NEWFOUNDLAND AND LABRADOR REGULATION 45/22

NLR 106/03
as amended

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

(2) Section 2 of the regulations is amended by adding immediately after paragraph (g) the following:

(g.1) "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;

(g.2) "persistent or prolonged disability" means a functional limitation caused by a physical, mental, intellectual, cognitive, learning, communication or sensory impairment that restricts the ability of a person to perform the daily activities necessary to pursue studies at a post-secondary school level or to participate in the labour force and has lasted, or is expected to last, for a period of at least 12 months;

2. (1) Section 3 of the regulations is amended by

(a) deleting the words "he or she" wherever they appear and substituting the words "the person";

(b) deleting the words "him or her" wherever they appear and substituting the words "the person"; and

(2) Subsection 3(4) of the regulations is repealed and the following substituted:

(4) Notwithstanding subsection (2), a person who meets the criteria under subsection (1) and is enrolled in at least 40% of a full course load may receive financial assistance where, upon application to the division, it is demonstrated that the person has

(a) a permanent disability; or

(b) a persistent or prolonged disability.

3. (1) Subsection 4(1) of the regulations is repealed and the following substituted:

Maintaining and duration of eligibility

4. (1) A person who may receive financial assistance under these regulations shall maintain that eligibility where

(a) the person successfully completes 80% of a full course load during a period of study; or

(b) the person is eligible for financial assistance under subsection 3(3) or (4), the person successfully completes all courses in which the person is registered during the period of study.

(2) Subsection 4(5) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

4. Section 5 of the regulations is repealed and the following substituted:

Program change

5. (1) A person who changes the person's program of study may maintain eligibility for financial assistance where that change occurs before

(a) the start of the fifth semester in that program, or

(b) the mid point of that program,

whichever occurs first.

(2) Where a person changes the person's program of study after the time referred to in subsection (1) that person may maintain eligibility for financial assistance where the minister determines that the new program is an academic progression or has good labour market prospects and does not leave that person with an unmanageable amount of financial assistance debt.

5. (1) Section 8 of the regulations is amended by

(a) deleting the words "he or she" wherever they appear and substituting the words "the person"; and

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

(2) Paragraph 8(3)(c) of the regulations is repealed and the following substituted:

(c) the person is cohabiting in a conjugal relationship with another person and during that relationship they became the natural or adoptive parents of a child.

6. Section 9 of the regulations is amended by

(a) deleting the words "he or she" wherever they appear and substituting the words "the student"; and

(b) deleting the words "his or her" wherever they appear and substituting the words "the student's".

7. Subsection 10(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

8. (1) Section 14 of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

(2) Paragraph 14(1)(c) of the regulations is amended by deleting the words "his or her" and substituting the word "the".

9. (1) Subsection 15(1) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".

(2) Section 15 of the regulations is amended by deleting the words "him or her" wherever they appear and substituting the words "the person".

10. Subsection 16(1) of the regulations is amended by

(a) deleting the words "he or she" wherever they appear and substituting the words "the person"; and

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

11. (1) Subsection 18(6) of the regulations is amended by deleting the words "he or she" and substituting the words "the member".

(2) Subsection 18(7) of the regulations is amended by deleting the words "he or she is replacing" and substituting the words "being replaced".

12. Subsection 19(1) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".

13. Section 24 of the regulations is amended by deleting the words "him or her" and substituting the words "the person".

14. Subsection 25(3) of the regulations is repealed and the following substituted:

(3) A person who makes an appeal to the appeal board has the right

(a) to be present;

(b) to be present with representation; or

at the hearing of the matter under appeal.

15. Section 26.1 of the regulations is amended by deleting the words "him or her" and substituting the words "the borrower".

16. These regulations come into force on August 1, 2022.