Job Specification

Purpose of Position :

To administer, enforce and obtain compliance by post-secondary students and post-secondary public and private institutions with the Ministry of Training, Colleges and Universities Act (MTCU Act) and related regulations, policies and standards of the Ministry of Training, Colleges and Universities for the regulation of the Ontario Student Assistance Program (OSAP).

Duties / Responsibilities :

Within the OSAP Inspection and Compliance Unit (OICU) of the Student Financial Assistance Branch with the mandate to manage the administration of OSAP provincial programs and ensure compliance by public and private postsecondary institutions with OSAP regulations and policies, the job requires:

1. Conducting investigations of alleged violations of the MTCU Act by postsecondary students who have been identified as having applied for and/or received OSAP under false pretenses and where program abuse is suspected or alleged. Assesses the nature of the potential compliance issue; gathers and analyzes documentation to determine the veracity of the complaint; and conducts verification of student eligibility for OSAP. Determines appropriate disposition of each case including imposing administrative penalties against the student as authorized by the MTCU Act/regulations, and/or recommending that the case proceed under the offence provision contained the MTCU Act and that legal action by the government be initiated. Prepares investigation reports for submission to branch management and the Minister's office outlining the investigation process and results.

2. Managing an assigned portfolio of public post-secondary institutions in Ontario that deliver and administer OSAP through their Financial Aid Office (FAO) staffed by Financial Aid Administrators (FAAs) to determine compliance with OSAP legislative provisions, Performance Requirements, and Processing Guidelines. Provides senior level expertise and consultation services to FAAs across the province on ministry legislation, regulations and standards of compliance, and requests OSAP program documents and statistics for inspection as provided in legislation and ministry/institution OSAP program delivery agreements. Conducts reviews of OSAP inspection data to determine compliance with legislated standards and analyzes inspection results. Exercises independent authority to render decisions related to approvals and/or corrective action requirements. Prepares reports, identifies compliance issues and remedial action requirements, and pursues corrective action as required. Conducts follow up inspections with FAAs, as required to ensure compliance.

3. Managing an assigned portfolio of private postsecondary institutions and private career colleges for the annual OSAP designation approval process. Reviews, analyzes, assesses and recommends annual approvals of private career colleges and private institutions under the MTCU Act, OSAP Performance Requirements, Private Career Colleges Act (PCC) and OSAP related standards and guidelines. Liaises with Ontario private institutions seeking initial OSAP designation for their institutions or new campuses and communicates ministry requirements and assesses applications. Manages the timely receipt of annual OSAP data submitted by private postsecondary institutions, and utilizes the OSAP risk matrix system to analyze and assess compliance by institutions (e.g. conducting compliance audits, identifying default rates, analyzing financial statements, determining compliance issues). Monitors cost sharing arrangements and audited financial statements for private career colleges and institutions, and determines their financial viability. Independently determines the approval of the OSAP designation of private postsecondary institutions based on the risk matrix analysis results, and identifies compliance issues and grounds of non-compliance with a term or condition of ministry legislation, regulations or directives. Determines appropriate enforcement corrective action following review of enforcement options outlined in legislation; issues orders and notices; and recommends withdrawal of the Minister's OSAP designation approval of an institution for student loan purposes, as deemed necessary.

4. Exercising authority as a Provincial Offences Officer and an Inspector under the MTCU Act, conducting inspections of institutions if it appears that OSAP administration practices are not in compliance with MTCU Act, OSAP Performance Requirements, Private Career Colleges Act (PCC Act) and OSAP related directives, guidelines and standards. Exercises legislative powers to enter and inspect premises of any person or post-secondary institution under investigation; identify contraventions of provincial legislation/regulations; and collect and seize evidence (ensuring continuity of evidence), interview students/institution representatives and other relevant parties, and take statements. Prepares detailed and comprehensive investigative reports outlining the investigation methodology, analysis and results. Prepares investigation packages and briefing materials for management on issues stemming from the outcome of investigations with detailed support for enforcement recommendations.

5. Compiling, analyzing and securing all relevant evidence if the decision is taken to initiate legal action against a student or an institution by MTCU or other ministries (e.g. MCSS) following case investigations. Supports ministry legal counsel in the preparation of evidentiary briefs suitable for presentation in a Regulatory Hearing and Provincial Offences Act Prosecution, and that may be used in a Criminal Code Prosecution. Acts as an agent of the ministry in court proceedings.

6. Managing effective relationships with ministry/branch internal and external stakeholders related to OSAP compliance. Represents the government/ministry by encouraging voluntary compliance and providing authoritative advice to Financial Aid Offices, registrars, students, private career college owners, and other stakeholders related to compliance and monitoring issues and OSAP administrative requirements and standards, and mediates/resolves OSAP program disputes between students and institutions. Leads and/or conducts the delivery of information and training sessions on OSAP legislation, regulations, policies, procedures and standards for institutional Financial Aid Administrators and ministry staff. Consults with federal and other provincial government ministries and program staff related on matters of social and student assistance.

7. Conducting proactive analysis of OSAP data and statistics to monitor trends and identify/record areas where OSAP may be vulnerable for abuse by public and private postsecondary institutions, students and third parties, and selecting sample files for review and investigation. Identifies contentious issues for senior management; recommends issues management strategies and legislative/policy changes to improve OSAP compliance. Prepares briefing notes and contributes to the preparation of house notes as required.

8. Acting as secretary to the OSAP Financial Eligibility Advisory Committee (FEAC) on a rotating basis with other Compliance Officers in the unit.

9. Supporting and coaching other staff in the unit/branch by sharing knowledge, accompanying them on inspections, and participating and/or representing the Ministry on internal and external committees and meetings, as assigned by the Manager.

10. Conducting and/or participating in projects for the development, implementation and review of branch/unit policies and procedures and other project initiatives to support and ensure effective program delivery. Contributes to the development and communication of effective strategies for reducing misuse and abuse of OSAP.

The position requires travelling on a regular basis for consecutive days (up to one week) on behalf of the Ministry for inspections of both private and public postsecondary institutions and for training or presentation purposes.

Staffing and Licencing :

- Valid Ontario Drivers' License as required to visit OSAP offices and conduct inspections of private and
public postsecondary institutions throughout the Province.
- Suitability for appointment as a Provincial Offences Officer.

Knowledge :

Job requires:
• thorough knowledge of the content and intent of government OSAP legislation/regulations under the Ministry of Training, Colleges and Universities Act (MTCU Act), Private Career Colleges Act (PCC Act), Postsecondary Education Choice & Excellence Act (PSECEA), and the Postsecondary Education Choice and Excellence Act (PSECEA); legal opinions and precedents of enforcement decisions and legal penalties in order to correctly interpret and apply legislation and regulations when conducting inspections, identifying issues of non-compliance, rendering enforcement decisions as authorized by the Minister, and providing authoritative advice to public/private institutions, students and other stakeholders.
• thorough knowledge of ministry OSAP policies, program guidelines and procedures, and related federal student support legislation/regulations to conduct compliance reviews/investigations of postsecondary students and public/private postsecondary institutions, respond to inquiries/complaints, and determine appropriate disposition of each case that is being reviewed.
• knowledge of the role/accountabilities of public and private postsecondary institutions in Ontario related to the delivery and administration of OSAP to review and investigate OSAP operations/statistics to determine compliance.
• knowledge of investigative, research and interview methodologies and techniques to perform duties of a Provincial Offences Officer and carry out investigations of student files and institutional records, conduct interviews to obtain facts/data, assess findings, and determine appropriate enforcement action, follow-up and disposition.
• knowledge of general concepts/principles of administrative law (e.g. procedural fairness, due process of law, application of rules of natural justice in investigations) to conduct OSAP inspections and investigations, determine compliance, identify contraventions, issue orders and notices and determine/recommend enforcement action.
• knowledge of the Ontario Evidence Act rules of evidence and techniques for gathering and presenting information that may be used in legal proceedings to determine if legal action should be recommended, gather/secure evidence, assist in the preparation of evidentiary briefs, and participate in legal proceedings if required.
• knowledge of the privacy and access provisions and principles of the Freedom of Information and Protection of Privacy Act (FIPPA) and ability to exercise discretion and maintain confidentiality in all communication pursuant to the Act.
• knowledge of data/statistical analysis methods to conduct proactive analysis of OSAP data to monitor trends, identify areas where OSAP may be vulnerable for abuse, and determine/select files for compliance review.
• knowledge of risk assessment principles to evaluate, research and determine risk associated with action/inaction as appropriate.
• knowledge of audit and accounting procedures to review/assess financial information in student/institutional files and records, and to determine financial viability based on data presented.
• knowledge of dispute resolution principles, methods and strategies to mediate and resolve disputes between institutions and students related to OSAP.
• knowledge of personal computer operation and software applications such as word processing, spreadsheets (e.g. Excel), data base (e.g. Access), presentations, email and internet searches to research and prepare reports and presentations, update the unit's institutional data base and the OSAP data base as required, and act as the secretary for meetings with the FEAC.

Skills :

Job requires:
• analytical and decision making skills to review/assess OSAP student application materials and institutional records/statistics to identify/assess potential fraud risk, determine compliance with statutory requirements, determine appropriate disposition of the case, determine initial and continuing eligibility of students for OSAP, and recommend the initiation of legal action as required;
• research and investigative skills to review detailed, complex multi-year files and supporting documentation to detect problems, errors, omissions, and to conduct detailed on-site inspections of post-secondary institutions and students to conduct investigations where fraud or non-compliance with OSAP regulations is suspected.
• audit, analysis and evaluation skills to interpret information/evidence, analyze OSAP compliance audit reports, and recommend approvals under OSAP requirements and the PCC Act.
• sound judgment to identify contentious compliance issues for senior management and prepare briefing materials and contribute to house notes.
• relationship management and client service skills to establish and maintain effective working relations on behalf of the ministry/government with the public, students, public postsecondary institutions, private career colleges, and internal and external stakeholders.
• oral communication, consultation and presentation skills to provide technical expertise, briefings, advice and recommendations to unit/ministry senior management; provide advice and regulatory expertise to senior representatives of post-secondary institutions on OSAP legislation/regulatory requirements and convey/discuss compliance review results and required action; serve as an effective witness as required in law enforcement and legal proceedings; deliver presentations and conduct/participate in training programs for branch and institutional staff.
• ability to represent the ministry/government well and establish credible presence in the field.
• ability to use risk management skills in the management of assigned portfolios and to determine potential legal and political issues.
• written communication skills to prepare investigative review working papers and reports, comprehensive reports, issue notes, briefing documents, letters of recommendations and correspondence, and to contribute to the development of unit policy and procedures manuals and training material.
• mediation, negotiation and conflict resolution skills to effectively manage the sensitive and often difficult nature of allegations while extracting necessary information for investigation, and mediating the resolution of issues.
• organizational, case management and time management skills to prioritize and manage high workload volumes, develop strategies for handling various types of cases, meet timeframes, and maintain up-to-date paper and computer files on investigation cases.
• political acuity, tact and diplomacy, along with ability to deal with sensitive issues while ensuring legislative compliance.
• ability to work independently and work as a team to ensure consistent practices.
• PC proficiency in database management, word processing, Microsoft Outlook and other standard ministry software to enter updates and retrieve information from the database, prepare briefing notes, reports and letters.

Freedom of Action :

Job works within the provisions of relevant OSAP legislation (i.e. MTCU Act, PCC Act, and the PSECEA), and OSAP regulations, policies and guidelines. Job works independently in the field to conduct on-site investigations as a Provincial Offenses Officer and MTCU Inspector, identify issues of non-compliance, and render enforcement decisions/recommendations based on legislative parameters. Job has considerable latitude for decision making based on the interpretation and application of legislation/regulations and legal precedents, and has the legislated authority to make OSAP enforcement decisions and/or recommendations as outlined in the MTCU Act. Job requires identifying actions which must be taken by students and institutions to achieve compliance with legislation, and making sound enforcement decisions/recommendations based on investigation results. Job is required to provide clear evidence to law enforcement officials and in court. Tact, initiative and discretion are required to deal with sensitive issues while maintaining confidentiality of information. Errors made by the job could negatively impact the credibility of the OSAP program and the ministry/government with external stakeholders, result in hardened relationships with postsecondary institutions, and could lead to charges against the ministry for regulatory negligence. Job consults with the Manager in situations in which application of legislation is subject to new or unclear interpretation, or the issues are particularly sensitive or potentially contentious, but the job is generally expected to have fully addressed the issue and formed a well-reasoned view and recommendation. Work is reviewed by the Manager through standard reporting processes and assessed for overall results, soundness of decisions/recommendations, and adherence to legislation, regulations and OSAP policies/procedures.