Ministry of Training, Colleges and Universities Act - R.R.O. 1990, Reg. 773

Ministry of Training, Colleges and Universities Act

R.R.O. 1990, REGULATION 773

Amended to O.Reg. 203/05

ONTARIO SPECIAL BURSARY PROGRAM

Historical version for the period May 6, 2005 to June 12, 2005.

This is the English version of a bilingual regulation.

Definitions

1.In this Regulation,

“applicant” means a student who applies for a bursary under this Regulation; (“auteur d’une demande”)

“approved institution” means,

(a) an Ontario university, receiving financial assistance from the Province of Ontario, including any post-secondary educational institution affiliated or federated with it,

(b) a college of applied arts and technology established under the Ministry of Colleges and Universities Act,

(d) Ontario College of Art, and

(e) a private vocational school registered under the Private Vocational Schools Act and approved by the Minister; (“établissement agréé”)

“approved program of study” means,

(a) a program of study at an approved institution, or

(b) full or part-time upgrading courses approved by the Minister and offered at a college of applied arts and technology established under the Ministry of Colleges and Universities Act,

leading to a certificate, diploma or degree; (“programme d’études approuvé”)

“landed immigrant” means a person who is a permanent resident within the meaning of the Immigration Act (Canada); (“immigrant ayant obtenu le droit d’établissement”)

“same-sex partner” means either of two persons of the same sex who,

(a) have lived together in a conjugal relationship outside marriage continuously for a period of not less than three years, or

(b) have lived together in a conjugal relationship outside marriage in a relationship of some permanence, if they are the natural or adoptive parents of a child; (“partenaire de même sexe”)

“spouse” means either of a man and woman who,

(a) are married to each other,

(b) have together in good faith entered into a marriage that is voidable or void,

(c) have lived together in a conjugal relationship outside marriage continuously for a period of not less than three years, or

(d) have lived together in a conjugal relationship outside marriage in a relationship of some permanence, if they are the natural or adoptive parents of a child; (“conjoint”)

“student” means a person,

(a) who is a Canadian citizen or a permanent resident within the meaning of the Immigration Act (Canada) and resided in Ontario as a Canadian citizen or a permanent resident for a period of not less than twelve consecutive months prior to the last day of the month in which classes normally commence in the approved institution for the approved program of study for which the student is applying for a bursary, and

(b) who is registered or accepted for registration at an approved institution in an approved program of study. (“étudiant”) R.R.O. 1990, Reg. 773, s.1; O.Reg. 352/94, s.1; O.Reg. 85/00, s.1.

Bursaries

2.An application for a bursary shall be in such form as the Minister may determine. R.R.O. 1990, Reg. 773, s.2.

3.Subject to section 4, the Minister may from time to time award a bursary to an applicant if in the opinion of the Minister the bursary is necessary in order to enable the applicant to complete the approved program of study for the period for which he or she applied for a bursary under this Regulation. R.R.O. 1990, Reg. 773, s.3.

4.A bursary awarded under section 3 shall,

(a) not exceed $2,500 in any twelve-month period;

(b) be payable to an applicant and forwarded to the appropriate approved institution at which the applicant is enrolled and the approved institution shall withhold delivery of the bursary to the applicant until the tuition fee for the period of study for which the bursary was awarded is paid by the applicant or until arrangements acceptable to the approved institution have been made with the applicant for the payment of the tuition fee. R.R.O. 1990, Reg. 773, s.4.

5.In determining the need of an applicant and for the purpose of computing the amount of the bursary that may be paid, the Minister may have regard to,

(a) tuition and other compulsory fees paid to an approved institution;

(b) books and instructional supplies;

(d) the total income of the applicant from all sources;

(e) income of the spouse or same-sex partner of the applicant;

(f) personal income tax, pension plan contributions, medical and hospital insurance payable by the applicant;

(g) whether the applicant is employed full or part-time or is unemployed;

(h) the number of persons who are dependent upon the applicant for support; and

(i) any other circumstances of the applicant in addition to those listed in clauses (a) to (h) that the Minister may determine are relevant. R.R.O. 1990, Reg. 773, s.5; O.Reg. 85/00, s.2.

6.The Minister may refuse to award a bursary to an applicant,

(a) who at any time has defaulted in repayment of a student loan or any other loan made or guaranteed by the Province of Ontario, a student loan guaranteed by any other province or territory of Canada or a loan made under the Canada Student Loans Act (Canada);

(b) who has been required to repay to the Minister of Finance the whole or any part of a student grant made under section 3 of Regulation 775 of the Revised Regulations of Ontario, 1990 or any predecessor thereof;

(d) who, in the opinion of the Minister after consultation with the approved institution or institutions at which the applicant has been enrolled, has not made satisfactory progress in a program of study;

(e) who has failed to file with the Minister all the information and documentation required by the Minister under section 2;

(f) who has failed to file with the Minister all the information and documentation required by the Minister to verify any statement made in the application and supporting material filed under section 2;

(g) who is receiving financial assistance from the Government of Canada or from any other province or territory of Canada;

(h) who is entitled to receive student assistance from any other province or territory of Canada;

(i) who has at any time been convicted of an offence under the Canada Student Loans Act or any offence involving fraud or theft or conspiracy to commit an offence involving fraud or theft under the Criminal Code (Canada) in respect of any student assistance program of the Province of Ontario or any other province or territory of Canada or the Ontario Student Venture Capital Program or the Ontario Youth Venture Capital Program; or

(j) who has failed to make satisfactory arrangements with the Minister for the repayment of overpayments received in respect of a previous application for student assistance under this Regulation, Regulation 772, 774 or 775 of the Revised Regulations of Ontario, 1990 or under the Canada Student Loans Act. R.R.O. 1990, Reg. 773, s.6; O.Reg. 352/94, s.2.

Repayment

7.(1)Where a bursary is awarded to an applicant who,

(a) makes any false statement or misrepresentation in an application under section 2 or in any other document required by the Minister or furnishes any false or misleading information;

(b) expends or commits the whole or part of the bursary for purposes other than the purpose for which the bursary was awarded; or

(c) has failed to file with the Minister all the information and documentation necessary to verify any statement made in the application and supporting material filed under section 2,

the Minister may require the applicant to repay forthwith to the Minister of Finance the whole or any part of the bursary awarded the applicant. R.R.O. 1990, Reg. 773, s.7(1).

(2)Where a bursary is made to an applicant under section 3 and due to an error or mistake the bursary is in excess in whole or in part of the amount that the applicant is eligible to receive as a bursary, the Minister may require the applicant to pay to the Minister of Finance any overpayment of the bursary. R.R.O. 1990, Reg. 773, s.7(2).

(3)Where a bursary is made to an applicant under section 3 for an approved program of study and, before completing such approved program of study, the applicant,

(a) withdraws from the approved institution;

(b) ceases to be registered in the approved program of study for which the bursary was awarded; or

(c) reduces the number of courses or subjects that comprise the approved program of study for which the bursary was awarded,

the applicant forthwith shall pay to the Minister of Finance an amount equal to the difference between,

(d) the amount of the bursary made to the applicant under section 3; and

(e) the amount of a bursary, if any, determined by the Minister which the applicant would have been eligible to receive as a bursary under section 3 for the period prior to the date of an event referred to in clause (a), (b) or (c). R.R.O. 1990, Reg. 773, s.7(3).

(4)The date of an event referred to in clause (3) (a), (b) or (c) shall be that date determined by the approved institution where the applicant was enrolled for the purposes of applying for a bursary. R.R.O. 1990, Reg. 773, s.7(4).

(5)Where an applicant is required under subsection (1), (2) or (3) to repay to the Minister of Finance the whole or any part of the bursary awarded and the applicant is entitled to a refund of the whole or any part of the tuition fee paid by the applicant to an approved institution, the approved institution shall make such refund payment to the Minister of Finance. R.R.O. 1990, Reg. 773, s.7(5).