.Determine the number of the board’s new pupil places to meet secondary enrolment pressures, as determined under subsection (18), that are to be provided in projects other than those that have been constructed, that are under construction or for which a tender for construction has been awarded on or before March 31, 2006.

vi.Multiply the number determined under subparagraph v by the benchmark area requirement of 12.07 metres squared.

vii.Multiply the number determined under subparagraph vi by the benchmark construction cost of $131.75 per metre squared.

viii.Multiply the amount determined under subparagraph vii by the geographic adjustment factor set out in Column 3 of Table 14 opposite the name of the board.

ix.Total the amounts determined under subparagraphs iv and viii.

113.Subtract the amount determined under paragraph 112 from the amount determined under paragraph 95.

114.Subtract the amount determined under paragraph 113 from the amount determined under paragraph 111. If the difference is negative, the amount determined under this paragraph is deemed to be zero.

115.Total the amounts that are in the board’s pupil accommodation allocation reserve fund and proceeds of disposition reserve fund on August 31, 2005, as reported in the board’s financial statements for the 2004-2005 school board fiscal year.

116.Adjust the amount determined under paragraph 115 to take into account resolutions of the board passed after September 1, 2005 and before June 12, 2006 that either transfer funds from the reserve funds mentioned in that paragraph or commit the board to do so.

117.Take the lesser of the amounts determined under,

i.paragraph 116, and

ii.paragraph 111 or 114, as the case may be.

118.Subtract the amount determined under paragraph 117 from the amount determined under paragraph 111 or 114, as the case may be. If the difference is negative, the amount determined under this paragraph is deemed to be zero.