ontario regulation 117/07

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

Amending Reg. 772 of R.R.O. 1990

(Graduate Scholarship Awards)

1. (1) The definition of “due date” in section 1 of Regulation 772 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“due date” means the third Wednesday of November of any given year; (“date limite”)

(2) The definition of “eligible institution” in section 1 of the Regulation is revoked and the following substituted:

“eligible institution” means the following universities:

1. Brock University.

2. Carleton University.

3. University of Guelph.

4. Lakehead University.

5. Laurentian University of Sudbury.

6. McMaster University.

7. Nipissing University.

8. University of Ontario Institute of Technology.

9. University of Ottawa.

10. Queen’s University.

11. Ryerson University.

12. University of Toronto.

13. Trent University.

14. University of Waterloo.

15. The University of Western Ontario.

16. Wilfrid Laurier University.

17. University of Windsor.

18. York University; (“établissement admissible”)

(3) The definition of “eligible program” in section 1 of the Regulation is amended by striking out “program of full-time study leading to a master’s or doctoral degree that has been approved by the ministry” and substituting “full-time program of study at an eligible institution leading to a master’s or doctoral degree”.

(4) The definition of “permanent resident” in section 1 of the Regulation is revoked.

(5) The definition of “resident in Ontario” in section 1 of the Regulation is revoked.

2. (1) Paragraph 4 of subsection 2 (4) of the Regulation is revoked and the following substituted:

4. The Canadian Institute of Health Research.

(2) Subsection 2 (5) of the Regulation is revoked.

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

Eligibility

2.1 An applicant is eligible for an award under this Regulation only if,

(a) he or she is enrolled in an eligible program at an eligible institution;

(b) he or she is not employed for more than an average of 10 hours a week;

(c) he or she has not received other awards in the program year in excess of $10,000 in total;

(d) he or she has not been refused a certificate of loan approval for the same program year under subsection 14 (3) of Ontario Regulation 268/01 (Ontario Student Loans made after July 31, 2001) made under the Act and has not done anything that would entitle the Minister to refuse a certificate of loan approval under that subsection; and

(e) 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 award.

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

(1) An application for an award may be made only by a person who,

(a) on the due date, is a Canadian citizen or 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; or

(b) on or before the due date, received a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act (Canada).

(2) Subsection 3 (6) of the Regulation is revoked and the following substituted:

(6) In considering applications and preparing its report, the Selection Board,

(a) shall recommend that awards be granted only to persons who are entitled to apply for an award under subsection (1); and

(b) may give a preference to applicants who, on or before the day the relevant program year begins,

(i) have resided in Ontario for a period of at least 12 consecutive months, and

(ii) have not resided in another province or territory in Canada for a period of at least 12 consecutive months since completing the 12-month period of residency in Ontario required under subclause (i).

(6.1) For the purposes of subclauses (6) (b) (i) and (ii), the only period of at least 12 consecutive months that may be considered is any such period during which the applicants were not, at any time, enrolled in full-time studies at a post-secondary institution.

(3) Paragraph 2 of subsection 3 (7) of the Regulation is revoked and the following substituted:

2. No more than 60 awards shall be offered to applicants who have received a temporary resident visa as a member of the student class under the Immigration and Refugee Protection Act (Canada) and such awards shall be known as visa awards.

(4) Subsections 3 (8), (9) and (10) of the Regulation are revoked and the following substituted:

(8) The Minister shall give each successful applicant a written notice of the granting of an award which shall,

(a) include a form which the applicant must complete and file with the Minister in order to provide notice of his or her acceptance; and

(b) state the timeframe within which the applicant must complete and file the notice of acceptance with the Minister.

(9) Each applicant, upon receiving a notice of the granting of an award, shall complete and file with the Minister the notice of acceptance within the timeframe set out in the notice of the granting of an award.

(10) The Minister may cancel an award to which a notice of acceptance refers if the notice is not completed and filed with the Minister within the timeframe set out in the notice of the granting of an award.

(11) If an applicant completes and files the notice of acceptance within the period of time set out in the notice of the granting of an award, the Minister shall authorize the payment of an award to the applicant if the applicant is enrolled in an eligible program at an eligible institution.

5. Section 5 of the Regulation is revoked.

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

Repayment

7. (1) The Minister may require a person who is granted an award to repay the award in whole or in part to the Minister of Finance if the person,

(a) withdraws from the eligible institution in respect of which the award was granted;

(b) ceases to be enrolled in an eligible program in respect of which the award was granted;

(c) has not given the Minister all the information and documents required by the Minister to administer the award program including information about the individual’s academic status;

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

(e) 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 award is granted to a person and due to an error or mistake the award is in excess in whole or in part of the amount that the individual is eligible to receive as a award, the Minister may require the person to pay to the Minister of Finance any overpayment of the award.