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AR 77/2019 ALBERTA SCHOOL FOUNDATION FUND REGULATION

(no amdt)

ALBERTA REGULATION 77/2019

Education Act

ALBERTA SCHOOL FOUNDATION FUND REGULATION

Table of Contents

                1       Definitions

                2       Application

                3       Eligible student criteria

                4       Time for payment

                5       Repeal

                6       Expiry

                7       Coming into force

Definitions

1   In this Regulation,

                                 (a)    “business day” means a day that is neither a Saturday nor a holiday;

                                 (b)    “eligible student” means a student who meets the requirements of section 3;

                                 (c)    “Fund” means the Alberta School Foundation Fund continued by section 165 of the Act.

Application

2   This Regulation applies to payments made from the Fund to a board for each eligible student.


Eligible student criteria

3(1)  Subject to subsection (2), for the purposes of this Regulation and section 169 of the Act, a student is an eligible student in respect of a school year if

                                 (a)    on the last day of September on which instruction is given by a teacher at a school operated by a board, the student is enrolled in and attending the school,

                                 (b)    on the day referred to in clause (a), the student complies with section 3(1)(b) and (c) of the Act,

                                 (c)    on September 1,

                                           (i)    for the 2019‑2020 school year, the student is at least 5 years 6 months but less than 20 years of age, and

                                          (ii)    for the 2021‑2022 school year and subsequent years, the student is at least 5 years 8 months but less than 20 years of age,

                                 (d)    the student is not enrolled in a home education program,

                                 (e)    the student is not a child to whom an early childhood services program is being provided pursuant to section 21(1) or (2) of the Act, and

                                 (f)    the student is not an Indian residing on a reserve pursuant to the Indian Act (Canada).

(2)  A student who is an eligible student by virtue of meeting the criteria in subsection (1), including the requirement that the student be enrolled in and attending a school on the last day of September on which instruction is given by a teacher at that school, does not qualify as an eligible student for a second or subsequent time by virtue of enrolling in and attending a different school on a day after the last day of September on which instruction is given by a teacher at that previous school.

Time for payment

4(1)  The Minister may, in making payments to a board under section 169(2) of the Act, pay a portion of those payments to the board on the 15th day or next following business day of each month.

(2)  A board that is required to make payments to the Fund under section 169(6) of the Act shall make those payments on or before the first business day of each of October, January, April and July.

(3)  A board that receives advances from the Minister against the requisition to be received from a municipality shall repay those advances on or before the last business day of each of September, December, March and June.

Repeal

5   The Alberta School Foundation Fund Regulation (AR 250/96) is repealed.

Expiry

6   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2029.

Coming into force

7   This Regulation comes into force on September 1, 2019.