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ONTARIO REGULATION 118/07

made under the

MINISTRY OF TRAINING, COLLEGES AND UNIVERSITIES ACT

Made: March 21, 2007
Filed: March 27, 2007
Published on e-Laws: March 29, 2007
Printed in The Ontario Gazette: April 14, 2007

ONTARIO ACCESS GRANTS

Definitions

1. In this Regulation,

“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 after July 31, 2001) made under the Act; (“établissement agréé”)

“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 after July 31, 2001) 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 after July 31, 2001) 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”)

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

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.

(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.

(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.

Application

3. An application for a grant shall be made on a form approved by the Minister.

Eligibility

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

(a) he or she has applied for a student loan;

(b) he or she meets the eligibility requirements for a student loan under section 5 of Ontario Regulation 268/01 (Ontario Student Loans made after July 31, 2001) 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 after July 31, 2001) 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 after July 31, 2001) 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 after July 31, 2001) 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, and

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

(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.

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.

(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.

(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 before the first day of the academic year for which the grant application is made, as shown on Line 236 of each parent’s income tax return for that calendar year.

(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 credible evidence from the individual of the change and of the current combined annual income of the individual’s parents.

(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

(c) there exist such other exceptional circumstances as the Minister may approve.

(6) The Universal Child Care Benefit shall not be included in determining the combined annual income of the individual’s parents under subsection (2).

Maximum amount of grant

6. The amount of an Ontario Access Grant shall not exceed $3,000.

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;

(c) is no longer taking the minimum required course load for an 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 convicted 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 convicted 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.

(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.

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