You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Ministry of Training, Colleges and Universities Act

R.S.O. 1990, CHAPTER M.19

Historical version for the period August 20, 2007 to December 14, 2009.

Last amendment: 2006, c. 35, Sched. C, s. 84.

Definitions

1. In this Act,

“financial institution” means a bank listed in Schedule I or II to the Bank Act (Canada), a loan corporation or a trust corporation registered under the Loan and Trust Corporations Act, a credit union or caisse populaire incorporated or registered under the Credit Unions and Caisses Populaires Act, 1994 or such other persons or entities as may be prescribed by regulation; (“institution financière”)

“Minister” means the Minister of Training, Colleges and Universities; (“ministre”)

“Ministry” means the Ministry of Training, Colleges and Universities; (“ministère”)

“student loan” means a loan made under subsection 7.1 (1) or guaranteed under subsection 8 (1). (“prêt d’études”) R.S.O. 1990, c. M.19, s. 1; 2000, c. 36, s. 3 (2); 2001, c. 6, s. 1.

Ministry continued

2. (1) The ministry of the public service formerly known in English as the Ministry of Colleges and Universities and in French as ministère des Collèges et Universités is continued under the name Ministry of Training, Colleges and Universities in English and ministère de la Formation et des Collèges et Universités in French. 2000, c. 36, s. 3 (3).

Duties of Minister

(2) The Minister shall preside over and have charge of the Ministry and is responsible for the administration of this and such other Acts and the regulations made thereunder as are assigned to him or her by the provisions thereof or by the Lieutenant Governor in Council. R.S.O. 1990, c. M.19, s. 2 (2).

Deputy Minister

3. (1) The Lieutenant Governor in Council may appoint a Deputy Minister of the Ministry. R.S.O. 1990, c. M.19, s. 3 (1).

Employees

(2) Such employees may be appointed under Part III of the Public Service of Ontario Act, 2006 as are considered necessary from time to time for the proper conduct of the business of the Ministry. R.S.O. 1990, c. M.19, s. 3 (2); 2006, c. 35, Sched. C, s. 84 (1).

Advisory bodies

4. The Lieutenant Governor in Council may appoint such advisory committees or other consulting bodies as are considered necessary from time to time. R.S.O. 1990, c. M.19, s. 4.

Delegation of powers

4.1 (1) Any power or duty conferred or imposed on the Minister under this or any other Act may be delegated by the Minister to the Deputy Minister of Training, Colleges and Universities or to any other person employed in the Ministry and, when purporting to exercise a delegated power or duty, the delegate shall be presumed conclusively to act in accordance with the delegation. 2000, c. 36, s. 3 (4).

Delegation subject to conditions

(2) A delegation under subsection (1) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it. 2000, c. 36, s. 3 (4).

Subdelegation

(3) In a delegation under subsection (1), the Minister may authorize a person to whom a power or duty is delegated to delegate to others the exercise of the delegated power or duty, subject to such limitations, conditions and requirements as the person may impose. 2000, c. 36, s. 3 (4).

Deeds and contracts

(4) Despite section 6 of the Executive Council Act, a deed or contract signed by a person empowered to do so under a delegation or subdelegation made under this section has the same effect as if signed by the Minister. 2000, c. 36, s. 3 (4).

Protection from personal liability

4.2 (1) No proceeding for damages shall be commenced against the Deputy Minister of Training, Colleges and Universities or any other person employed in the Ministry for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of that duty. 2000, c. 36, s. 3 (4).

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject in respect of a tort committed by the Deputy Minister or an employee. 2000, c. 36, s. 3 (4).

Awards and grants

5. (1) The Minister may make grants and awards to,

(a) students of universities, colleges of applied arts and technology or other post-secondary institutions; and

(b) persons who received a loan under section 7.1 while a student of an institution referred to in clause (a) and who have not repaid the loan in full. 2006, c. 19, Sched. S, s. 1 (1).

Terms

(2) A grant or award may be made on such terms as may be prescribed by regulation and on such other terms as the Minister considers proper. 2006, c. 19, Sched. S, s. 1 (1).

Fundraising

5.1 (1) An educational institution may collect information about identifiable individuals from published or public sources for the purpose of its own fundraising activities, if the information is reasonably necessary for the fundraising activities. 2005, c. 28, Sched. I, s. 1.

Definition

(2) For the purpose of this section,

“educational institution” means an educational institution as defined in subsection 2 (1) of the Freedom of Information and Protection of Privacy Act. 2005, c. 28, Sched. I, s. 1.

Grants to historical institutions

6. The Lieutenant Governor in Council may make regulations providing for the apportionment and distribution of money appropriated by the Legislature for the maintenance, development and promotion of historical institutions, and providing for the conditions governing the payment thereof. R.S.O. 1990, c. M.19, s. 6.

Fees

7. The Minister may establish and charge fees in respect of anything done in connection with this Act or any other Act to which subsection 2 (2) applies. 2000, c. 36, s. 3 (5).

Loans to students

7.1 (1) The Minister may make loans to students of universities, colleges of applied arts and technology or other post-secondary institutions. 2001, c. 6, s. 2.

Terms

(2) A loan to a student may be made on such terms as may be prescribed by regulation and such other terms as the Minister considers proper. 2001, c. 6, s. 2.

Administration, etc.

(3) The Minister may enter into agreements with one or more persons or entities respecting the administration of loans to students and respecting such other matters relating to the loans as the Minister considers proper. 2001, c. 6, s. 2.

Same

(4) Agreements referred to in subsection (3) must contain such terms as may be prescribed by regulation and such other terms as the Minister considers proper. 2001, c. 6, s. 2.

Powers re agreements

7.2 (1) An agreement under section 7.1 may impose performance or other requirements on a university, college of applied arts and technology or other post-secondary institution that must be met in order for the students of the institution to be eligible to apply for awards, grants or student loans. 2002, c. 18, Sched. O, s. 1.

Examples of requirements

(2) Without limiting subsection (1), the requirements referred to in that subsection may include a performance bond and a loan default sharing arrangement. 2002, c. 18, Sched. O, s. 1.

Withdrawal of approval

(3) The Minister may withdraw the approval of a university, college of applied arts and technology or other post-secondary institution as an institution whose students are eligible to apply for awards, grants or student loans if the institution ceases to meet any condition of an agreement entered into under section 7.1, 8 or 8.0.1. 2002, c. 18, Sched. O, s. 1.

Loans by other parties, etc.

(4) Section 7.1 and this section apply to loans referred to in sections 8, 8.0.1 and 8.1. 2002, c. 18, Sched. O, s. 1.

Existing agreements

(5) This section applies to agreements entered into before or after the coming into force of this section. 2002, c. 18, Sched. O, s. 1.

Guarantee of loans

8. (1) Upon the recommendation of the Minister, the Lieutenant Governor in Council may, upon such terms as he or she considers proper, agree to guarantee and may guarantee the payment of all or any part of a loan and the interest thereon made by a financial institution to a student of a university, college of applied arts and technology or other post-secondary institution where,

(a) the loan is made to such student pursuant to an application made by the student in the form prescribed by the regulations; and

(b) the loan is approved by the Minister or by a person authorized for such purpose by the regulations. R.S.O. 1990, c. M.19, s. 8 (1); 2001, c. 6, s. 3 (1).

Form of guarantee

(2) The form and manner of the guarantee shall be such as the Lieutenant Governor in Council approves, and the guarantee shall be signed by the Minister of Finance or such other officers as are designated by the Lieutenant Governor in Council, and, upon being so signed, the Province of Ontario is liable for the payment of the loan and interest thereon guaranteed according to the terms of the guarantee, and any guarantee so signed is evidence that the terms of this section have been complied with. R.S.O. 1990, c. M.19, s. 8 (2); 2001, c. 6, s. 3 (2).

Payment of guarantee

(3) The Lieutenant Governor in Council may make arrangements for supplying the money necessary to fulfil the requirements of any guarantee and to advance the amount necessary for that purpose out of the public funds of the Province of Ontario. R.S.O. 1990, c. M.19, s. 8 (3).

Trust for student loans

8.0.1 (1) The Minister of Finance or a person or entity designated by him or her may act as trustee of a trust created for the purpose of making loans to students of universities, colleges of applied arts and technology or other post-secondary institutions and borrowing money to fund such loans. 2001, c. 8, s. 184.

Status of funds

(2) The assets of a trust referred to in subsection (1) of which a member of the Executive Council or a public servant employed under Part III of the Public Service of Ontario Act, 2006 is a trustee do not constitute public money for the purposes of the Financial Administration Act. 2001, c. 8, s. 184; 2006, c. 35, Sched. C, s. 84 (2).

Assignment, transfer or sale of student loans

8.1 The Minister of Finance may assign, transfer or sell all right or interest of the Province of Ontario in student loans to any person or entity on such terms as may be prescribed by regulation and such other terms as the Minister of Finance considers proper. 2001, c. 6, s. 4.

Minister to pay interest

9. (1) Where a loan is made under section 8, the Minister shall pay to a financial institution in respect of each guaranteed student loan that a student borrower is obliged to repay to that financial institution interest thereon at the rate and for the period prescribed by the regulations and no interest is payable by a student on such guaranteed student loan in respect of such period. R.S.O. 1990, c. M.19, s. 9 (1); 1993, c. 27, Sched.

(2) Repealed: 2000, c. 36, s. 3 (6).

Inspectors

10. (1) The Minister, in connection with the administration of awards, grants and student loans, may appoint inspectors for the purposes of determining compliance with this Act, the regulations and any agreements entered into by the Minister. 2000, c. 36, s. 3 (7).

Inspection

(2) For the purposes of determining whether this Act has been complied with and is being complied with, an inspector may, without a warrant, enter and inspect business premises of any person and post-secondary institutions. 2000, c. 36, s. 3 (7).

Restricted appointments

(3) The Minister may restrict the inspector’s powers of entry and inspection to specified premises or institutions. 2000, c. 36, s. 3 (7).

Time of entry

(4) The power to enter and inspect without a warrant may be exercised only during the regular business hours of the premises or institution or during daylight hours if there are no regular business hours. 2000, c. 36, s. 3 (7).

Identification

(5) An inspector conducting an inspection shall produce evidence on request of his or her appointment. 2000, c. 36, s. 3 (7).

Powers of inspector

(6) An inspector conducting an inspection may,

(a) examine a record or other thing that is relevant to the inspection;

(b) demand the production for inspection of a document or other thing that is relevant to the inspection;

(c) remove for review and copying a record or other thing that is relevant to the inspection;

(d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business or activities in the place; and

(e) question a person on matters relevant to the inspection. 2000, c. 36, s. 3 (7).

Written demand

(7) A demand that a record or other thing be produced for inspection must be in writing and must include a statement of the nature of the record or thing required. 2000, c. 36, s. 3 (7).

Obligation to produce and assist

(8) If an inspector demands that a record or other thing be produced for inspection, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. 2000, c. 36, s. 3 (7).

Removal of records and things

(9) A record or other thing that has been removed for review and copying,

(a) shall be made available to the person from whom it was removed, for review and copying, on request and at a time and place that are convenient for the person and for the inspector; and

(b) shall be returned to the person within a reasonable time. 2000, c. 36, s. 3 (7).

Copy admissible in evidence

(10) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value. 2000, c. 36, s. 3 (7).

Obstruction

(11) No person shall hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information on matters relevant to the inspection that the person knows to be false or misleading. 2000, c. 36, s. 3 (7).

Report to the Minister

(12) An inspector shall report to the Minister on the results of each inspection. 2000, c. 36, s. 3 (7).

Minister’s order

11. On receipt of a report from an inspector under section 10, the Minister may make any order that he or she considers appropriate for the purposes of the proper administration of awards, grants and student loans under this Act and the regulations. 2000, c. 36, s. 3 (7).

Offence

12. (1) No person shall knowingly obtain or receive an award, grant or student loan to which he or she is not entitled under this Act and the regulations. 2000, c. 36, s. 3 (7).

Same

(2) No person shall knowingly aid or abet another person to obtain or receive an award, grant or student loan to which the other person is not entitled under this Act and the regulations. 2000, c. 36, s. 3 (7).

Same

(3) No person shall fail to provide information the person is required to provide under this Act or the regulations or has agreed to provide in connection with an award, grant or student loan. 2000, c. 36, s. 3 (7).

Same

(4) No person shall knowingly provide false information in connection with the administration of an award, grant or student loan or for the purposes of obtaining or receiving an award, grant or student loan. 2000, c. 36, s. 3 (7).

Penalty

(5) Every person is guilty of an offence who contravenes subsection (1), (2), (3) or (4) or 10 (11) and is liable on conviction,

(a) to a fine of not more than $25,000 if the person is an individual or $100,000 if the person is a corporation;

(b) to imprisonment for a term of not more than one year; or

(c) to both a fine under clause (a) and imprisonment under clause (b). 2000, c. 36, s. 3 (7).

Conviction of officers

(6) Any officer, director or agent of a corporation, or any other person, who directed, authorized, assented to, acquiesced in or participated in the commission of any act by the corporation which is an offence under this Act is guilty of an offence whether or not the corporation has been prosecuted or convicted of any offence under this Act. 2000, c. 36, s. 3 (7).

Regulations

13. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing persons or entities to be financial institutions;

(a.1) governing awards and grants made under section 5 and loans made under section 7.1;

(b) prescribing criteria to be used to determine students’ eligibility for awards, grants or student loans;

(b.1) prescribing terms of awards, grants or student loans;

(b.1.1) respecting the terms of repayment of a student loan, the suspension of repayment obligations under the loan and the forgiving of all or part of the outstanding amounts on the loan, including prescribing,

(i) the length of time for which a suspension may be granted,

(ii) the amount or maximum amount that may be suspended or forgiven or the method of determining that amount, and

(iii) conditions, restrictions or limitations that apply with respect to a suspension of the loan or to the forgiving of all or part of the loan;

(b.2) prescribing the maximum amounts of awards, grants and student loans;

(c) prescribing terms of agreements made under subsection 7.1 (3);

(d) providing for the apportionment and distribution of money appropriated or raised by the Legislature for university, college and other post-secondary educational purposes;

(e) prescribing the conditions governing the payment of legislative grants;

(f) defining “enrolment” and “student” for the purpose of legislative grants to post-secondary educational institutions recognized by the Minister for the purpose of such grants, and requiring that “enrolment” be subject to the approval of the Minister;

(g) prescribing terms of agreements made under subsection 8 (1) respecting guarantees;

(g.1) prescribing terms respecting the assignment, transfer or sale of student loans;

(h) authorizing the Deputy Minister of Training, Colleges and Universities or any officer of the Ministry to exercise the power to approve loans under section 8;

(i) Repealed: 2001, c. 6, s. 5 (1).

(j) prescribing the period that may lapse after which the principal amount of a guaranteed student loan and interest thereon shall commence to be payable by the student borrower;

(k)-(s) Repealed: 2001, c. 6, s. 5 (1).

(t) providing for reports to be made to the Minister for the purposes of this Act, and prescribing the kind of information to be included in those reports. 2000, c. 36, s. 3 (7); 2001, c. 6, s. 5 (1); 2006, c. 19, Sched. S, s. 1 (2).

Classes

(2) A regulation may establish different requirements for different classes of persons or entities or with respect to different types of agreements. 2001, c. 6, s. 5 (2).

Subdelegation

(3) A regulation under clause (1) (b) may authorize the Minister to determine,

(a) which universities, colleges of applied arts and technology and other post-secondary institutions are eligible institutions; and

(b) which courses of study are approved courses of study. 2001, c. 6, s. 5 (2).

______________