NEWFOUNDLAND AND LABRADOR
REGULATION 56/20

Student Financial Assistance Administration Regulations (Amendment)
under the
Student Financial Assistance Act, 2019

(Filed July 31, 2020)

Under the authority of section 14 of the Student Financial Assistance Act, 2019, I make the following regulations.

Dated at St. John's, July 31, 2020.

Christopher Mitchelmore
Minister of Advanced Education, Skills and Labour

REGULATIONS

Analysis

        1.   S.3 Amdt.
Financial assistance eligibility

        2.   S.9 Amdt.
Residency

        3.   S.12 Amdt.
Pre-study contribution

        4.   S.13 Amdt.
Study period contribution

        5.   Commencement

NLR 106/03
as amended

        1. (1) Paragraphs 3(1)(f) and (f.1) of the Student Financial Assistance Administration Regulations are repealed and the following substituted:

             (f)   the person 

                      (i)  does not owe money to the Crown related to a student loan for which a judgment has not been obtained or is not in arrears on previous student loans under the federal Act, the Act, the Student Financial Assistance Act or the Student Assistance Act,  for which a judgment has not been obtained, or

                     (ii)  is not in default of his or her obligation to repay a student loan to the Crown for which a judgment has not been obtained, as determined in accordance with section 5.7 of the Student Financial Assistance Regulations,  unless the person has brought his or her student loan into good standing by making the equivalent of two monthly payments in accordance with a repayment arrangement approved by the minister and all interest accrued to a day in accordance with section 5.9 of the Student Financial Assistance Regulations has been paid in full or capitalized, or, in a case where a judgment has been obtained, the judgment has been released;

          (f.1)  the person

                      (i)  does not owe money related to a student loan, for which a judgment has not been obtained, that is not owned by the Crown, or

                     (ii)  is not in default of his or her obligation to repay a student loan to a lender other than the Crown for which a judgment has not been obtained, as determined in accordance with section 5.7 of the Student Financial Assistance Regulations, unless the person has brought the student loan into good standing by making the equivalent of two monthly payments in accordance with a repayment arrangement approved by the lender and all interest accrued to a day in accordance with section 5.9 of the Student Financial Assistance Regulations has been paid in full or capitalized, or, in a case where a judgment has been obtained, the judgment has been released; 

             (2)  Paragraph 3(1)(i) of the regulations is repealed and the following substituted:

              (i)  where the person was issued a student loan in respect of a period of study and all amounts due with respect to that loan have been paid in full or the person was granted repayment assistance under the second stage in accordance with Part V of the Canada Student Financial Assistance Regulations in respect of the previous loan made under the Act. 

 

        2. Section 9 of the regulations is amended by adding immediately after subsection (8) the following:

             (9)  A student who

             (a)  is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act (Canada) or a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act (Canada);

             (b)  lives in the province; and

             (c)  has lived in no other province for more than 12 consecutive months since arriving in Canada

may be considered a resident of the province for the purpose of receiving financial assistance.

 

        3. Section 12 of the regulations is amended by adding immediately after subsection (4) the following:

             (5)  Notwithstanding anything in this section, for the year commencing August 1, 2020 and ending July 31, 2021, a person's gross income for the purpose of calculating the resource contributed under subsection (2) shall not include

             (a)  employment income;

             (b)  employment insurance benefits;

             (c)  Registered Education Savings Plan income; and

             (d)  investment income.

 

        4. Section 13 of the regulations is amended by adding immediately after subsection (3) the following:

             (4)  Notwithstanding anything in this section, for the year commencing August 1, 2020 and ending July 31, 2021, a qualifying student's gross income for the purpose of calculating the resource contribution under subsection (3) shall not include

             (a)  employment income;

             (b)  employment insurance benefits;

             (c)  Registered Education Savings Plan income; and

             (d)  investment income.

Commencement

        5. These regulations come into force on August 1, 2020.

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