Ontario student loan- more than 14 years old

When you originally completed the "OSAP Child Care Benefit Application Form" in 1994/1995, ( the Bursary Application ), you agreed to provide child care receipts to OSAP as a condition of receiving this Bursary. These receipts are used by OSAP to confirm that the monies you received as a Bursary, were, in fact, paid as a child care expense.

At least two receipts are required for the OSAP Child Care Bursary. The first receipt(s) must be for the actual child care costs the student has incurred for the first four weeks of his or her study period. The receipt(s) must accompany the OSAP Child Care Bursary Application Form in order for the student to be considered for a bursary.

The second receipt(s) must be for the actual child care costs incurred during the remaining weeks of the student's study period. The deadline date to submit the second receipt(s) is no later than 45 days after the student's last day of classes. This receipt(s) must be submitted to the financial aid office at the student's school.

If more than one person provides child care, each child care provider must fill out a separate receipt. Only the standard OSAP Child Care Bursary Receipt will be accepted. Incomplete or non-OSAP receipts will not be accepted.

Based on the information that you provided in your post, it would appear that either this receipt(s) was not provided in a timely manner, or was not provided to the financial aid office at your school, or was not provided on the official OSAP Child Care Bursary Receipt.

In my view, this is causing your problem. Without this receipt(s) provided according to their Regulations, OSAP will now deem this Bursary as an overpayment and has assigned it to NCO Collections for recovery.

I would strongly suggest that you write a letter to OSAP in Thunder Bay requesting clarification as to why your Bursary has been assigned to NCO for collection. If their response refers to the non-acceptance or non-submission of the receipt(s), write another letter and request specific directions as to how you can rectify this problem, other than paying for the amount claimed.

RE; STATUTE OF LIMITATIONS

Under the Ontario Limitations Act, 2002 which became effective January 1, 2004, pursuant to Paragraph 16(1)(k), it states as follows:

16(1) There is no limitation period in respect of:

(k) a proceeding to recover money owing in respect of student loans, medical resident loans, awards or grants made under the Ministry of Training, Colleges and Universities Act, the Canada Student Financial Assistance Act or the Canada Student Loans Act.

That means that any Bursary issued after January 1, 2004 under the Ministry of Training, Colleges and Unversities Act would be caught by this provision.

Your Bursary was issued under the Ontario Limitations Act, R.S.O. 1990, CHAPTER L.15. which provides for a six year limitation period.

However, the current Limitations Act, 2002 provides for Transition Rules how a former limitation period is applicable to the current limitation rules.

Section 24 provides the rules for the application of the limitation period.

(1) "former limitation period" means the limitation period that applied in respect of the claim before January 1, 2004.

(2) This section applies to claims based on acts or omissions that took place before January 1, 2004 and in respect of which no proceeding has been commenced before that date.

(3) If the former limitation period expired before January 1, 2004, no proceeding shall be commenced in respect of the claim.

(4) If the former limitation period did not expire before January 1, 2004,and if no limitation period under the Act would apply were the claim based on an act or omission that took place on or after that date, there is no limitation period.

In summary, what Section 24 is saying is this. If OSAP's claim has a six year limitation period under the former Limitation Act ( which it does ) and this limitation period expired prior to January 1, 2004, then OSAP's claim is "statute-barred". On the other hand, if OSAP's claim has a six-year limitation period under the former Limitation Act and this limitation period expired after January 1, 2004, then there is no limitation period.

It now becomes absolutely essential to determine when OSAP first knew of the claim and count forward six years. If the six year period ends before January 1, 2004, the claim is "statute-barred". If the six year period ends after January 1, 2004, OSAP potentially has a claim with no limitation period.