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O. Reg. 72/17: PRESCRIBED FINANCIAL INSTITUTIONS AND ONTARIO STUDENT LOANS MADE AFTER JULY 31, 2001

filed March 10, 2017 under Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19

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ontario regulation 72/17

made under the

Ministry of Training, Colleges and Universities Act

Made: March 8, 2017
Filed: March 10, 2017
Published on e-Laws: March 13, 2017
Printed in The Ontario Gazette: March 25, 2017

Amending O. Reg. 268/01

(PRESCRIBED FINANCIAL INSTITUTIONS AND ONTARIO STUDENT LOANS MADE AFTER JULY 31, 2001)

1. The title to Ontario Regulation 268/01 is revoked and the following substituted:

Ontario student loans MAde August 1, 2001 to July 31, 2017

2. Part I of the Regulation is revoked.

3. The heading “PART II: ONTARIO STUDENT LOANS MADE AFTER JULY 31, 2001” to the Regulation is revoked.

4. Section 1 of the Regulation is revoked and the following substituted:

Application

1. This Regulation applies with respect to student loans issued for periods of study that begin on or after August 1, 2001 but before August 1, 2017.

5. (1) Subsection 2 (1) of the Regulation is amended by striking out “this Part” in the portion before the definitions and substituting “this Regulation”.

(2) Subsection 2 (1) of the Regulation is amended by adding the following definitions:

“2017 Regulation” means Ontario Regulation 70/17 (Ontario Student Grants and Ontario Student Loans), made under the Act; (“Règlement de 2017”)

. . . . .

“pre-2001 Regulation” means Regulation 774 of the Revised Regulations of Ontario, 1990 (Ontario Student Loans made before August 1, 2001), made under the Act; (“règlement antérieur au Règlement de 2001”)

(3) The definition of “borrower” in subsection 2 (1) of the Regulation is amended by striking out “this Part” and substituting “this Regulation”.

(4) Subsection 2 (1) of the Regulation is amended by striking out the definitions of “lender” and “Ontario Student Loan Trust”.

(5) Subsection 2 (2) of the Regulation is amended by striking out “this Part” in the portion before paragraph 1 and substituting “this Regulation”.

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

1. A proposal under Division I of Part III of the Bankruptcy and Insolvency Act (Canada) relating to the individual is approved by a court under that Act.

6. (1) Subsection 3 (1) of the Regulation is amended by adding “but before August 1, 2017” after “August 1, 2012”.

(2) Subsection 3 (4) of the Regulation is amended by striking out “after July 31, 2001” at the end and substituting “under this Regulation”.

(3) Subsection 3 (5) of the Regulation is amended by striking out “40.8” and substituting “34”.

7. Subsection 6 (4) of the Regulation is amended by adding “but before August 1, 2017” at the end.

8. (1) Clauses 15 (1) (a) and (b) of the Regulation are revoked and the following substituted:

(a) for an individual who is not a person with a disability,

(i) 340 weeks if he or she is enrolled in a program of study other than a doctoral program, and

(ii) 400 weeks if he or she is enrolled in a doctoral program; and

(b) 520 weeks for an individual who is a person with a disability.

(2) Subsection 15 (2) of the Regulation is revoked and the following substituted:

(2) The Minister may, in order to accommodate an individual based on reasons of a disability, determine that clause (1) (b) does not apply.

(3) Clauses 15 (3) (a), (b) and (c) of the Regulation are revoked and the following substituted:

(a) was granted repayment assistance at the debt reduction stage in respect of the previous student loan under sections 36 to 47 of the 2017 Regulation, under sections 35 to 40.7 of this Regulation, as those sections read on March 9, 2017, or under sections 12 to 12.12 of the pre-2001 Regulation, as those sections read on March 9, 2017, and he or she is not an individual described in clause (b);

(b) has a permanent disability and was granted repayment assistance at the debt reduction stage in respect of the previous student loan under sections 36 to 47 of the 2017 Regulation, under sections 35 to 40.7 of this Regulation, as those sections read on March 9, 2017, or under sections 12 to 12.12 of the pre-2001 Regulation, as those sections read on March 9, 2017, and at least 60 months has elapsed since he or she last was a qualifying student; or

(c) was granted a reduction of the amount outstanding under the previous student loan under section 40.2 of this Regulation as it read on October 31, 2010 or under section 9.4 of the pre-2001 Regulation, as it read on October 31, 2010. 

(4) Subsection 15 (4) of the Regulation is revoked and the following substituted:

(4) The Minister shall not issue a certificate of loan approval to an individual who has been granted a severe permanent disability benefit under section 48 of the 2017 Regulation, under section 40.8 of this Regulation, as that section read on March 9, 2017, or under section 13 of the pre-2001 Regulation, as that section read on March 9, 2017. 

9. (1) Subsection 15.1 (2) of the Regulation is amended by striking out “this Part” in the portion before clause (a) and substituting “this Regulation”.

(2) Clause 15.1 (2) (b) of the Regulation is amended by adding “or certificate of discharge” after “by reason of an order of absolute discharge”.

(3) Subsection 15.1 (3) of the Regulation is amended by adding “or certificate of discharge” after “an order of absolute discharge”.

(4) Clause 15.1 (4) (b) of the Regulation is amended by striking out “this Part” and substituting “this Regulation”.

10. Section 19 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Obtaining a student loan

19. A service provider on behalf of the Minister shall issue a student loan to an individual in the amount set out in the certificate of loan approval for a period of study commencing on or after August 1, 2012 but before August 1, 2017 if,

. . . . .

11. (1) Subsection 20 (1) of the Regulation is revoked and the following substituted:

Master student loan agreement

(1) The Minister may enter into a master student loan agreement in accordance with this section where an individual applies for a student loan that is to be issued for a period of study commencing on or after August 1, 2012 but before August 1, 2017 and the Minister is satisfied that the individual who applies for the student loan is entitled to one and has a certificate of loan approval.

(2) Subsection 20 (2) of the Regulation is amended by striking out “the Act” and substituting “this Regulation”.

(3) Subsection 20 (3) of the Regulation is amended by striking out “Subject to subsection (4)” at the beginning.

(4) Subsection 20 (4) of the Regulation is revoked.

(5) Subsection 20 (8) of the Regulation is amended by striking out “the Act” and substituting “this Regulation”.

12. Subsection 21 (1) of the Regulation is revoked and the following substituted:

Restriction on advances

(1) A service provider on behalf of the Minister is not permitted to make an advance in respect of a student loan to an individual before the requirements in section 19 are met.

13. Section 23 of the Regulation is amended by adding the following subsection:

(4) An individual who is a qualifying student for the purposes of the 2017 Regulation is deemed to be a qualifying student for the purposes of this Regulation.

14. Subsection 24 (1) of the Regulation is amended by adding “or a grant or student loan under the 2017 Regulation” after “made under the Act”.

15. (1) Subparagraphs 6 i and ii of subsection 27 (1) of the Regulation are revoked and the following substituted:

i. for an individual who is not a person with a disability,

A. 340 weeks if he or she is enrolled in a program of study other than a doctoral program, and

B. 400 weeks if he or she is enrolled in a doctoral program, and

ii. 520 weeks for an individual who is a person with a disability.

(2) Section 27 of the Regulation is amended by adding the following subsection:

 

(1.1)  The Minister may, in order to accommodate an individual based on reasons of a disability, determine that subparagraph 6 ii of subsection (1) does not apply.

(3) Subsection 27 (2) of the Regulation is amended by adding the following clause:

(a.1) the individual is issued a notice of assessment under section 18 of the 2017 Regulation;

16. Subsection 28 (3) of the Regulation is amended by striking out “after July 31, 2001” and substituting “under this Regulation”.

17. Subsection 29 (1) of the Regulation is 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 a qualifying 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 made under this Regulation and the interest on the outstanding balance from time to time.

18. (1) Subsections 33 (1) and (1.1) of the Regulation are revoked and the following substituted:

Ontario Student Opportunity Grant

(1) This section applies if an individual receives (and is entitled to receive) student loans under this Regulation or loans under the Canada Student Financial Assistance Act for at least two academic terms during a 12-month period that begins on or after August 1, 2001 but before August 1, 2017.

(1.1) Despite subsection (1), this section does not apply in respect of student loans that have been successfully rehabilitated under section 42.5 of this Regulation, as it read on March 9, 2017 or section 54 of the 2017 Regulation.

(2) The definition of “A” in subsection 33 (2) of the Regulation is amended by striking out “the Act” and substituting “this Regulation”.

(3) The definition of “C” in subsection 33 (2) of the Regulation is amended by striking out “the Act” and substituting “this Regulation”.

(4) The definition of “A” in subsection 33 (4.1) of the Regulation is amended by striking out “the Act” and substituting “this Regulation”.

(5) The definition of “C” in subsection 33 (4.1) of the Regulation is amended by striking out “the Act” and substituting “this Regulation”.

(6) Subsection 33 (4.2) of the Regulation is amended by adding “but before August 1, 2017” after “August 1, 2015” in the portion before the formula.

(7) The definition of “A” in subsection 33 (4.2) of the Regulation is amended by striking out “the Act” and substituting “this Regulation”.

(8) The definition of “C” in subsection 33 (4.2) of the Regulation is amended by striking out “the Act” and substituting “this Regulation”.

(9) The definition of “F” in subsection 33 (4.3) of the Regulation is amended by striking out “as defined in section 35”.

(10) Clauses 33 (9) (a), (b) and (c) of the Regulation are revoked and the following substituted:

(a) was granted repayment assistance at the debt reduction stage in respect of the student loans under sections 36 to 47 of the 2017 Regulation or under sections 35 to 40.7 of this Regulation, as those sections read on March 9, 2017, and he or she is not an individual described in clause (b);

(b) has a permanent disability and was granted repayment assistance at the debt reduction stage in respect of the student loans under sections 36 to 47 of the 2017 Regulation or under sections 35 to 40.7 of this Regulation, as those sections read on March 9, 2017, and at least 60 months has elapsed since he or she last was a qualifying student; or

(c) was granted a reduction of the amount outstanding under the student loans under section 40.2 of this Regulation, as it read on October 31, 2010 or under section 9.4 of the pre-2001 Regulation, as it read on October 31, 2010.

(11) Section 33 of the Regulation is amended by adding the following subsection:

(11) In this section,

“federal student loan” means a loan made by the Government of Canada under the Canada Student Financial Assistance Act  or the Canada Student Loans Act;

19. Sections 35 to 40.8 of the Regulation are revoked.

20. Clause 42 (3) (b) of the Regulation is amended by striking out “35 to 40.7” at the end and substituting “36 to 47 of the 2017 Regulation”.

21. The heading before section 42.1 of the Regulation is amended by striking out “this Part” and substituting “this Regulation”.

22. (1) Subsection 42.1 (2) of the Regulation is amended by striking out “this Part” in the portion before paragraph 1 and substituting “this Regulation”.

(2) Paragraphs 2 and 3 of subsection 42.1 (2) of the Regulation are revoked and the following substituted:

2. Repayment assistance under sections 36 to 47 of the 2017 Regulation.

3. Severe permanent disability benefits under section 48 of the 2017 Regulation.

(3) Subclauses 42.1 (5) (b) (iii.1) and (iii.2) of the Regulation are revoked and the following substituted:

(iii.1) The amount of any assistance provided by the Minister as part of any repayment assistance granted to the individual under sections 35 to 40.7 of this Regulation, as those sections read on March 9, 2017, or under sections 36 to 47 of the 2017 Regulation.

(iii.2) The amount of any severe permanent disability benefit granted to the individual under section 40.8 of this Regulation, as that section read on March 9, 2017, or under section 48 of the 2017 Regulation.

(4) Subsection 42.1 (9) of the Regulation is amended by striking out “sections 35 to 40.7” and substituting “sections 36 to 47 of the 2017 Regulation”.

(5) Subsection 42.1 (10) of the Regulation is amended by striking out “section 40.8” and substituting “section 48 of the 2017 Regulation”.

23. Sections 42.2 to 44 of the Regulation are revoked.

24. (1) Subsection 45 (1) of the Regulation is amended by striking out “or lender” wherever it appears.

(2) Subsection 45 (2) of the Regulation is amended by striking out “or lender”.

25. Sections 46 and 47 of the Regulation are revoked and the following substituted:

Officers authorized to issue certificates

46. The Deputy Minister and the Director, Student Financial Assistance Branch of the Ministry, are authorized to approve loans under section 8 of the Act.

Authority of service providers

47. A service provider may act on behalf of the Minister in exercising rights and performing duties under this Regulation, if authorized to do so by the Minister. 

26. The Regulation is amended by striking out “lender” wherever it appears in the following provisions and substituting in each case “Minister”:

1. The definition of “borrower” in subsection 2 (1).

2. Subsection 20 (3).

3. Subsection 20 (5).

4. Paragraph 1 of subsection 20 (6).

5. Subsection 26 (2).

6. Subsection 28 (1), in the portion before clause (a).

7. Subsection 29 (2).

8.   Subsection 29 (3).

9. Subsection 31 (1).

10. Subsection 31 (2).

11. Section 32.

12. Clause 41 (b).

13. Subsection 42 (2).

14. Subsection 42 (3), in the portion before clause (a).

Commencement

27. This Regulation comes into force on the day it is filed.

 

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