jswizzle3737/ontario_laws_and_regs huggingface dataset:
Eligibility requirements
 40. (1) A borrower must meet the following requirements in order to be eligible for repayment assistance under this Regulation: 1.  The borrower resides in Canada. 2.  The borrower has submitted an application to the service provider in accordance with section 39. 3.  The borrower is not ineligible under section 46 of this Regulation, section 40.5 of the 2001 Regulation or section 12.10 of the pre-2001 Regulation, as those two sections read on March 9, 2017
after failing to make the monthly payments in a previous repayment assistance period. 4.  The borrower’s monthly affordable payment is less than his or her monthly required payment. 5.  The borrower satisfies the eligibility requirements for the interest relief stage of repayment assistance described in subsection (2) or for the debt reduction stage of repayment assistance described in subsection (3). O. Reg. 70/17, s. 40 (1). (2) A borrower must meet all of the following requirements in order to be eligible for the interest relief stage of repayment assistance: 1.  Since the borrower last was a qualifying student or an Ontario Learn and Stay Grant student, the borrower, i.  has not received any repayment assistance, or ii.  has received repayment assistance at the interest relief stage for a total period of time of less than 60 months. 2.  Less than 10 years has elapsed since the borrower last was a qualifying student or an Ontario Learn and Stay Grant student. 3.  The borrower does not disclose a permanent disability, or a persistent or prolonged disability, in their application for repayment assistance. O. Reg. 70/17, s. 40 (2); O. Reg. 70/23, s. 5 (1); O. Reg. 83/23, s. 17 (1). (3) A borrower must meet at least one of the following requirements in order to be eligible for the debt reduction stage of repayment assistance: 1.  Since the borrower last was a qualifying student or an Ontario Learn and Stay Grant student, the borrower has received repayment assistance at the interest relief stage for 60 months. 2.  Ten years or more has elapsed since the borrower last was a qualifying student or an Ontario Learn and Stay Grant student. 3.  The borrower has a permanent disability, or a persistent or prolonged disability, and discloses, in an application for repayment assistance, their disability. O. Reg. 70/17, s. 40 (3); O. Reg. 70/23, s. 5 (2); O. Reg. 83/23, s. 17 (2). (4) Despite anything in this section, a borrower who meets the eligibility requirements in this section shall not be eligible for repayment assistance if the Minister, (a)  denies repayment assistance in accordance with subsection 16 (5) of this Regulation, subsection 14 (5) of the 2020 Regulation, subsection 42.1 (5) of the 2001 Regulation or subsection 13.3 (5) of the pre-2001 Regulation; or (b)  has determined that the borrower is ineligible for repayment assistance for a period of time under subsection 16 (2) of this Regulation, subsection 14 (2) of the 2020 Regulation, subsection 42.1 (2) of the 2001 Regulation or subsection 13.3 (2) of the pre-2001 Regulation. O. Reg. 70/17, s. 40 (4); O. Reg. 219/22, s. 2.
Determination of monthly required payment
 42. (1) For the purpose of determining whether a borrower meets the eligibility requirements of paragraph 4 of subsection 40 (1), the borrower’s monthly required payment shall be equal to the monthly payment obtained by amortizing the amount of principal on all of the borrower’s federal and provincial student loans, other than micro-credential student loans, outstanding at the time of the application for repayment assistance over the appropriate period of time determined under subsection (2) and using the interest rate determined under subsection (3). O. Reg. 70/17, s. 42 (1); O. Reg. 83/23, s. 18 (1). (2) The amortization period used to determine a borrower’s monthly required payment shall be the greater of six months and one of the following periods of time: 1.  In the case of a borrower who is applying for repayment assistance at the interest relief stage, the number of months obtained by, i.  subtracting the number of months since the borrower last was a qualifying student or an Ontario Learn and Stay Grant student from 120 months, and ii.  adding the number of months that the borrower has previously received repayment assistance at the interest relief stage since the borrower last was a qualifying student or an Ontario Learn and Stay Grant student, if any, to the difference obtained under subparagraph i. 2.  In the case of a borrower applying for repayment assistance at the debt reduction stage, other than a person referred to in paragraph 3, the number of months obtained by subtracting the number of months since the date the borrower last was a qualifying student or an Ontario Learn and Stay Grant student from 180 months. 3.  In the case of a borrower with a permanent disability, or a persistent or prolonged disability, applying for repayment assistance at the debt reduction stage, the number of months obtained by subtracting the number of months since the date the borrower last was a qualifying student or an Ontario Learn and Stay Grant student from 120 months. O. Reg. 70/17, s. 42 (2); O. Reg. 70/23, s. 7; O. Reg. 83/23, s. 18 (2). (3) The rate of interest used to determine a borrower’s monthly required payment shall be equal to the average of the interest rates applicable to all of the borrower’s federal and provincial student loans, such average to be weighted based on the proportion of the borrower’s outstanding principal in each jurisdiction to the total amount of the borrower’s outstanding federal and provincial student loans. O. Reg. 70/17, s. 42 (3).
Repayment assistance period
 43. (1) If a borrower is granted repayment assistance, the six-month repayment assistance period shall commence, (a)  at the beginning of the month in which the application for repayment assistance is received by the service provider; or (b)  at the beginning of the month following the month described in clause (a), if the application for repayment assistance is received by the service provider in, (i)  the month immediately before the individual is required to start paying interest under a student loan agreement or consolidated loan agreement, or (ii)  the last month of the most recent repayment assistance period. (2) Despite subsection (1), a service provider may, at the request of an applicant, backdate the commencement of the repayment assistance period if the applicant has failed to pay the principal amount and any interest on his or her outstanding student loans during the months previous to his or her application for repayment assistance. (3) The service provider shall not backdate the commencement of the repayment assistance period by more than six months.
Suspension of repayment terms in agreement
nan
Failure to make payments
 46. (1) If a borrower fails to make one or more monthly payments that he or she is required to make during a repayment assistance period, the borrower shall pay all missed payments on or before 30 days after the end of the repayment assistance period. O. Reg. 70/17, s. 46 (1). (2) A borrower who fails to pay all the missed monthly payments as required under subsection (1) shall no longer be eligible for repayment assistance under this Regulation unless, after the failure, the borrower pays all arrears of interest owing under the consolidated loan agreement or the arrangement established by the Minister under section 29 of this Regulation or section 29 of the 2001 Regulation, and, (a)  subject to clause (b), the greater of, (i)  two monthly payments required under subsection (1), or (ii)  two months of interest payable under the consolidated loan agreement or the arrangement established by the Minister under section 29 of this Regulation or section 29 of the 2001 Regulation; or (b)  if the borrower has exercised his or her option to pay the amount under clause (a) twice, at least two monthly payments required under the consolidated loan agreement or the arrangement established by the Minister under section 29 of this Regulation or section 29 of the 2001 Regulation. O. Reg. 219/22, s. 4.
Return to school and transition
 47. (1) If a borrower received repayment assistance under this Regulation, the 2001 Regulation or the pre-2001 Regulation, and subsequently returns to school and becomes a qualifying student or an Ontario Learn and Stay Grant student once again, the periods of repayment assistance received before the return to school shall not be considered for purposes of determining eligibility for any further repayment assistance that the borrower may apply to receive after completing the further period of study. O. Reg. 70/17, s. 47 (1); O. Reg. 83/23, s. 19 (1). (2) If a borrower received repayment assistance under the 2001 Regulation or the pre-2001 Regulation, any such periods of repayment assistance received since the borrower was last a qualifying student or an Ontario Learn and Stay Grant student shall be considered for the purposes of determining eligibility for repayment assistance under this Regulation. O. Reg. 70/17, s. 47 (2); O. Reg. 83/23, s. 19 (1). (3) If a borrower only has a student loan issued under the pre-2001 Regulation, any reference to “service provider” in sections 37 to 47 of this Regulation shall be read as a reference to the “bank that issued the student loan”. O. Reg. 70/17, s. 47 (3). (4) An application for repayment assistance that was made under the 2001 Regulation or the pre-2001 Regulation but on which no decision was made before March 10, 2017, and a period of repayment assistance that commenced under those regulations but was not completed before March 10, 2017, shall be continued under this Regulation. O. Reg. 70/17, s. 47 (4). (5) In this section, “period of study” includes a period of study as described in subsection 7 (2) of the 2023 Regulation. O. Reg. 83/23, s. 19 (2). Severe Permanent Disability Benefit
Severe Permanent Disability Benefit
nan
Severe permanent disability benefit
 48.  (1) In this section, “severe permanent disability” means a permanent disability as defined under section 36 that is so severe that, (a)  it not only restricts but prevents a borrower from performing the daily activities necessary to pursue studies at a post-secondary school level and to participate in the labour force, and (b)  the degree of the impairment or functional limitation described in clause (a) is expected to remain with the person for the person’s expected life. O. Reg. 70/17, s. 48 (1); O. Reg. 70/23, s. 8. (2) A person who has a severe permanent disability is entitled to have the outstanding amount of his or her student loans made under the Act, other than micro-credential student loans, forgiven if he or she meets the following eligibility requirements: 1.  The person is a Canadian citizen or is a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada). 2.  The person resides in Canada. 3.  The person has submitted an application to the Minister for the severe permanent disability benefit. 4.  The person satisfies the Minister that, by reason of his or her severe permanent disability, the person is unable to repay the student loan and will never be able to do so. O. Reg. 70/17, s. 48 (2); O. Reg. 83/23, s. 20 (1). (3) If a student loan issued under the Act, other than micro-credential student loans, is forgiven under this section, the Minister shall forgive the full amount outstanding on the loan. O. Reg. 70/17, s. 48 (3); O. Reg. 83/23, s. 20 (2). (4) Despite subsection (3), where the student loan was issued under the pre-2001 Regulation, the Minister shall pay the bank that issued the student loan the full amount outstanding on the loan. O. Reg. 70/17, s. 48 (4). (5) An application for the severe permanent disability benefit that was made under the 2001 Regulation or the pre-2001 Regulation but on which no decision was made before March 10, 2017, shall be continued under this Regulation. O. Reg. 70/17, s. 48 (5). Default on a Student Loan
What constitutes default
 49. A borrower is in default of his or her obligations to repay student loans if he or she, (a)  unequivocally refuses to pay the loans; or (b)  is in arrears by at least three months under the consolidated loan agreement or under the arrangement established by the Minister under section 29, as a result of failing to make monthly payments on at least three separate occasions.
Consequences of default
 50. (1) When a borrower is in default of his or her obligation to repay student loans, the loans are due and payable on the following date: 1.  If the default occurs because the borrower unequivocally refuses to pay the loans, the day of the refusal. 2.  If the default occurs because the borrower fails to make monthly payments on at least three separate occasions, the day of the third missed payment. O. Reg. 70/17, s. 50 (1). (2) When a borrower’s loans are due and payable, the Minister may take such measures as the Minister considers advisable in the circumstances, including amending the consolidated loan agreement or collecting the loans. O. Reg. 70/17, s. 50 (2). (3) When a borrower defaults on his or her obligation to make payments under a consolidated loan agreement, or an arrangement established by the Minister under section 29, the Minister may, (a)  deny the borrower the status of a qualifying student under section 25 or 26 or subsection 27 (2) during a period of study during which he or she does not receive a grant or student loan; and (a.1)  deny the borrower the status of an Ontario Learn and Stay Grant student under section 26 or 27 or subsection 28 (2) during a period of study under subsection 7 (2) of the 2023 Regulation during which they do not receive an Ontario Learn and Stay Grant; and (b)  refuse the borrower any repayment assistance under sections 36 to 47. O. Reg. 70/17, s. 50 (3); O. Reg. 219/22, s. 5; O. Reg. 83/23, s. 21. Loan Rehabilitation
Loan Rehabilitation
nan
Definitions
 51. In sections 52 to 56, “monthly rehabilitation payment” means the amount that an individual is required to pay on a monthly basis to rehabilitate a student loan, as determined under subsection 52 (3); (“versement mensuel de régularisation”) “rehabilitation period” means the period, as determined under subsection 52 (4), over which a student loan is to be rehabilitated; (“période de régularisation”) “total rehabilitation payment” means the payment determined under subsection 52 (3). (“versement total de régularisation”) O. Reg. 70/17, s. 51; O. Reg. 221/18, s. 2.
Application for rehabilitation
 52. (1) An individual who has defaulted on his or her obligation to repay student loans and who wishes to make an attempt to rehabilitate the loans shall apply for loan rehabilitation in a form approved by the Minister. O. Reg. 70/17, s. 52 (1). (2) An individual who applied for loan rehabilitation will receive a payment schedule described in subsection (3), if the following conditions are satisfied: 1.  The student loans were issued under this Regulation, the 2001 Regulation or the pre-2001 Regulation. 2.  The borrower is in default of his or her obligations to repay the student loan under section 49 of this Regulation, section 41 of the 2001 Regulation or section 10 of the pre-2001 Regulation and, i.  in the case where the loan was issued under this Regulation or the 2001 Regulation, the Minister determines that the loan will no longer be administered by the service provider, or ii.  in the case where the loan was issued under the pre-2001 Regulation, the Government of Ontario paid the student loans and interest to the Minister pursuant to a guarantee made under section 8 of the Act. 3.  The amount of principal outstanding on the student loans is at least $600. 4.  The individual has not previously made more than one attempt at rehabilitating the loans. O. Reg. 70/17, s. 52 (2). (3) The payment schedule shall include, (a)  the amount of the total rehabilitation payment required to rehabilitate the loan, which is equal to (A × 2) + B in which, “A”  is the monthly amount calculated by amortizing the outstanding principal over 114 months at an interest rate equal to the prime rate as of the date of application plus one per cent, and “B”  is the amount of interest in arrears as of the date of the application; and (b)  the amount of the monthly rehabilitation payments required to satisfy the total rehabilitation payment if paid over a period of two, three, four, five or six months. O. Reg. 221/18, s. 3. (4) An individual who receives a payment schedule described in subsection (3) determines the rehabilitation period by selecting whether to make monthly rehabilitation payments over two, three, four, five or six months, and shall make the monthly rehabilitation payments, in accordance with the payment schedule, on or before the end of the number of months selected. O. Reg. 221/18, s. 3.
Suspension of rehabilitation
 53. (1) The Minister may grant a temporary suspension of a rehabilitation attempt, whether or not the rehabilitation attempt has already failed and been terminated under section 54 if, in his or her opinion, the special circumstances of the individual justify the suspension.  (2) The suspension may be for such period of time as the Minister determines is appropriate, and a revised payment schedule setting out a revised rehabilitation period shall be provided to the individual. (3) If a rehabilitation attempt fails and is terminated, and subsequently a suspension of the attempt is granted under subsection (1), (a)  the failure and termination of the attempt are deemed never to have occurred; and (b)  the suspension period is deemed to have started on the day of the failure and ends on the day specified by the Minister. (4) When the suspension period ends, the rehabilitation attempt recommences on the same terms as applied before the suspension. (5) An individual who receives a revised payment schedule described in subsection (2) shall make the required monthly rehabilitation payments, in accordance with the revised payment schedule, before the end of the revised rehabilitation period.
Rehabilitation attempt
 54. (1) A rehabilitation attempt is considered to fail as follows: 1.  The attempt is considered to fail on the first day that the individual is in arrears for two consecutive months on the obligation under subsection 52 (4) to make monthly rehabilitation payments. 2.  If the individual’s rehabilitation attempt was suspended under section 53, the attempt is considered to fail on the first day after the recommencement of the attempt that the individual is in arrears for two consecutive months on the obligation under subsection 53 (5) to make monthly rehabilitation payments. 3.  If, as of the last day of the rehabilitation period or the revised rehabilitation period, the individual has not made payments that, in total, are equal to the total rehabilitation payment, the attempt is considered to fail on the day after the last day of the rehabilitation period or revised rehabilitation period. O. Reg. 70/17, s. 54 (1); O. Reg. 221/18, s. 4 (1). (2) If an attempt at rehabilitating a student loan fails, the attempt is terminated and the loan cannot be rehabilitated unless the individual reapplies under subsection 52 (1). O. Reg. 70/17, s. 54 (2). (3) A rehabilitation attempt is considered to succeed if, (a)  the individual makes the monthly rehabilitation payments in accordance with subsection 52 (4) and, if applicable, subsection 53 (5); (b)  as of the last day of the rehabilitation period or revised rehabilitation period, the individual has made payments that, in total, are equal to the total rehabilitation payment, and, (i)  the individual was not at any point during the rehabilitation period in arrears for two consecutive months on the obligation under subsection 52 (4) to make monthly rehabilitation payments, or (ii)  for a rehabilitation attempt that was suspended, the individual was not at any point after the recommencement of the attempt in arrears for two consecutive months on the obligation under subsection 53 (5) to make monthly rehabilitation payments. O. Reg. 70/17, s. 54 (3); O. Reg. 221/18, s. 4 (2). (4) If a rehabilitation attempt succeeds, the rehabilitation is effective as of the day after the last day of the rehabilitation period or revised rehabilitation period. O. Reg. 70/17, s. 54 (4). (5) Subsection (4) applies even if the final payment is made before the last day of the rehabilitation period or revised rehabilitation period. O. Reg. 70/17, s. 54 (5).
Effect of rehabilitation
 55. A student loan that has been successfully rehabilitated, (a)  is deemed to be a student loan issued by the Minister under this Regulation and is subject to the terms and conditions normally applicable to such a loan; and (b)  shall otherwise be treated as if the default and rehabilitation had not occurred.
Transition
 56. An application for loan rehabilitation that was made under the 2001 Regulation but on which no decision was made before March 10, 2017, and the rehabilitation of a loan that commenced under that regulation but was not completed before March 10, 2017, shall be continued under this Regulation. General
Duty to give notice of material change in circumstances
 57. (1) An individual who enters into a master student financial assistance agreement, under which the individual receives a grant or student loan pursuant to section 20, is required to promptly notify the Minister or such person or entity as may be designated by the Minister for the purposes of this section of any material change in his or her circumstances that occurs during the period of study for which the grant or loan is issued. O. Reg. 70/17, s. 57 (1); O. Reg. 83/23, s. 22. (2) A material change in circumstances includes, (a)  a change in the individual’s marital or family status; (b)  a change of address; (c)  a change in his or her enrolment; (d)  a change in education costs described in subsection 10 (4); and (e)  a change in financial resources described in subsection 10 (6). O. Reg. 70/17, s. 57 (2).
Change of address
 58. An individual who enters into a master student financial assistance agreement under which the individual receives a grant or student loan pursuant to section 20, shall promptly notify the service provider or such person or entity as may be designated by the Minister for the purposes of this section of any change of address that occurs after the person ceases to be a qualifying student under section 24 but before the repayment in full of the principal amount of the student loan and of any outstanding interest on that amount.
Effect of false statements
 59. (1) If a service provider discovers that a document pertaining to a grant or student loan contains a false statement, the service provider shall promptly report the matter to the Minister.   (2) Upon discovering that the document contains a false statement, the service provider may take any action that he, she or it considers appropriate in the circumstances, with the approval of the Minister.
Officers authorized to issue notices of assessment
 60. 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
 61. 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. 62. Omitted (provides for coming into force of provisions of this Regulation).  Français