Education Emergency Pandemic Support Program Regulations, E-0.2 Reg 30

1 EDUCATION EMERGENCY PANDEMIC SUPPORT PROGRAM E-0.2 REG 30 The Education Emergency Pandemic Support Program Regulations being Chapter E-0.2 Reg 30 (effective September 3, 2020) as amended by Saskatchewan Regulations 24/2021. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 EDUCATION EMERGENCY E-0.2 REG 30 PANDEMIC SUPPORT PROGRAM Table of Contents 1 Title 9 Program payment 2 Definitions 9.1 Program payment for 2021-2022 school year 3 Program established 10 Audit 4 Eligible applicants 11 Overpayment 5 Application 12 Powers re overpayments 6 Application deadlines 13 Termination of program if moneys fully utilized 7 Eligible expenses 14 Immunity 8 Approval 15 Coming into force 3 EDUCATION EMERGENCY PANDEMIC SUPPORT PROGRAM E-0.2 REG 30 CHAPTER E-0.2 REG 30 The Education Act, 1995 Title 1 These regulations may be cited as The Education Emergency Pandemic Support Program Regulations. Definitions 2 In these regulations: “Act” means The Education Act, 1995; “applicant” means an applicant for a program payment; “application” means an application for a program payment; “approved” means approved by the minister; “eligible expense” means an expense that the minister may approve pursuant to section 7; “historical high school” means a historical high school as defined in The Registered Independent Schools Regulations; “prior annual costs” means an applicant’s prior annual costs as assessed by the minister pursuant to subsection 7(3); “program” means the Education Emergency Pandemic Support Program established pursuant to section 3; “program payment” means a payment made to an approved applicant pursuant to section 9 or 9.1; “qualified independent school” means a qualified independent school as defined in The Registered Independent Schools Regulations. 11 Sep 2020 c E-0.2 Reg 30 s2; 19 Mar 2021 SR 24/2021 s3. Program established 3(1) The Education Emergency Pandemic Support Program is established. (2) The purpose of the program is to provide financial assistance to eligible applicants for eligible expenses incurred directly as a result of the COVID-19 pandemic. (3) The following moneys are available for the program: (a) $20 million from the Government of Saskatchewan for eligible expenses incurred directly as a result of the COVID-19 pandemic; (b) $10 million from the Government of Saskatchewan for eligible expenses to enhance non-classroom learning options for pupils with weakened immune systems; (c) moneys allocated by the Government of Saskatchewan from the Government of Canada for the purposes of the program. 11 Sep 2020 c E-0.2 Reg 30 s3. 4 EDUCATION EMERGENCY E-0.2 REG 30 PANDEMIC SUPPORT PROGRAM Eligible applicants 4 Only the following are eligible to apply for financial assistance pursuant to the program: (a) boards of education; (b) the conseil scolaire; (c) historical high schools; (d) qualified independent schools; (e) Cornwall Alternative School. 11 Sep 2020 c E-0.2 Reg 30 s4. Application 5(1) Every applicant for a program payment must apply to the minister in a form and manner satisfactory to the minister. (2) An application pursuant to subsection (1) must include evidence satisfactory to the minister that the applicant has incurred or will incur eligible expenses directly as a result of the COVID-19 pandemic. (3) The minister may require an applicant to provide the minister with any additional information that the minister may reasonably require to evaluate the application and to ensure compliance with these regulations, including original receipts for expenses claimed. (4) No applicant shall supply any false or misleading information to the minister on any application or in response to any request for information from the minister. (5) An applicant shall provide the minister with any changes to the information on any application as soon as possible after that information changes. (6) An applicant shall allow the minister or any person designated by the minister to inspect: (a) any item that is being claimed by the applicant as an eligible expense; and (b) any records that the minister considers necessary or relevant to evaluate the application or to ensure compliance with these regulations. 11 Sep 2020 c E-0.2 Reg 30 s5. Application deadlines 6(1) An applicant may apply to the program for the 2020-2021 school year based on planned eligible expenses to support the applicant’s school re-opening plan. (2) Applicants may apply to the program during the 2020-2021 school year, within the times specified by the minister, with respect to: (a) eligible expenses for previously unanticipated items; and (b) actual eligible expenses for staffing costs if actual costs have exceeded the applicant’s prior annual costs for staffing. 5 EDUCATION EMERGENCY PANDEMIC SUPPORT PROGRAM E-0.2 REG 30 (3) Subject to subsection (4), all applications must be received by the minister on or before July 31, 2021. (4) The minister may consider an application received after July 31, 2021 if the minister is satisfied that extenuating circumstances made it unreasonable or impossible for the application to have been received by July 31, 2021. 11 Sep 2020 c E-0.2 Reg 30 s6. Eligible expenses 7(1) For the purposes of the program, the minister may approve the following as eligible expenses: (a) expenses that the applicant has incurred or will incur directly as a result of the COVID-19 pandemic, including: (i) increased cleaning and sanitization supplies and equipment; (ii) increased school transportation cleaning costs; (iii) increased supplies and equipment for pupils for the purposes of lowering shared usage among pupils; (iv) actual substitute staffing costs that exceed the applicant’s prior annual costs; (v) additional temporary, short-term staff for exceptional circumstances; (vi) any other expense for which the Government of Canada has provided funding for the purposes of the program; and (vii) any other expense that the minister considers acceptable for pandemic safety purposes; (b) expenses to enhance the applicant’s non-classroom learning options for pupils with weakened immune systems, including: (i) increased technology requirements that support non-classroom learning; (ii) additional temporary, short-term staff for exceptional circumstances; (iii) any other expense for which the Government of Canada has provided funding for the purposes of the program; and (iv) any other expense that the minister considers acceptable to enhance non-classroom learning options. (2) The following are not to be approved as eligible expenses: (a) costs that could be eligible to be paid from the applicant’s preventative maintenance and renewal funding; (b) any other expense that the minister determines is ineligible. 6 EDUCATION EMERGENCY E-0.2 REG 30 PANDEMIC SUPPORT PROGRAM (3) The minister may consider the following factors in assessing an applicant’s prior annual costs: (a) the applicant’s actual expenses for the 2018-2019 school year; (b) the applicant’s budgeted and forecasted expenses for the 2019-2020 school year; (c) adjustments to enrolment; (d) adjustments related to the teacher salary increases in accordance with the applicable teachers’ collective bargaining agreement; (e) any other factor that the minister considers appropriate in the circumstances. 11 Sep 2020 c E-0.2 Reg 30 s7. Approval 8(1) On receipt of an application pursuant to these regulations, the minister shall: (a) review the application to verify that the applicant has met the requirements of the program; (b) determine which expenses claimed by the applicant are eligible expenses, if any; and (c) subject to subsection 3(3) and section 13, make a recommendation to the Minister of Finance as to the amount of the program payment that an approved applicant is eligible to receive. (2) The minister may approve different levels of funding to different applicants for approved eligible expenses based on: (a) the number of COVID-19 cases and outbreaks within an applicant’s geographical area; and (b) any additional factors that the minister considers appropriate in order to adapt to the changing COVID-19 environment and the differing levels of need resulting from the COVID-19 pandemic. (3) No program payment to an approved applicant shall exceed the total amount of the applicant’s approved eligible expenses. (4) If the minister rejects an application for failure to meet the program requirements, the minister shall notify the applicant in writing. 11 Sep 2020 c E-0.2 Reg 30 s8. Program payment 9(1) Subject to subsection 3(3) and section 13, the Minister of Finance may make a program payment to an approved applicant in the amount: (a) recommended by the minister; and (b) authorized by the Minister of Finance. 7 EDUCATION EMERGENCY PANDEMIC SUPPORT PROGRAM E-0.2 REG 30 (2) The Minister of Finance may rely on the minister’s approval of the application and the applicant’s eligible expenses for the purposes of certifying pursuant to The Financial Administration Act, 1993 the lawfulness, propriety and accuracy of the program payment and that the applicant is eligible for the program payment. (3) Every program payment that is paid to an approved applicant pursuant to these regulations is subject to the following terms and conditions: (a) the approved applicant and its schools must be organized, operated and maintained in accordance with the Act and the regulations; (b) the approved applicant must comply with every term and condition that may be imposed on the program payment by the Act, The Executive Government Administration Act, these regulations or the minister; (c) the approved applicant shall use the program payment only for the purpose for which the program payment is made. 11 Sep 2020 c E-0.2 Reg 30 s9. Program payment for 2021‑2022 school year 9.1(1) If there are moneys remaining in the program after moneys have been allocated pursuant to the program for the 2020-2021 school year, every eligible applicant that was approved for a program payment for the 2020-2021 school year is eligible to receive a program payment for the 2021-2022 school year, for approved eligible expenses, in the amount: (a) recommended by the minister; and (b) authorized by the Minister of Finance. (2) The amount of an eligible applicant’s program payment for the 2021-2022 school year is to be calculated based on the eligible applicant’s proportionate share of budgeted operating grants paid by the minister for the 2020-2021 school year. (3) Unless requested by the minister, no further application is required for an applicant to be eligible to receive a program payment for the 2021-2022 school year. 19 Mar 2021 SR 24/2021 s4. Audit 10 Every approved applicant who receives a program payment pursuant to these regulations shall provide, at the minister’s request and within the period specified by the minister, any information or record that the minister may require to audit the applicant’s financial affairs. 11 Sep 2020 c E-0.2 Reg 30 s10. 8 EDUCATION EMERGENCY E-0.2 REG 30 PANDEMIC SUPPORT PROGRAM Overpayment 11(1) The minister may declare all or any part of a program payment made to an approved applicant pursuant to these regulations to be an overpayment if, in the opinion of the minister: (a) the applicant has knowingly made a false or misleading statement with respect to a material fact on any form or in any information or record provided to the minister pursuant to these regulations; (b) the applicant has knowingly omitted to make a statement or to provide any information or record to the minister pursuant to these regulations that results in a statement with respect to a material fact being misleading; or (c) the applicant has failed to comply with these regulations. (2) If the minister declares all or any portion of a program payment to be an overpayment, the amount of the overpayment is deemed to be a debt due and owing to the Government of Saskatchewan and may be recovered from the approved applicant in any manner authorized pursuant to The Financial Administration Act, 1993 or in any other manner authorized by law. 11 Sep 2020 c E-0.2 Reg 30 s11. Powers re overpayments 12(1) The Minister of Finance, on the request of the minister, may collect any overpayment declared by the minister pursuant to section 11. (2) For the purposes of collecting overpayments, the Minister of Finance may exercise any power conferred on the Minister of Finance pursuant to The Revenue and Financial Services Act. 11 Sep 2020 c E-0.2 Reg 30 s12. Termination of program if moneys fully utilized 13(1) Notwithstanding any other provision of these regulations, if the minister determines that moneys available for the purposes of the program have been fully allocated, the minister may refuse to approve any application, and the applicant is not eligible to receive any program payment with respect to that application. (2) If the minister makes a determination pursuant to subsection (1), the minister may cause the effective date of the determination: (a) to be posted on the ministry’s website; and (b) to be made public in any other manner that the minister considers appropriate. (3) The effective date of the determination may be an earlier date than the date on which the minister makes public the effective date of the determination. (4) The program is terminated on the effective date of the determination as made public by the minister. 11 Sep 2020 c E-0.2 Reg 30 s13. 9 EDUCATION EMERGENCY PANDEMIC SUPPORT PROGRAM E-0.2 REG 30 Immunity 14(1) No action or proceeding lies or shall be commenced against the Government of Saskatchewan, the Minister of Education, the Minister of Finance, any ministry of the Government of Saskatchewan, or any officer or employee of any ministry, if that person is acting pursuant to the authority of these regulations, for anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done, by that person or by any of those persons pursuant to or in the exercise or supposed exercise of any power conferred by these regulations or in the carrying out or supposed carrying out of any duty imposed by these regulations. (2) The decisions or actions of any of the persons mentioned in subsection (1) are final and conclusive and are not reviewable by any court of law or restrained by any injunction, prohibition, mandamus, certiorari or other proceeding whatsoever. 11 Sep 2020 c E-0.2 Reg 30 s14. Coming into force 15 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 11 Sep 2020 c E-0.2 Reg 30 s15. 10 EDUCATION EMERGENCY E-0.2 REG 30 PANDEMIC SUPPORT PROGRAM REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2021