Student Financial Assistance Regulations
N.L.R. 105/03
Newfoundland and Labrador — Regulations
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NEWFOUNDLAND AND
LABRADOR
REGULATION 105/03
Student Financial Assistance Regulations
under the
Student Financial Assistance Act
(O.C. 2003-469)
Amended by:
29/04
103/05
90/06
82/07
66/09
67/09
61/11
30/12
36/13
57/14
49/15
27/16
26/19
55/20
82/20
44/22
59/25
NEWFOUNDLAND AND
LABRADOR
REGULATION 105/03
Student Financial Assistance Regulations
under the
Student Financial Assistance Act
(O.C. 2003-469)
(Filed September 8, 2003
Under the authority of
section 16 of the Student Financial Assistance Act , the Lieutenant-Governor in Council makes the following regulations.
Dated at St. Johns , September 2, 2003 .
Deborah E. Fry
Clerk of the Executive Council
REGULATIONS
Analysis
Short title
Definitions
Application
Educational institution designation
Amount of financial assistance
Granting of financial assistance
5.01
Financial assistance for part time students
5.1
Loan and grant disbursement
5.2
Payment free status
5.3
Rules respecting payment free status
5.4
Notification
5.5
Required provisions
5.6
Amendment to prevent default
5.7
Student loan default
5.8
Consolidation and repayment
5.09
Repayment
5.9
Obligation to pay interest
5.10
Application to pre-April,
2004 loans
5.11
Revision of terms
Debt reduction grants
Debt reduction calculation
Student loan remission
Early childhood education grants
Repayment assistance
10.1
Rep. by 55/20 s4
10.2
Rep. by 55/20 s4
10.3
Rep. by 55/20 s4
10.4
Rep. by 55/20 s4
10.5
Rep. by 55/20 s4
10.6
Rep. by 55/20 s4
10.7
Rep. by 55/20 s4
10.8
Rep. by 55/20 s4
10.9
Rep. by 55/20 s4
10.10
Rep. by 55/20 s4
10.11
Rep. by 55/20 s4
10.12
Rep. by 55/20 s4
Deferred bursary
Loan forgiveness due to permanent disability or death
12.01
Loan forgiveness due to severe permanent disability or death
12.1
Debts collected by subrogation or under Act
Commencement
Short title
These regulations may be cited as the Student Financial Assistance Regulations .
105/03 s1
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Definitions
In these regulations
(a)
"Act", unless the context indicates otherwise, means the Student Financial Assistance Act , 2019 ;
(a.1)
(a.2)
"designated operation" means an operation that is designated under paragraph 247.5(1)(
a) of the Canada Labour Code ;
(b)
"division" means the Student Financial Services Division of the department;
(b.1)
(Canada)
or the Canada Student Loans Act
(Canada);
(c)
[Rep. by 29/04 s1]
(d)
"full course load" means the maximum number of courses that an educational institution usually requires a person to complete during a period of study in the persons program of study;
(e)
"full time student" means a qualifying student who is enrolled in 80% of a full course load or who qualifies to receive financial assistance under subsection 3(3) or (4) of the Student Financial Assistance Administration Regulations
or who is a member of the reserve force who interrupts the qualifying student's program of study to serve on a designated operation until
(
i) the last day of the month in which the qualifying student's service on the designated operation ends, or is considered to have ended under subsection 5.2(7), or
(ii)
the date determined under subsection 5.2(10) that is the earlier of the day
(
A) on which it is determined by Canada's Minister of Human Resources and Skills Development under the Canada Student Financial Assistance Regulations
that the injury or disease, or the aggravation of the injury or disease, no longer precludes the qualifying student from returning to a program of study, and
(
B) that is 2 years after the day on which the qualifying student's service on the designated operation ended;
(e.1)
"part time student" means a qualifying student who is enrolled in at least 20% and less than 60% of a full course load but does not include a qualifying student who is eligible for financial assistance under subsection 3(4) of the Student Financial Assistance Administration Regulations ;
(f)
"partner", with respect to a borrower, means a person
(
i) to whom the borrower is married, or
(ii)
with whom the borrower is cohabiting and has cohabited with in a conjugal relationship for at least 12 consecutive months, or
(iii)
with whom the borrower has filed the borrowers most recent income tax return as a common law partner;
(g)
"period of study" means a period of study at an educational institution that is not fewer than 12 weeks in length within a period of not fewer than 15 weeks and not more than 52 consecutive weeks in length;
(g.1)
"prime rate" means, for any day, the variable reference rate of interest as calculated by Canadas Minister of Human Resources and Skills Development based upon the variable reference rates of interest declared on the previous business day by the largest 5 Canadian institutions as their prime rate, calculated by ignoring both the highest and lowest of those 5 rates and taking the average of the remaining 3 rates;
(h)
"program of study" means a series of periods of study, the successful completion of which, if all requirements are met, qualifies the person for a degree, diploma or certificate; and
(i)
"service provider" means a person who has entered into an agreement with the minister to provide services with respect to the disbursement, administration, management and recovery of student loans.
105/03 s2 ; 29/04 s1 ; 66/09 s1 ; 67/09 s1 ; 61/11 s1 ; 49/15 s1 ; 26/19 s1 ; 44/22 s1
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Application
2.1
These regulations apply to all student loans unless otherwise is expressly stated.
29/04 s2
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Educational institution designation
(1)In order to qualify as an educational institution under the Act an institution that offers a program of study in the province shall be
(
a) a college or university as defined in the Memorial University Act ;
(
b) the college as defined in the Colleges Act , 1996; or
(
c) registered as private training institution under the Private Training Institutions Act .
(2) An institution in another province or territory
of Canada , including an institution that offers distance education courses to residents of the province, may be designated as an educational institution where that institution has been designated for student financial assistance purposes by the appropriate authority in the province or territory
of Canada
in which it is located.
(3) An institution referred to in subsection (2) that is also a private training institution shall not be designated as an educational institution unless it is registered under
an Act of another province or territory
of Canada
that is equivalent to the Private Training Institutions Act.
(4) An institution that is in the United States of America that is accredited by an accrediting agency approved by the United States Secretary of Education and is defined as an institution of higher education in accordance with the publication of the U.S. Department of Education: The Federal Financial Aid Handbook may be designated as an educational institution.
(5) An institution that is outside Canada
and the United States of America
that
(
a) offers programs that lead to an associate, undergraduate, graduate or professional degree or is at least 2 years in duration and is acceptable for full credit towards an undergraduate degree; or
(
b) where the Lieutenant-Governor in Council considers the circumstances to be exceptional, a non-degree granting institution that is recognized by the country in which it is located as an accredited post-secondary educational institution that provides programs that lead to a certificate or diploma,
may be designated as an educational institution.
(6) An application made by an institution to be designated as an educational institution by the minister shall be in the form and contain the information required by the minister.
(7) A designation of an institution as an educational institution by the minister shall be in writing.
(8) In order to qualify for and maintain a designation as an educational institution, that institution must
(
a) provide information and counselling to students with respect to their eligibility for financial assistance;
(
b) collect and report information to the division as required by the minister;
(
c) have a refund policy acceptable to the minister for students who withdraw before completing their program;
(
d) where applicable, comply with the requirements of the Private Training Institutions Act ;
(
e) have a grade 12 or equivalent entrance requirement or a mature student policy in place that is acceptable to the minister;
(
f) have a default prevention plan that is acceptable to the minister;
(
g) adhere to all specified administrative requirements of the minister; and
(
h) comply with all other requirements that the minister may by policy establish.
(9) Where an educational institution designated under the Act fails to comply with the requirements to maintain that designation, the minister may, with the approval of the Lieutenant-Governor in Council, cancel its designation as an educational institution.
105/03 s3 ; 61/11 s1
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Amount of financial assistance
(1) Financial assistance shall not be issued in an amount that is less than $67.
(2) Commencing August 1, 2025, financial assistance issued to a qualifying student shall be issued in the manner and amounts as follows:
(
a) first, subject to subsection (3), an amount of not more than $420 per course in a non repayable Memorial University Tuition Relief Grant;
(
b) second, an amount of not more than $120 per week of a period of study in student loan;
(
c) third,
(
i) an amount of not more than $120 per week of a period of study in a non repayable grant, or
(ii)
where the qualifying student is enrolled in medical school at Memorial University of Newfoundland, an amount of not more than $145 per week of a period of study in a non repayable grant; and
(
d) fourth, where the qualifying student is enrolled in medical school at Memorial University of Newfoundland, a further amount of not more than $35 per week of a period of study in student loan.
(3) In order to qualify for the Memorial University Tuition Relief Grant referenced in paragraph (2)(a), a qualifying student must:
(
a) be a resident of the province as determined by the division under
section 9 of the Student Financial Assistance Administration Regulations ;
(
b) have completed high school in the province;
(
c) be enrolled in full-time studies at Memorial University of Newfoundland;
(
d) be enrolled in a bachelor
degree level program;
(
e) be required to pay tuition fees of $600 per course or more;
(
f) be eligible for the Canada Student Grant for Full-Time Students; and
(
g) have at least $1 of need as determined under the Student Financial Assistance Administration Regulations .
(4) Notwithstanding subsection (2), commencing August 1, 2025, where a qualifying student is enrolled in a program of study outside the province, financial assistance issued to the qualifying student shall be issued in an amount of not more than $240 per week of a period of study in student loan unless the minister determines that
(
a) the qualifying student's program of study is not offered in the province;
(
b) the qualifying student is enrolled in graduate studies;
(
c) the qualifying student's program of study differs substantially from any program of study offered in the province;
(
d) the qualifying student does not meet the minimum entry requirement for the qualifying student's program of study in the province but meets the requirements for substantially the same program outside the province;
(
e) the qualifying student applied to do the qualifying student's program of study in the province but was denied entry due to limited spaces in that program;
(
f) the qualifying student received transfer credits toward advanced standing into the qualifying student's program of study, resulting in a reduced length of time for that program;
(
g) the qualifying student's partner
(
i) has undertaken studies outside the province, and
(ii)
meets a requirement under one or more of paragraphs (
a) to (f); or
(
h) there is another reason that the minister considers to be appropriate.
27/16 s1 ; 55/20 s1 ; 44/22 s2 ; 59/25 s1
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Granting of financial assistance
(1)A person to whom a notice of financial assistance has been issued shall
(
a) be enrolled as a full time
student as confirmed by an official of the educational institution;
(b)
(
c) submit the completed student loan agreement to the minister or service provider before the last day of the month of the persons period of study end date; and
(
d) sign those consents, authorizations and certificates that the minister may require.
(2) Where a person complies with subsection (1), the minister shall issue financial assistance to that person in the amount set out in the notice of financial assistance.
36/13 s2 ; 26/19 s2 ; 44/22 s3
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Financial assistance for part time
students
5.01
(1)Notwithstanding
section 5, the minister may issue a non repayable grant to a part time student who has been issued a certificate of eligibility for a federal part time student loan.
(2) A non repayable grant referred to in subsection (1) shall be issued in an amount equal to the amount of the part time student's federal part time student loan.
(3) Where the amount of a part time student's federal part time student loan is increased after the non repayable grant is issued, the minister may issue a further non repayable grant equal to the amount of the increase.
(4) Notwithstanding subsections (2) and (3), a non repayable grant issued under this
section shall not exceed either
(a)
$500 per semester; or
(b)
$1,000 per 12 month
period commencing on August 1 each year and ending July 31 the following year.
(5) A part time student to whom a notice of financial assistance has been issued shall:
(
a) sign those consents, authorizations and certificates that the minister may require; and
(
b) provide information that the minister may require.
(6) Section 4 does not apply to financial assistance issued under this section.
49/15 s2 ; 26/19 s3
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Loan and grant disbursement
5.1
(1)A student loan or a grant issued under
section 4 or 5.01 shall not be disbursed before the borrowers period of study start date or after the last day of the month of the borrowers period of study end date.
(2) Notwithstanding subsection (1), with the written approval of the minister, a student loan or a grant issued under
section 4 or 5.01 may be disbursed in a manner that does not comply with the disbursement requirements of subsection (1).
49/15 s3
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Payment free status
5.2
(1)Where a student loan is issued to a borrower, that student loan has payment free status during the period
(
a) commencing on the period of study start date as confirmed by the borrowers educational institution; and
(
b) ending 6 months after the last day of the month of the borrower's period of study end date as confirmed by the borrowers educational institution.
(2) Payments are not required on a student loan during the period that the student loan has payment free status.
(2.1) Payments are not required on a student loan until the last day of the
(
a) seventh month after the last day of the borrowers period of study end date as confirmed by the borrowers educational institution; or
(
b) first month after payment free status under subsections (6), (10) or (13) ended.
(3) A borrower who is not issued a student loan for a current period of study and
(
a) who is enrolled in at least 60% of a full course load; or
(
b) meets the requirements of subsection 3(4) of the Student Financial Assistance Administration Regulations ,
may apply to the minister for payment free status on the borrowers student loan.
(4) An application under subsection (3) must include or be accompanied by the information that the minister may require.
(5) Where the minister receives an application under subsection (3 ), and
is satisfied that the borrower has complied with these regulations, the minister may grant payment free status to the borrowers student loan.
(6) Subject to subsections (7) and (11), when a student loan is issued to a borrower who is a member of the reserve force and who interrupts the borrowers program of studies to serve on a designated operation, that student loan has payment free status until 6 months after the last day of the month in which the borrowers service on the designated operation ends.
(7) Where, as a result of
the date on which the borrowers service on the designated operation ends, the borrower is unable to continue in a program of studies within 6 months after that date, the minister may, on application, defer by up to 6 months the date on which the service on the designated operation is considered to have ended.
(8) A borrower referred to in subsection (6) must, no later than 30 days after receipt of the borrowers posting message provided by Canada's Department of National Defence, unless circumstances beyond the control of the borrower necessitate a longer period, notify the minister in the prescribed form that the borrower will be serving on the designated operation and must provide the minister with a list of outstanding student loans not owned by the Crown and, where the minister requests, provide the minister with
(
a) the borrowers social insurance number;
(
b) a list of outstanding student
loans;
(
c) a copy of the posting message; and
(
d) information that is necessary to assess whether the borrower meets the requirements of subsection (6), (7), (10) or (12).
(9) The minister may consider one or more of the requirements of subsection (8) of these regulations to be satisfied where a borrower has provided a notification and information to Canada's Minister of Human Resources and Skills Development in compliance with subsection 8(3) of the Canada Student Financial Assistance Regulations .
(10) Where a borrower referred to in subsection (6) is unable to continue full-time in a program of studies as a result of an injury or disease that is attributable to or was incurred during the designated operation, or the aggravation of an injury or disease, if the aggravation was attributable to or was incurred during the designated operation, the borrower will be granted payment free status until 6 months after the earlier of the day
(
a) on which it is determined by Canadas Minister of Human Resources and Skills Development under the Canada Student Financial Assistance Regulations
that the injury or disease, or the aggravation of the injury or disease, no longer precludes the borrower from returning to a program of studies; and
(
b) that is 2 years after the day on which the borrowers service on the designated operation ended.
(11) Where it is determined by Canadas Minister of Human Resources and Skills Development under subsection 8(2) or (4) of the Canada Student Financial Assistance Regulations
that the date when the borrower ceases to be a full time student under those regulations will be delayed for the purpose of those regulations, then the borrower will be granted payment free status until 6 months after that date for the purpose of subsections (7) and (10) of these regulations.
(12) Where a determination referred to in subsection (11) is not applicable, a determination by the minister of eligibility in subsections (7) and (10) shall be made on the same basis as if the determination was made under subsection 8(2) or (4) of the Canada Student Financial Assistance Regulations .
(13) Where a borrower under a consolidated loan agreement is granted a period of postponement of repayment by reason of medical leave or parental leave under
section 7.1 of the Canada Student Financial Assistance Regulations , the borrower's provincial student loan shall have payment free status during that period of postponement of repayment.
67/09 s3 ; 36/13 s3 ; 26/19 s4 ; 82/20 s1 ; 22/44 s4
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Rules respecting payment free status
5.3
(1)Where theperiod of study end date shown on a borrowers application under subsection 5.2(3) changes to another date, the borrowers student loan payment free status ends 6 months after the last day of the month of the new period of study end date.
(2) Notwithstanding subsections 5.2(2) and (3) a borrower is not entitled to payment free status on the borrowers student loan where that borrower is in arrears on interest payments on the borrowers student loan.
(3) The minister may terminate a payment free status where
(
a) the borrower to whom that status applies
or the borrowers spouse, parent or sponsor has provided false or misleading information to the minister; or
(
b) the borrower fails to comply with a provision of the Act or regulations made under the Act.
(4) Notwithstanding that the last day of the month of the period of study end date as confirmed by the borrowers educational institution has been reached, the student loan to which it applied retains its payment free status during the period between the previous period of study end date and the last day of the month of the next period of study end date as confirmed by the borrowers educational institution where
(
a) the period between the last day of the month of the previous period of study end date and next period of study start date as confirmed by the borrowers educational institution is less than 6 months; and
(
b) that borrower delivers the borrowers confirmation of enrolment to the minister within the 6 month
period referred to in paragraph (a).
67/09 s4 ; 36/13 s4 ; 44/22 s5
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Notification
5.4
A borrower shall
promptly
notify the lender or service provider of any change in the borrowers
(
a) marital or family status;
(
b) status as a full time
student at an educational institution;
(
c) education costs for a period of study, and
(
d) financial resources
that occurs during the period of study for which the student loan referred to in the student loan agreement is made.
29/04 s3 ; 44/22 s6
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Required provisions
5.5
A student loan agreement made on or after April 1, 2004
shall include provisions that state the following:
(
a) any refund of fees paid to an educational institution by the borrower of
(
i) financial assistance, or
(ii)
funds intended as financial assistance
as provided under the Act shall be paid by the educational institution to the borrower's lender for credit against a student loan received under the Act by the borrower;
(
b) the borrower shall ratify all student loans made to the borrower while the borrower was a minor;
(
c) interest on a student loan is payable before and after a default, acceleration or judgement with respect to that student loan; and
(
d) the borrower shall pay all legal fees incurred by the lender to collect the student loan.
29/04 s3 ; 61/11 s3 ; 44/22 s7
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Amendment to prevent default
5.6
A lender and a borrower may amend the terms of repayment if the borrower notifies the lender that the terms of repayment are such that the borrower will be in default and if the lender considers that an amendment will enable the borrower to meet the borrowers obligations.
36/13 s5 ; 44/22 s8
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Student loan default
5.7
(1)A borrower is in default of the borrowers obligation to repay a student loan if
(a)
[Rep. by 55/20 s2]
(
b) the borrower does not make a regularly scheduled payment and the failure to make the required payment continues for 270 days;
(
c) the borrower becomes subject to or takes advantage of a law relating to bankruptcy and insolvency or seeks relief under a provincial law relating to the orderly payment of debts that includes a student loan.
(2) Where a borrower is in default of the borrowers obligation to repay all or part of the borrowers student loan, the loan is due and payable on the following dates:
(a)
[Rep. by 55/20 s2]
(
b) if the default occurs because the borrower does not make a regularly scheduled payment to repay
the borrowers student loan, on the day on which a regularly scheduled payment has been outstanding for 270 days;
(
c) the date on which the borrower becomes subject to or takes advantage of a law relating to bankruptcy or insolvency or seeks relief under a provincial law relating to the orderly payment of debts that includes a student loan.
36/13 s6 ; 55/20 s2 ; 44/22 s9
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Consolidation and repayment
5.8
(1)A borrower who enters into one or more student loan agreements shall enter into a consolidated loan agreement with the lender after the borrower ceases to be a full time
student.
(2) A consolidated loan agreement shall include the amount and duration of the payments to be made to discharge all outstanding student loans.
(3) If a borrower does not enter into a consolidated loan agreement within 6 months after ceasing to be a full time student, the borrower shall be considered to have entered into a consolidated loan agreement and the lender shall establish the amount and duration of the payments to be made to discharge all outstanding student loans of that borrower unless the borrower subsequently enters into a consolidated loan agreement.
(4) This
section does not apply to a borrower who enters into a student loan agreement after July 31, 2012.
67/09 s5 ; 36/13 s7 ; 26/19 s5 ; 44/22 s10
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Repayment
5.09
A borrower who enters into a student loan agreement after July 31, 2012
shall, within 6 months after ceasing to be a full time student, discharge all outstanding student loans of that borrower in accordance with the repayment terms established by the lender.
36/13 s8 ; 26/19 s6
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Obligation to pay interest
5.9
(1)BeforeAugust 1, 2007,the interest in effect on any day on a student loan owned by the Crown shall be
(
a) the prime rate on that day plus 2.5% yearly; or
(
b) after consolidation of a student loan under
section 5.8 and where
requested by the borrower, the prime rate upon the date that the borrower made the request, plus 5% yearly.
(2) FromAugust 1, 2007
toJuly 31, 2009, the interest rate in effect on any day on a student loan owned by the Crown shall be
(
a) the prime rate on that day yearly; or
(
b) after consolidation of a student loan under
section 5.8 and where
requested by the borrower, the prime rate upon the date that the borrower made the request, plus 2.5% yearly.
(2.1) AfterJuly 31, 2009, the interest rate in effect on any day on a student loan owned by the Crown is 0%.
(3) BeforeAugust 1, 2007,the interest rate on any day on a student loan not owned by the Crown shall be in accordance with the student loan agreement relating to that student loan.
(4) FromAugust 1, 2007
toJuly 31, 2009, the interest rate in effect on any day on a student loan not owned by the Crown shall be
(
a) the prime rate on that day yearly; or
(
b) after consolidation of a student loan under
section 5.8 and where
requested by the borrower, the prime rate upon the date that the borrower made the request, plus 2.5% yearly.
(4.1) AfterJuly 31, 2009, the interest rate in effect on any day on a student loan not owned by the Crown is 0%.
(5) Notwithstanding paragraph 2(g.1), in subsection (4), "prime rate" shall be the prime rate established under the student loan agreement relating to the student loan.
(6) [Rep. by 67/09 s6]
(7) Interest on a student loan shall accrue commencing on the first day of the month following the last day on which the borrower under that student loan ceases to be full time student.
(8) Upon consolidation of a student loan, interest on that loan shall accrue daily and shall be calculated and payable monthly.
(9) Interest accruing on a student loan for 6 months immediately after interest commencement under subsection (7) shall accrue daily and be payable on the first day of the seventh month after interest commencement and where the interest amount is not paid as required, that amount shall be capitalized and form part of the principal owed on that student loan.
(10) Notwithstanding another provision of this section, interest calculated under this
section shall be calculated as simple interest and shall not be compounded.
82/07 s3 ; 67/09 s6 ; 61/11 s4 ; 26/19 s7
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Application to pre-April,
2004 loans
5.10
Section 5.8 and subsection 5.9(1) shall only apply to a student loan owned by the Crown that has not been consolidated or entered into
29/04 s3 ; 26/19 s8
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Revision of terms
5.11
(
a) interest payable shall be calculated based on the prime rate as defined in these regulations;
(
b) the amortization period shall be adjusted as required to ensure that a borrower;s
total monthly payment to repay the borrowers student loan and the borrowers direct loan under the federal Act is not greater than the sum of the borrowers monthly student loan payment and federal direct loan payment immediately before April 1, 2004;
(
c) where a student loan has, immediately beforeApril 1, 2004, a fixed interest rate and the borrower's direct loan under the federal Act has a floating rate, the interest rate applicable to the student loan shall be a floating rate that is the prime rate plus 2.5% yearly;
(
d) where a borrower has a student loan with a fixed interest rate and a direct loan under the federal Act with a fixed interest rate that is lower than the fixed interest rate applicable the borrowers student loan, the interest rate on the borrowers student loan shall be reduced to match the fixed interest rate applicable to the borrowers
direct loan under the federal Act;
(e)
(
f) monthly payments on a student loan shall be due and payable on the last day of each month.
(2) Paragraphs (1)(
b) to (
e) shall apply to a borrowers student loan if that borrower has a direct loan under the federal Act.
(3) In this section, "direct loan" has the same meaning as under the federal Act.
(4) 29/04 s3 ; 26/19 s9 ; 44/22 s11
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Debt reduction grants
(1)A borrower who has
(
a) graduated from a program of study in the province that is not fewer than
(i)
80 weeks in duration, where the
borrower commenced the program of study before August 1, 2025 , or
(ii)
60 weeks in duration,
where the borrower commenced the program of study on or after August 1, 2025 ;
(
b) borrowed more than $165 per week, including assistance under the Act and the federal Act for a period of study;
(
c) in accordance with the standards of the educational institution attended, passed 80% of a full course load in the period of study referred to in paragraph (b); and
(
d) applied for and been considered eligible to receive financial assistance under the Act or the federal Act for not less than 50% of the required length of the borrowers program of study determined by not including time the borrower spent in a work term during which the borrower did not receive financial assistance,
is eligible for a debt reduction grant to reduce the student loan amounts repayable by that borrower .
(2) Notwithstanding paragraph (1)(c), a borrower approved to enrol in less than 80% of a full course load in accordance with subsection 3(2), (3) or (4) of the Student Financial Assistance Administration Regulations
must successfully complete 100% of that course load in order to
qualify for a grant under subsection (1).
(3) Notwithstanding paragraph (1)(a), the minister may determine that a program of study attended outside the province qualifies under this
section for a grant where
(
a) the borrowers program of study was not offered in the province;
(
b) the borrower was enrolled in graduate studies;
(
c) the borrowers program of study differs substantially from any program of study offered in the province;
(
d) the borrower did not meet the minimum entry requirement for the borrowers program of study in the province but met the requirements for substantially the same program outside the province;
(
e) the borrower applied to do the borrowers program of study in the province but was denied entry due to limited spaces in that program;
(
f) the borrower received transfer credits toward advanced standing into the borrowers program of study, resulting in a reduced length of time for that program;
(
g) the borrowers partner has undertaken studies outside the province that qualify the borrowers partner for debt reduction grants under one or more of paragraphs (
a) to (f); or
(
h) for another reason
that the minister considers to be appropriate.
(4) Where
(a)
10 or more years have elapsed since a borrower commenced the borrowers program of study; or
(b)
2 or more years have elapsed since a borrower graduated from the borrowers program of study,
that borrower no longer qualifies for a grant under this section.
105/03 s6 ; 29/04 s4 ; 90/06 s1 ; 26/19 s10 ; 44/22 s12 ; 59/25 s2
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Debt reduction calculation
(1)Where the issuance of a grant under
section 6 is approved, that grant shall
(
a) for a borrower who has passed a full course load, be equal to the amount borrowed that is in excess of
the amount referred to in paragraph 6(1)(b); and
(
b) for a borrower who passes 80% of the borrowers full course load, be equal to 50% of the amount borrowed that is in excess of
the amount referred to in paragraph 6(1)(b),
and shall be applied directly against the borrowers student loan received by way of financial assistance under the Act and these regulations.
(2) Notwithstanding subsection (1), where the balance owed on a borrower's student loan is less than the amount of a grant to which the borrower is entitled, the remaining balance of the grant shall be paid to the borrower.
(3) Where a borrower entered into a student loan agreement on or before July 31, 2012, a grant to a borrower shall not exceed the principal amount of the borrowers student loan at the time of its consolidation.
(3.1) Where a borrower enters into a student loan agreement after July 31, 2012, a grant to a borrower shall not exceed the principal amount of the borrowers student loan at the time the repayment terms are established by the lender.
(4) Notwithstanding another provision of this section, the grant issued to a borrower
(
a) before August 1, 2005
shall not exceed $110 per week of study;
(
b) between August 1, 2005
and July 31, 2007 shall not exceed $140 per week of study;
(
c) between August 1, 2007
and July 31, 2009 shall not exceed $70 per week of study; and
(
d) on or after August 1, 2009
shall not exceed $60 per week of study.
(5) Notwithstanding another provision of this section, a borrower who graduated between August 1, 2002
and August 1, 2004 shall receive the greater of the benefit to which they were entitled under this
section or
section 8 during that period.
105/03 s7 ; 29/04 s4 ; 61/11 s5 ; 36/13 s9 ; 26/19 s11 ; 44/22 s13
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Student loan remission
(1)Until July 31, 2004, a borrower may apply to the minister for student loan remission to reduce the amount of the borrowers student loan that is to be repaid.
(2) An application made under subsection (1) shall be made not more than 12 months after the borrower has graduated from the borrowers program of study.
(3) A borrower may qualify for student loan remission under this
section where h the borrower
(
a) has graduated from a program of study offered by an educational institution that is not fewer than 80 weeks in duration; and
(
b) has graduated from a program of study within the time normally specified for the completion of that program plus one academic year; and
(
c) has a combined debt load that exceeds the minimum debt threshold that is the greater of
(i)
$22,016 for a program of study of 128 or fewer weeks, or
(ii)
$172 per week times the total number of borrowing weeks for a program of study that is more than 128 weeks; and
(
d) has completed the borrowers program of study in the province.
(4) Notwithstanding paragraph (3)(d), where a borrower completed the borrowers program of study outside the province, the minister may determine that the borrower qualifies for student loan remission if
(
a) one or more of paragraphs 6(3)(a), (b), (c), (d), (
e) and (
h) apply to that borrower; or
(
b) the borrowers partner undertook studies outside the province and qualified for student loan remission.
105/03 s8 ; 29/04 s4 ; 44/22 s14
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Early childhood education grants
(1)A borrower who
(
a) has graduated from an early childhood education program offered in the province; and
(
b) has completed the program referred to in paragraph (
a) within the time scheduled by the institution attended for that program, plus one academic year;
(
c) has borrowed more than $165 per week, including financial assistance under the Act and the federal Act, for the period of study pertaining to the approved early childhood education program; and
(
d) is employed as an early childhood educator, at the time
(
i) of its consolidation, where the borrower entered into a student loan agreement on or before July 31, 2012; or
(ii)
the repayment terms are established by the lender, where the borrower entered into a student loan agreement after July 31, 2012
is eligible for an early childhood education grant to reduce the student loan amounts payable by that borrower.
(2) Where the issuance of a grant in accordance with this
section is approved, that grant shall be applied directly against the borrowers student loan received by way of financial assistance under the Act and these regulations.
(3) Notwithstanding subsection (1), where the balance owed on the borrowers student loan received by way of financial assistance is less than the amount of the grant to which the borrower is entitled, the remaining balance of the grant shall be paid to the borrower.
(4) A grant received under this
section shall not exceed the principal amount of the student loan owing by the borrower at the time
(
a) of its consolidation, where the borrower entered into a student loan agreement on or before July 31, 2012; or
(
b) the repayment terms are established by the lender, where the borrower entered into a student loan agreement after July 31, 2012.
(5) Where a borrower has received an overaward of financial assistance under the Act, that overaward shall be deducted from grant amounts awarded under this section.
105/03 s9 ; 29/04 s5 ; 36/13 s10 ; 44/22 s15
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Repayment assistance
(1)In this
section
(a)
(Canada) or the Canada Student Loans Act
(Canada );
(b)
"monthly affordable payment" means the amount that a borrower can reasonably afford to pay on all of
the borrowers federal and provincial student loans on a monthly basis, as determined under
Part V of the Canada Student Financial Assistance Regulations ;
(c)
"monthly required payment" means the amount that a borrower would be required to pay on all
the borrowers federal and provincial student loans on a monthly basis as determined under
Part V of the Canada Student Financial Assistance Regulations ;
(d)
"provincial portion" means, in
relation to the monthly required payment or the monthly affordable payment,
the portion of the payment of all of the borrower's federal student loan and provincial student loan that is equal to the provincial student loan; and
(e)
"provincial student loan" means a student loan made under the Act.
(2) Where a borrower under a consolidated loan agreement is approved for repayment assistance under
Part V of the Canada Student Financial Assistance Regulations , the borrower shall be entitled to repayment assistance in relation to the provincial portion.
(3) Part V of the Canada Student Financial Assistance Regulations
shall apply, with the necessary changes, to repayment assistance in relation to the provincial portion under subsection (2).
30/12 s1 ; 55/20 s3 ; 44/22 s16
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Rep. by 55/20 s4
10.1
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.2
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.3
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.4
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.5
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.6
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.7
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.8
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.9
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.10
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.11
[Rep. by 55/20 s4]
55/20 s4
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Rep. by 55/20 s4
10.12
[Rep. by 55/20 s4]
55/20 s4
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Deferred bursary
Where a borrower qualified for a deferred grant under
section 9 of the Student Allowances Regulations
that grant shall not be available to that borrower after July 31, 2004 .
105/03 s11
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Loan forgiveness due to permanent disability or death
(1)In this section, "permanent disability" means a functional limitation caused by a physical or mental impairment that restricts the ability of a person to perform the daily activities necessary to participate in studies at a post-secondary school level or the labour force and is expected to remain with the person for the person's expected life.
(2) For the period June 29, 2005
to July 31, 2009 where a borrower
(
a) becomes permanently disabled; or
(
b) dies
that borrower or borrower's executor or administrator may apply to the minister to have the borrower's student loan forgiven before full repayment of the student loan.
(3) The minister may, where the minister considers it to be appropriate and upon the advice of the division, forgive the repayment of a student loan by a borrower referred to in subsection (2).
(4) Notwithstanding subsection (2), where the minister becomes aware that a borrower has died, the minister may forgive the student loan of that borrower before full repayment of that loan whether or not
an application has been made by the borrowers executor or administrator under subsection (2).
(5) A decision made by the minister under this
section is not eligible for review or appeal.
(6) The minister may, for the purpose of making a determination
under this
section require the expertise and opinion of a medical practitioner to review documentation submitted with respect to an application and to determine the nature and extent of the applicants disability.
(7) Where it is determined by Canadas Minister of Human Resources and Skills Development under the Canada Student Financial Assistance Regulations
and the Canada Student Loans Regulations
that the borrower meets the requirements for permanent disability, that borrower will be granted loan forgiveness under this section.
(8) Where a determination referred to in subsection (7) is not applicable, a determination by the minister that the borrower meets the requirements for permanent disability shall be made on the same basis as if the determination was made under the Canadian Student Financial Assistance Regulations
and the Canada Student Loans Regulations
and that the borrower will be granted loan forgiveness .
(9) If a student loan is forgiven under this section, the minister shall in a case where the loan is
(
a) not owned by the Crown, pay the full amount, principal and interest, outstanding on the loan; and
(
b) owned by the Crown, forgive the full amount, principal and interest, outstanding on the loan.
30/12 s2 ; 26/19 s15 ; 55/20 s5
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Loan forgiveness due to severe permanent disability or death
12.01
(1) In this section, "severe permanent disability" means
a functional limitation caused by a physical or mental impairment that prevents a person from performing the daily activities necessary to participate in substantially gainful employment, as defined in
section 68.1 of the Canada Pension Plan Regulations , and
is expected to remain with the person for the persons expected life.
(2) Effective August 1, 2009, where a borrower
(
a) becomes severely permanently disabled; or
(
b) dies
that borrower or borrower's executor or administrator may apply to the minister to have the borrower's student loan forgiven before full repayment of the student loan.
(3) The minister may, where the minister considers it to be appropriate and upon the advice of the division, forgive the repayment of a student loan by a borrower referred to in subsection (2).
(4) Notwithstanding subsection (2) where the minister becomes aware that a borrower has died, the minister may forgive the student loan of that borrower before full repayment of that loan whether or not
an application has been made by the borrower's executor or administrator under subsection (2).
(5) A decision made by the minister under this
section is not eligible for review or appeal.
(6) The minister may, for the purpose of making a determination
under this
section require the expertise and opinion of a medical practitioner to review documentation submitted with respect to an application and to determine the nature and extent of the applicants disability.
(7) Where it is determined by Canadas Minister of Human Resources and Skills Development under the Canada Student Financial Assistance Regulations
and the Canada Student Loans Regulations
that the borrower meets the requirements for severe permanent disability, that borrower will be granted loan forgiveness under this section.
(8) Where a determination referred to in subsection (7) is not applicable, a determination by the minister that the borrower meets the requirements for severe permanent disability shall be made on the same basis as if the determination was made under the Canada Student Financial Assistance Regulations
and the Canada Student Loans Regulations
and that borrower will be granted loan forgiveness .
(9) A borrower who has a severe permanent disability may have the borrower's loan forgiven where the borrower meets the following criteria:
(
a) the borrower is a Canadian citizen or is a permanent resident within the meaning of the Immigration and Refugee Protection Act
(Canada );
(
b) the borrower resides in Canada;
(
c) the borrower submits an application
to the minister for the severe permanent disability benefit; and
(
d) the borrower satisfies the minister that by reason of severe permanent disability, the borrower is unable to repay the student loan and will never be able to do so.
(10) If a student loan is forgiven under this section, the minister shall in a case where the loan is
(
a) not owned by the Crown, pay the full amount, principal and interest, outstanding on the loan; and
(
b) owned by the Crown, forgive the full amount, principal and interest, outstanding on the loan.
30/12 s3 ; 26/19 s16 ; 55/20 s5 ; 44/22 s17
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Debts collected by subrogation or under Act
12.1
(1)Notwithstanding the interest rate applicable to a student loan under the terms of the student loan agreement, fromAugust 1, 2007
toJuly 31, 2009the interest rate in effect on any day for a debt owed to the Crown as a resultof the Crown fulfilling the obligations of a borrower under that student loan agreement, shall be
(
a) the prime rate on that day yearly; or
(
b) after consolidation of a student loan under
section 5.8 and where
requested by the borrower, the prime rate upon the date that the borrower made the request, plus 2.5% yearly.
(2) Notwithstanding the interest rate applicable to a student loan under the terms of the student loan agreement, afterJuly 31, 2009
the interest rate in effect on any day for a debt owed to the Crown as a result of the Crown fulfilling the obligations of a borrower under that student loan agreement, shall be 0%.
(3) Notwithstanding paragraph 2(g.1), in subsection (1), "prime rate" shall be the prime rate established under the student loan agreement relating to the student loan.
(4) Subsections (1) and (2) shall not apply to debts owed to the Crown as a result of
a judgment of the court.
67/09 s8 ; 26/19 s17
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Commencement
These regulations shall be considered to have come into force on August 1, 2002 .
105/03 s13
Schedule - [Rep. by 30/12 s4]
30/12 s4
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