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Regulation number	Title
P-9.315	Post-Secondary Student Financial Assistance Act

Under sections 33 and 44 of the Post-Secondary Student Financial Assistance Act, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1This Regulation may be cited as the General Regulation - Post-Secondary Student Financial Assistance Act.

Definitions for the purposes of this Regulation

2The following definitions apply in this Regulation.

“academic year” means a period of study of not less than 12 consecutive weeks’ duration and not more than 52 consecutive weeks’ duration. (année scolaire)

“Act” means the Post-Secondary Student Financial Assistance Act. (Loi)

“applicant” means a person who applies for financial assistance or for a loan under the Canada Student Financial Assistance Act (Canada), as the case may be. (demandeur)

“common-law partnership” means the relationship between two persons who are common-law partners of each other. (union de fait)

“term” means a period of study of not less than 12 consecutive weeks’ duration and not more than 26 consecutive weeks’ duration. (période de cours)

Definitions for the purposes of the Act and this Regulation

3The following definitions apply in the Act and this Regulation.

“certificate of eligibility” means a certificate of eligibility issued by the Minister to a qualifying student under section 17 of the Act. (certificat d’admissibilité)

“common-law partner” means a person who cohabits in a conjugal relationship with another person if the persons are not married to each other. (conjoint de fait)

“dependent student” means a student who is not an independent student. (étudiant à charge)

“history of credit abuse” means, in respect of an applicant, the disclosure on a credit bureau report on such applicant, of the existence of one or more of the following events at any time within the 3 year period preceding the date of such credit bureau report:(mauvais antécédents de crédit)

(a) in connection with the indebtedness of the applicant, whether alone or jointly with one or more other borrowers,

(i) any indebtedness that has been written off by a financial institution,

(ii) a loan where a financial institution has repossessed collateral pledged to a financial institution as security,

(iii) a loan or debt that has been referred to a collection agency for recovery, or

(iv) any indebtedness that has been the object of a successful civil action commenced by a financial institution against the applicant, whether alone or jointly with one or more other borrowers;

(b) a minimum of 3 instances where instalment or revolving credit accounts were more than 3 months overdue; and

(c) the applicant

(i) having filed a notice of intention in accordance with section 50.4 of the Bankruptcy and Insolvency Act (Canada),

(ii) having filed a proposal in accordance with section 62 of the Bankruptcy and Insolvency Act (Canada) or made any proposal for a composition, for an extension of time or for a scheme or arrangement, or

(iii) having had the status of a bankrupt.

“independent student” means a student who, before the first day of the academic year or term for which a certificate of eligibility is requested,(étudiant indépendant)

(a) is married,

(b) is in a common-law partnership,

(c) is divorced or separated,

(d) is a widow or a widower,

(e) is a single parent with custody of one or more children,

(f) is a child or youth under the Minister’s care as defined in the Child and Youth Well-Being Act,

(g) has no parent, guardian, sponsor or other supporting relative,

(h) has been out of secondary school for a period of not less than 48 months, or

(i) has been employed or been available for employment, or a combination of both, for a minimum of 2 periods of 12 consecutive months while not enrolled full-time in secondary or post-secondary study.

“normal full-time course load” means the number of courses in a program of studies that a designated educational institution requires a qualifying student to take in any year in order to obtain a certificate, diploma or degree in a minimum length of time. (charge normale de cours à temps plein)

“program of studies” means a program of post-secondary courses or subjects of not less than 12 consecutive weeks’ duration. (programme d’études)

2019, c.12, s.31; 2023, c.36, s.29

DESIGNATION OF EDUCATIONAL INSTITUTIONS

2019, c.12, s.31

Application for designation

4An educational institution may apply for designation by submitting an application to the Minister, on a form provided by the Minister, and the application shall be accompanied by the information required in the form and the fee set out in section 5.

Fee

5The fee for an application for a designation is $500.

APPEAL BOARD

Notice of appeal

6An educational institution may, within 15 days after receiving the written decision of the Minister, appeal a decision of the Minister by serving a notice of appeal and the reasons for the appeal on the Minister by registered mail or by personal service.

Appeal referred to Appeal Board

7On receipt of the notice of an appeal under section 6, the Minister shall refer the matter, as soon as is practicable, to the Appeal Board.

Notice of hearing

8(1)The Minister shall set the date for the hearing of the appeal.

8(2)The Minister shall serve notice of the hearing on the educational institution at least 10 days before the date set for the hearing.

8(3)A notice of hearing shall

(a) indicate the date, time and place of the hearing, and

(b) contain a statement that, if an educational institution who has been duly notified does not attend the hearing, the Appeal Board may proceed in the absence of the educational institution and the educational institution is not entitled to notice of any further proceedings.

8(4)If the educational institution has been notified of a hearing and does not attend, the Appeal Board may proceed in the absence of the educational institution and the educational institution is not entitled to notice of any further proceedings.

Minister is party to appeal

9The Minister is a party to the appeal and is responsible to present a case in support of any decision made by the Minister.

Presentation of information

10The educational institution or a representative of the educational institution may present oral or written information to the Appeal Board at the time of the appeal.

Conclusions and recommendations of Appeal Board

11(1)The Appeal Board shall transmit to the Minister in writing its conclusions and recommendations within 10 days after hearing the appeal.

11(2)Within 10 days after the receipt of the conclusions and recommendations of the Appeal Board, the Minister shall notify the educational institution of the results of the appeal in writing.

Practice and procedure of Appeal Board

12The Appeal Board may, subject to this Regulation, determine its own practice and procedure with respect to a hearing and may, in its discretion, adjourn a hearing from time to time.

Appeal not a stay of the Minister’s decision

13The initiation of an appeal shall not operate as a stay of the decision being appealed from and the decision being appealed from has the same force and effect as it would have had if no appeal had been initiated.

Reimbursement of expenses

14Each member of the Appeal Board is entitled to be reimbursed for travelling and living expenses incurred by the member in the performance of his or her duties in accordance with the Travel Directive of the Treasury Board.

2016, c.37, s.144

FINANCIAL ASSISTANCE

Residency

15(1)For the purposes of the definition “qualifying student” in section 1 of the Act, a person is a resident of New Brunswick

(a) in the case of a dependent student,

(i) if the student’s parents have resided in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which financial assistance is requested,

(ii) if one of the student’s parents works in another province or territory of Canada and the family home has been maintained in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which financial assistance is requested,

(iii) if the student’s parents reside outside Canada and New Brunswick was the last province in which they resided for a period of at least 12 consecutive months immediately before leaving Canada,

(iv) if the student’s parents resided in New Brunswick for a period of at least 12 consecutive months immediately before leaving New Brunswick and the student remained in New Brunswick to begin or continue a program of studies,

(v) if the student’s parents are divorced or separated and the parent with whom the student normally lives has resided in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which financial assistance is requested, or

(vi) if the student’s parents are divorced or separated, the student lives with neither parent and the parent who provides the principal financial support to the student has resided in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which financial assistance is requested, or

(b) in the case of an independent student,

(i) if the student has resided in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which financial assistance is requested,

(ii) if the student’s spouse or common-law partner has resided in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which financial assistance is requested, or

(iii) if the student and the student’s spouse or common-law partner are enrolled at a designated educational institution in New Brunswick and New Brunswick is the last province in which the student or the student’s spouse or common-law partner was a resident in accordance with subparagraph (i) or (ii).

15(2)Time spent by a person or the person’s spouse or common-law partner in attendance at a designated educational institution in New Brunswick does not constitute fulfilment of the residence requirements under paragraph (1)(b).

2016-60

Categories of qualifying students

16The categories of qualifying students eligible to receive financial assistance are dependent students and independent students.

Conditions of eligibility

17As a condition of eligibility for financial assistance, an applicant shall

(a) establish that the applicant is a qualifying student,

(b) establish that the applicant is in need of financial assistance,

(c) authorize the exchange of information related to his or her application for financial assistance between the Minister, a department of the Province, the government of a province or territory of Canada, the Government of Canada, the government of a foreign country, the service provider, a designated educational institution and any other person for the purposes of carrying out their powers and duties in accordance with, and for the purposes of the administration and enforcement of the Act and this Regulation,

(d) authorize the Minister to disclose the applicant’s social insurance number to the Canada Revenue Agency for the purposes of recovering money owing under a direct loan, a loan made by a lender under the Youth Assistance Act or a loan referred to in section 45 of the Act,

(e) submit a signed declaration accepting the conditions of financial assistance where it is provided and attesting to the accuracy of the information provided,

(f) submit, on or before a date fixed by the Minister, a confirmation of earnings form provided by the Minister along with supporting proof of earnings,

(g) submit, on or before a date fixed by the Minister, a confirmation of enrolment form provided by the Minister and certified by the designated educational institution at which the applicant is enrolled confirming that he or she is enrolled in a program of studies as a full-time student taking not less than 60% of a normal full-time course load,

(h) before obtaining a bursary under paragraph 17(1)(b) of the Act, have first obtained the maximum amount that may be specified by the Minister in a certificate of eligibility,

(i) not be in default

(i) on a previous loan under the Canada Student Loans Act (Canada) or the Canada Student Financial Assistance Act (Canada),

(ii) on a previous loan made by a lender under the Youth Assistance Act, or

(iii) on a previous loan referred to in section 45 of the Act,

(j) not have failed to successfully complete more than 2 previous academic years during which the applicant received a loan made by a lender under the Youth Assistance Act, a loan referred to in section 45 of the Act or financial assistance, and

(k) not have been provided a loan made by a lender under the Youth Assistance Act, a loan referred to in section 45 of the Act or financial assistance in excess of one academic year beyond the normal period required to obtain a certificate, diploma or degree, as the case may be.

2016-60; 2019, c.12, s.31

Conditions of eligibility for tuition bursary

2016-60

17.1(1)In order to be eligible for a tuition bursary, an applicant shall, in addition to fulfilling the conditions set out in section 17, meet the following conditions:

(a) be qualified for enrolment or be enrolled in a program of studies approved by the Minister under section 17.2;

(b) be qualified for enrolment or be enrolled at a designated educational institution listed in Schedule A.

(c) Repealed: 2017-32

17.1(2)Repealed: 2017-32

2016-60; 2017-32

Minister’s approval of program of study

2016-60

17.2For the purposes of section 17.1, the Minister may, in order for a qualifying student to be eligible for a tuition bursary, approve a program of study for which the qualifying student may be qualified for enrolment or may be enrolled if the program of study

(a) is provided at a designated educational institution listed in Schedule A;

(b) consists of one or more academic years or terms; and

(c) leads to the granting of a certificate, degree or diploma on the successful completion of the program.

2016-60

Maximum number of years for tuition bursary

2016-60

17.3(1)Subject to subsection (2), the maximum number of years the Minister may award a tuition bursary to a qualifying student is as follows:

(a) if a qualifying student is enrolled in a college program of studies, three years;

(b) if a qualifying student is enrolled in a four-year university program of studies, four years; and

(c) if a qualifying student is enrolled in a five-year university program of studies, five years.

17.3(2)If a qualifying student changes the program of studies in which he or she is enrolled, the maximum number of years the Minister may award a tuition bursary is as follows:

(a) the qualifying student initially was enrolled in a college program of studies and subsequently enrols in a different college program of studies, three years;

(b) the qualifying student initially was enrolled in a college program of studies and subsequently enrols in a four-year university program of studies, four years;

(c) the qualifying student initially was enrolled in a college program of studies and subsequently enrols in a five-year university program of studies, five years;

(d) the qualifying student initially was enrolled in a four-year university program of studies and subsequently enrols in a college program of studies or another four-year university program of studies, four years;

(e) the qualifying student initially was enrolled in a four-year university program of studies and subsequently enrols in a five-year university program of studies, five years; and

(f) the qualifying student initially was enrolled in a five-year university program of studies and subsequently enrols in a college program of studies or a four-year university program of studies, four years.

2016-60

Maximum amount of tuition bursary

2016-60

17.4The maximum amount of a tuition bursary that the Minister may award under paragraph 17(1)(c) of the Act is $3,000 during an academic year.

2016-60; 2019-19

Condition of continuing eligibility

18As a condition of continuing eligibility, a qualifying student who receives financial assistance shall immediately advise the Minister of any change in the qualifying student’s financial circumstances.

Loans under the Canada Student Financial Assistance Act (Canada)

19An applicant who applies for financial assistance and a loan under the Canada Student Financial Assistance Act (Canada) shall submit to the Minister an authorization signed by the applicant, and where applicable, the applicant’s parents, guardian, spouse or common-law partner, allowing the verification of income tax information through the Canada Revenue Agency.

Maximum amount specified by Minister in certificate of eligibility

20The maximum amount that may be specified by the Minister in a certificate of eligibility is $200 per week of study during an academic year or term.

2023-43

Maximum amount of bursary

21The maximum amount of a bursary that may be awarded by the Minister under paragraph 17(1)(b) of the Act is $160 per week of study during an academic year or term.

2013-53; 2016-60; 2023-43

Interest payments and guarantees

22(1)The Minister, in respect of a loan made by a lender to a person under the Youth Assistance Act, may pay the interest accruing on the loan on and after the first day of the seventh month following the completion of, or withdrawal from, the program of studies by the person, where an application under the New Brunswick Interest Relief program has been approved.

22(2)The Minister may guarantee the repayment of a loan or any portion of a loan made by a lender to a person under the Youth Assistance Act where the person does not otherwise meet the borrowing criteria of the lender.

REVIEW BOARD

Repealed: 2016, c.28, s.122

2007-78 - General

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