NEWFOUNDLAND AND LABRADOR REGULATION 55/20

NLR 105/03
as amended

1. (1) Section 4 of the Student Financial Assistance Regulations is amended by adding immediately after subsection (4) the following:

(4.1) Notwithstanding subsection (4), for the year commencing August 1, 2020 and ending July 31, 2021, financial assistance issued to a qualifying student shall be issued in the manner and amounts as follows:

(a) first, an amount of not more than $100 per week of a period of study in student loan; and

(b) second,

(i) an amount of not more than $100 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 $125 per week of a period of study in a non repayable grant; and

(c) third, 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.

(2) Section 4 of the regulations is amended by adding immediately after subsection (5) the following:

(6) Notwithstanding subsections (4), (4.1) and (5), for the year commencing August 1, 2020 and ending July 31, 2021, 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 $200 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;

(d) the qualifying student does not meet the minimum entry requirement for his or her 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 his or her 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 his or her program of study, resulting in a reduced length of time for that program;

(g) the qualifying student's partner has undertaken studies outside the province and he or she 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.

2. (1) Paragraph 5.7(1)(a) of the regulations is repealed.

(2) Paragraph 5.7(1)(b) of the regulations is repealed and the following substituted:

(b) he or she does not make a regularly scheduled payment and the failure to make the required payment continues for 270 days; or

(3) Paragraph 5.7(2)(a) of the regulations is repealed.

(4) Paragraph 5.7(2)(b) of the regulations is repealed and the following substituted:

(b) if the default occurs because the borrower does not make a regularly scheduled payment to repay his or her student loan, on the day on which a regularly scheduled payment has been outstanding for 270 days; or

3. Section 10 of the regulations is repealed and the following substituted:

Repayment assistance

10. (1) In this section

(a) "federal student loan" means a loan made by the Government of Canada under the Canada Student Financial Assistance Act (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 his or her 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 his or her 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).

4. Sections 10.1 to 10.12 of the regulations are repealed.

5. Subsection 12.01(1) of the regulations is repealed and the following substituted:

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 borrower 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 his or her expected life.

Commencement

6. (1) Sections 1, 2, 3, and 4 come into force on August 1, 2020.

(2) Section 5 shall be considered to have come into force on August 1, 2019.