Ontario Regulation 349/24 made under the Education Act Made: August 22, 2024 Approved: August 29, 2024 Filed: September 11, 2024 Published on e-Laws: September 12, 2024 Published in The Ontario Gazette: September 28, 2024 Calculation of Fees for Pupils for the 2024-2025 School Board Fiscal Year CONTENTS 1. Interpretation 2. Application 3. Education for First Nation pupils 4. Fees, residing in Ontario 5. Fees, not residing in Ontario 6. Fees, non-resident 7. Fees, s. 68 boards 8. Fees, pupils to whom s. 49 (6) of the Act applies 9. Fees, summer school and continuing education 10. No fee between boards 11. Commencement Table 1 District school board base fees Table 2 Isolate board base fees       Interpretation 1. (1) In this Regulation, “continuing education A.D.E. of other pupils of a board” means the continuing education average daily enrolment of other pupils determined for the board under Part XII of the grant regulation; (“effectif quotidien moyen de l’éducation permanente pour les autres élèves d’un conseil”) “continuing education class or course” has the same meaning as in Part XII of the grant regulation; (“classe ou cours d’éducation permanente”) “day school A.D.E. of elementary school pupils of a board” means the average daily enrolment of elementary school pupils determined for the board under Part XII of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les élèves de l’élémentaire d’un conseil”) “day school A.D.E. of other pupils of a board” means the average daily enrolment of other pupils determined for the board under Part XII of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les autres élèves d’un conseil”) “day school A.D.E. of pupils of a board” means the average daily enrolment of pupils determined for the board under Part XII of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les élèves d’un conseil”) “day school A.D.E. of secondary school pupils of a board” means the average daily enrolment of secondary school pupils determined for the board under Part XII of the grant regulation; (“effectif quotidien moyen des écoles de jour pour les élèves du secondaire d’un conseil”) “day school program” does not include continuing education or summer school classes or courses; (“programme d’école de jour”) “elementary school pupil” means a pupil who is enrolled in any of junior kindergarten, kindergarten and grades 1 to 8; (“élève de l’élémentaire”) “grant regulation” means Ontario Regulation 348/24 (Core Education Funding — Legislative Grants for the 2024-2025 School Board Fiscal Year) made under the Act; (“règlement sur les subventions”) “isolate board” means a school authority other than a section 68 board; (“conseil isolé”) “online or remote learning” means a method of instruction that relies on communication between pupils and teachers through the internet or any other means and does not require pupils to attend school in person; (“apprentissage en ligne ou à distance”) “P.A.C.”, for a pupil, means the pupil accommodation charge for a pupil as determined under subsections (4) and (5); (“frais de pension”) “secondary school pupil” means a pupil who is enrolled in any of grades 9 to 12; (“élève du secondaire”) “section 68 board” means a board established under section 68 of the Act; (“conseil créé en vertu de l’article 68”) “summer school A.D.E. of other pupils of a board” means the summer school average daily enrolment of other pupils determined for the board under Part XII of the grant regulation; (“effectif quotidien moyen des cours d’été pour les autres élèves d’un conseil”) “summer school class or course” has the same meaning as in Part XII of the grant regulation. (“classe ou cours d’été”) (2) For the purposes of this Regulation, a pupil is considered to be a pupil of a board if they are a pupil of the board for the purposes of the grant regulation. (3) Any fiscal year referred to in this Regulation is from September 1 to August 31. (4) The pupil accommodation charge for a pupil is $141 in the case of an elementary school pupil or $282 in the case of a secondary school pupil. (5) Despite subsection (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 pupil accommodation charge for each pupil accommodated as a result of the agreement is zero. Application 2. (1) This Regulation applies to boards for the 2024-2025 fiscal year. (2) If, as of September 1, 2025, no regulation has been made under subsection 11 (3) of the Act in respect of the 2025-2026 fiscal year, this Regulation applies to boards for that fiscal year, with necessary modifications. (3) On the day a regulation made under subsection 11 (3) of the Act in respect of the 2025-2026 fiscal year comes into force, this Regulation ceases to apply in respect of that fiscal year. Education for First Nation pupils 3. (1) This section applies in respect of a pupil who is enrolled in a day school program in a school operated by a district school board or an isolate board if a fee in respect of the pupil is receivable by the board from, (a) the Crown in right of Canada; or (b) 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 in respect of the pupil is calculated by multiplying the day school A.D.E. of the pupil by the base fee for the board as set out in, (a) Column 2 of Table 1, in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board; (b) Column 3 of Table 1, in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board; or (c) Column 2 of Table 2, in the case of a pupil who is enrolled in a school operated by an isolate board. (3) For the purposes of subsection (2), the day school A.D.E. of a pupil referred to in that subsection is the day school A.D.E. of other pupils of the board, calculated as if the pupil were the board’s only pupil. (4) If a party from whom a fee is payable requests, or if the board recommends and that party agrees, that the board provide an educational program, service or equipment for a pupil described in subsection (1) under an agreement that was entered into on or before August 31, 2019 under subsection 188 (1) of the Act, as that subsection read on August 31, 2019, the fee in respect of the pupil may be increased as follows: 1. If the board does not receive any funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment. 2. If the board receives partial funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment that exceeds the amount received in the base fee. (5) For the purposes of subsection (4), if the board providing the educational program, service or equipment and the party from whom the fee is receivable cannot agree on the amount by which the fee is to be increased, the amount shall be determined by three arbitrators, appointed as follows: 1. One arbitrator appointed by the board. 2. One arbitrator appointed by the party from whom the fee is receivable. 3. One arbitrator appointed by the arbitrators appointed under paragraphs 1 and 2. (6) The decision of the arbitrators or a majority of them is final and binding on the board and on the party from whom the fee is receivable. (7) Subject to subsection (8), if the board has entered into an agreement under subsection 188 (1.7) of the Act with an entity referred to in paragraph 1 of subsection 188 (1) of the Act, and the board agrees to provide supports and services prescribed under section 8 of Ontario Regulation 261/19 (Reciprocal Education Approach) made under the Act, the fee may be increased by an amount that is set out in the agreement. (8) The fee in respect of the services and supports referred to in subsection (7) shall not exceed the following amounts: 1. With respect to the services and supports referred to in paragraph 1 of subsection 8 (1) of Ontario Regulation 261/19, the fee shall not exceed $32,782. 2. With respect to the services and supports referred to in paragraph 2 of subsection 8 (1) of Ontario Regulation 261/19, the fee shall not exceed the cost of the equipment less $800. (9) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies. Fees, residing in Ontario 4. (1) This section applies in respect of the following pupils: 1. A pupil described in subsection 46 (2) of the Act who, i. is enrolled in a day school program in a school of a district school board or an isolate board, and ii. resides in a school section, separate school zone or secondary school district in which the pupil’s parent or guardian resides, on land that is exempt from taxation for the purposes of any board. 2. A pupil described in subsection 49 (5) of the Act who, i. is not a pupil described in clause (a) of the definition of “other pupil” in Part XII of the grant regulation, ii. is enrolled in a day school program in a school of a district school board or an isolate board, and iii. resides on a reserve, within the meaning of the Indian Act (Canada), on which the pupil’s parent or guardian resides. (2) The fee that a board shall charge in respect of a pupil described in subsection (1) to the parent or guardian is $40 for each month or part of a month the pupil is enrolled in a school of the board. (3) A board charging a parent or guardian a fee of $40 for any month or part of a month under subsection (2) in respect of a pupil described in subsection (1) who is enrolled in a school of the board shall not charge the parent or guardian any fee under subsection (2) for the same month or part of a month in respect of another pupil described in subsection (1) who is enrolled in a school of the board. (4) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies. Fees, not residing in Ontario 5. (1) The fee in respect of a pupil referred to in subsection (2) who is enrolled in a day school program in a school of a district school board or an isolate board is an amount determined by the board that does not exceed the maximum fee determined under subsection (4) or (5). (2) This section applies in respect of a pupil whose parent or guardian does not reside in Ontario and, (a) who was not a pupil of a board for the purposes of Ontario Regulation 266/23 (Grants for Student Needs — Legislative Grants for the 2023-2024 School Board Fiscal Year) made under the Act and is attending school this fiscal year in person; or (b) who is a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) and is attending school this fiscal year solely through online or remote learning. (3) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies. (4) Except as is provided in subsection (5), the maximum fee is the amount calculated as follows: 1. Take the amount calculated under subsection (6) in respect of 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 partial months during which the pupil is enrolled in a school of the board. (5) If a party from whom a fee is payable requests, or if the board recommends and that party agrees, that the board provide an educational program, service or equipment for a pupil described in subsection (1), the fee in respect of the pupil may be increased as follows: 1. If the board does not receive any funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment. 2. If the board receives partial funding for the program, service or equipment in the base fee determined for the pupil, the fee may be increased by an amount equal to the cost of the program, service or equipment that exceeds the amount received in the base fee. (6) The amount referred to in paragraph 1 of subsection (4) in respect of the pupil is calculated by multiplying the day school A.D.E. of the pupil by the sum of the P.A.C. for the pupil and the base fee for the board as set out in, (a) Column 2 of Table 1, in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board; (b) Column 3 of Table 1, in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board; or (c) Column 2 of Table 2, in the case of a pupil who is enrolled in a school operated by an isolate board. (7) The day school A.D.E. of a pupil referred to in subsection (6) is the day school A.D.E. of other pupils of the board, calculated as if the pupil were the board’s only pupil. Fees, non-resident 6. (1) The fee in respect of a pupil referred to in subsection (2) who is enrolled in a day school program in a school of a district school board or an isolate board is the amount determined in accordance with a fees policy developed for the purposes of this section by the board that operates the school in which the pupil is enrolled. (2) This section applies in respect of a pupil whose parent or guardian is not a Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) and, (a) who does not reside in Ontario; and (b) who is attending school this fiscal year solely through online or remote learning. (3) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies. (4) A board’s fee policy must not authorize a fee in respect of an elementary school pupil that is less than the amount that would be calculated under subsection 5 (6) in respect of an elementary school pupil, if that subsection had applied to the pupil. (5) A board’s fee policy must not authorize a fee in respect of a secondary school pupil that is less than the amount that would be calculated under subsection 5 (6) in respect of a secondary school pupil, if that subsection had applied to the pupil. Fees, s. 68 boards 7. (1) The fee in respect of a pupil who is enrolled in a day school program in a school operated by a section 68 board and whose parent or guardian does not reside in Ontario is the amount determined as follows: 1. Take the expenditure of the board for the fiscal year that is acceptable to the Minister for grant purposes, excluding, i. expenditures for debt charges, ii. expenditures for the purchase of capital assets, as determined under the grant regulation, and iii. expenditures for the restoration of destroyed or damaged capital assets, as determined under the grant regulation. 2. Deduct the revenue of the board for the fiscal year from, i. any organization on whose property a school of the board is located, and ii. refunds of expenditure of the kind described in subparagraph 1 i, ii or iii. 3. Determine the number of pupil days for the period from September 1, 2024 to August 31, 2025 by adding, for each instructional day in that period, the number of pupils enrolled in schools of the board who receive instruction on that day. 4. Divide the amount obtained under paragraph 2 by the total number of pupil days determined under paragraph 3. 5. Multiply the result obtained under paragraph 4 by the number of instructional days for which the pupil is enrolled in a school of the board during the same period. (2) This section does not apply to a pupil to whom subsection 49 (6) of the Act applies. Fees, pupils to whom s. 49 (6) of the Act applies 8. (1) The fee in respect of a pupil who is enrolled in a day school program and to whom subsection 49 (6) of the Act applies is the amount determined in accordance with a fees policy developed for the purposes of this section by the board that operates the school in which the pupil is enrolled. (2) A board’s fee policy must not authorize a fee in respect of an elementary school pupil that is less than the amount that would be calculated under subsection 5 (6) in respect of an elementary school pupil, if that subsection had applied to the pupil and subsection 49 (6) of the Act had not applied to the pupil. (3) A board’s fee policy must not authorize a fee in respect of a secondary school pupil that is less than the amount that would be calculated under subsection 5 (6) in respect of a secondary school pupil, if that subsection had applied to the pupil and subsection 49 (6) of the Act had not applied to the pupil. Fees, summer school and continuing education 9. (1) The fee in respect of a pupil to whom subsection 49 (6) of the Act applies and who is enrolled in a summer school or continuing education class or course provided by a district school board or an isolate board is the amount determined by the board. (2) The fee referred to in subsection (1) in respect of a pupil enrolled in a continuing education class or course of the board shall not be less than the fee determined by applying paragraphs 1 to 3 of subsection (4). (3) The fee referred to in subsection (1) in respect of a pupil enrolled in a summer school class or course of the board shall not be less than the fee determined by applying paragraphs 1 to 3 of subsection (6). (4) The fee in respect of a pupil described in clause (a) or (c) of the definition of “other pupil” in Part XII of the grant regulation who is enrolled in a continuing education class or course provided by a district school board or an isolate board is such amount as may be agreed on by the board and the party from whom the fee is receivable or, in the absence of an agreement, the amount determined as follows: 1. Estimate the expenses of the board in the fiscal year for continuing education classes or courses. 2. Divide the amount estimated under paragraph 1 by the continuing education A.D.E. of all pupils of the board. 3. Multiply the result obtained under paragraph 2 by the continuing education A.D.E. of the pupil. (5) For the purposes of subsection (4), (a) the continuing education A.D.E. of all pupils of a board is the sum of the average daily enrolments determined for the board under sections 212 and 213 of the grant regulation; (b) the continuing education A.D.E. of a pupil is the continuing education A.D.E. of other pupils of the board, calculated as if the pupil were the board’s only pupil; and (c) the continuing education A.D.E. of all pupils of a board is determined using an estimate of the variables referred to in section 212 of the grant regulation. (6) The fee in respect of a pupil described in clause (a) or (c) of the definition of “other pupil” in the grant regulation who is enrolled in a summer school class or course provided by a district school board or an isolate board is such amount as may be agreed on by the board and the party from whom the fee is receivable or, in the absence of an agreement, the amount determined as follows: 1. Estimate the expenses of the board in the fiscal year for summer school classes or courses. 2. Divide the amount estimated under paragraph 1 by the summer school A.D.E. of all pupils of the board. 3. Multiply the result obtained under paragraph 2 by the summer school A.D.E. of the pupil. (7) For the purposes of subsection (6), (a) the summer school A.D.E. of all pupils of a board is the sum of the average daily enrolments determined for the board under sections 216 and 217 of the grant regulation; (b) the summer school A.D.E. of a pupil is the summer school A.D.E. of other pupils of the board, calculated as if the pupil were the board’s only pupil; and (c) the summer school A.D.E. is determined by using an estimate of the variables referred to in section 216 of the grant regulation. (8) An estimate referred to in this section is an estimate that is required to be submitted under subsection 232 (6) of the Act. No fee between boards 10. No fee is payable under this Regulation by one board to another board. Commencement 11. This Regulation comes into force on the day it is filed. TABLE 1 DISTRICT SCHOOL BOARD BASE FEES Item Column 1 Name of board Column 2 Elementary school pupil base fee, in dollars Column 3 Secondary school pupil base fee, in dollars 1. Algoma District School Board  14,789  16,599 2. Algonquin and Lakeshore Catholic District School Board 13,231 13,120 3. Avon Maitland District School Board 12,944 13,835 4. Bluewater District School Board 12,652 13,062 5. Brant Haldimand Norfolk Catholic District School Board 12,383 12,472 6. Bruce-Grey Catholic District School Board 13,849 13,774 7. Catholic District School Board of Eastern Ontario 13,197 13,884 8. Conseil des écoles publiques de l’Est de l’Ontario 14,977 16,641 9. Conseil scolaire catholique MonAvenir 15,614 17,022 10. Conseil scolaire catholique Providence 16,033 19,206 11. Conseil scolaire de district catholique de l’Est ontarien 15,224 17,128 12. Conseil scolaire de district catholique des Aurores boréales 32,012 38,703 13. Conseil scolaire de district catholique des Grandes Rivières 18,562 23,230 14. Conseil scolaire de district catholique du Centre-Est de l’Ontario 14,491 15,323 15. Conseil scolaire de district catholique du Nouvel-Ontario 17,957 23,126 16. Conseil scolaire de district catholique Franco-Nord 19,662 22,351 17. Conseil scolaire public du Grand Nord de l’Ontario 20,976 40,862 18. Conseil scolaire public du Nord-Est de l’Ontario 21,481 32,200 19. Conseil scolaire Viamonde 15,793 20,332 20. District School Board of Niagara 12,420 12,549 21. District School Board Ontario North East 16,545 17,517 22. Dufferin-Peel Catholic District School Board 12,657 12,399 23. Durham Catholic District School Board 11,966 12,199 24. Durham District School Board 11,969 12,041 25. Grand Erie District School Board 12,375 12,865 26. Greater Essex County District School Board 12,738 12,889 27. Halton Catholic District School Board 12,001 11,991 28. Halton District School Board 12,079 12,084 29. Hamilton-Wentworth Catholic District School Board 12,515 12,580 30. Hamilton-Wentworth District School Board 12,613 12,637 31. Hastings and Prince Edward District School Board 13,143 13,434 32. Huron Perth Catholic District School Board 14,179 14,750 33. Huron-Superior Catholic District School Board 17,046 17,504 34. Kawartha Pine Ridge District School Board 12,138 12,655 35. Keewatin-Patricia District School Board 18,090 19,965 36. Kenora Catholic District School Board 21,303 20,546 37. Lakehead District School Board 14,301 14,238 38. Lambton Kent District School Board 12,926 13,092 39. Limestone District School Board 12,884 13,367 40. London District Catholic School Board 11,968 12,364 41. Near North District School Board 14,480 15,147 42. Niagara Catholic District School Board 12,497 12,559 43. Nipissing-Parry Sound Catholic District School Board 16,196 15,449 44. Northeastern Catholic District School Board 18,099 18,774 45. Northwest Catholic District School Board 23,240 0 46. Ottawa-Carleton District School Board 12,626 12,536 47. Ottawa Catholic District School Board 12,513 12,504 48. Peel District School Board 12,651 12,471 49. Peterborough Victoria Northumberland and Clarington Catholic District School Board 12,298 12,792 50. Rainbow District School Board 13,582 14,111 51. Rainy River District School Board 20,204 22,780 52. Renfrew County Catholic District School Board 15,157 14,617 53. Renfrew County District School Board 14,075 15,121 54. Simcoe County District School Board 11,897 12,019 55. Simcoe Muskoka Catholic District School Board 12,146 12,746 56. St. Clair Catholic District School Board 13,193 13,296 57. Sudbury Catholic District School Board 14,212 14,312 58. Superior-Greenstone District School Board 26,187 34,383 59. Superior North Catholic District School Board 29,567 0 60. Thames Valley District School Board 12,142 12,552 61. Thunder Bay Catholic District School Board 14,898 14,909 62. Toronto Catholic District School Board 12,992 13,014 63. Toronto District School Board 13,374 13,108 64. Trillium Lakelands District School Board 12,997 13,215 65. Upper Canada District School Board 12,848 13,725 66. Upper Grand District School Board 12,318 12,572 67. Waterloo Catholic District School Board 12,166 12,298 68. Waterloo Region District School Board 12,263 12,191 69. Wellington Catholic District School Board 12,983 12,899 70. Windsor-Essex Catholic District School Board 12,417 12,566 71. York Catholic District School Board 12,404 12,293 72. York Region District School Board 12,316 12,339   Table 2 ISOLATE BOARD BASE FEES Item Column 1 Name of board Column 2 Pupil base fee, in dollars 1. James Bay Lowlands Secondary School Board 29,464 2. Moose Factory Island District School Area Board 22,392 3. Moosonee District School Area 23,383 4. Protestant Separate School Board of the Town of Penetanguishene 15,051   Made by: Pris par : La ministre de l’Éducation, Jill Dunlop Minister of Education   Date made: August 22, 2024 Pris le : 22 août 2024   Français