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ontario regulation 439/16

made under the

Education Act

Made: November 30, 2016
Filed: December 6, 2016
Published on e-Laws: December 7, 2016
Printed in The �������� Gazette: December 24, 2016

Amending O. Reg. 195/15

(GRANTS FOR STUDENT NEEDS - LEGISLATIVE GRANTS FOR THE 2015-2016 SCHOOL BOARD FISCAL YEAR)

1. Paragraph 8 of subsection 39 (1) of �������� Regulation 195/15 is revoked and the following substituted:

8. Subtract the earned leave plan amount.

2. The Regulation is amended by adding the following section:

Earned leave plan amount

43.1 (1) The earned leave plan amount for the fiscal year for an English-language public district school board is 0.

(2) The earned leave plan amount for the fiscal year for a district school board, other than an English-language public district school board, in which the elementary school teachers’ bargaining unit and the secondary school teachers’ bargaining unit is combined is determined as follows:

1. Determine the board’s annual average rate of permanent teachers’ absenteeism in the 2015-2016 fiscal year as follows:

i. Determine the total number of paid leave days used by the board’s permanent teachers in the 2015-2016 fiscal year, excluding paid leave for bereavement, jury duty, quarantine, association leave, long-term disability and days on which the teacher receives benefits under the Workplace Safety and Insurance Act, 1997.

ii. Divide the amount determined under subparagraph i by the number of the board’s permanent teachers in the 2015-2016 fiscal year.

2. Determine the board’s annual average rate of permanent teachers’ absenteeism in the 2014-2015 fiscal year as follows:

i. Determine the total number of paid leave days used by the board’s permanent teachers in the 2014-2015 fiscal year, excluding paid leave for bereavement, jury duty, quarantine, association leave, long-term disability and days on which the teacher receives benefits under the Workplace Safety and Insurance Act, 1997.

ii. Divide the amount determined under subparagraph i by the number of the board’s permanent teachers in the 2014-2015 fiscal year.

3. Determine the difference between the board’s annual average rate of permanent teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent teachers’ absenteeism in the 2014-2015 fiscal year by subtracting the board’s annual average rate of permanent teachers’ absenteeism in the 2014-2015 fiscal year from the board’s annual average rate of permanent teachers’ absenteeism in the 2015-2016 fiscal year.

4. If the difference between the board’s annual average rate of permanent teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent teachers’ absenteeism in the 2014-2015 fiscal year, as determined under paragraph 3, is less than or equal to -1, the board’s earned leave plan amount is the sum of the amounts set out in Columns 2 and 3 of Table 12.1 opposite the name of the board.

5. If the difference between the board’s annual average rate of permanent teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent teachers’ absenteeism in the 2014-2015 fiscal year, as determined under paragraph 3, is greater than -1 but less than 0, the board’s earned leave plan amount is determined as follows:

i. Take the difference between the board’s annual average rate of permanent teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent teachers’ absenteeism in the 2014-2015 fiscal year, as determined under paragraph 3.

ii. Multiply by the sum of the amounts set out in Columns 2 and 3 of Table 12.1 opposite the name of the board.

iii. Multiply by -1.

6. If the difference between the board’s annual average rate of permanent teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent teachers’ absenteeism in the 2014-2015 fiscal year, as determined under paragraph 3, is greater than or equal to 0, the board’s earned leave plan amount is 0.

(3) The earned leave plan amount for the fiscal year for a district school board, other than an English-language public district school board, in which the elementary school teachers’ bargaining unit and the secondary school teachers’ bargaining unit is not combined is determined as follows:

1. Determine the portion of the board’s earned leave plan amount that is in respect of the elementary school teachers’ bargaining unit as follows:

i. Determine the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2015-2016 fiscal year as follows:

A. Determine the total number of paid leave days used by the board’s permanent elementary school teachers in the 2015-2016 fiscal year, excluding paid leave for bereavement, jury duty, quarantine, association leave, long-term disability and days on which the teacher receives benefits under the Workplace Safety and Insurance Act, 1997.

B. Divide the amount determined under sub-subparagraph A by the number of the board’s permanent elementary school teachers in the 2015-2016 fiscal year.

ii. Determine the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2014-2015 fiscal year as follows:

A. Determine the total number of paid leave days used by the board’s permanent elementary school teachers in the 2014-2015 fiscal year, excluding paid leave for bereavement, jury duty, quarantine, association leave, long-term disability and days on which the teacher receives benefits under the Workplace Safety and Insurance Act, 1997.

B. Divide the amount determined under sub-subparagraph A by the number of the board’s permanent elementary school teachers in the 2014-2015 fiscal year.

iii. Determine the difference between the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2014-2015 fiscal year by subtracting the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2014-2015 fiscal year from the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2015-2016 fiscal year.

iv. If the difference between the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2014-2015 fiscal year, as determined under subparagraph iii, is less than or equal to -1, the portion of the board’s earned leave plan amount that is in respect of the elementary school teachers’ bargaining unit is the amount set out in Column 2 of Table 12.1 opposite the name of the board.

v. If the difference between the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2014-2015 fiscal year, as determined under subparagraph iii, is greater than -1 but less than 0, the portion of the board’s earned leave plan amount that is in respect of the elementary school teachers’ bargaining unit is determined as follows:

A. Take the difference between the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2014-2015 fiscal year, as determined under subparagraph iii.

B. Multiply by the amount set out in Column 2 of Table 12.1 opposite the name of the board.

C. Multiply by -1.

vi. If the difference between the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent elementary school teachers’ absenteeism in the 2014-2015 fiscal year, as determined under subparagraph iii, is greater than or equal to 0, the portion of the board’s earned leave plan amount that is in respect of the elementary school teachers’ bargaining unit is 0.

2. Add the portion of the board’s earned leave plan amount that is in respect of the secondary school teachers’ bargaining unit, which is determined as follows:

i. Determine the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2015-2016 fiscal year as follows:

A. Determine the total number of paid leave days used by the board’s permanent secondary school teachers in the 2015-2016 fiscal year, excluding paid leave for bereavement, jury duty, quarantine, association leave, long-term disability and days on which the teacher receives benefits under the Workplace Safety and Insurance Act, 1997.

B. Divide the amount determined under sub-subparagraph A by the number of the board’s permanent secondary school teachers in the 2015-2016 fiscal year.

ii. Determine the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2014-2015 fiscal year as follows:

A. Determine the total number of paid leave days used by the board’s permanent secondary school teachers in the 2014-2015 fiscal year, excluding paid leave for bereavement, jury duty, quarantine, association leave, long-term disability and days on which the teacher receives benefits under the Workplace Safety and Insurance Act, 1997.

B. Divide the amount determined under sub-subparagraph A by the number of the board’s permanent secondary school teachers in the 2014-2015 fiscal year.

iii. Determine the difference between the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2014-2015 fiscal year by subtracting the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2014-2015 fiscal year from the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2015-2016 fiscal year.

iv. If the difference between the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2014-2015 fiscal year, as determined under subparagraph iii, is less than or equal to -1, the portion of the board’s earned leave plan amount that is in respect of the secondary school teachers’ bargaining unit is the amount set out in Column 3 of Table 12.1 opposite the name of the board.

v. If the difference between the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent secondary school’s teachers’ absenteeism in the 2014-2015 fiscal year, as determined under subparagraph iii, is greater than -1 but less than 0, the portion of the board’s earned leave plan amount that is in respect of the secondary school teachers’ bargaining unit is determined as follows:

A. Take the difference between the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2014-2015 fiscal year, as determined under subparagraph iii.

B. Multiply by the amount set out in Column 3 of Table 12.1 opposite the name of the board.

C. Multiply by -1.

vi. If the difference between the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2015-2016 fiscal year and the board’s annual average rate of permanent secondary school teachers’ absenteeism in the 2014-2015 fiscal year, as determined under subparagraph iii, is greater than or equal to 0, the portion of the board’s earned leave plan amount that is in respect of the secondary school teachers’ bargaining unit is 0.

3. Paragraph 18 of subsection 44 (1) of the Regulation is amended by adding the following subparagraph:

iii. In the case of the Renfrew County District School Board or the Renfrew County Catholic District School Board, add the amount determined as follows to the amount determined under subparagraph i:

A. Subtract the amount determined under paragraph 6 from the amount determined under paragraph 9. If the result is negative, it is deemed to be zero.

B. Multiply by 0.9.

4. Paragraph 1 of subsection 63 (2) of the Regulation is amended by adding the following subparagraphs:

iv.1 The sum of the amounts set out in Columns 2 and 3 of Table 12 opposite the name of the board.

iv.2 The amount set out in Column 2 of Table 12.2 opposite the name of the board.

iv.3 The sick leave credit gratuities amount determined under section 42.1.

5. Table 30 of the Regulation is amended by striking out “1,678,668” in Column 2 of item 68 and substituting “1,724,786”.

6. (1) Table 30.1 of the Regulation is amended by adding the following item:

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8.1

Conseil scolaire de district catholique du Nouvel-��������

Espanola

New replacement elementary school (Espanola)

30,990

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(2) Table 30.1 of the Regulation is amended by,

(a) striking out “2,517,020” in Column 4 of item 10.1 and substituting “3,172,936”;

(b) striking out “1,916,622” in Column 4 of item 25 and substituting “1,974,425”;

(c) striking out “5,802,649” in Column 4 of item 25.2 and substituting “5,896,939”;

(d) striking out “240,207” in Column 4 of item 42.3 and substituting “254,556”; and

(e) revoking item 45.1.

7. (1) Table 30.2 of the Regulation is amended by adding the following item:

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3.3

Conseil scolaire de district catholique de Nouvel-��������

Espanola

Acquisition of land for a new school

185,287

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(2) Table 30.2 of the Regulation is amended by,

(a) revoking item 4.1; and

(b) striking out “4,232,456” in Column 4 of item 8 and substituting “4,577,703”.

(3) Table 30.2 of the Regulation is amended by adding the following item:

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9.

York Catholic District School Board

Markham

Site preparation for St. Joseph CES - Markham

1,992,146

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8. Table 30.3 of the Regulation is amended by adding the following items:

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2.1

Conseil scolaire de district catholique du Centre-Est de l’��������

Construction of 3 child care rooms to create 49 child care spaces at École élémentaire catholique Horizon-Jeunesse

1,527,338

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. . . . .

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3.1

Conseil scolaire de district catholique Centre-Sud

Construction of 2 child care rooms to create 39 child care spaces at École élémentaire catholique Mississauga

988,569

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. . . . .

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4.1

Conseil scolaire de district catholique du Nouvel-��������

Construction of 3 child care rooms to create 49 child care spaces at École élémentaire catholique Saint-Joseph (Espanola)

1,197,912

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. . . . .

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21.1

Huron-Superior Catholic District School Board

Construction of 3 child care rooms to create 49 child care spaces at Sacred Heart Catholic School

974,254

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. . . . .

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22.1

Kawartha Pine Ridge District School Board

Construction of 3 child care rooms to create 49 child care spaces at Lakefield Elementary School

1,705,281

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. . . . .

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29.1

Peel District School Board

Construction of 2 child care rooms to create 39 child care spaces at Whaley’s Corner Public School

988,569

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. . . . .

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30.1	Peel District School Board	Construction of 3 child care rooms to create 49 child care spaces at South Field Village #2 Public School	1,482,853
30.2	Simcoe County District School Board	Construction of 2 child care rooms to create 25 child care spaces at North Simcoe Secondary School	1,037,997

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. . . . .

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37.3	Toronto Catholic District School Board	Construction of 6 child care rooms to create 112 child care spaces at Dante Alighieri Academy School	1,512,510
37.4	Toronto District School Board	Construction of 5 child care rooms to create 62 child care spaces at Davisville Jr. Public School	2,594,992

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. . .�� . .

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43.1

Waterloo Catholic District School Board

Construction of 5 child care rooms to create 88 child care spaces at new school in Breslau

2,471,421

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Commencement

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

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