O. Reg. 212/12: ONTARIO ACCESS GRANTS

Link to law: http://www.ontario.ca/laws/regulation/r12212
Published: 2012-07-20

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ONTARIO REGULATION 212/12

made under the

MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT

Made: July 18, 2012
Filed: July 20, 2012
Published on e-Laws: July 20, 2012
Printed in The Ontario Gazette: August 4, 2012


Amending O. Reg. 118/07

(ONTARIO ACCESS GRANTS)

Note: Ontario Regulation 118/07 has not previously been amended.

1. The title to Ontario Regulation 118/07 is revoked and the following substituted:

ONTARIO ACCESS GRANTS AND ONTARIO TUITION GRANTS

2. The Regulation is amended by adding the following heading before section 1:

Definitions

3. (1) Section 1 of the Regulation is amended by adding the following definition:

“academic year” means a period beginning on August 1 in a year and ending on July 31 of the next year; (“année d’études”)

(2) The definition of “approved institution” in section 1 of the Regulation is revoked.

(3) Section 1 of the Regulation is amended by adding the following definitions:

“Ontario Tuition Grant” means a grant made under section 9; (“bourse d’études de l’Ontario”)

“parent” includes a parent, step-parent and an individual who is the applicant’s sponsor within the meaning of the regulations made under the Immigration and Refugee Protection Act (Canada); (“parent”)

“secondary school” means,

(a) a secondary school as defined under the Education Act,

(b) an Ontario private school inspected by the Minister of Education pursuant to the Education Act in respect of the standard of instruction in subjects leading to the Ontario secondary school diploma, and to the secondary school honour graduation diploma, or

(c) the equivalent of a school referred to in clause (a) or (b), as determined by the Minister of Training, Colleges and Universities. (“école secondaire”)

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

Ontario Access Grants

Definitions

1.1 For purposes of the sections 2 to 7,

“approved institution” means a post-secondary institution that is an approved institution for the purposes of student loans under Ontario Regulation 268/01 (Prescribed Financial Institutions and Ontario Student Loans made after July 31, 2001) made under the Act.

5. Subclause 4 (d) (ii) of the Regulation is revoked and the following substituted:

(ii) is not a program that requires post-secondary studies as a prerequisite to enrolment in the first year of the program;

6. (1) Subsection 5 (3) of the Regulation is revoked and the following substituted:

(3) For the purposes of subsection (2), the combined annual income of an individual’s parents shall be the sum of each parent’s income for the most recent calendar year that ended immediately before the first day of the academic year relating to the period of study for which the grant application is made, as shown on Line 236 of each parent’s income tax return for that calendar year.

(2) Clause 5 (4) (b) of the Regulation is revoked and the following substituted:

(b) the Minister receives evidence, to the satisfaction of the Minister, from the individual of the change and of the current combined annual income of the individual’s parents.

(3) Clause 5 (5) (c) of the Regulation is revoked and the following substituted:

(c) there are such other exceptional circumstances as the Minister may approve and the Minister is satisfied that such circumstances exist.

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

(7) In this section,

“Universal Child Care Benefit” means a benefit provided under section 4 of the Universal Child Care Benefit Act (Canada).

7. Section 6 of the Regulation is amended by adding the following subsection:

(2) If an individual is entitled to, or has been issued, an Ontario Tuition Grant for a period of study that commences on or after August 1, 2012, the amount of the Ontario Access Grant for which he or she is eligible shall be reduced by the amount of the Ontario Tuition Grant, but if after the reduction the amount of the Ontario Access Grant would be equal to or greater than $1 and less than $100, the amount of the Ontario Access Grant shall be $100.

8. The Regulation is amended by adding the following sections:

Ontario Tuition Grants

Definition and application

8. (1) In sections 9 to 12,

“approved institution” means,

(a) an approved institution for the purposes of student loans set out in paragraphs 1 to 3.2 of subsection 8 (1) and paragraph 2.1 of subsection 8 (2) of Ontario Regulation 268/01 (Prescribed Financial Institutions and Ontario Student Loans made after July 31, 2001) made under the Act,

(b) the Michener Institute for Applied Health Sciences, and

(c) the College of the Dominican or Friar Preachers of Ottawa.

(2) Sections 9 to 12 apply to periods of study that commence on or after August 1, 2012.

Ontario Tuition Grant, terms for eligibility

9. (1) The Minister may make an Ontario Tuition Grant to an individual if the individual,

(a) is a Canadian citizen, a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada) or a protected person within the meaning of subsection 95 (2) of that Act;

(b) meets the residency requirements that must be met in order to receive a student loan, as set out in section 6 of Ontario Regulation 268/01 (Prescribed Financial Institutions and Ontario Student Loans made after July 31, 2001) made under the Act;

(c) is enrolled at an approved institution in an approved program of study that does not require post-secondary studies as a prerequisite to enrolment in the first year of the program;

(d) is taking at least the minimum required course load for the approved program of study in which he or she is enrolled;

(e) ceased attending secondary school on a full-time basis less than four years before the first day of the period of study for which the grant is made or, if the individual has a permanent disability, ceased attending secondary school on a full-time basis less than six years before the first day of the period of study for which the grant is made;

(f) has parents with a combined annual income of $160,000 or less for the most recent calendar year that ended immediately before the first day of the academic year relating to the period of study for which the grant application is made, as shown on Line 150 of each parent’s income tax return for that calendar year;

(g) is not the subject of a determination made by the Minister under section 42.1 of Ontario Regulation 268/01, as a result of which the individual is ineligible to receive a certificate of loan approval for a student loan at the time of the application for the grant; and

(h) is not ineligible for a certificate of loan approval for a student loan under section 15.1 of Ontario Regulation 268/01.

(2) The Minister may, in order to accommodate an individual based on reasons of a disability, family status or marital status, determine that clause (1) (e) does not apply.

(3) Despite clause (1) (f), the Minister shall determine the combined annual income of an individual’s parents by taking into account such evidence as the individual may provide if,

(a) the amounts indicated in the income tax returns referred to in clause (1) (f) are no longer accurate due to a significant change in the combined annual income of the individual’s parents; and

(b) the Minister receives evidence, to the satisfaction of the Minister, from the individual of the change and of the current combined annual income of the individual’s parents.

(4) Clause (1) (f) does not apply with respect to an individual if,

(a) the individual’s parents are both deceased;

(b) the individual is a Crown ward or was a Crown ward at the time of his or her 18th birthday; or

(c) there are such other exceptional circumstances as the Minister may approve and the Minister is satisfied that such circumstances exist.

(5) The Minister shall not include the Universal Child Care Benefit in determining the combined annual income of the individual’s parents under clause (1) (f).

(6) In this section,

“Universal Child Care Benefit” means a benefit provided under section 4 of the Universal Child Care Benefit Act (Canada).

Refusal to issue grant

10. The Minister may refuse to issue an Ontario Tuition Grant to an individual if,

(a) the Minister considers, after consulting with the approved institution where the individual is enrolled, that the individual has not made satisfactory academic progress in an approved program of study;

(b) the individual has not made arrangements that are satisfactory to the Minister to repay, or has not repaid, a student loan or any other amount required to be paid to the Crown in respect of a loan, grant or award made by the Government of Ontario, the Government of Canada or the government of any other province or territory;

(c) the individual has given the Minister incorrect information relating to a grant;

(d) the individual has been convicted of,

(i) an offence under the Ministry of Training, Colleges and Universities Act, the Canada Student Loans Act or the Canada Student Financial Assistance Act, or

(ii) an offence under the Criminal Code (Canada) involving fraud or theft in respect of any student assistance program or a loan, grant or award made by the Government of Ontario, the Government of Canada or the government of any other province or territory of Canada; or

(e) the individual is in receipt of financial assistance under the Second Career Program, funded by the Government of Ontario, relating to the approved program of study.

Application for grant

11. An individual shall make an application for an Ontario Tuition Grant on a form approved by the Minister.

Repayment of grant

12. (1) The Minister may require an individual who has received an Ontario Tuition Grant to repay all or part of the grant to the Minister of Finance if the individual,

(a) has given the Minister incorrect information relating to a grant; or

(b) has been convicted of,

(i) an offence under the Ministry of Training, Colleges and Universities Act, the Canada Student Loans Act or the Canada Student Financial Assistance Act, or

(ii) an offence under the Criminal Code (Canada) involving fraud or theft in respect of any student assistance program or a loan, grant or award made by the Government of Ontario, the Government of Canada or the government of any other province or territory of Canada.

(2) The Minister may require an individual to repay to the Minister of Finance any overpayment of an Ontario Tuition Grant, if the individual receives a grant and the grant is in excess in whole or in part of the amount that the individual is eligible to receive as a grant due to,

(a) an error or mistake; or

(b) a change in the individual’s circumstances during the relevant period of study.

Commencement

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

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