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Newfoundland and Labrador
Regulation 2013


NEWFOUNDLAND AND LABRADOR REGULATION 37/13

NEWFOUNDLAND AND LABRADOR
REGULATION 37/13

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

(Filed March 27, 2013)

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

Dated at St. John’s, March 20, 2013.

Joan Shea
Minister of Advanced Education and Skills

REGULATIONS

Analysis


        1.   S.7 R&S
Application

        2.   S.8 Amdt.
Student category

        3.   S.9 Amdt.
Residency

        4.   S.10 Amdt.
Need assessment

        5.   S.11 Amdt.
Parental
contribution

        6.   S.14 Amdt.
Reassessment

        7.   S.17 R&S
Notice of financial
assistance

        8.   Commencement


NLR 106/03
as amended

        1. Section 7 of the Student Financial Assistance Administration Regulations is repealed and the following substituted:

Application

        7. (1) In order to be considered for financial assistance, a qualifying student shall apply 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 financial assistance 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 financial assistance that does not contain the documentation and information required by the minister shall not be processed.

 

        2. Subsection 8(1) of the regulations is repealed and the following substituted:

Student category

        8. (1) A person shall be considered to be an independent student for the purposes of an application for financial assistance 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

             (e)  he or she has been a voluntary participant in the Youth Services Program of the Department of Child, Youth and Family Services.

 

        3. (1) Subsection 9(1) of the regulations is repealed and the following substituted:

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 notice of financial assistance applies.

             (2)  Subsection 9(5) of the regulations is repealed and the following substituted:

             (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 the notice of financial assistance applies shall be considered to be a resident of the province.

             (3)  Subsection 9(6) of the regulations is repealed and the following substituted:

             (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 the notice of financial assistance applies.

             (4)  Subsection 9(7) of the regulations is repealed and the following substituted:

             (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 notice of financial assistance applies, excluding time spent as a full time student at a post secondary institution, shall be considered to be a resident of this province.

 

        4. Subsection 10(1) of the regulations is repealed and the following substituted:

Need assessment

      10. (1) The minister shall assess the need of a person who applies for financial assistance.

 

        5. Subsection 11(1) of the regulations is repealed and the following substituted:

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 student's application for financial assistance, the financial information that the minister may require.

 

        6. Subsection 14(2) of the regulations is repealed and the following substituted:

             (2)  Where a person's 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 notice of financial assistance may be issued for that additional financial assistance before a date that the minister may establish.

 

        7. Section 17 of the regulations is repealed and the following substituted:

Notice of financial assistance

      17. (1) Where an application is received by the minister under section 7, the minister, if satisfied that the applicant

             (a)  is a full time student;

             (b)  has complied with the Act and regulations made under the Act; and

             (c)  is eligible for financial assistance

may issue a notice of financial assistance to that applicant and in other circumstances, may refuse to issue a notice of financial assistance to that applicant.

             (2)  A notice of financial assistance shall

             (a)  be in a form that the minister considers appropriate;

             (b)  set out the amount of financial assistance for which the full time student named on the notice is eligible; and

             (c)  state other terms that the minister considers necessary.

             (3)  A notice of financial assistance shall not be issued to a person after the end date of the period of study to which that notice 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.

Commencement

        8. These regulations are considered to have come into force on August 1, 2012.