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

 

Ministry of Training, Colleges and Universities Act

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

Historical version for the period May 18, 2010 to December 3, 2014.

Last amendment:  2010, c. 1, Sched. 20.

Definitions

1. In this Act,

“financial institution” means a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union or caisse populaire to which the Credit Unions and Caisses Populaires Act, 1994 applies, a corporation registered under the Loan and Trust Corporations Act or such other person or entity as may be prescribed by regulation; (“institution financière”)

“medical resident” means a person who,

(a) is a member of the College of Physicians and Surgeons of Ontario,

(b) holds a certificate of registration authorizing postgraduate education, and

(c) has an appointment in a program of postgraduate medical education at a medical school in Ontario that is accredited by a body prescribed by regulation, other than an excluded appointment prescribed by regulation; (“médecin résident”)

“medical resident loan” means,

(a) a loan made to a medical resident by the Minister under subsection 7.1 (1), or

(b) a loan made to a medical resident by a financial institution and guaranteed by the Lieutenant Governor in Council under subsection 8 (1); (“prêt à un médecin résident”)

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

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

“student loan” means,

(a) a loan made to a student of a university, college of applied arts and technology or other post-secondary institution by the Minister under subsection 7.1 (1), or

(b) a loan made to a student of a university, college of applied arts and technology or other post-secondary institution by a financial institution and guaranteed by the Lieutenant Governor in Council 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; 2010, c. 1, Sched. 20, 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 or the Minister 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; 2009, c. 33, Sched. 25, s. 1 (1).

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;

(b) medical residents; and

(c) persons who received a loan under this Act while a student of an institution referred to in clause (a) or while a medical resident and who have not repaid the loan in full.  2006, c. 19, Sched. S, s. 1 (1); 2010, c. 1, Sched. 20, s. 2.

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 or medical residents

7.1 (1) The Minister may make loans to students of universities, colleges of applied arts and technology or other post-secondary institutions and to medical residents.  2010, c. 1, Sched. 20, s. 3.

Terms

(2) Student loans and medical resident loans may be made on such terms as may be prescribed by regulation and such other terms as the Minister considers proper.  2010, c. 1, Sched. 20, s. 3.

7.2 Repealed:  2010, c. 1, Sched. 20, s. 3.

Guarantee of loans

8. (1) On the recommendation of the Minister, the Lieutenant Governor in Council may, on 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 or to a medical resident, if,

(a) the student or medical resident has submitted an application that complies with the regulations and is in a form approved by the Minister; and

(b) the loan is approved by the Minister or by a person authorized for such purpose by the regulations.  2010, c. 1, Sched. 20, s. 4.

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 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 or to medical residents and borrowing money to fund such loans.  2001, c. 8, s. 184; 2010, c. 1, Sched. 20, s. 5.

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 loans

8.1 The Minister of Finance may assign, transfer or sell all right or interest of the Province of Ontario in student loans or medical resident 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; 2010, c. 1, Sched. 20, s. 6.

Agreements relating to loans, grants or awards

8.2 (1) The Minister may enter into agreements with one or more persons or entities respecting the administration of student loans, medical resident loans, grants or awards under this Act and the regulations and respecting such other matters relating to such loans, grants or awards as the Minister considers proper.  2010, c. 1, Sched. 20, s. 7.

Terms

(2) An agreement under subsection (1) must contain such terms as may be prescribed by regulation and such other terms as the Minister considers proper.  2010, c. 1, Sched. 20, s. 7.

Student loans, awards or grants – performance or other requirements

8.3 (1) An agreement under section 8.2 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 student loans, awards or grants.  2010, c. 1, Sched. 20, s. 7.

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.  2010, c. 1, Sched. 20, s. 7.

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 student loans, awards or grants, if the institution ceases to meet any condition of an agreement entered into under section 8.2.  2010, c. 1, Sched. 20, s. 7.

Existing agreements

(4) This section applies to agreements entered into before or after the coming into force of this section.  2010, c. 1, Sched. 20, s. 7.

Application to all loans

8.4 For greater certainty, sections 8.2 and 8.3 apply to loans referred to in sections 7.1, 8, 8.0.1 and 8.1.  2010, c. 1, Sched. 20, s. 7.

Minister to pay interest

9. If repayment of a loan made by a financial institution is guaranteed in whole or in part by the Lieutenant Governor in Council under section 8, the Minister shall pay to the financial institution interest on the outstanding amount of the loan at the rate and for the period prescribed by regulation, and no interest is payable by a borrower on the loan in respect of that period.  2010, c. 1, Sched. 20, s. 8.

Inspectors

10. (1) The Minister, in connection with the administration of student loans, medical resident loans, awards and grants, 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); 2010, c. 1, Sched. 20, s. 9.

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 student loans, medical resident loans, awards and grants under this Act and the regulations.  2000, c. 36, s. 3 (7); 2010, c. 1, Sched. 20, s. 10.

Offence

12. (1) No person shall knowingly obtain or receive a student loan, medical resident loan, award or grant to which he or she is not entitled under this Act and the regulations.  2000, c. 36, s. 3 (7); 2010, c. 1, Sched. 20, s. 11 (1).

Same

(2) No person shall knowingly aid or abet another person to obtain or receive a student loan, medical resident loan, award or grant to which the other person is not entitled under this Act and the regulations.  2000, c. 36, s. 3 (7); 2010, c. 1, Sched. 20, s. 11 (2).

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 a student loan, medical resident loan, award or grant under this Act or the regulations.  2000, c. 36, s. 3 (7); 2010, c. 1, Sched. 20, s. 11 (3).

Same

(4) No person shall knowingly provide false information in connection with the administration of a student loan, medical resident loan, award or grant, or for the purposes of obtaining or receiving a student loan, medical resident loan, award or grant, under this Act or the regulations.  2010, c. 1, Sched. 20, s. 11 (4).

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 as financial institutions for the purpose of the definition of “financial institution” in section 1;

(a.1) prescribing accrediting bodies and classes of excluded appointments for the purpose of clause (c) of the definition of “medical resident” in section 1;

(a.2) governing student loans, medical resident loans, awards and grants under this Act;

(b) prescribing criteria to be used to determine a person’s eligibility for student loans, medical resident loans, awards and grants under this Act;

(b.1) prescribing terms of student loans, medical resident loans, awards and grants under this Act;

(b.1.1) respecting the terms of repayment of a student loan or medical resident 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 student loans, medical resident loans, awards and grants under this Act;

(c) prescribing terms of agreements made under section 8.2;

(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) governing applications referred to in clause 8 (1) (a);

(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) prescribing, for the purpose of section 8.1, terms for the assignment, transfer or sale of student loans or medical resident loans;

(j) prescribing an interest rate and a period for the purpose of section 9;

(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); 2010, c. 1, Sched. 20, s. 12 (1-7).

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 or approved institutions; and

(b) which programs of study are approved programs of study.  2001, c. 6, s. 5 (2); 2009, c. 33, Sched. 25, s. 1 (2); 2010, c. 1, Sched. 20, s. 12 (8).

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