1. (1) In this Regulation, “2001 Regulation” means Ontario Regulation 268/01 (Ontario Student Loans made August 1, 2001 to July 31, 2017), made under the Act; (“Règlement de 2001”) “2017 Regulation” means Ontario Regulation 70/17
(Ontario Student Grants and Ontario Student Loans), made under the Act; (“Règlement de 2017”) “2020 Regulation” means Ontario Regulation 768/20 (Ontario Student Grants and Ontario Student Loans for Micro-Credentials) made under the Act; (“Règlement de 2020”) “2023 Regulation” means Ontario Regulation 82/23 (Ontario Learn and Stay Grant) made under the Act; (“Règlement de 2023”) “applicant” means a student who applies for a student loan under the Act; (“demandeur”) “approved course of studies” means a course of studies described in section 1.1; (“programme d’études approuvé”) “bank” means a bank to which the Bank Act (Canada) applies or a credit union as defined in the Credit Unions and Caisses Populaires Act, 2020, that has agreed with the Minister to provide loans to students under the Act; (“banque”) “borrower” means a person to whom a student loan is made; (“emprunteur”) “certificate of loan approval” means a certificate issued or caused to be issued by the Minister, or by a person authorized under subsection 25 (1), to an applicant eligible to receive a loan under the Act; (“certificat d’approbation de prêt”) “consolidated student loan agreement” means an agreement described in section 8; (“contrat de prêt d’études consolidé”) “education costs” means the total of the actual costs or estimated cost allowances for the following items as determined by the Minister for the period for which an applicant is requesting a loan, (a)  tuition and other compulsory fees payable to an eligible institution, (b)  books and instructional supplies, (c)  a weekly personal and living allowance, (d), (e)  Revoked:  O. Reg. 353/94, s. 2 (1). (f)  any other expenses of the applicant in addition to those listed in clauses (a) to (e) that the Minister may determine are relevant; (“frais d’étude”) “eligible employment” means paid employment in Ontario or voluntary work in Ontario or a combination of both totalling a minimum of 30 hours a week; (“emploi admissible”) “eligible institution” means an institution described in section 1.2; (“établissement admissible”) “eligible not-for-profit entity” means an eligible not-for-profit entity within the meaning of section 16.2; (“entité sans but lucratif admissible”) “financial resources” means the estimated amount of money determined by the Minister that the Minister expects the applicant and his or her spouse, parents or sponsor to contribute towards the education costs for the period for which the applicant is requesting a student loan having regard to, (a)  the total income of the applicant from all sources including earnings from summer and other part-time or full-time employment, investment and other income including gifts, (b)  academic awards and government assistance that the applicant is or may be receiving, (c)  the total income of the spouse, parents or sponsor of the applicant from all sources, (d)  the assets of the applicant and his or her spouse, (e)  personal income tax, unemployment insurance and pension plan contributions of the spouse, parents or sponsor of the applicant, (f)  the number of persons determined by the Minister that are dependent for support upon the applicant, and his or her spouse, parents or sponsor, and (g)  any other resources, assets or deductions of the applicant and his or her spouse, parents or sponsor in addition to those listed in clauses (a) to (f) that the Minister may determine are relevant; (“ressources financières”) “full-time employment” means performing work for remuneration for a minimum of thirty-five hours per week and shall include time spent by an applicant, (a)  caring for a child eleven years of age or under living with the applicant and dependent upon the applicant for support, (b)  attending an adult training program at a college of applied arts and technology or a private career college registered under the Private Career Colleges Act, while receiving financial assistance from the Government of Canada, and (c)  actively seeking employment while registered with the Canadian Employment and Immigration Commission; (“emploi à temps plein”) “grant” does not include a micro-credential grant; (“subvention”) “married student” means a person who, (a)  is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada), (b)  meets the residency requirements for a student loan under subsection (1.1), and (c)  on the last day of the month in which classes normally begin in the eligible institution for the period for which the person is applying for a student loan, (i)  has a spouse who is expected by the Minister to contribute towards the education costs for the period for which the person is applying for a student loan, or (ii)  does not have a spouse who is expected by the Minister to contribute towards the education costs for the period for which the person is applying for a student loan, and has a child who is dependent on the person for support; (“étudiant marié”) “micro-credential grant” has the same meaning as in the 2020 Regulation; (“subvention pour une microcertification”) “micro-credential student loan” has the same meaning as in the 2020 Regulation; (“prêt d’études pour une microcertification”) “micro-credential student loan agreement” has the same meaning as in the 2020 Regulation; (“contrat de prêt d’études pour une microcertification”) “minimum required course load” means, in respect of a student enrolled in a course or courses of study at an eligible institution or specified educational institution, (a)  60 per cent of what the institution considers to be a full course load for the course or courses of study, if the student is not a person with a disability, or (b)  40 per cent of what the institution considers to be a full course load for the course or courses of study, if the student is a person with a disability; (“charge de cours minimale exigée”) “Ontario Learn and Stay Grant student” has the same meaning as in the 2023 Regulation; (“étudiant bénéficiant de la subvention ontarienne Apprendre et rester”) “repayment notice” has the same meaning as in the 2020 Regulation; (“avis de remboursement”) “single student” means a person who, (a)  is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada), (b)  meets the residency requirements for a student loan under subsection (1.1), and (c)  on the last day of the month in which classes normally begin in the eligible institution for the period for which the person is applying for a student loan, does not have a spouse and has no child dependent on the person for support; (“étudiant célibataire”) “sole support student” means a person, other than a single student or a married student, who, (a)  is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada), (b)  meets the residency requirements for a student loan under subsection (1.1), and (c)  on the last day of the month in which classes normally begin in the eligible institution for the period for which the person is applying for a student loan, (i)  does not have a spouse, has been engaged in full-time employment for two or more periods of twelve consecutive months each and the final period of employment was spent in Ontario, or (ii)  has a spouse who is not expected by the Minister to contribute towards the education costs for the period for which the person is applying for a student loan, and does not have a child dependent on the person for support; (“étudiant seul soutien de famille”) “specified educational institution” means an institute of learning that has been designated as a specified educational institution for the purposes of the Canada Student Loans Act (Canada) or the Canada Student Financial Assistance Act (Canada); (“établissement d’enseignement agréé”) “sponsor” means a person who is a sponsor within the meaning of the regulations made under the Immigration and Refugee Protection Act (Canada); (“répondant”) “spouse” means either of two persons 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 single student, a married student or a sole support student registered in an approved course of studies in respect of which he or she receives a student loan under the Act; (“étudiant”)  R.R.O. 1990, Reg. 774, s. 1 (1); O. Reg. 441/91, s. 1 (1-3); O. Reg. 353/94, ss. 1, 2; O. Reg. 280/97, s. 1; O. Reg. 281/97, s. 1; O. Reg. 410/98, s. 1; O. Reg. 86/00, s. 1 (1-7); O. Reg. 269/01, s. 2; O. Reg. 167/04, s. 1 (1-12); O. Reg. 215/12, s. 1; O. Reg. 198/13, s. 1; O. Reg. 71/17, s. 1 (1); O. Reg. 771/20, s. 1 (1); O. Reg. 114/22, s. 1; O. Reg. 84/23, s. 1 (1, 2). (1.1) A person meets the residency requirements for a student loan if, for not less than twelve consecutive months before the last day of the month in which classes normally begin in the eligible institution for the period for which the person is applying for a student loan, (a)  except for time spent at a post-secondary institution outside Ontario, the person resided in Ontario; or (b)  the person’s parent, sponsor or spouse resided in Ontario, if the parent, sponsor or spouse is expected by the Minister to contribute towards the education costs for the period for which the person is applying for a student loan.  O. Reg. 441/91, s. 1 (4); O. Reg. 86/00, s. 1 (8); O. Reg. 167/04, s. 1 (13). (2) Where the phrase “resided in Ontario” is used in this Regulation the Minister, after having considered the particular facts, the special circumstances of the applicant, the applicant’s parents or sponsor and the provisions of any agreement made with the Government of Canada or the government of any province of Canada respecting grants or loans to students, shall determine whether a person resided in Ontario at the relevant time for the purposes of this Regulation.  R.R.O. 1990, Reg. 774, s. 1 (2). (3) For the purpose of this Regulation, time spent at a post-secondary institution in Canada by a person who is applying for a student loan may be included in calculating the time during which the person resided in Ontario if, (a)  the person was authorized under the
Immigration and Refugee Protection Act (Canada) to enter Canada for the purpose of studying in Canada; or (b)  the person has been finally determined to be a Convention refugee under the Immigration and Refugee Protection Act (Canada).  O. Reg. 441/91, s. 1 (5); O. Reg. 167/04, s. 1 (14). (4) For the purposes of this Regulation, a borrower enters into a recognized arrangement for debt settlement when any of the following events occurs: 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. 2.  A consumer proposal made by the borrower under Division II of Part III of the Bankruptcy and Insolvency Act (Canada) is approved or deemed to be approved by a court under that Act. 3.  A consolidation order is made under Part X of the Bankruptcy and Insolvency Act (Canada) in relation to any debts of the borrower, including any student loans that the borrower may have received under the Act. 4.  A document seeking relief has been filed by the borrower under a law in a province or territory in Canada outside of Ontario for the orderly payment of debts, including any student loans that the borrower may have received under the Act.  O. Reg. 167/04, s. 1 (15); O. Reg. 71/17, s. 1 (2). (5) A reference in this Regulation to a “loan” or “student loan” does not include a micro-credential student loan. O. Reg. 84/23, s. 1 (3). (6) Despite subsection (5) and the definition of “grant”, a reference in this Regulation to a grant, loan or student loan that is received, granted, made or issued under the Act includes any grant or loan received, granted, made or issued under the Act. O. Reg. 84/23, s. 1 (3). (7) A person ceases to be both a student for the purposes of this Regulation and an Ontario Learn and Stay Grant student on the first day that the person is neither a student for the purposes of this Regulation nor an Ontario Learn and Stay Grant student. O. Reg. 84/23, s. 1 (3).