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ontario regulation 119/07

made under the

Ministry of Training, Colleges and Universities Act

Made: March 21, 2007
Filed: March 27, 2007
Published on e-Laws: March 28, 2007
Printed in The �������� Gazette: April 14, 2007

Amending O. Reg. 268/01

(�������� Student Loans made after July 31, 2001)

1. (1) The definition of “approved course of study” in subsection 2 (1) of �������� Regulation 268/01 is revoked.

(2) Subsection 2 (1) of the Regulation is amended by adding the following definitions:

“approved program of study” means a program of study approved in accordance with subsection 7 (1);

“period of study” means, in relation to a program of study, a period described in subsection 7 (2);

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

Period of loan

3.1 (1) A student loan may be made for no more than one period of study in the approved program of study in which the student is or will be enrolled.

(2) An individual who wishes to obtain student loans for more than one period of study must follow the application process set out in subsection 3 (1) for each period of study.

3. Subsection 4 (1) of the Regulation is amended by striking out “approved course of study” and substituting “approved program of study”.

4. (1) Section 5 of the Regulation is amended,

(a) by striking out “an approved course of study” in subclause (a) (ii) and substituting “a period of study”;

(b) by striking out “approved course of study” in clause (c) and substituting “approved program of study”; and

(c) by striking out “course of study” in clause (d) and substituting “period of study of the approved program of study”.

(2) Section 5 of the Regulation is amended by adding the following subsection:

(2) An individual who is enrolled or intends to enrol in a program of study taught in American Sign Language at an approved institution outside Canada is eligible to receive a certificate of loan approval only if he or she is deaf or hard-of-hearing.

5. (1) Subsection 6 (1) of the Regulation is amended by striking out “approved course of study” in the portion before clause (a) and substituting “period of study of the approved program of study”.

(2) Subsection 6 (4) of the Regulation is amended by striking out “course of study” and substituting “period of study”.

6. Section 7 of the Regulation is revoked and the following substituted:

Approved program of study

7. (1) The Minister may approve a program of study as a program of study for which students may be eligible to receive a student loan if the program,

(a) is provided at an approved institution;

(b) consists of one or more periods of study of no less than 12 weeks and no more than 52 weeks; and

(c) leads to the granting of a certificate, degree or diploma upon the successful completion of the program.

(2) For the purposes of clause (1) (b), the period of study of an approved program of study is the period of time that the approved institution considers to be the normal school year for that particular program, as determined by that institution for academic purposes, which may include one or more academic terms.

(3) The Minister may approve a program of study for deaf or hard of hearing students at an approved institution referred to in paragraph 2.1 of subsection 8 (2) only if,

(a) the program meets the requirements of subsection (1); and

(b) the only or principle language of instruction used in the program is American Sign Language (ASL).

(4) The Minister may withdraw his or her approval for a program of study if the program ceases to meet the requirements established under the Act, terms established by the Minister or terms established in any agreement entered into for the purposes of the Minister’s approval.

7. (1) Paragraph 3 of subsection 8 (1) of the Regulation is revoked and the following substituted:

3. University of Guelph - Campus d’Alfred.

3.1 University of Guelph - Kemptville Campus.

3.2 University of Guelph - Ridgetown Campus.

(2) Subsection 8 (2) of the Regulation is amended by adding the following paragraph:

2.1 A post-secondary institution outside of Canada at which one or more programs of study that meet the requirements of subsection 7 (3) are provided for deaf or hard-of-hearing students.

(3) Paragraph 5 of subsection 8 (2) of the Regulation is amended by striking out “operating in another jurisdiction” and substituting “operating in another Canadian jurisdiction”.

8. Section 9 of the Regulation is amended,

(a) by striking out “approved course of study” in the portion before clause (a) and substituting “approved program of study”; and

(b) by striking out “that course of study” wherever it appears in clauses (a) and (b) and substituting in each case “the period of study in question”.

9. Subsection 10 (1) of the Regulation is amended by striking out “approved course of study at an approved institution for a specified period of time” at the end and substituting “approved program of study at an approved institution for a particular period of study”.

10. Section 11 of the Regulation is amended by striking out “approved course of study” in the portion before paragraph 1 and substituting “approved program of study”.

11. Section 12 of the Regulation is amended by striking out “approved course of study” in the portion before paragraph 1 and substituting “approved program of study”.

12. (1) Subsection 13 (1) of the Regulation is amended by striking out “approved course of study” and substituting “approved program of study”.

(2) Section 13 of the Regulation is amended by adding the following subsection:

(3) The Minister shall not have regard to the Universal Child Care Benefit in determining the individual’s financial resources under subsection (2).

13. (1) Paragraph 2 of subsection 14 (1) of the Regulation is revoked and the following substituted:

2. The individual is entitled to receive student financial assistance from the Government of Canada or from the government of another province or territory of Canada or of another country.

(2) Subsection 14 (2) of the Regulation is amended by striking out “course of study” at the end and substituting “program of study”.

14. Subsections 15 (1) and (2) of the Regulation are revoked and the following substituted:

Restrictions on issuance of certificate

(1) The Minister shall not issue a certificate of loan approval to an individual if the individual has received loans under the Act or �������� Access Grants under �������� Regulation 118/07 (�������� Access Grants) made under the Act, or both, in respect of previous periods of study totalling more than,

(a) 340 weeks for an individual who is enrolled in a program of study other than a doctoral program; or

(b) 400 weeks for an individual who is enrolled in a doctoral program.

(2) The Minister may, in order to accommodate an individual who is a person with a disability, issue a certificate of loan approval to an individual who would otherwise not be issued the certificate under subsection (1).

15. (1) Subsection 15.1 (4) of the Regulation is amended,

(a) by striking out “approved course of study” in the portion before clause (a) and substituting “approved program of study”; and

(b) by striking out “approved course of study” in clause (a) and substituting “approved program of study”.

(2) Subsection 15.1 (5) of the Regulation is amended by striking out “course of study” in clauses (b) and (c) and substituting in each case “approved program of study”.

16. (1) Subsection 16 (1) of the Regulation is revoked and the following substituted:

Scope and duration of certificate

(1) A certificate of loan approval authorizes a student loan to be made to a particular individual for all or part of a period of study in an approved program of study at an approved institution, all of which shall be specified in the certificate.

(2) Subsection 16 (2) of the Regulation is amended by striking out “in the course of study for the period of time” and substituting “in the approved program of study for the period of study”.

17. (1) Subsection 17 (1) of the Regulation is amended by striking out “approved course of study” at the end and substituting “approved program of study for the period of study specified in the certificate”.��

(2) Subsection 17 (2) of the Regulation is amended by striking out “approved course of study” at the end and substituting “approved program of study for the period of study specified in the certificate”.

(3) The definition of “single student” in subsection 17 (3) of the Regulation is amended by striking out “classes normally begin in the approved course of study” at the end and substituting “classes for the period of study normally begin”.

18. Subsections 23 (1) and (2) of the Regulation are revoked and the following substituted:

Qualifying student

(1) An individual is a qualifying student during a period of study for which he or she receives a student loan or a grant under �������� Regulation 118/07 (�������� Access Grants) made under the Act.

(2) An individual may be a qualifying student during a period of study for which he or she does not receive a student loan or a grant under �������� Regulation 118/07 (�������� Access Grants) made under the Act, if the requirements set out in section 24 or 25 are met.

19. (1) Subsection 24 (1) of the Regulation is amended by striking out “for which he or she does not receive a student loan” and substituting “for which he or she does not receive a student loan or a grant under �������� Regulation 118/07 (�������� Access Grants) made under the Act”.

(2) Clause 24 (2) (a) of the Regulation is revoked and the following substituted:

(a) that he or she is enrolled in an approved program of study at an approved institution for the period of study in question, and that he or she is taking at least the minimum required course load;

(3) Subsection 24 (2.1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2.1) For the purposes of clauses (2) (b), (c) and (d), the minimum course load that an individual who is enrolled in a program of study at an institution described in one of those clauses must take in order to maintain his or her status as a qualifying student during the relevant period of study is,

. . . . .

(4) Clauses 24 (2.1) (a) and (b) of the Regulation are amended by striking out “individual’s course of study” wherever it appears and substituting in each case “period of study”.

20. Subsection 25 (1) of the Regulation is amended by striking out “for which he or she does not receive a student loan” in the portion before clause (a) and substituting “for which he or she does not receive a student loan or a grant under �������� Regulation 118/07 (�������� Access Grants) made under the Act”.

21. (1) Paragraph 1 of subsection 27 (1) of the Regulation is amended by striking out “approved course of study” and substituting “approved program of study”.

(2) Paragraph 2 of subsection 27 (1) of the Regulation is amended by striking out “in the approved course of study” at the end and substituting “for the period of study in the approved program of study”.

(3) Paragraph 4 of subsection 27 (1) of the Regulation is revoked and the following substituted:

4. The program of study in which the individual is enrolled at the approved institution ceases to be an approved program of study.

(4) Paragraph 6 of subsection 27 (1) of the Regulation is revoked and the following substituted:

6. The period of study for which the individual received a student loan or an �������� Access Grant under �������� Regulation 118/07 (�������� Access Grants) made under the Act ends and the number of weeks in respect of which the individual has received a student loan or an �������� Access Grant during his or her lifetime is equal to or greater than,

i. 340 weeks for an individual who is enrolled in a program of study other than a doctoral program, or

ii. 400 weeks for an individual who is enrolled in a doctoral program.

(5) Subsection 27 (3) of the Regulation is amended,

(a) by striking out “approved course of study” in clause (b) and substituting “approved program of study”; and

(b) by striking out “course of study” in clause (c) and substituting “approved program of study”.

22. (1) Subsection 33 (2) of the Regulation is amended by striking out “When the individual enters into a consolidated loan agreement” at the beginning and substituting “After the 12-month period during which the individual received student loans has expired”.

(2) Subsection 33 (7) of the Regulation is amended by striking out “approved course of study” in the portion before the Table and substituting “approved program of study”.

23. Clause 36 (1) (c) of the Regulation is revoked and the following substituted:

(c) if, in the opinion of the Minister, he or she is unable to make the payments without incurring exceptional hardship, taking into account his or her gross income and that of his or her spouse, if any, from all sources, except the Universal Child Care Benefit, and the obligations of the individual and his or her spouse to a child or other person who is wholly dependent on either of them.

24. Subsection 39.1 (5) of the Regulation is amended by striking out “approved course of study” and substituting “approved program of study”.

25. The definitions of “family” and “family income” in subsection 40.2 (6) of the Regulation are revoked and the following substituted:

“family” includes the individual, his or her spouse, if any, and any person who is wholly dependent on either of them;

“family income” means the individual’s gross income and that of his or her spouse, if any, from all sources, except the Universal Child Care Benefit.

26. (1) Clause 40.4 (1) (e) of the Regulation is revoked and the following substituted:

(e) in the opinion of the Minister, the individual is unable to repay his or her student loans without incurring exceptional hardship, taking into account the individual’s assets and liabilities, his or her gross income and the gross income of his or her spouse, if any, from all sources, except the Universal Child Care Benefit, and the obligations of the individual and his or her spouse to persons who are wholly dependent on either of them.

(2) Section 40.4 of the Regulation is amended by adding the following subsection:

(3) The Minister may terminate an individual’s obligation to repay a student loan before the individual enters into a consolidated loan agreement for the repayment of any outstanding amounts on those loans if,

(a) the individual otherwise meets the requirements of subsection (1) or of subsection (2); and

(b) after considering the particular facts and circumstances of the individual, the Minister determines that it is appropriate to do so.

27. (1) Paragraph 2 of subsection 42.1 (1) of the Regulation is amended by striking out “relating to a student loan” and substituting “relating to a student loan or to a program of awards, grants or bursaries made by the Government of ��������, the Government of Canada or the government of any other province or territory of Canada or of any other country”.

(2) Subsection 42.1 (7) of the Regulation is revoked and the following substituted:

(7) Despite subsection (6) and subject to subsection (8), at the end of the period of ineligibility specified by the Minister in the notice under subsection (1), the Minister may, having regard to the particular facts and special circumstances of the individual, determine that the amount of principal outstanding on student loans shall be reduced in accordance with section 33 if the individual is otherwise eligible for the reduction.

(8) A reduction granted under subsection (7) shall not be granted with respect to any student loans received for a particular period of study if,

(a) the student loan was received based on incorrect or incomplete information as described in paragraphs 1 and 2 of subsection (1);

(b) the period of study in respect of which the loan was granted is the period of study during which,

(i) the individual committed the act or omission which led to a conviction referred to in paragraph 3 of subsection (1), or

(ii) the individual failed to make satisfactory progress resulting in a determination by the Minister under paragraph 4 of subsection (1).

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