Part 6 — Finance and Property Division 1 Finance
169 Payment from the Fund
(a) "eligible student" means a student who is eligible in
accordance with regulations made under subsection (8);
(b) "amount per student" mean s the amount calculated in
accordance with subsection (4).
(2) Subject to regulations made under subsection (8), the Minister
shall make payments from the Alberta School Foundation Fund to
all boards, whether or not the board has a subsisting resolution that
this Division does not apply to it.
(3) The Minister shall not make a payment from the Alberta
School Foundation Fund to any person other than a board except
(a) when section 167(13) applies, or
(b) when a payment to the General Revenue Fund is required to
repay advances made from that Fund to the Alberta School
Foundation Fund, and in that case, interest may also be paid
from the Alberta School Foundation Fund to the General
Revenue Fund.
(4) The amount per student with respect to a board is the amount
obtained by dividing
(a) the total amount received by the board pursuant to a
payment from the Alberta School Foundation Fund and a
requisition under section 160, other than pursuant to a
special school tax levy,
by
(b) the number of eligible students enrolled in schools operat ed
by the board.
(5) The Minister shall calculate the amount to be paid from the
Alberta School Foundation Fund to all boards in such a way that
the payment for a school year to each board is consistent with the
principle that every board is entitled to receive the same amount
per student for the school year.
(6) If a separate school division to which this Division does not
apply receives from municipalities requisitioned by the board an
amount per student for a school year that is greater than the amount
per student for the school year used by the Minister to calculate
payments from the Alberta School Foundation Fund under
subsection (5) subject to the rights under the Constitution of
Canada of separate school electors, the board of that school
division shall pay the difference between the amounts into the
Alberta School Foundation Fund.
(7) The receipt of money from the Alberta School Foundation
Fund does not make this Division apply to a board of a separate
school division that has a subsisting resolution certifying that this
Division does not apply to it.
(8) The Lieutenant Governor in Council may make regulations
(a) respecting payments to boards from the Alberta School
Foundation Fund for the purposes of education under this
Act;
(b) establishing criteria for de termining who is an eligible
student.