O. Reg. 83/23: ONTARIO STUDENT GRANTS AND ONTARIO STUDENT LOANS

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ontario regulation 83/23

made under the

Ministry of Training, Colleges and Universities Act

Made: April 27, 2023
Filed: May 1, 2023
Published on e-Laws: May 2, 2023
Published in The Ontario Gazette: May 20, 2023

Amending O. Reg. 70/17

(ONTARIO STUDENT GRANTS AND ONTARIO STUDENT LOANS)

1. (1) Subsection 2 (1) of Ontario Regulation 70/17 is amended by adding the following definitions:

“2023 Regulation” means Ontario Regulation 82/23 (Ontario Learn and Stay Grant) made under the Act; (“Règlement de 2023”)

“grant” means the Ontario Student Grant and does not include any other grant issued under the Act; (“subvention”)

“Ontario Learn and Stay Grant student” has the same meaning as in the 2023 Regulation; (“étudiant bénéficiant de la subvention ontarienne Apprendre et rester”)

“repayment notice” has the same meaning as in the 2020 Regulation; (“avis de remboursement”)

(2) The definition of “borrower” in subsection 2 (1) of the Regulation is amended by adding “under the Act” after “received a grant”.

(3) The definition of “consolidated micro-credential loan agreement” in subsection 2 (1) of the Regulation is revoked.

(4) The definition of “service provider” in subsection 2 (1) of the Regulation is amended by adding “or grants” after “student loans” in the portion before clause (a).

(5) The definition of “student loan agreement” in subsection 2 (1) of the Regulation is amended by adding the following clause:

(a.1)  a master student financial assistance agreement entered into under section 20 of the 2023 Regulation,

(6) Subsections 2 (2) and (2.1) of the Regulation are revoked and the following substituted:

(2) A reference in this Regulation to a “loan” or “student loan” does not include a micro-credential student loan.

(2.1) Despite subsection (2) and the definition of “grant”, a reference in this Regulation to a grant, loan or student loan that is received, granted, made or issued under the Act includes any grant or loan received, granted, made or issued under the Act.

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

(5) A person ceases to be both a qualifying student and an Ontario Learn and Stay Grant student on the first day that the person is neither a qualifying student nor an Ontario Learn and Stay Grant student.

2. Subsection 14 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Maximum number of weeks or academic terms

(1) The Minister shall not issue a grant or student loan if the individual has received any grants or loans under the Act, other than micro-credential grants, micro-credential student loans and Ontario Tuition Grants under Ontario Regulation 118/07 (Ontario Access Grants and Ontario Tuition Grants) made under the Act, in respect of previous periods of study totalling more than,

. . . . .

3. (1) The French version of subsection 15 (1) of the Regulation is amended by striking out “le particulier a été inscrit” and substituting “le particulier est inscrit ou l’a été”.

(2) Paragraphs 1, 3 and 4 of subsection 15 (2) of the Regulation are revoked and the following substituted:

1.  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 any grant or award made by the Government of Ontario under the Act, the Government of Canada or the government of any other province or territory.

. . . . .

3.  The individual has given the Minister incorrect information relating to a grant or student loan under the Act or has not informed the Minister promptly about any change to information previously given to the Minister.

4.  The individual has been found guilty of an offence under the Ministry of Training, Colleges and Universities Act, the Canada Student Loans Act or the Canada Student Financial Assistance Act or an offence under the Criminal Code (Canada) involving fraud or theft in respect of any student assistance program or any grant, loan or award made by the Government of Ontario under the Act, the Government of Canada or the government of any other province or territory.

(3) Section 15 of the Regulation is amended by adding the following subsection:

(3) In this section and in section 16,

“approved institution” includes an approved institution as described in section 8 of the 2023 Regulation.

4. (1) Paragraphs 2 and 3 of subsection 16 (1) of the Regulation are revoked and the following substituted:

2.  The individual has given the Minister incorrect information relating to a student loan or to a program of grants, awards or bursaries made by the Government of Ontario under the Act, the Government of Canada or the government of any other province or territory of Canada or of any other country, or has not informed the Minister promptly about any change to information previously given to the Minister.

3.  The individual has been found guilty of an offence under the Ministry of Training, Colleges and Universities Act, the Canada Student Loans Act or the Canada Student Financial Assistance Act or an offence under the Criminal Code (Canada) involving fraud or theft in respect of any student assistance program or any grant, loan or award made by the Government of Ontario under the Act, the Government of Canada or the government of any other province or territory.

(2) The French version of paragraph 4 of subsection 16 (1) of the Regulation is amended by striking out “le particulier a été inscrit” and substituting “le particulier est inscrit ou l’a été”.

(3) Clause 16 (5) (b) of the Regulation is amended by striking out “and micro-credential student loans” in the portion before subclause (i).

(4) Subclause 16 (5) (b) (i) of the Regulation is revoked and the following substituted:

(i)  Any awards or grants made to the individual by the Minister under the Act.

5. (1) Paragraphs 3 and 4 of subsection 17 (2) of the Regulation are amended by striking out “or micro-credential student loans” wherever it appears.

(2) Subsection 17 (5) of the Regulation is amended by striking out “or micro-credential student loan” in the portion before clause (a).

(3) Clause 17 (5) (a) of the Regulation is amended by striking out “or micro-credential student loans”.

6. (1) Subsection 21 (2) of the Regulation is amended by adding “except for micro-credential grants and micro-credential student loans” after “under the Act”.

(2) Subsections 21 (7) to (9) of the Regulation are revoked and the following substituted:

(7) Despite subsection (2), an individual shall enter into a new master student financial assistance agreement if two or more years have elapsed since the individual ceased to be both a qualifying student and an Ontario Learn and Stay Grant student.

(8) A new master student financial assistance agreement entered into under subsection (7) applies to all grants and student loans received under the Act, other than micro-credential grants and micro-credential student loans, on or after the date on which the individual entered into the new master student financial assistance agreement.

(9) If an individual who entered into a master student financial assistance agreement under section 20 of the 2023 Regulation or a master student loan agreement under section 20 of the 2001 Regulation is issued a notice of assessment under this Regulation, the individual’s master student financial assistance agreement or master student loan agreement is deemed to be a master student financial assistance agreement for the purposes of this Regulation if,

(a)  the individual has not ceased to be an Ontario Learn and Stay Grant student since the master student financial assistance agreement under section 20 of the 2023 Regulation was entered into or, if the individual has ceased to be an Ontario Learn and Stay Grant student, less than two years have elapsed since the individual ceased to be an Ontario Learn and Stay Grant student; or

(b)  the individual has not ceased to be a qualifying student under section 27 of the 2001 Regulation since the master student loan agreement under section 20 of the 2001 Regulation was entered into or, if the individual has ceased to be a qualifying student under the 2001 Regulation, less than two years have elapsed since the individual ceased to be a qualifying student.

7. Subsection 22 (8) of the Regulation is amended by striking out “after the individual ceases to be a qualifying student” and substituting “after the individual ceases to be both a qualifying student and an Ontario Learn and Stay Grant student”.

8. Subsections 23 (1) and (2) of the Regulation are amended by striking out “consolidated micro-credential loan agreement” wherever it appears and substituting “repayment notice” in each case.

9. (1) 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 grant or student loan ends and the number of weeks in respect of all periods of study for which the individual has received a grant or student loan under the Act, other than micro-credential grants, micro-credential student loans and Ontario Tuition Grants under Ontario Regulation 118/07 (Ontario Access Grants and Ontario Tuition Grants) made under the Act, is equal to or greater than the maximum number of weeks calculated in accordance with subsection 14 (1).

(2) Subsection 27 (5) of the Regulation is revoked and the following substituted:

(5) After an individual ceases to be both a qualifying student and an Ontario Learn and Stay Grant student, the individual is required to enter into an agreement under section 28 to consolidate all of their student loans made under the Act, other than micro-credential student loans.

10. (1) Subsection 28 (1) of the Regulation is revoked and the following substituted:

Requirement for a consolidated loan agreement

(1) If an individual has entered into a master student financial assistance agreement under this Regulation or the 2023 Regulation, the individual shall enter into a consolidated loan agreement with the Minister after ceasing to be both a qualifying student and an Ontario Learn and Stay Grant student.

(2) Subsections 28 (3) to (6) of the Regulation are revoked and the following substituted:

(3) If the individual does not enter into a consolidated loan agreement within six months after ceasing to be both a qualifying student and an Ontario Learn and Stay Grant student, section 29 applies until the individual does enter into such an agreement.

(4) The consolidated loan agreement must establish the amount and duration of the repayments to be made to discharge the principal amount of all outstanding student loans issued under the Act, other than micro-credential student loans, and the interest on the outstanding balance from time to time, and the agreement may provide for other matters.

(5) If the individual enters into a consolidated loan agreement and then becomes a qualifying student again or becomes an Ontario Learn and Stay Grant student, the individual is required to enter into a new consolidated loan agreement after ceasing to be both a qualifying student and an Ontario Learn and Stay Grant student, and the new agreement supersedes the old agreement.

(6) If the individual does not enter into a new consolidated loan agreement within six months after ceasing to be both a qualifying student and an Ontario Learn and Stay Grant student, section 29 applies until the individual does enter into such an agreement.

11. Subsections 29 (1) and (2) of the Regulation are revoked and the following substituted:

Arrangement if there is no consolidated loan agreement

(1) If an individual does not enter into a consolidated loan agreement within six months after ceasing to be both a qualifying student and an Ontario Learn and Stay Grant student, the Minister may establish the amount and duration of the repayments to be made to discharge the principal amount of all outstanding student loans issued under the Act, other than micro-credential student loans, and the interest on the outstanding balance from time to time.

(2) If an individual does not enter into a consolidated loan agreement within six months after ceasing to be both a qualifying student and an Ontario Learn and Stay Grant student or does not provide the Minister with a void cheque, a bank account number or with such other information or documents as may be necessary in order to collect payments in accordance with the terms of a consolidated loan agreement, the Minister may require a financial institution to make payments on the individual’s student loans issued under the Act on or after June 22, 2004, other than micro-credential student loans, from an account at the institution that the individual has identified to the Minister.

12. Subsection 30 (1) of the Regulation is revoked and the following substituted:

Obligation to pay interest

(1) An individual is not required to make payments towards the interest accruing on student loans issued under the Act and grants issued under the Act that converted to loans under a student loan agreement or consolidated loan agreement until the first day of the month immediately after the six-month period following the month in which the individual ceased to be both a qualifying student and an Ontario Learn and Stay Grant student.

13. Subsection 31 (1) of the Regulation is revoked and the following substituted:

Exception, not-for-profit entity

(1) Despite subsection 30 (1), an individual is not required to make payments toward the interest accruing under a student loan agreement or consolidated loan agreement until the first day of the month immediately after the 12-month period following the month in which the individual ceased to be both a qualifying student and an Ontario Learn and Stay Grant student where the Minister determines that the individual is employed in or does voluntary work that is eligible employment with an eligible not-for-profit entity, as determined in accordance with section 32.

14. Subsection 33 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Exception, business

(1) Despite subsection 30 (1), an individual is not required to make payments toward the interest accruing under a student loan agreement or consolidated loan agreement until the first day of the month immediately after the 12-month period following the month in which the individual ceased to be both a qualifying student and an Ontario Learn and Stay Grant student, where the Minister determines that,

15. The definition of “provincial student loan” in section 36 of the Regulation is amended by adding “other than a micro-credential student loan” after “under the Act”.

16. (1) Subsection 37 (1) of the Regulation is amended by adding “other than a micro-credential student loan” after “under the Act”.

(2) Clauses 37 (3) (a) and (b) of the Regulation are amended by adding “or an Ontario Learn and Stay Grant student” after “qualifying student” wherever it appears

(3) Clauses 37 (3) (a), (b) and (c) of the Regulation, as remade by section 4 of Ontario Regulation 70/23, are amended by adding “or an Ontario Learn and Stay Grant student” after “qualifying student” wherever it appears.

17. (1) Paragraphs 1 to 3 of subsection 40 (2) of the Regulation are revoked and the following substituted:

1.  Since the borrower last was a qualifying student or an Ontario Learn and Stay Grant student, the borrower,

i.  has not received any repayment assistance, or

ii.  has received repayment assistance at the interest relief stage for a total period of time of less than 60 months.

2.  Less than 10 years has elapsed since the borrower last was a qualifying student or an Ontario Learn and Stay Grant student.

3.  The borrower does not disclose a permanent disability in their application for repayment assistance.

(2) Paragraphs 1 to 3 of subsection 40 (3) of the Regulation are revoked and the following substituted:

1.  Since the borrower last was a qualifying student or an Ontario Learn and Stay Grant student, the borrower has received repayment assistance at the interest relief stage for 60 months.

2.  Ten years or more has elapsed since the borrower last was a qualifying student or an Ontario Learn and Stay Grant student.

3.  The borrower has a permanent disability and discloses, in an application for repayment assistance, their disability.

18. (1) Subsection 42 (1) of the Regulation is amended by striking out “his or her federal and provincial student loans” and substituting “the borrower’s federal and provincial student loans, other than micro-credential student loans”.

(2) Paragraphs 1, 2 and 3 of subsection 42 (2) of the Regulation are amended by adding “or an Ontario Learn and Stay Grant student” after “qualifying student” wherever it appears.

19. (1) Subsections 47 (1) and (2) of the Regulation are amended by adding “or an Ontario Learn and Stay Grant student” after “qualifying student” wherever it appears.

(2) Section 47 of the Regulation is amended by adding the following subsection:

(5) In this section,

“period of study” includes a period of study as described in subsection 7 (2) of the 2023 Regulation.

20. (1) Subsection 48 (2) of the Regulation is amended by adding “other than micro-credential student loans” after “under the Act” in the portion before paragraph 1.

(2) Subsection 48 (3) of the Regulation is amended by adding “other than micro-credential student loans” after “under the Act”.

21. Subsection 50 (3) of the Regulation is amended by adding the following clause:

(a.1)  deny the borrower the status of an Ontario Learn and Stay Grant student under section 26 or 27 or subsection 28 (2) during a period of study under subsection 7 (2) of the 2023 Regulation during which they do not receive an Ontario Learn and Stay Grant; and

22. Subsection 57 (1) of the Regulation is amended by striking out “loan is issued” at the end and substituting “grant or loan is issued”.

Commencement

23. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Subsection 16 (3) comes into force on the later of August 1, 2023 and the day this Regulation is filed.

 

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