O. Reg. 118/07: ONTARIO ACCESS GRANTS AND ONTARIO TUITION GRANTS

under Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19

Versions

	revoked or spent August 1, 2018
	April 30, 2018 – July 31, 2018
	April 3, 2018 – April 29, 2018
	March 10, 2017 – March 2, 2018
	January 31, 2014 – March 9, 2017
	July 20, 2012 – January 30, 2014
	March 27, 2007 – July 19, 2012
	4 more

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Ministry of Training, Colleges and Universities Act

ONTARIO REGULATION 118/07

Ontario Access Grants and Ontario Tuition Grants

Historical version for the period April 3, 2018 to April 29, 2018.

Note: This Regulation is revoked on August 1, 2018. (See: O. Reg. 73/17, s. 6)

Last amendment: 172/18.

Legislative History: 212/12, 20/14, 73/17, 172/18.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

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

“approved program of study” means a program of study at an approved institution that is an approved program of study for the purposes of student loans under Ontario Regulation 268/01 (Ontario Student Loans made August 1, 2001 to July 31, 2017) made under the Act; (“programme d’études approuvé”)

“minimum required course load” means, in relation to an approved program of study, the minimum required course load required for the purposes of student loans under section 9 of Ontario Regulation 268/01 (Ontario Student Loans made August 1, 2001 to July 31, 2017) made under the Act; (“charge de cours minimale exigée”)

“Ontario Access Grant” means a grant made under subsection 2 (1); (“subvention ontarienne pour l’accès aux études”)

“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”)

“period of study” means a period of study within the meaning of Ontario Regulation 268/01 (Ontario Student Loans made August 1, 2001 to July 31, 2017) made under the Act. (“période d’études”)

“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”) O. Reg. 118/07, s. 1; O. Reg. 212/12, s. 3; O. Reg. 73/17, s. 1.

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 (Ontario Student Loans made August 1, 2001 to July 31, 2017)) made under the Act. O. Reg. 212/12, s. 4; O. Reg. 73/17, s. 2.

Grants

2. (1) The Minister may make a grant under this Regulation to an individual who is enrolled in his or her first or second period of study in an approved program of study at an approved institution if the individual meets the eligibility requirements set out in section 4, subject to section 5. O. Reg. 118/07, s. 2 (1).

(2) An individual may receive a maximum of two Ontario Access Grants as follows:

1. One grant shall be in respect of a first period of study in an approved program of study at an approved institution.

2. One grant shall be in respect of a second period of study in an approved program of study at an approved institution. O. Reg. 118/07, s. 2 (2).

(3) An individual may receive an Ontario Access Grant in respect of a second period of study in an approved program of study even though,

(a) he or she did not receive a grant for his or her first period of study; or

(b) he or she received a grant for a first period of study in another approved program of study. O. Reg. 118/07, s. 2 (3).

Application

3. An application for a grant shall be made on a form approved by the Minister. O. Reg. 118/07, s. 3.

Eligibility

4. An individual is eligible to receive an Ontario Access Grant only if,

(a) he or she has applied for a student loan under Ontario Regulation 268/01 (Ontario Student Loans made August 1, 2001 to July 31, 2017) made under the Act;

(b) he or she meets the eligibility requirements for a student loan under section 5 of Ontario Regulation 268/01 (Ontario Student Loans made August 1, 2001 to July 31, 2017) made under the Act, which are as follows:

(i) he or she 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,

(ii) he or she 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 (Ontario Student Loans made August 1, 2001 to July 31, 2017) made under the Act,

(iii) he or she is enrolled in an approved program of study at an approved institution,

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

(v) he or she is not the subject of a determination made by the Minister under section 42.1 of Ontario Regulation 268/01 (Ontario Student Loans made August 1, 2001 to July 31, 2017) made under the Act, 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;

(c) the Minister has determined that the individual is entitled to a certificate of loan approval under sections 10, 11, 12, 13, 14, 15 and 15.1 of Ontario Regulation 268/01 (Ontario Student Loans made August 1, 2001 to July 31, 2017) made under the Act;

(d) the approved program of study in which the individual is enrolled,

(i) consists of at least two periods of study,

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

(iii) begins before August 1, 2017;

(e) he or she 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; and

(f) in the case of an individual who is applying for a grant in respect of a first period of study in an approved program of study, he or she has never before been enrolled at a post-secondary institution. O. Reg. 118/07, s. 4; O. Reg. 212/12, s. 5; O. Reg. 73/17, s. 3.

Issuance of grant

5. (1) The Minister shall not issue an Ontario Access Grant to an individual who meets the eligibility requirements set out in section 4 unless the Minister determines that the individual needs the grant in order to pursue an approved program of study at an approved institution. O. Reg. 118/07, s. 5 (1).

(2) For the purposes of subsection (1), the needs of an individual shall be determined having regard to the combined annual income of the individual’s parents and the number of children that are dependent on the individual’s parents. O. Reg. 118/07, s. 5 (2).

(3) For the purposes of subsection (2), the combined annual income of an individual’s parents shall be, as applicable, the sum of,

(a) 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; and

(b) each parent’s equivalent income from another jurisdiction for that calendar year. O. Reg. 20/14, s. 1.

(4) Despite subsection (3), the combined annual income of an individual’s parents shall be determined by the Minister taking into account such evidence as the individual may provide if,

(a) the amounts indicated in the income tax returns referred to in subsection (3) 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. O. Reg. 118/07, s. 5 (4); O. Reg. 212/12, s. 6 (2).

(5) Subsection (2) 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 eighteenth birthday; or

Note: On April 30, 2018, the day section 350 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 comes into force, clause 5 (5) (b) of the Regulation is revoked and the following substituted: (See: O. Reg. 172/18, s. 1)

(b) the individual is in extended society care or was in extended society care under the Child, Youth and Family Services Act, 2017 at the time of his or her eighteenth birthday; or

(c) there are such other exceptional circumstances as the Minister may approve and the Minister is satisfied that such circumstances exist. O. Reg. 118/07, s. 5 (5); O. Reg. 212/12, s. 6 (3).

(6) The Universal Child Care Benefit shall not be included in determining the combined annual income of the individual’s parents under subsection (2). O. Reg. 118/07, s. 5 (6).

(7) In this section,

“Universal Child Care Benefit” means a benefit provided under section 4 of the Universal Child Care Benefit Act (Canada). O. Reg. 212/12, s. 6 (4).

Amount of grant

6. (1) The amount of an Ontario Access Grant shall not exceed $3,000. O. Reg. 118/07, s. 6.

(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. O. Reg. 212/12, s. 7.

Failure to meet conditions of grant

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

(a) withdraws from the approved institution in respect of which the grant was issued;

(b) ceases his or her studies without completing the approved program of study in respect of which the grant was issued or another approved program of study;

(d) has not given the Minister all the information and documents required by the Minister to administer the grant including information about the individual’s academic status, financial status or family status;

(e) has given the Minister incorrect information relating to a grant, or has not informed the Minister promptly about any change to information previously given to the Minister; or

(f) 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 has been found guilty of 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. O. Reg. 118/07, s. 7 (1); O. Reg. 20/14, s. 2.

(2) If an individual receives an Ontario Access Grant and, due to an error or mistake or to a change in the individual’s circumstances during the relevant period of study, the grant is in excess in whole or in part of the amount that the individual is eligible to receive as a grant, the Minister may require the individual to repay to the Minister of Finance any overpayment of the grant. O. Reg. 118/07, s. 7 (2).

Ontario Tuition Grants

Definition

8. In sections 9 to 12,

“approved institution” means,

(a) for a period of study that began on or after August 1, 2012,

(i) 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 (Ontario Student Loans made August 1, 2001 to July 31, 2017) made under the Act,

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

(iii) the College of the Dominican or Friar Preachers of Ottawa, and

(b) for a period of study that begins on or after January 1, 2014 or that began before January 1, 2014 and continues on and after January 1, 2014, in addition to the approved institutions under clause (a),

(i) the Niagara Parks Commission School of Horticulture, and

(ii) an institution described in one of the following sub-subclauses, if it is approved for the purposes of student loans under subsection 8 (2) of Ontario Regulation 268/01 and has entered into an agreement with the Minister pursuant to sections 8.2 and 8.3 of the Act for the purposes of the eligibility of its students for an Ontario Tuition Grant,

(A) a private post-secondary educational institution that is authorized under the Post-secondary Education Choice and Excellence Act, 2000 to operate or maintain a university or to provide all or part of a program leading to a degree,

(B) a private career college registered in Ontario under the Private Career Colleges Act, 2005, and

(C) a private post-secondary institution in Ontario other than those described in sub-subclauses (A) and (B). O. Reg. 20/14, s. 3; O. Reg. 73/17, s. 4.

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 (Ontario Student Loans made August 1, 2001 to July 31, 2017) 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, where the income is, as applicable,

(i) as shown on Line 150 of each parent’s income tax return for that calendar year, and

(ii) any equivalent income for each parent from another jurisdiction 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. O. Reg. 212/12, s. 8; O. Reg. 20/14, s. 4 (1); O. Reg. 73/17, s. 5 (1).

(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. O. Reg. 212/12, s. 8.

(2.1) Despite clause (1) (e), the Minister may make an Ontario Tuition Grant to an individual if the individual ceased attending secondary school on a full-time basis less than five years before the first day of the period of study for which the grant is made, where,

(a) the individual is enrolled in a co-operative program;

(b) the co-operative program contains no less than eight academic and one or more work terms, where both are required to fulfil the requirements of the approved program of study; and

(2.2) If the individual described in subsection (2.1) ceased attending secondary school on a full-time basis four years or more before the first day of a period of study for which a grant is sought, subsection (2.1) does not apply with respect to a period of study or any portion of a period of study that takes place before January 1, 2014. O. Reg. 20/14, s. 4 (2).

(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

(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

Note: On April 30, 2018, the day section 350 of Schedule 1 to the Supporting Children, Youth and Families Act, 2017 comes into force, clause 9 (4) (b) of the Regulation is revoked and the following substituted: (See: O. Reg. 172/18, s. 2)

(b) the individual is in extended society care or was in extended society care under the Child, Youth and Family Services Act, 2017 at the time of his or her eighteenth birthday; or

(c) there are such other exceptional circumstances as the Minister may approve and the Minister is satisfied that such circumstances exist. O. Reg. 212/12, s. 8.

(4.1) The Minister shall not make an Ontario Tuition Grant to an individual attending an approved institution described in clause (b) of the definition of “approved institution” in section 8 with respect to a period of study or any portion of a period of study that takes place before January 1, 2014. O. Reg. 20/14, s. 4 (2).

(4.2) The Minister shall not make an Ontario Tuition Grant to an individual with respect to a period of study that begins on or after August 1, 2017. O. Reg. 73/17, s. 5 (2).

(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). O. Reg. 212/12, s. 8.

(6) In this section,

“Universal Child Care Benefit” means a benefit provided under section 4 of the Universal Child Care Benefit Act (Canada). O. Reg. 212/12, s. 8.

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;

(d) the individual has been found guilty 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. O. Reg. 212/12, s. 8; O. Reg. 20/14, s. 5.

Application for grant

11. An individual shall make an application for an Ontario Tuition Grant on a form approved by the Minister. O. Reg. 212/12, s. 8.

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 found guilty 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

(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. O. Reg. 212/12, s. 8.

Revocation

13. On August 1, 2018, this Regulation is revoked. O. Reg. 73/17, s. 6.

O. Reg. 118/07: ONTARIO ACCESS GRANTS AND ONTARIO TUITION GRANTS

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