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Newfoundland and Labrador
Regulation 2003


NEWFOUNDLAND AND LABRADOR REGULATION 106/03

NEWFOUNDLAND AND LABRADOR
REGULATION 106/03

Student Financial Assistance Administration Regulations
under the
Student Financial Assistance Act

(Filed September 8, 2003)

Under the authority of section 15 of the Student Financial Assistance Act, I make the following regulations.

Dated at St. Johnís, August 21, 2003

Anna Thistle
Minister of Youth Services and Post Secondary Education

REGULATIONS

Analysis


††††††† 1. Short title

††††††† 2. Definitions

††††††† 3. Financial assistance eligibility

††††††† 4. Maintaining and duration of eligibility

††††††† 5. Program change

††††††† 6. Work terms

††††††† 7. Application

††††††† 8. Student category

††††††† 9. Residency

††††† 10. Need assessment

††††† 11. Parental contribution

††††† 12. Pre-study contribution

††††† 13. Study period contribution

††††† 14. Reassessment

††††† 15. Overaward

††††† 16. Term without assistance

††††† 17. Certificate of eligibility

††††† 18. Appeal board

††††† 19. Financial assistance review and appeal

††††† 20. Financial assistance appeal

††††† 21. Time limitation

††††† 22. Additional review and appeal

††††† 23. Appeal to board

††††† 24. Deemed receipt

††††† 25. Board decision

††††† 26. Fees and charges

††††† 27. Commencement


Short title

††††††† 1. These regulations may be cited as the Student Financial Assistance Administration 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)"end date" means the end date of a period of study established in accordance with section 17;

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

†††††††††††† (e)"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;

††††††††††††† (f)"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);

†††††††††††† (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;

†††††††††††† (h)"pre-study period" means the period of time of not fewer than 3 and not more than 17 weeks immediately before a qualifying student commences a period of study during which time that student is not considered to be enrolled in a secondary or post secondary educational program; and

††††††††††††† (i)"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.

Financial assistance eligibility

††††††† 3. (1) A person may apply to the minister for financial assistance and the minister may grant financial assistance to him or her where it is substantiated that all of the following apply

†††††††††††† (a)the person is a qualifying student;

†††††††††††† (b)the program of study in which the person is or intends to be enrolled leads to a diploma, certificate or degree from an educational institution;

†††††††††††† (c)the program of study in which the person is or intends to be enrolled is not fewer than 12 weeks in length within a period of 15 consecutive weeks;

†††††††††††† (d)the program of study in which the person is or intends to be enrolled is approved by the minister;

†††††††††††† (e)there are insufficient financial resources to meet the personís needs as assessed by the division;

††††††††††††† (f)the person is not in arrears on previous loans under the federal Act, the Act or the Student Assistance Act;

†††††††††††† (g)the person does not owe money with respect to a grant received by him or her under the Student Assistance Act in force immediately before the Act; and

†††††††††††† (h)the person is eligible to receive financial assistance under the federal Act and the Act.

†††††††††††† (2)A person who meets the criteria under subsection (1) may receive financial assistance if he or she is enrolled in at least 80% of a full course load for his or her period of study.

†††††††††††† (3)Notwithstanding subsection (2), a person who meets the criteria under subsection (1) who is enrolled in at least 60% of a full course load for his or her period of study may receive financial assistance where upon application to the division, it is demonstrated that he or she

†††††††††††† (a)is enrolled in at least one university credit course having laboratory time in addition to classroom time and is a single parent with a child under the age of 12 years;

†††††††††††† (b)is a single parent of a child who has special needs and is under the age of 12 years;

†††††††††††† (c)is a single parent of a child under the age of 12 years and has personal circumstances that the division considers merits special consideration; or

†††††††††††† (d)has a personal circumstance that in the opinion of the minister merit special consideration.

†††††††††††† (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 he or she has a functional limitation caused by a physical or mental impairment that restricts his or her ability to perform the daily activities that are necessary to participate in a full course load and which is expected to remain with that person for his or her expected life.

Maintaining and duration of eligibility

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

†††††††††††† (a)successfully completes 80% of a full course load during a period of study; and

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

†††††††††††† (2)A person who does not comply with subsection (1) shall be placed on probation in the manner that the minister may direct and where it is determined that the requirements of that probation have not been met, that person shall not be eligible for financial assistance for at least 12 months after the end of the period of study referred to in paragraph (1)(b).

†††††††††††† (3)Where, upon the expiration of the 12 months referred to in subsection (2), the person does not comply with subsection (1), he or she is not eligible for financial assistance for at least an additional 36 months.

†††††††††††† (4)Notwithstanding another provision of these regulations, the minister may, due to the nature of the personís program of studies, limit the duration for which he or she may receive financial assistance.

†††††††††††† (5)A person who qualifies for financial assistance under the Act may receive that financial assistance, for the scheduled length of his or her program of studies plus one additional period of study.

†††††††††††† (6)For the purpose of subsection (5), the additional period of study shall be not fewer than 6 weeks and not more than 52 weeks in length as determined by criteria that the minister may establish in accordance with the overall length of the studentís program of study.

Program change

††††††† 5. (1) A person who changes his or her program of studies may maintain his or her eligibility for financial assistance where that change occurs before

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

†††††††††††† (b)the mid point of that program,

whichever occurs first.

†††††††††††† (2)Where a person changes his or her program of study after the time referred to in subsection (1) that person may maintain his or her eligibility for financial assistance if, upon application, 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.

Work terms

††††††† 6. A person enrolled in a program of study that requires one or more mandatory work terms shall continue to be considered to be a full time student during those work terms if the educational institution that offers that program of study considers that person to be a full time student.

Application

††††††† 7. (1) In order to be considered to receive a certificate of eligibility for financial assistance, a person who is a qualifying student must apply to the minister by submitting an application for that certificate to the minister in the form, at the place, with the necessary information and within the time that the minister may require.

†††††††††††† (2)Notwithstanding subsection (1), the minister may extend the time by which an application for a certificate of eligibility is to be submitted for a period of study but an application shall not be accepted after the end date for that period of study.

†††††††††††† (3)An application for a certificate of eligibility that does not contain the documentation and information required by the minister shall not be processed.

Student category

††††††† 8. (1) A person shall be considered to be an independent student for the purposes of an application for a certificate of eligibility where one or more of the following apply:

†††††††††††† (a)his or her parents are deceased and there is no other parent, guardian, sponsor or other supporting relative;

†††††††††††† (b)he or she has been working for 2 or more periods of 12 consecutive months each;

†††††††††††† (c)he or she has been out of high school for 4 or more years;

†††††††††††† (d)he or she is a divorced student without children; and

††††††††††††† (f)he or she has been a voluntary participant in the extended Youth Care Program of the Department of Human Resources and Employment.

†††††††††††† (2)A person shall be considered to be a single parent student where he or she is not married and has legal custody of and financial responsibility for supporting his or her child.

†††††††††††† (3)For the purpose of these regulations, a person shall be considered to be a married student where one or more of the following apply:

†††††††††††† (a)he or she is cohabiting with and has cohabited with another person in a conjugal relationship for at least 12 consecutive months or has filed his or her most recent income tax return as that personís common law partner;

†††††††††††† (b)he or she is married; and

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

†††††††††††† (4)Where subsections (1) to (3) do not apply to a person, that person shall be considered to be a dependent student and the income of his or her parents or guardians shall be considered for determining financial need under these regulations.

Residency

††††††† 9. (1) A dependent student shall be considered to be a resident of the province where his or her parents or parent, where one parent is deceased, with whom he or she resides, have lived in the province for at least 12 consecutive months immediately before the start of the program to which the certificate of eligibility applies.

†††††††††††† (2)Where a dependent studentís parents are divorced or separated that studentís place of residence shall be

†††††††††††† (a)the province of residence of the parent with whom that student normally lives; or

†††††††††††† (b)the province of residence of the parent who provides the principle financial support for that student where that student does not reside with either of his or her parents.

†††††††††††† (3)Where a dependent studentís parents move to another province or territory of Canada and that student remains in the province to begin or continue studies at an educational institution in the province not more than 12 months after his or her parentís move, the province shall be that studentís residence.

†††††††††††† (4)Where a dependent studentís parents reside outside of Canada and that student remains in the province to begin or continue studies at an educational institution in the province, the residence of that student is the province or territory of residence of his or her parents for at least 12 consecutive months before leaving Canada.

†††††††††††† (5)An independent student who has lived in the province for 12 or more consecutive months while not a student, immediately before the start of the program to which a certificate of eligibility to receive financial assistance applies shall be considered to be a resident of the province.

†††††††††††† (6)A married student shall be considered to be a resident of the province where the person with whom he or she has been cohabiting in accordance with subsection 8(3) has been employed full time in the province for 12 or more months immediately before the start of the program to which a certificate of eligibility applies to receive financial assistance.

†††††††††††† (7)A single parent who has lived in the province for 12 or more consecutive months immediately before the start of a program to which a certificate of eligibility applies, excluding time spent as a full time student at a post secondary institution, shall be considered to be a resident of this province.

†††††††††††† (8)Where a student becomes a resident of the province as a result of marriage and subsequently becomes a single parent as a result of divorce or the death of his or her spouse, that student shall be considered to be a resident of the province for the purpose of receiving financial assistance until residency is established outside the province.

Need assessment

††††† 10. (1) The minister shall assess the need of a person who applies for a certificate of eligibility to receive financial assistance.

†††††††††††† (2)For the purposes of these regulations, need shall be considered to be the amount by which a personís educational and living expenses as assessed by the minister exceeds his or her financial resources.

†††††††††††† (3)The determination of need shall be used to assess the amount of financial assistance that a person is eligible to receive for a period of study.

†††††††††††† (4)The minister shall establish the

†††††††††††† (a)educational and living expenses; and

†††††††††††† (b)student, parent and spousal resources,

that will be used to determine a personís need.

Parental contribution

††††† 11. (1) In order to assess the need of a dependent student, both parents of that student, including parents who are separated or divorced, shall provide with that studentís application for a certificate of eligibility for financial assistance, the financial information that the minister may require.

†††††††††††† (2)Notwithstanding subsection (1), the minister may, where circumstances warrant it, require the financial information of one parent only.

Pre-study contribution

††††† 12. (1) A personís earnings during a pre-study period shall be included as a resource in the calculation of need under these regulations.

†††††††††††† (2)The resource contributed by a personís earnings shall be calculated in accordance with the following formula:

††††††††††††††††††††††††††††††††††† C =[(GI - PD) - LA] x 80%

where

†††††††††††††† Cis the contribution used as a resource to calculate need;

††††††††††††† GIis the gross income for the pre study employment period;

††††††††††† PDis the total deduction from pay that is permitted by the minister; and

††††††††††† LAis the weekly living allowance as determined by the minister.

†††††††††††† (3)Upon the commencement of a period of study, a person shall provide to the minister, in the form, at the place and by the date that the minister may require, a confirmation of earnings for the pre-study period.

†††††††††††† (4)The minister may establish a minimum amount of contribution from a person for a pre-study period that will be assessed as a resource for the purpose of these regulations.

Study period contribution

††††† 13. (1) Where a person receives income during a period of study, that income shall be included as a resource in the calculation of need.

†††††††††††† (2)Before August 1, 2003, the resource contribution of a qualifying studentís income under this section shall be calculated by the following formula:

††††††††††††††††††††††††††††††††††† C =(I - D - AA) x 50%

where

†††††††††††††† Cis the contribution used as a resource to calculate that studentís need;

††††††††††††††† Iis the gross income for the study period;

†††††††††††††† Dis the total amount of deduction from pay that is permitted by the minister; and

†††††††††† AAis the annual income allowance that is established by the minister.

†††††††††††† (3)After August 1, 2003, the resource contribution of a qualifying studentís income under this section shall be calculated by the following formula:

††††††††††††††††††††††††††††††††††† C =(I - D - AA) x 100%

where

†††††††††††††† Cis the contribution used as a resource to calculate that studentís need;

††††††††††††††† Iis the gross income for the study period;

†††††††††††††† Dis the total amount of deduction from pay that is permitted by the minister; and

†††††††††† AAis the annual income allowance that is established by the minister.

Reassessment

††††† 14. (1) The minister may reassess an application for financial assistance where

†††††††††††† (a)information is made available to the minister that differs from the information provided with respect to a previous or current application of that person;

†††††††††††† (b)an audit of the application reveals to the minister information that differs from the information provided with respect to a previous or current application of that person.

†††††††††††† (2)Where a personís eligibility for financial assistance is reassessed with respect to a current period of study and that reassessment reveals that he or she is entitled to more financial assistance, another certificate of eligibility may be issued for that additional financial assistance before a date that the minister may establish.

Overaward

††††† 15. Where, as a result of a reassessment it is determined that a person has received more financial assistance than that to which he or she was entitled, that overaward shall

†††††††††††† (a)be deducted from that personís future entitlements to financial assistance; or

†††††††††††† (b)where a person has commenced repayment, be repaid by that person in accordance with the repayment plan applicable to him or her for financial assistance that has been received.

Term without assistance

††††† 16. (1) Where a person has received financial assistance and is presently attending a full time period of study for which he or she is not receiving financial assistance, he or she shall notify the lender and the service provider of that financial assistance of his or her full time attendance in a program of study at an educational institution.

†††††††††††† (2)A notice to a lender and a service provider under subsection (1) shall be provided at a time and in a form acceptable to the lender or service provider.

Certificate of eligibility

††††† 17. (1) A certificate of eligibility for financial assistance shall not be issued to a person until full time enrolment in a program of study in accordance with section 3 is confirmed by the educational institution attended by that person.

†††††††††††† (2)A certificate of eligibility shall include a statement that

†††††††††††† (a)the person named on the certificate qualifies for the issuance of that certificate under the Act and these regulations as a full time student;

†††††††††††† (b)on signing the consent and the certification portion of the certificate of eligibility, the student authorizes the designated educational institution attended by the student to forward to the lender or service provider any refund of fees that have been paid with the proceeds of financial assistance authorized by that certificate for credit against financial assistance received under the Act by that student from the lender or service provider; and

†††††††††††† (c)on signing the consent and certification portion of the certificate of eligibility, the student ratifies financial assistance made by way of loans to that student while he or she is a minor.

†††††††††††† (3)A certificate of eligibility shall not be issued to a person after the end date of the period of study to which that certificate applies.

†††††††††††† (4)The minister shall establish an end date for periods of study for which financial assistance may be provided under the Act.

†††††††††††† (5)An educational institution shall provide to the division sufficient information with respect to its programs of study to permit the minister to establish an end date.

Appeal board

††††† 18. (1) The minister shall appoint a student assistance appeal board consisting of a panel of not fewer than 6 and not more than 9 persons of whom

†††††††††††† (a)one shall be a representative from Memorial University of Newfoundland;

†††††††††††† (b)two shall be students attending educational institutions in the province;

†††††††††††† (c)one shall be an employee of the government of the province;

†††††††††††† (d)one shall be a representative from the College of the North Atlantic established under the College Act, 1996; and

†††††††††††† (e)one shall be a representative from a private educational institution in the province.

†††††††††††† (2)The minister shall appoint one person from among those appointed under subsection (1) to be the chairperson of the board.

†††††††††††† (3)A person appointed under subsections (1) and (2) shall be appointed for a term of 3 years.

†††††††††††† (4)Notwithstanding subsection (3), of the members of the board first appointed under these regulations

†††††††††††† (a)one shall be appointed for a term of one year;

†††††††††††† (b)2 shall be appointed for a term of 2 years; and

†††††††††††† (c)the remainder of the members shall be appointed for a term of 3 years,

and each member is eligible for reappointment.

†††††††††††† (5)A person appointed to the board under this section is eligible for reappointment for a 3 year term and shall not serve as a member of the board for more than 2 consecutive terms.

†††††††††††† (6)Notwithstanding subsections (3) to (5) a member of the board shall continue to be a member until he or she is replaced.

†††††††††††† (7)Where a vacancy occurs in the membership of the board panel, the minister shall appoint a person to replace that member and that person shall be a member of the board for the remainder of the unexpired term of the person he or she is replacing.

†††††††††††† (8)The members of the board shall serve without remuneration but a member shall be paid expenses in accordance with a scale of allowable expenses that the minister has approved.

Financial assistance review and appeal

††††† 19. (1) A person aggrieved of a decision with respect to the amount of financial assistance for which he or she is eligible, may apply to the minister in writing, for a review of that decision.

†††††††††††† (2)An application made under subsection (1) shall be reviewed not more than 14 days after its receipt and the applicant shall immediately be notified, in writing, of the decision.

Financial assistance appeal

††††† 20. (1) A person may, in writing, appeal a decision made under subsection 19(2) to the board.

†††††††††††† (2)The board shall hear and consider an appeal made under subsection (1) not more than 6 weeks after its receipt of the appeal and shall notify the appellant in accordance with subsection 12(3) of the Act.

Time limitation

††††† 21. (1) An application for review under section 19 shall be made not fewer than 8 weeks before the end date of the period of study to which financial assistance being reviewed relates.

†††††††††††† (2)An appeal made under section 20 shall be made not fewer than 6 weeks before the end date of the period of study to which the financial assistance being appealed relates.

Additional review and appeal

††††† 22. (1) A person aggrieved of a decision with respect to a matter referred to in section 12 of the Act, other than a matter that may be reviewed or appealed under section 19 or 20, may apply to the division, in writing, for a review of that decision not more than one year after receiving the decision for which that review is requested.

†††††††††††† (2)An application submitted under subsection (1) shall be reviewed and a decision, in writing, shall be provided to the applicant.

Appeal to board

††††† 23. A person may, not more than 30 days after receiving a decision under subsection 22(2), appeal that decision, in writing, to the board.

Deemed receipt

††††† 24. A decision referred to in subsection 22(1) or section 23 shall be considered to have been received by a person 5 days after that decision has been mailed to him or her by the division unless the contrary is proved

Board decision

††††† 25. (1) A decision of the board shall be made by a majority vote of members present at the meeting in which the decision is made.

†††††††††††† (2)A majority of the board is a quorum and the chairperson of the board has an equal vote with the other members

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

†††††††††††† (a)present;

†††††††††††† (b)present with representation; or

†††††††††††† (c)represented by a person of his or her choosing,

at the hearing of the matter under appeal.

†††††††††††† (4)The board may seek and utilize the expertise and assistance of persons who are not on the board or employed with the division in order to make a decision on a matter.

†††††††††††† (5)The board shall provide a decision to the appellant in accordance with subsection 12(3) of the Act.

†††††††††††† (6)A decision of the board shall be limited to the requirements of the Act, regulations made under the Act and policies and procedures of the department and the division with respect to matters to which the Act applies.

†††††††††††† (7)A decision of the board is final.

Fees and charges

††††† 26. Where a borrower owes money to the government of the province, under subrogation or otherwise on account of financial assistance received by the borrower, that borrower shall pay the following charges

†††††††††††† (a)$35 for a dishonoured cheque provided to the division;

†††††††††††† (b)$15 for a late payment where the borrower has entered into a repayment arrangement; and

†††††††††††† (c)an amount paid by the government of the province to a lender to obtain financial assistance documentation with respect to the borrower who received that financial assistance.

Commencement

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