NEWFOUNDLAND AND LABRADOR REGULATION 105/03

Short title

1. These regulations may be cited as the Student Financial Assistance Regulations.

Definitions

2. In these regulations

(a) "Act", unless the context indicates otherwise, means the Student Financial Assistance Act;

(b) "division" means the Student Financial Services Division of the department;

(c) "financial assistance" means a loan or other form of assistance given to a person by a lender under the Act to assist in covering the costs associated with enrolment at an educational institution;

(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 his or her 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;

(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 his or her 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; and

(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.

Educational institution designation

3. (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

(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;

(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 department;

(f) have a default prevention plan that is acceptable to the department;

(g) adhere to all specified administrative requirements of the department; 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.

Amount of assistance on certificate

4. (1) A certificate of eligibility for financial assistance shall not be issued in an amount that is less than $67.

(2) The maximum amount of financial assistance that may be issued to a qualifying student shall be $110 per week of a period of study.

(3) Notwithstanding subsection (2), a student enrolled in medical school at Memorial University of Newfoundland may qualify for $200 per week during a period of study.

Consolidation and repayment

5. (1) All student loans received as financial assistance shall be consolidated not more than 6 months after the borrower ceases to qualify as a full time student.

(2) Once a borrower's student loans are consolidated, he or she shall commence repaying the consolidated loan in accordance with the terms and conditions applicable to that consolidated loan.

(3) Interest on a loan to a borrower shall commence being payable by that borrower on the first day of the month following the last day on which that borrower ceases to be a full time student.

Debt reduction grants

6. (1) A borrower who has

(a) graduated from a program of study in the province that is not fewer than 80 weeks in duration; and

(b) borrowed more than $165 per week, including assistance under the Act and the federal Act for a period of study; and

(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 by way of a loan for not less than 50% of the required length of his or her post secondary program,

is eligible for a debt reduction grant to reduce the 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 borrower's program of study was not offered in the province;

(b) the borrower was enrolled in graduate studies;

(d) the borrower did not meet the minimum entry requirement for his or her program of study in the province but met the requirements for substantially the same program outside the province;

(e) the borrower 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 borrower 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 borrower's partner has undertaken studies outside the province that qualify him or her for debt reduction grants under one or more of paragraphs (a) to (f); and

(h) for another reason that the minister considers to be appropriate.

(4) Where

(a) 10 or more years have elapsed since a borrower commenced his or her program of study; or

(b) 2 or more years have elapsed since a borrower graduated from his or her program of study,

that borrower no longer qualifies for a grant under this section.

Debt reduction calculation

7. (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 his or her 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 borrower's 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 loan is less than the amount of a grant to which he or she is entitled, the remaining balance of the grant shall be paid to the borrower.

(3) A grant to a borrower shall not exceed the principal amount of his or her loan at the time of its consolidation.

Loan remission

8. (1) Until July 31, 2004, a borrower may apply to the minister for loan remission to reduce the amount of his or her loan that is to be repaid.

(2) An application made under subsection (1) shall be made not more than 12 months after he or she has graduated from his or her program of study.

(3) A borrower may qualify for loan remission under this section where he or she

(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

(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 his or her program of study in the province.

(4) Notwithstanding paragraph (3)(d), where a borrower completed his or her program of study outside the province, the minister may determine that the borrower qualifies for loan remission if

(a) one or more of paragraphs 6(3)(a), (b), (c), (d), (e) and (h) apply to that borrower; or

(b) his or her partner undertook studies outside the province and qualified for loan remission.

Early childhood education grants

9. (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, at the time of the consolidation of his or her loans, employed as an early childhood educator,

is eligible for an early childhood education grant to reduce the 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 borrower's loan received by way of financial assistance under the Act and these regulations.

(3) Notwithstanding subsection (1), where the balance owed on the borrower's loan received by way of financial assistance is less than the amount of the grant to which he or she 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 balance of the student loan owing by the borrower at the time of its consolidation.

(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.

Interest relief

10. (1) Where a borrower is required, on a monthly basis, to repay his or her loan received as financial assistance and he or she has difficulty making those payments, that borrower may apply for interest relief to the minister, in the form that the minister may require.

(2) The minister shall consider gross family income, financial assets and monthly student loan payments of a borrower under the Act and the federal Act where he or she is determining eligibility for interest relief and that relief shall be in accordance with the Schedule attached to these regulations.

(3) Interest relief under this section shall be available to the borrower for not more than 30 months over the duration of the repayment schedule of his or her loan.

(4) Notwithstanding subsection (3), the minister may allow an additional 24 months of interest relief within the first 5 years of repayment of the borrower's loan.

Deferred bursary

11. 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.

Loan forgiveness due to disability

12. (1) A borrower may, in the form required by the minister, apply to the minister to have his or her student financial assistance removed from active recovery because he or she has a permanent disability that was acquired after the first day of his or her first period of study for which he received financial assistance and that makes repayment of that loan impossible.

(2) The minister may, where he or she considers it to be appropriate, and upon the advice of the division, forgive the repayment of a student loan by a borrower who makes an application under subsection (1).

(3) A decision made by the minister under this section is not eligible for review or appeal.

(4) 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 applicant's disability.

(5) In this section a permanent disability is a functional limitation caused by a physical or mental impairment that restricts the ability of that person to perform the daily activities necessary to participate in studies at a post secondary school level or the labour force and that limitation is expected to remain with the person for his or her expected life.

Commencement

13. These regulations shall be considered to have come into force on August 1, 2002.

Schedule

Max. Gross Family Income (monthly) for Interest Relief Eligibility
Monthly payment up to $	Family Size
	1	2	3	4	5	6	7	8	9	10
50	1500	2339	3006	3541	4032	4484	4889	5229	5510	5722
75	1533	2379	3042	3579	4073	4526	4934	5274	5557	5771
100	1566	2420	3078	3617	4113	4569	4978	5321	5604	5820
125	1599	2451	3115	3655	4153	4612	5023	5368	5653	5870
150	1635	2482	3152	3693	4194	4655	5069	5415	5702	5920
175	1671	2514	3187	3731	4235	4698	5114	5472	5751	5970
200	1705	2549	3225	3770	4276	4741	5159	5519	5800	6021
225	1741	2584	3263	3809	4317	4784	5204	5565	5850	6072
250	1777	2619	3300	3849	4358	4827	5249	5612	5900	6123
275	1813	2655	3339	3889	4400	4870	5295	5658	5950	6174
300	1849	2690	3379	3929	4442	4914	5342	5705	6000	6225
325	1885	2725	3418	3969	4484	4958	5389	5752	6050	6277
350	1923	2761	3457	4009	4525	5002	5438	5800	6100	6329
375	1962	2796	3496	4049	4567	5046	5485	5850	6151	6381
400	2000	2831	3536	4090	4610	5091	5533	5900	6202	6433
425	2039	2866	3575	4130	4653	5136	5580	5950	6253	6486
450	2078	2900	3614	4170	4696	5182	5628	6000	6304	6539
475	2117	2936	3654	4210	4740	5227	5676	6050	6356	6592
500	2157	2972	3693	4251	4783	5273	5725	6100	6408	6646
525	2197	3008	3732	4292	4827	5319	5774	6151	6460	6700
550	2239	3044	3771	4333	4871	5365	5823	6202	6513	6754
575	2281	3080	3811	4374	4915	5412	5872	6253	6566	6808
600	2324	3116	3850	4416	4959	5459	5921	6304	6619	6863
625	2367	3152	3889	4458	5003	5507	5970	6355	6672	6918
650	2411	3188	3929	4500	5048	5554	6020	6407	6726	6973
675	2441	3225	3968	4542	5093	5602	6070	6459	6780	7028
700	2470	3262	4007	4585	5138	5651	6120	6511	6834	7084
725	2500	3300	4046	4627	5184	5700	6170	6563	6888	7140
750	2535	3337	4086	4670	5230	5750	6221	6615	6943	7196
775	2570	3375	4125	4712	5275	5800	6272	6668	6998	7253
800	2605	3413	4164	4756	5321	5850	6323	6721	7053	7310
825	2640	3452	4204	4800	5368	5900	6374	6775	7109	7367
850	2675	3491	4243	4844	5415	5950	6425	6829	7165	7434
875	2710	3529	4282	4888	5462	6000	6476	6883	7221	7491
900	2745	3565	4321	4932	5510	6051	6527	6938	7277	7549
925	2780	3601	4361	4976	5558	6102	6579	6993	7333	7607
950	2816	3639	4400	5020	5606	6153	6631	7048	7390	7665
975	2852	3678	4439	5064	5654	6205	6683	7103	7447	7724
1000	2888	3717	4479	5108	5702	6257	6735	7158	7504	7783