NEWFOUNDLAND AND LABRADOR
REGULATION 44/22

Student Financial Assistance Regulations (Amendment)
under the
Student Financial Assistance Act, 2019
(O.C. 2022- 186)

(Filed July 28, 2022)

Under the authority of section 15 of the Student Financial Assistance Act, 2019, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, July 28, 2022.

Krista Quinlan
Clerk of the Executive Council

REGULATIONS

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.4 R&S
Amount of financial assistance

        3.   S.5 Amdt.
Granting of financial assistance

        4.   S.5.2 Amdt.
Payment free status

        5.   S.5.3 Amdt.
Rules respecting payment free status

        6.   S.5.4 Amdt.
Notification

        7.   S.5.5 Amdt.
Required provisions

        8.   S.5.6 Amdt.
Amendment to prevent default

        9.   S.5.7 Amdt.
Student loan default

      10.   S.5.8 Amdt.
Consolidation and repayment

      11.   S.5.11 Amdt.
Revision of terms

      12.   S.6 Amdt.
Debt reduction grants

      13.   S.7 Amdt.
Debt reduction calculation

      14.   S.8 Amdt.
Student loan remission

      15.   S.9 Amdt.
Early childhood education grants

      16.   S.10 Amdt.
Repayment assistance

      17.   S.12.01 Amdt.
Loan forgiveness due to severe permanent disability or death

      18.   Commencement

NLR 105/03
as amended

        1. (1) Paragraph 2(d) of the Student Financial Assistance Regulations is amended by deleting the words "his or her" and substituting the words "the person's".

             (2)  Paragraph 2(e) of the regulations is repealed and the following substituted:

             (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;

 

             (3)  Subparagraph 2(f)(iii) of the regulations is amended by deleting the words "his or her" and substituting the words "the borrower's".

 

        2. Section 4 of the Student Financial Assistance Regulations is repealed and the following substituted:

Amount of financial assistance

        4. (1) Financial assistance shall not be issued in an amount that is less than $67.

             (2)  For the year commencing August 1, 2022, 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 $345 per course in a non-repayable Memorial University Tuition Relief Grant;

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

             (c)  third,

                      (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

             (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), for the year commencing August 1, 2022, 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;

             (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.

 

        3. (1) Subsection 5(1) of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

             (2)  Paragraph 5(1)(b) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".

 

        4. (1) Section 5.2 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the borrower's".

             (2)  Subsection 5.2(8) of the regulations is amended by deleting the words "he or she" and substituting the words "the borrower".

 

        5. Section 5.3 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the borrower's".

 

        6. Section 5.4 of the regulations is amended by deleting the words "his or her" and substituting the words "the borrower's". 

 

        7. Paragraph 5.5(b) of the regulations is amended by

             (a)  deleting the words "him or her" and substituting the words "the borrower"; and

             (b)  deleting the words "he or she" and substituting the words "the borrower".

 

        8. Section 5.6 of the regulations is amended by

             (a)  deleting the words "he or she" and substituting the words "the borrower"; and

             (b)  deleting the words "his or her" and substituting the words "the borrower's".

 

        9. (1) Section 5.7 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the borrower's".

             (2)  Paragraph 5.7(1)(b) of the regulations is amended by deleting the words "he or she" and substituting the words "the borrower".

 

      10. Subsection 5.8(3) of the regulations is amended by deleting the words "he or she" and substituting the words "the borrower".

 

      11. Section 5.11 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the borrower's". 

 

      12. (1) Section 6 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the borrower's".

             (2)  Paragraph 6(1)(d) of the regulations is amended by deleting the words "he or she" and substituting the words "the borrower".

             (3)  Subsection 6(2) of the regulations is amended by adding a period at the end of the subsection.

             (4)  Paragraph 6(3)(g) of the regulations is amended by deleting the words "him or her" and substituting the words "the borrower's partner".

 

      13. (1) Section 7 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the borrower's".

             (2)  Subsection 7(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the borrower".  

 

      14. Section 8 of the regulations is amended by

             (a)  deleting the words "his or her" wherever they appear and substituting the words "the borrower's"; and

             (b)  deleting the words "he or she" wherever they appear and substituting the words "the borrower".

 

      15. Subsection 9(3) of the regulations is amended by deleting the words "he or she" and substituting the words "the borrower". 

 

      16. Subsection 10(1) of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the borrower's". 

 

      17. (1) Subsection 12.01(1) of the regulations is amended by

             (a)  deleting the word "borrower" and substituting the word "person"; and

             (b)  deleting the words "his or her" and substituting the words "the person's".

             (2)  Subsection 12.01(9) of the regulations is repealed and the following substituted:

             (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.

Commencement

      18. These regulations shall come into force on August 1, 2022.

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