Ministry of Training, Colleges and Universities Statute Law Amendment Act, 2000 Cunningham, Hon. Dianne Minister of Training, Colleges and Universities — Bill 132 (37th Parliament, 1st Session)

Bill 132, 37-1

Ontario — Bills

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Bill 132, Ministry of Training, Colleges and Universities Statute Law Amendment Act, 2000

Cunningham, Hon. Dianne Minister of Training, Colleges and Universities

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[37] Bill 132 Royal Assent (PDF)

Bill 132

Bill 1322000

An Act to enact

the Post-secondary Education

Choice and Excellence Act, 2000,

repeal the Degree Granting Act

and change the title of and make

amendments to the Ministry of

Colleges and Universities Act

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1. The Post-secondary Education Choice and Excellence Act,

2000, as set out in the Schedule, is hereby enacted.

2. The Degree Granting Act , being

chapter D.5 of the

Revised Statutes of Ontario, 1990, is repealed.

(1) The title of the Ministry of Colleges and Universities

Act is repealed and the following substituted:

Ministry of Training, Colleges and

Universities Act

(2) The

definitions of "Minister" and "Ministry" in

section 1 of

the Act are repealed and the following substituted: "

Minister" means the Minister of Training, Colleges and Universities;

("ministre") "

Ministry" means the Ministry of Training, Colleges and Universities.

("ministre")

(3) Subsection 2 (1) of the Act is repealed and the following

substituted:

Ministry continued

Ministry of Colleges and Universities and in French as ministre des Collges

et Universits is continued under the name Ministry of Training, Colleges and

Universits in French.

(4) The Act is amended by adding the following

sections:

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.

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.

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.

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.

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.

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.

(5) Section 7 of the Act is repealed and the following

substituted:

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.

(6) Subsection 9 (2) of the Act is repealed.

(7) The Act is amended by adding the following

sections:

Inspectors

(1) The Minister, in connection with the

administration of awards, grants and student loans, may appoint inspectors

for the purposes of determining compliance with this Act, the regulations and

any agreements entered into by the Minister.

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.

Restricted appointments

(3) The Minister may restrict the inspector's powers of entry and

inspection to specified premises or institutions.

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.

Identification

(5) An inspector conducting an inspection shall produce evidence on

request of his or her appointment.

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.

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.

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.

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.

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.

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.

Report to the Minister

(12) An inspector shall report to the Minister on the results of each

inspection.

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 awards, grants

and student loans under this Act and the regulations.

Offence

(1) No person shall knowingly obtain or receive an

award, grant or student loan to which he or she is not entitled under this

Act and the regulations.

Same

(2) No person shall knowingly aid or abet another person to obtain or

receive an award, grant or student loan to which the other person is not

entitled under this Act and the regulations.

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 an award, grant or student loan.

Same

(4) No person shall knowingly provide false information in connection with

the administration of an award, grant or student loan or for the purposes of

obtaining or receiving an award, grant or student loan.

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).

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.

Regulations

13. The Lieutenant Governor in Council may make

regulations,

provided out of the money appropriated by the Legislature may be made to

students enrolled in post-secondary institutions, prescribing the amounts of

the awards and grants and the methods of calculating them and the persons

eligible for the awards and grants, defining the types, classes and

subclasses of awards and grants, fixing the maximum amount that may be

awarded or granted to any applicant and authorizing the Minister to determine

the amount, up to the maximum that may be awarded or granted, to an

applicant;

guaranteed and made to students enrolled in post-secondary institutions,

including the amounts of the loans and the methods of calculating them and

the persons eligible to make and receive the loans, defining the types,

classes and subclasses of loans, fixing the maximum amount that may be loaned

to any applicant and authorizing the Minister to determine the amount, up to

the maximum that may be loaned to an applicant;

(c)providing for the recovery of all or part of the money awarded, granted

or loaned to any student enrolled or purporting to be enrolled in a

post-secondary institution who was not eligible for all or part of the award,

under which the award, grant or loan was approved, guaranteed or made;

(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 forms and providing for their use;

(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 the rate of interest payable by the Minister or a student

borrower to a financial institution on a guaranteed student loan;

(j)prescribing the period that may lapse after which the principal amount

of a guaranteed student loan and interest thereon shall commence to be

payable by the student borrower;

(k)respecting the subrogation of the Government of Ontario to the rights

of a financial institution with respect to a guaranteed student loan;

(l)prescribing procedures to be followed by a financial institution with

respect to a guaranteed student loan;

(m)prescribing the provisions to be included in agreements between

borrowers and financial institutions related to guaranteed student loans;

(n)providing for the alteration of agreements between borrowers and

financial institutions and prescribing the conditions and consequences of

such alterations;

(o)providing for the assignment or transfer by financial institutions of

agreements between borrowers and financial institutions and prescribing the

conditions and consequences of such assignments or transfers;

(p)prescribing, in t

Document details

Collection	Ontario — Bills
Citation	Bill 132, 37-1
Type	bill
Volume / chapter	p37 s1 bill 132 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	12fa566ea8a734d6e7d0cfee63c265aa0063f6f4

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