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ontario regulation 79/08

made under the

education act

Made: April 3, 2008
Filed: April 7, 2008
Published on e-Laws: April 9, 2008
Printed in The Ontario Gazette: April 26, 2008


Amending O. Reg. 446/98

(Reserve Funds)

1. Subsection 1 (1) of Ontario Regulation 446/98 is revoked and the following substituted:

(1) Every district school board shall allocate the portion of every pupil accommodation allocation received under the legislative grant regulations made under subsection 234 (1) of the Act that is in respect of school renewal, new pupil places or outstanding capital commitments, to a reserve fund established only for the purposes of,

(a) acquiring things listed in subsection (2) by lease; or

(b) financing the acquisition, by purchase or otherwise, of things listed in subsection (2), if they were acquired,

(i) on or before June 12, 2006, or

(ii) at any other time if the acquisition is reported by the board as being for the purposes of school renewal.

2. Subsection 2 (1) of the Regulation is revoked and the following substituted:

(1) Subject to subsection (3), every district school board shall allocate all proceeds of sales, leases and other dispositions of real property, other than real property to which section 2.1 applies, to a reserve fund established only for the purposes of,

(a) with respect to the things listed in subsection (1.1),

(i) acquiring them by lease, or

(ii) financing their acquisition, by purchase or otherwise, if they were acquired,

(A) on or before June 12, 2006, or

(B) at any other time if the acquisition is reported by the board as being for the purposes of school renewal; and

(b) subject to subsections (3) to (6), acquiring, by purchase, 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.

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

Reserve Fund for the Proceeds of Disposition of Schools that are Prohibitive to Repair

2.1 (1) Subject to subsection (3), every district school board shall allocate all proceeds of sales, leases and other dispositions of real property described in subsection (2) to a reserve fund established only for the purposes of financing the acquisition of any of the following things that were acquired on or before June 12, 2006, by lease, purchase or otherwise:

1. School sites that provide or are capable of providing pupil accommodation, and additions or improvements to such school sites.

2. School buildings, fixtures of school buildings, fixtures of school properties, and additions, alterations, renovations or major repairs to school buildings, fixtures of school buildings or fixtures of school properties.

3. Furniture and equipment to be used in school buildings.

4. Library materials for the initial equipping of libraries in school buildings.

5. Installations on school properties to supply school buildings on the properties with water, sewer, septic, electrical, heating, cooling, natural gas, telephone or cable services, and alterations, replacements or major repairs to those installations.

6. Changes to the level, drainage or surface of school properties.

(2) The real property referred to in subsection (1) is all schools, and all school sites on which a school described as follows is located:

1. The school is designated as a school that is prohibitive to repair in a regulation made under section 234 of the Act.

2. A grant was calculated in a regulation made under section 234 of the Act in respect of the school on the basis of the board’s cost of borrowing to finance the replacement of the school.

(3) Subsection 231 (6) of the Act applies to money held in a reserve fund described in this section.

(4) Subject to subsection (5), every district school board shall allocate all proceeds of property insurance on property of a kind referred to in subsection (2), whether or not the property was acquired with money from a reserve fund referred to in subsection (1), to a reserve fund established only for the purposes referred to in subsection (1).

(5) Subsections (1) and (4) do not apply to,

(a) proceeds that are required by section 3 to be allocated to an education development charge account or education development charge reserve fund;

(b) proceeds that the board is required to pay to another board pursuant to an agreement approved by the Education Improvement Commission; or

(c) proceeds that the board is required to pay to the Crown in right of Canada pursuant to an agreement under subsection 188 (3) of the Act.

4. Subsection 4 (2) of the Regulation is amended by adding the following paragraph:

11. A long-term care home as defined in the Long-Term Care Homes Act, 2007.

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

Made by:
Pris par :

La ministre de l’Éducation,

Kathleen O’Day Wynne

Minister of Education

Date made: April 3, 2008.
Pris le : 3 avril 2008.

 

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