A-13.3, r. 1 - Regulation respecting financial assistance for education expenses

Updated to 1 July 2024

This document has official status.

chapter A-13.3, r. 1

Regulation respecting financial assistance for education expenses

Act respecting financial assistance for education expenses

(chapter A-13.3, s. 57).

CHAPTER I LOANS AND BURSARIES PROGRAM FOR FULL-TIME STUDIES IN VOCATIONAL TRAINING AT THE SECONDARY LEVEL AND FOR FULL-TIME STUDIES AT THE POSTSECONDARY LEVEL

DIVISION I THE STUDENT’S CONTRIBUTION

§ 1 . — Computation of the contribution

1. The contribution of a student for a year of allocation is established as the sum of

(1)  50% of the student’s employment income referred to in Schedule I, minus applicable exemptions;

(2)  the student’s other income referred to in Schedule II; and

(3)  the student’s scholarship income.

For the purposes of the computation in subparagraph 1 of the first paragraph, only 40% of the student’s employment income is taken into account if no financial assistance is granted to the student under the loans and bursaries program for the preceding year of allocation.

If the result of the computation of financial assistance does not exceed the portion of the maximum amount of a loan established pursuant to section 54, the student’s contribution is recomputed taking into account only the items referred to in subparagraphs 2 and 3 of the first paragraph. The financial assistance granted to the student in the form of a loan may not exceed that portion of the maximum amount of a loan.

The computation does not take into account, for the 2021-2022 year of allocation, any amount paid to the student under the Programme de bourses - Bourse d’incitation au travail et de suspension volontaire des études au baccalauréat en sciences infirmières en contexte d’urgence sanitaire established by the Minister of Health and Social Services and the Minister of Higher Education in January 2021.

O.C. 344-2004, s. 1; O.C. 774-2012, s. 1; O.C. 452-2013, s. 1; O.C. 1411-2021, s. 1.

§ 2 . — Applicable exemptions

2. For the purpose of computing the applicable exemptions, an amount is established as maximum income protection to take into account expenses incurred by the student while not pursuing full-time studies.

The amount of maximum income protection is computed by allocating $1,632 for each of the following months:

(1)  the first months of the year of allocation and the other months of the calendar year ending in the year of allocation for which no expense is allowed; and

(2)  the subsequent months in the year of allocation during which the student interrupts his or her full-time studies, if the student resumes the studies before the end of the year of allocation, and for which no expense is allowed.

O.C. 344-2004, s. 2; O.C. 238-2015, s. 1; O.C. 301-2016, s. 1; O.C. 1086-2017, s. 1; O.C. 108-2019, s. 1; O.C. 288-2020, s. 1; O.C. 1226-2020, s. 1; O.C. 1411-2021, s. 2; O.C. 1398-2022, s. 1; O.C. 1217-2023, s. 1.

3. An exemption corresponding to the student’s employment income, up to 30% of the amount of maximum income protection, is granted to the student.

O.C. 344-2004, s. 3.

4. An exemption corresponding to the sum of 35% of the amount of maximum income protection and 35% of the student’s employment income, up to 70% of the amount of maximum income protection, is granted to a student if

(1)  the student meets any of the conditions in subparagraphs 1 to 4 of the first paragraph of section 4 of the Act respecting financial assistance for education expenses (chapter A-13.3);

(2)  the student is not deemed to receive a contribution from his or her parents or sponsor and does not reside with his or her parents or sponsor during the first month in the year of allocation during which the student is pursuing full-time studies;

(3)  the student is the subject of a decision or placement order that does not provide for payment of support for the student, except where the decision or placement order is made in a matter of adoption;

(4)  custody of the student is entrusted to a tutor;

(5)  the student had to leave the residence of his or her parents or sponsor for serious reasons such as the student’s health or safety;

(6)  the student’s parents or sponsor are sheltered in a reception centre, health or social services institution or other place where the student cannot reside; or

(7)  the student’s parents or sponsor have no residence in Canada.

O.C. 344-2004, s. 4.

5. An exemption corresponding to 5% of the student’s employment income, up to 5% of the amount of maximum income protection, is granted to a student who cannot benefit from the exemption in section 4.

O.C. 344-2004, s. 5.

§ 3 . — Scholarship income

6. A student’s scholarship income comprises the amounts in excess of $7,500 received as such from a public or private organization during the calendar year ending in the year of allocation.

That income does not, however, include amounts from an education savings plan.

O.C. 344-2004, s. 6; O.C. 288-2020, s. 2.

§ 4 . — Reduction in the contribution

7. A student’s contribution is reduced if the student pursues studies otherwise than on a full-time basis in an educational institution recognized by the Minister or the Minister of Education, Recreation and Sports during the 4-month period preceding a month in the year of allocation during which the student pursues full-time studies.

The reduction in the contribution is $255 per credit if the student pursues studies at the university level, $22 per course hour if the student pursues studies at the college level in a private educational institution and $15 per course hour in all other cases.

If a student does not reside with his or her parents or sponsor during one of the months in that period, or is not deemed to reside with his or her parents or sponsor within the meaning of section 31, the student’s contribution is reduced by an additional amount of $120 per credit or $8 per course hour.

The third paragraph does not apply to a student who benefits from the exemption in section 4.

O.C. 344-2004, s. 7; S.Q. 2013, c. 28, a. 190; O.C. 627-2014, s. 1.

8. The reduction in the student’s contribution established pursuant to section 7 is lowered if the student has employment income referred to in Schedule I.

The lowered reduction corresponds to the amount obtained by multiplying the student’s employment income by 2.5%, up to the amount of maximum income protection, and by multiplying the result of that operation by the number of credits accumulated or by the number obtained by dividing the number of completed course hours by 15.

O.C. 344-2004, s. 8.

9. A student’s contribution is reduced if the student works and does not reside with his or her parents or sponsor, or is not deemed to reside with his or her parents or sponsor, pursuant to section 31, with the necessary modifications, during the months referred to in the second paragraph of section 2.

The reduction in the student’s contribution is established by multiplying by $380 the lesser of

(1)  the number of months taken into account to establish maximum income protection pursuant to the second paragraph of section 2; and

(2)  the number obtained by dividing the student’s employment income referred to in Schedule I by $1,632.

If the student benefits from a reduction in his or her contribution pursuant to the third paragraph of section 7, the number obtained pursuant to subparagraph 1 of the second paragraph is reduced by the number obtained by dividing the number of credits then accumulated by 3, or by dividing the number of course hours then completed by 45.

This section does not apply to a student who benefits from the exemption in section 4.

O.C. 344-2004, s. 9; O.C. 627-2014, s. 2; O.C. 301-2016, s. 2; O.C. 1086-2017, s. 2; O.C. 108-2019, s. 2; O.C. 288-2020, s. 3; O.C. 1226-2020, s. 2; O.C. 1411-2021, s. 3; O.C. 1398-2022, s. 2; O.C. 1217-2023, s. 2.

10. A student’s contribution established pursuant to sections 1 to 9 is reduced if the student ceases to be enrolled or to be deemed to be enrolled within the meaning of section 27 as of the month of May of the year of allocation.

The student’s contribution is reduced by 12.5% for each month in the year of allocation preceding the month of May for which the student does not benefit from the exemption provided for in section 2.

O.C. 344-2004, s. 10.

§ 5 . — Exemption from contribution

11. A student’s contribution is not taken into account for the purpose of computing financial assistance if the student is registered in a training program offered by the Minister of Employment and Social Solidarity and attends a private educational institution at the secondary level in vocational training or at the college level, a public educational institution for a non-subsidized course of study or a university-level institution.

O.C. 344-2004, s. 11.

DIVISION II CONTRIBUTION OF THE PARENTS, SPONSOR OR SPOUSE

§ 1 . — Computation of the contribution

12. The contribution of the parents, sponsor or spouse, for a year of allocation, is established in relation to their respective income, minus applicable exemptions. The income of the parents is added to establish their contribution.

The contribution corresponds to the amount determined in the table in Schedule III.

O.C. 344-2004, s. 12; O.C. 627-2014, s. 3.

13. Despite section 12, if the student’s parents no longer live together, their contribution is established on the basis only of the income of the parent with whom the student resides or last resided.

However, if the student has not resided with either parent since their separation, the parents’ contribution is established on the basis only of the income of the parent designated by the student.

O.C. 344-2004, s. 13; O.C. 627-2014, s. 4.

14. If the parents and sponsor of the student reside in Canada during the year of allocation, the financial assistance is computed taking into account the parents’ contribution, if any.

However, if the student’s parents do not reside in Canada at the beginning of the year of allocation, the financial assistance is computed taking into account the sponsor’s contribution, if any.

O.C. 344-2004, s. 14.

§ 2 . — Income of parents, sponsor or spouse

15. The income used to determine the contribution of the parents, sponsor or spouse is the total income appearing in their respective income tax return filed in accordance with section 1000 of the Taxation Act (chapter I-3) for the calendar year ending before the beginning of the year of allocation and confirmed by the assessment notice transmitted in accordance with that Act. However, the total income appearing in the income tax return of one of those persons must be reduced, where applicable, by the amount of the retirement income transferred by the spouse and by the amount transferred from a locked-in retirement account and for which a deduction has been made.

Allowances or benefits paid by a government to help children or families are taken into account to establish the income of the parents or sponsor.

O.C. 344-2004, s. 15; O.C. 627-2014, s. 5; O.C. 238-2015, s. 2.

16. Despite section 15, if the income of the parents, sponsor or spouse, as the case may be, for the calendar year ending during the year of allocation is at least 10% lower than the income for the preceding calendar year, the income taken into account is the income of the calendar year ending during the year of allocation.

O.C. 344-2004, s. 16.

§ 3 . — Applicable exemptions

17. For the purpose of computing the contribution of the parents or sponsor, the applicable exemptions are as follows:

(1)  $3,450 for each child of the parents or sponsor other than the student who, being minor, is single and has no children or, being of full age, pursues full-time studies and is deemed to reside with his or her parents or sponsor within the meaning of section 31 or is deemed to receive a contribution from his or her parents or sponsor;

(2)  $2,929 if the student has a major functional deficiency within the meaning of section 47.

O.C. 344-2004, s. 17; O.C. 698-2007, s. 1; O.C. 811-2008, s. 1; O.C. 1175-2009, s. 1; O.C. 971-2010, s. 1; O.C. 1009-2011, ss. 1 and 27; O.C. 984-2013, s. 1; O.C. 627-2014, s. 6; O.C. 238-2015, s. 3; O.C. 301-2016, s. 3; O.C. 1086-2017, s. 3; O.C. 108-2019, s. 3; O.C. 288-2020, s. 4; O.C. 1411-2021, s. 4; O.C. 1398-2022, s. 3; O.C. 1217-2023, s. 3.

18. For the purpose of computing the spouse’s contribution, an exemption of $2,929 is granted if the student has a major functional deficiency within the meaning of section 47.

O.C. 344-2004, s. 18; O.C. 698-2007, s. 2; O.C. 971-2010, s. 2; O.C. 1009-2011, ss. 2 and 28; O.C. 984-2013, s. 2; O.C. 627-2014, s. 7; O.C. 238-2015, s. 4; O.C. 301-2016, s. 4; O.C. 1086-2017, s. 4; O.C. 108-2019, s. 4; O.C. 288-2020, s. 5; O.C. 1411-2021, s. 5; O.C. 1398-2022, s. 4; O.C. 1217-2023, s. 4.

§ 4 . — Reduction in contribution

19. The contribution of the parents, sponsor or spouse is reduced to take into account the expenses incurred for their children.

The contribution of the parents or sponsor is divided by the number of their children, including the student, who are pursuing full-time studies in vocational training at the secondary level or full-time studies at the postsecondary level and are deemed to receive a contribution from their parents or sponsor.

The contribution of the spouse is divided by the number obtained by counting the student and each child of the student and his or her spouse who are pursuing full-time studies in vocational training at the secondary level or full-time postsecondary studies and are deemed to receive a contribution from their parents.

O.C. 344-2004, s. 19.

20. The contribution of the parents, sponsor or spouse established pursuant to sections 12 to 19 is reduced if the student is not enrolled or deemed to be enrolled for more than 7 months in the year of allocation.

The contribution of the parents, sponsor or spouse in such case corresponds to the amount obtained by multiplying the amount of their contribution established pursuant to sections 12 to 19 by the percentage obtained by multiplying the number of months in the year of allocation during which the student is enrolled or deemed to be enrolled by 12.5%.

O.C. 344-2004, s. 20.

§ 5 . — Exemption from contribution

21. The contribution of the parents, sponsor or spouse is not taken into account for the purpose of computing financial assistance if

(1)  the student is the subject of a decision or placement order other than a decision or placement order made in a matter of adoption;

(2)  custody of the student is entrusted to a tutor;

(3)  the student’s parents, sponsor or spouse cannot be found;

(4)  the student has had to cease all communication with his or her parents, sponsor or spouse for safety reasons;

(5)  the student’s parents, sponsor or spouse never resided in Canada before the beginning of the calendar year ending in the year of allocation; or

(6)  the student’s spouse receives financial assistance under the loans and bursaries program for the year of allocation or received such assistance for the preceding year of allocation.

O.C. 344-2004, s. 21.

22. A student who has been pursuing university studies in Québec for at least 3 years and has accumulated 90 credits in the same course of study is deemed not to receive a contribution from his or her parents or sponsor.

The foregoing also applies to a student who is pursuing university studies outside Québec and has completed 4 years of full-time university studies or, if the student has a diploma of college studies, has completed 3 years of full-time university studies in the same course of study.

Despite the first and second paragraphs, a student who is deemed to be pursuing full-time studies because of a major functional deficiency within the meaning of section 47 or another deficiency, attested to in a medical certificate, is deemed not to receive a contribution from his or her parents or sponsor if the student has been pursuing university studies in Québec for at least 3 years and has accumulated 45 credits in the same course of study. The foregoing also applies if the student has been pursuing university studies outside Québec for 4 years or, if the student has a diploma of college studies, for 3 years in the same course of study.

O.C. 344-2004, s. 22; O.C. 699-2024, s. 1.

DIVISION III ALLOWABLE EXPENSES

§ 1 . — General

23. The categories of allowable expenses for the purpose of computing the financial assistance for a year of allocation are as follows:

(1)  school fees;

(2)  living expenses;

(3)  transportation expenses;

(4)  living expenses for a child;

(5)  child day-care expenses;

(6)  expenses for residents of an outlying area; and

(7)  medication, orthesis or treatment expenses.

O.C. 344-2004, s. 23.

24. The allowable expenses are allocated for the months in the year of allocation during which the student

(1)  is deemed to be enrolled within the meaning of section 27;

(2)  is pursuing full-time studies;

(3)  interrupts his or her full-time studies for a period not exceeding 4 months; or

(4)  is pursuing studies other than on a full-time basis after ceasing to be a full-time student.

However, no expense is allocated for the first of a series of months during which the student is pursuing full-time studies if the student begins to pursue such studies only as of the 16th day of that month.

In addition, in the case referred to in subparagraph 4 of the first paragraph, the allowable expenses are allocated to the student only for a maximum of 4 months.

O.C. 344-2004, s. 24.

25. The allowable expenses for the months of July and August of the preceding year of allocation are taken into account for the purpose of computing the financial assistance granted for the year of allocation if the student pursues full-time studies during those months only.

The foregoing also applies to the allowable expenses for the months of September and October of the following year of allocation if the student pursues full-time studies during those months only.

O.C. 344-2004, s. 25.

26. Despite section 24, no expense is allowable for a month in the year of allocation during which the student

(1)  receives last resort financial assistance or an Aim for Employment benefit under the Individual and Family Assistance Act (chapter A-13.1.1), other than financial assistance for participating, under that Act, in a social assistance and support measure or program, or the basic income program;

(1.1)  receives financial assistance granted under a program of financial assistance for education expenses offered by a government department or body;

(2)  receives unemployment benefits or any other benefit of the same nature and is registered in a training program offered by a department or body of the Government of Canada;

(3)  is registered in a training program offered by the Minister of Employment and Social Solidarity;

(4)  has been committed to custody; or

(5)  is serving a training period of 3 months or more as part of a course of study under a cooperative plan.

A student who is in the situation referred to in subparagraph 1 of the first paragraph may be allocated expenses for the first month in the year of allocation during which the student is pursuing full-time studies. However, living expenses are allocated only to a student who does not reside or is not deemed to reside with his or her parents or sponsor. The amount allocated as living expenses in such a case is $316.

A student who is in the situation referred to in subparagraph 3 of the first paragraph may be allocated the fees referred to in section 29 if the fees are not reimbursed to the student by a government department or body and the student attends a private educational institution at the secondary level in vocational training or at the college level, a public educational institution for a non-subsidized course of study or a university-level institution.

O.C. 344-2004, s. 26; O.C. 698-2007, s. 3; O.C. 811-2008, s. 2; O.C. 1175-2009, s. 2; O.C. 971-2010, s. 3; O.C. 1009-2011, s. 3; O.C. 984-2013, s. 3; O.C. 627-2014, s. 8; O.C. 238-2015, s. 5; O.C. 301-2016, s. 5; O.C. 1086-2017, s. 5; O.C. 108-2019, s. 5; O.C. 288-2020, s. 6; O.C. 1411-2021, s. 6; O.C. 1398-2022, s. 5; O.C. 1217-2023, s. 5.

27. For the purpose of computing allowable expenses, a student is deemed to be enrolled for a period not exceeding 4 months if the student

(1)  is in a serious and exceptional situation, within the meaning of section 96;

(2)  has a major functional deficiency within the meaning of section 47;

(3)  cohabits with his or her child;

(4)  is at least 20 weeks pregnant;

(5)  has a severely limited capacity for employment within the meaning of the Individual and Family Assistance Act (chapter A-13.1.1) and is participating, under that Act, in a social assistance and support measure or program, or the basic income program; or

(6)  cannot pursue full-time studies for more than one month due to episodic disorders resulting from a deficiency other than a major functional deficiency within the meaning of section 47, attested to in a medical certificate.

O.C. 344-2004, s. 27; O.C. 698-2007, s. 4; O.C. 811-2008, s. 3; O.C. 627-2014, s. 9; O.C. 1398-2022, s. 6; O.C. 699-2024, s. 2.

28. A student may, for the number of consecutive months determined by the student, inform the Minister that no expenses are to be allocated in his or her respect. The period determined by the student must be at the beginning or end of the year of allocation.

O.C. 344-2004, s. 28.

§ 2 . — School fees

29. A student’s school fees comprise admission fees, registration fees, tuition fees, fees related to instructional services and any other fees prescribed by the educational institution. They also comprise the amounts allocated for the purchase of didactic materials or specialized equipment. However, the school fees do not comprise the fees already considered by another allowable expense.

In the case of studies in an educational institution located outside Québec, no amount may be allocated pursuant to this section for fees not prescribed by at least one Québec educational institution.

The fees allocated to a student may not exceed $6,000 per 4-month period.

The amounts allocated to a student for the purchase of educational materials and access to telematics services, per 4-month period, are as follows:

(1)  $214 at the secondary level, in vocational training;

(2)  $214 at the college level, for pre-university studies;

(3)  $244 at the college level, for technical studies;

(4)  $463 at the university level;

(5)  $530 at the university level, for architecture, visual arts, chiropractic, physical education, ergotherapy, medicine, veterinary medicine, music, speech therapy and audiology, optometry, pharmacy, physiotherapy and engineering programs; and

(6)  $244 at the master’s or doctoral level, for each 4-month period devoted to writing a thesis or dissertation.

The amounts allocated to the student for the purchase of specialized equipment correspond to the costs of the specialized equipment that the student is required to acquire for his or her studies.

Despite the third paragraph, no amount is allocated to a student for any 4-month period during which the student pursues full-time studies for less than 3 months.

O.C. 344-2004, s. 29; O.C. 698-2007, s. 5; O.C. 811-2008, s. 4; O.C. 1175-2009, s. 3; O.C. 971-2010, s. 4; O.C. 1009-2011, s. 4; O.C. 984-2013, s. 4; O.C. 627-2014, s. 10; O.C. 238-2015, s. 6; O.C. 301-2016, s. 6; O.C. 1086-2017, s. 6; O.C. 108-2019, s. 6; O.C. 288-2020, s. 7; O.C. 1411-2021, s. 7; O.C. 1398-2022, s. 7; O.C. 1217-2023, s. 6.

29.1. An allocation for training support materials is granted, on request, to a student who is eligible for a loan.

The amount of the allocation granted to the student in the form of a loan is $500 per 4-month period.

The amount allocated is not taken into account for the purpose of computing financial assistance for education expenses.

O.C. 670-2004, ss. 1 and 5; O.C. 1009-2011, s. 5; O.C. 1226-2020, s. 3.

29.2. A special allocation for school fees is granted to a student who attends a university-level institution in Québec if the amount of the loan that may be granted to the student, computed in accordance with section 14 of the Act respecting financial assistance for education expenses (chapter A-13.3), corresponds to the amount of the first portion of a loan set out in paragraph 3 of section 49 or, if the student’s contribution is recomputed as provided in the third paragraph of section 1, the amount of the loan corresponds to the portion of the maximum loan amount established pursuant to section 54.

The amount of the allocation granted to a student in the form of a loan is $18.53 per credit. As of the 2014-2015 year of allocation, the amount is adjusted annually. The adjustment corresponds to the difference between the amount of the basic tuition fees, determined per credit, for the year of allocation concerned and the amount determined for the preceding year of allocation. The adjusted amount is made public by the Minister on the website not later than 1 September of the year of allocation to which it applies.

For the purposes of this Regulation, the amount of the basic tuition fees means the maximum amount of the basic tuition fees per credit for the residents of Québec determined annually by the Minister.

The amount of the allocation is not taken into account in computing the amount of financial assistance for education expenses.

O.C. 698-2007, ss. 6 and 20; O.C. 1009-2011, ss. 6 and 29; O.C. 774-2012, ss. 2 and 10; O.C. 452-2013, s. 2 and 17; O.C. 984-2013, s. 5.

29.3. A compensatory allocation is granted in the form of a loan to a student who attends a university-level institution in Québec and whose bursary is lower than the special allocation provided for in section 29.2.

The amount of the allocation corresponds to the result obtained by subtracting the amount of the bursary granted from the special allocation provided for in section 29.2.

The amount of the allocation is not taken into account for the purposes of the computation of the financial assistance for education expenses.

O.C. 774-2012, s. 3; O.C. 452-2013, s. 3.

29.4. (Revoked).

O.C. 774-2012, s. 3; O.C. 452-2013, s. 4.

§ 3 . — Living expenses

30. A student’s living expenses are allocated for each month in the year of allocation and vary according to whether or not the student resides with his or her parents or sponsor, according to whether or not the student is deemed to reside with his or her parents or sponsor and according to whether or not the student is deemed to be enrolled.

O.C. 344-2004, s. 30.

31. A student who is deemed to receive a contribution from his or her parents or sponsor is deemed to reside with his or her parents or sponsor if the student also

(1)  attends an educational institution or is serving a training period in the municipality in which his or her parents or sponsor have their place of residence; or

(2)  attends an educational institution or is serving a training period in an area served by a regional or municipal public transit service linking the area with the residence of the student’s parents or sponsor.

Despite the first paragraph, a student is not deemed to reside with his or her parents or sponsor if

(1)  the student meets any of the conditions in subparagraphs 1 to 4 of the first paragraph of section 4 of the Act respecting financial assistance for education expenses (chapter A-13.3);

(2)  the student is the subject of a decision or placement order that does not provide for payment of support for the student, except where the decision or placement order is made in a matter of adoption;

(3)  custody of the student is entrusted to a tutor;

(4)  the student had to leave the residence of his or her parents or sponsor for serious reasons such as the student’s health or safety; or

(5)  the student’s parents or sponsor are sheltered in a reception centre, health or social services institution or other place where the student cannot reside.

O.C. 344-2004, s. 31.

32. The living expenses allocated to a student who resides or is deemed to reside with his or her parents or sponsor are $601 per month while those allocated to a student who does not reside or is not deemed to reside with his or her parents or sponsor are $1,283 per month.

The living expenses allocated to a student who is deemed to be enrolled, within the meaning of section 27, and resides or is deemed to reside with his or her parents or sponsor are $337 per month, plus an amount corresponding to 10% of the student’s employment income, up to $264 per month. If the student is deemed to be enrolled but does not reside with his or her parents or sponsor, the living expenses are $1,019 per month, plus an amount corresponding to 10% of the student’s employment income, up to $264 per month.

The amounts provided for in the first paragraph are reduced by $100 if a student attending an educational institution recognized by the Minister or the Minister of Education, Recreation and Sports no longer pursues studies on a full-time basis, and by $200 if the student interrupts his or her full-time studies for a period not exceeding 4 months.

O.C. 344-2004, s. 32; O.C. 698-2007, s. 7; O.C. 811-2008, s. 5; O.C. 1175-2009, s. 4; O.C. 971-2010, s. 5; O.C. 1009-2011, s. 7; O.C. 984-2013, s. 6; S.Q. 2013, c. 28, s. 190; O.C. 627-2014, s. 11; O.C. 238-2015, s. 7; O.C. 301-2016, s. 7; O.C. 1086-2017, s. 7; O.C. 108-2019, s. 7; O.C. 288-2020, s. 8; O.C. 1226-2020, s. 4; O.C. 1411-2021, s. 8; O.C. 1398-2022, s. 8; O.C. 1217-2023, s. 7.

32.1. (Revoked).

O.C. 1226-2020, s. 5; O.C. 1217-2023, s. 8.

32.2. (Revoked).

O.C. 1411-2021, s. 9; O.C. 1217-2023, s. 8.

33. A student without a spouse is allocated an additional $195 per month as living expenses if the student cohabits with his or her child during the year of allocation.

However, if the child is of full age or if the student is not entitled to family allowance under the Taxation Act (chapter I-3), the amount is increased to $539 per month.

If custody of the child is shared, the living expenses are allocated to the student only if, during the year of allocation, the student has custody of the child for at least 25% of the time.

A student who is at least 20 weeks pregnant and has no spouse or child is entitled to the additional amount provided for in the second paragraph.

O.C. 344-2004, s. 33; O.C. 698-2007, s. 8; O.C. 811-2008, s. 6; O.C. 1175-2009, s. 5; O.C. 971-2010, s. 6; O.C. 1009-2011, s. 8; O.C. 984-2013, s. 7; O.C. 627-2014, s. 12; O.C. 238-2015, s. 8; O.C. 301-2016, s. 8; O.C. 1086-2017, s. 8; O.C. 108-2019, s. 8; S.Q. 2019, c. 14, s. 666; O.C. 288-2020, s. 9; O.C. 1411-2021, s. 10; O.C. 1398-2022, s. 9; O.C. 1217-2023, s. 9.

34. A student who is required to serve a training period as part of his or her studies and, for that reason, cannot live at his or her ordinary residence is allocated an additional amount of $547 as living expenses for each month of training, up to $2,549 per year of allocation.

This section does not apply to a student without a spouse who serves a training period that lasts 3 consecutive months or more.

O.C. 344-2004, s. 34; O.C. 698-2007, s. 9; O.C. 811-2008, s. 7; O.C. 1175-2009, s. 6; O.C. 971-2010, s. 7; O.C. 1009-2011, s. 9; O.C. 984-2013, s. 8; O.C. 627-2014, s. 13; O.C. 238-2015, s. 9; O.C. 301-2016, s. 9; O.C. 1086-2017, s. 9; O.C. 108-2019, s. 9; O.C. 288-2020, s. 10; O.C. 1411-2021, s. 11; O.C. 1398-2022, s. 10; O.C. 1217-2023, s. 10.

§ 4 . — Transportation expenses

35. Land transportation expenses are allocated to a student who resides with his or her parents or sponsor and cannot use a public transit service to travel to the educational institution attended.

Land transportation expenses allocated to a student are $110 per month.

O.C. 344-2004, s. 35; O.C. 698-2007, s. 10; O.C. 811-2008, s. 8; O.C. 1175-2009, s. 7; O.C. 971-2010, s. 8; O.C. 1009-2011, s. 10; O.C. 984-2013, s. 9; O.C. 627-2014, s. 14; O.C. 238-2015, s. 10; O.C. 301-2016, s. 10; O.C. 1086-2017, s. 10; O.C. 108-2019, s. 10; O.C. 288-2020, s. 11; O.C. 1411-2021, s. 12; O.C. 1398-2022, s. 11; O.C. 1217-2023, s. 11.

36. Air transportation expenses are allocated to a student if the student’s domicile and the educational institution attended are situated in Québec and there is no road link between the domicile and the institution.

Air transportation expenses correspond to the cost of 2 return trips in economy class for each 4-month period during which the student is enrolled, up to 2 periods per year of allocation.

O.C. 344-2004, s. 36; O.C. 1086-2017, s. 11.

§ 5 . — Living expenses for a child

37. Living expenses for a child are allocated to a student if the student’s child or the child of the student’s spouse is of full age, is pursuing full-time studies, meets none of the conditions in subparagraphs 1 to 4 of the first paragraph of section 4 of the Act respecting financial assistance for education expenses (chapter A-13.3) and has no child.

If the student and child are not cohabiting, the living expenses for a child are allocated to the student only if the child is deemed to receive a contribution from the parents.

Living expenses for a child are also allocated to a student who has shared custody of his or her minor child if the student is not entitled to a family allowance under the Taxation Act (chapter I-3).

A student who is at least 20 weeks pregnant is entitled to living expenses for a child.

The living expenses for a child are $287 a month for each child.

Despite the third and fifth paragraphs, if no amount has been established as a spouse’s contribution, a student who is entitled to a family allowance under the Taxation Act is entitled to living expenses for a child equal to the amount obtained by subtracting the amount of a family allowance to which the student is entitled as a family allowance, calculated on a monthly basis, from the amount set out in the fifth paragraph.

If a student and his or her spouse are both full-time students, the living expenses for a child are allocated to one spouse only.

In addition, if custody of the child is shared, the living expenses for a child may be allocated to the student only if, during the year of allocation, the student has custody of the child for at least 25% of the time. The living expenses in such a case are allocated to the student in proportion to the time during which the student has custody of the child during the year of allocation.

O.C. 344-2004, s. 37; O.C. 698-2007, s. 11; O.C. 811-2008, s. 9; O.C. 1175-2009, s. 8; O.C. 971-2010, s. 9; O.C. 1009-2011, s. 11; O.C. 984-2013, s. 10; O.C. 627-2014, s. 15; O.C. 238-2015, s. 11; O.C. 301-2016, s. 11; O.C. 1086-2017, s. 12; O.C. 108-2019, s. 11; S.Q. 2019, c. 14, s. 666; O.C. 288-2020, s. 12; O.C. 1411-2021, s. 13; O.C. 1398-2022, s. 12; O.C. 1217-2023, s. 12.

§ 6 . — Child day-care expenses

38. Child day-care expenses are allocated for each child under 12 years of age and for each child aged 12 to 17 in respect of whom is paid a supplement for handicapped children within the meaning of the Taxation Act (chapter I-3).

Child day-care expenses allocated to the student correspond, for each month in the year of allocation during which the student is in any of the situations referred to in subparagraphs 2 and 3 of the first paragraph of section 24, to the amount obtained by multiplying the contribution fixed by a regulation made pursuant to section 82 of the Educational Childcare Act (chapter S-4.1.1) by 21.5.

If the student and his or her spouse are both full-time students, the child day-care expenses are allocated only once for each child.

In addition, if custody of the child is shared, child day-care expenses may be allocated to the student only if, during the year of allocation, the student has custody of the child for at least 50% of the time. The child day-care expenses in such a case are reduced by one-half if, during the year of allocation, the student does not have custody of the child for more than half the time.

O.C. 344-2004, s. 38; O.C. 698-2007, s. 12; O.C. 699-2024, s. 3.

39. (Revoked).

O.C. 344-2004, s. 39; O.C. 238-2015, s. 12.

§ 7 . — Expenses for residents in an outlying area

40. A student who attends an educational institution situated in an outlying area, if the student is deemed to receive a contribution from his or her parents or sponsor and is not deemed to reside with his or her parents or sponsor within the meaning of section 31, is allocated expenses of $84 per month, up to $673 per year of allocation.

The expenses referred to in the first paragraph are also allocated to the student who attends an educational institution in Québec if the student’s parents or sponsor live in an outlying area.

The following administrative regions constitute outlying areas: Bas-Saint-Laurent (01), Saguenay–Lac-Saint-Jean (02), Abitibi-Témiscamingue (08), Côte-Nord (09) and Gaspésie–Îles-de-la-Madeleine (11) and the territory of Ville de La Tuque and the territories of the regional county municipalities of Antoine-Labelle, Pontiac and La Vallée-de-la-Gatineau.

O.C. 344-2004, s. 40; O.C. 698-2007, s. 13; O.C. 811-2008, s. 10; O.C. 1175-2009, s. 9; O.C. 971-2010, s. 10; O.C. 1009-2011, s. 12; O.C. 984-2013, s. 11; O.C. 627-2014, s. 16; O.C. 238-2015, s. 13; O.C. 301-2016, s. 12; O.C. 1086-2017, s. 13; O.C. 108-2019, s. 12; O.C. 288-2020, s. 13; O.C. 1411-2021, s. 14; O.C. 1398-2022, s. 13; O.C. 1217-2023, s. 13.

§ 8 . — Medication, orthesis or treatment expenses

41. Visual orthesis expenses are allocated to a student who furnishes supporting documents to substantiate the purchase of visual orthesis for himself or herself or for his or her child or spouse’s child. Visual orthesis expenses are $213 per person per 2-year period of allocation.

O.C. 344-2004, s. 41; O.C. 301-2016, s. 13; O.C. 1086-2017, s. 14; O.C. 108-2019, s. 13; O.C. 288-2020, s. 14; O.C. 1411-2021, s. 15; O.C. 1398-2022, s. 14; O.C. 1217-2023, s. 14.

42. Medication or chiropractic treatment expenses are allocated to a student who furnishes supporting documents to substantiate the payment of medications on the list of insured medications drawn up by the Minister of Health and Social Services under section 60 of the Act respecting prescription drug insurance (chapter A-29.01) or chiropractic treatments prescribed by a physician or a specialized nurse practitioner, if such expenses incurred for the benefit of the student, his or her child or spouse’s child are not otherwise reimbursed.

Expenses for medications or chiropractic treatments correspond to the amount by which $16 exceeds the monthly expense.

O.C. 344-2004, s. 42; S.Q. 2020, c. 6, s. 37; O.C. 1411-2021, s. 16.

43. Despite section 24, a student who interrupts his or her full-time studies for a period not exceeding 4 months is allocated the medication, orthesis or treatment expenses paid during that period, in accordance with sections 41 and 42, for the month as of which the student resumes full-time studies.

O.C. 344-2004, s. 43.

DIVISION IV SUPPLEMENTS

44. An amount is allocated to a student, as a supplement, if the student

(1)  obtained financial assistance for the preceding year of allocation under the loans and bursaries program and no contribution is required from the student pursuant to section 1 for the year of allocation; and

(2)  interrupts his or her full-time studies before the beginning of the year of allocation or during the year of allocation for a period not exceeding 4 months and resumes the studies before the end of the year of allocation.

The amount allocated as a supplement is established by subtracting the sum of the amounts referred to in subparagraphs 2 and 3 of the first paragraph of section 1 and half the student’s employment income referred to in Schedule I from the sum of the amount allocated pursuant to sections 7 to 9 and half the amount allocated pursuant to sections 2 to 5.

No amount is allocated to a student pursuant to this section if no expense is allowable pursuant to section 28 for one of the months in the year of allocation.

O.C. 344-2004, s. 44.

45. An amount is allocated to a student as a supplement if the student’s income for the calendar year ending in the year of allocation is at least 10% lower than his or her income for the preceding calendar year and the student was eligible for financial assistance in the form of a bursary during the preceding year of allocation.

The amount allocated as a supplement is established by subtracting the amount of the student’s contribution for the year of allocation from the amount of the student’s contribution for the preceding year of allocation, and by dividing the result of that operation by 3.

No amount is allocated to the student pursuant to this section if, during one of the months of the calendar year ending in the year of allocation, the student is not a full-time student or no expense is allowable pursuant to section 28 for one of the months in the year of allocation.

O.C. 344-2004, s. 45; O.C. 1086-2017, s. 15.

DIVISION V STUDENT DEEMED TO BE FULL-TIME

46. A student is deemed to pursue studies recognized by the Minister or the Minister of Education, Recreation and Sports on a full-time basis if he or she is pursuing studies on a part-time basis and

(1)  does not have a spouse and cohabits with his or her child who is under 12 years of age;

(2)  is at least 20 weeks pregnant;

(3)  cohabits with his or her child from the child’s birth until the age as of which the child is subject to compulsory school attendance;

(4)  the student’s capacity for employment is limited within the meaning of the Individual and Family Assistance Act (chapter A-13.1.1) and the student is participating, under that Act, in a social assistance and support measure or program, or the basic income program;

(5)  cannot pursue full-time studies for more than one month due to episodic disorders resulting from a deficiency other than a major functional deficiency within the meaning of section 47, attested to in a medical certificate.

If a supplement for handicapped children is paid in respect of the child under the Taxation Act (chapter I-3), the period during which the student is deemed to pursue studies recognized by the Minister or the Minister of Education, Recreation and Sports on a full-time basis is extended.

If the student and his or her spouse are both students, only one of them, for the same year of allocation, may be deemed to pursue studies recognized by the Minister or the Minister of Education, Recreation and Sports on a full-time basis pursuant to subparagraph 3 of the first paragraph.

O.C. 344-2004, s. 46; O.C. 698-2007, s. 14; O.C. 811-2008, s. 11; S.Q. 2013, c. 28, s. 190; O.C. 1086-2017, s. 16; O.C. 1398-2022, s. 15; O.C. 699-2024, s. 4.

DIVISION VI MAJOR FUNCTIONAL DEFICIENCIES

47. Any deficiency that results in significant and persistent disability despite the means used to palliate it and that causes the student to encounter serious obstacles in pursuing full-time studies and in potentially entering the labour market is a major functional deficiency.

O.C. 344-2004, s. 47; O.C. 699-2024, s. 5.

48. A major functional deficiency must be attested to in a medical certificate.

The evaluation of the disabilities and obstacles related to the deficiency must be made by a professional within the meaning of the Professional Code (chapter C-26) having the skills required for performing such an evaluation.

The evaluation must take into consideration the means used to palliate the disability or to mitigate its effects, as well as the medication, therapy and any other element used to correct or diminish the disability.

O.C. 344-2004, s. 48; O.C. 699-2024, s. 6.

DIVISION VII MAXIMUM LOAN AMOUNT

49. The amount of the first portion of a loan used for the computation provided for in section 14 of the Act respecting financial assistance for education expenses (chapter A-13.3) is determined as follows:

(1)  $1,000 at the secondary level, in vocational training;

(2)  $1,000 at the college level;

(3)  $2,400 at the university level.

O.C. 344-2004, s. 49.

50. The maximum amount of a loan granted for the year of allocation to a student attending an educational institution designated by the Minister or the Minister of Education, Recreation and Sports for the granting of loans and bursaries is determined as follows:

(1)  $16,697 at the secondary level, in vocational training;

(2)  $16,697 at the college level;

(3)  $20,580 at the university level.

As of the 2014-2015 year of allocation, the amount provided for in subparagraph 3 of the first paragraph is adjusted annually. The adjustment corresponds to the difference between the amount of the basic tuition fees, determined per credit and multiplied by 30, for the year of allocation concerned and the amount determined and thus multiplied for the preceding year of allocation. The adjusted amount is made public by the Minister on the website not later than 1 September of the year of allocation to which it applies.

If the student cohabits with his or her child or spouse’s child, the amount determined under the first paragraph is increased by the following amount according to the number of children:

(1)  $4,499 for 1 child;

(2)  $5,696 for 2 children;

(3)  $6,897 for 3 children or more.

O.C. 344-2004, s. 50; O.C. 698-2007, ss. 15 and 21; O.C. 811-2008, ss. 12 and 16; O.C. 1175-2009, ss. 10 and 14; O.C. 971-2010, ss. 11 and 15; O.C. 1009-2011, ss. 13 and 30; O.C. 774-2012, ss. 4 and 11; O.C. 452-2013, ss. 5 and 17; O.C. 984-2013, s. 12; S.Q. 2013, c. 28, s. 190; O.C. 627-2014, s. 17; O.C. 238-2015, s. 14; O.C. 301-2016, s. 14; O.C. 1086-2017, s. 17; O.C. 108-2019, s. 14; O.C. 288-2020, s. 15; O.C. 1411-2021, s. 17; O.C. 1398-2022, s. 16; O.C. 1217-2023, s. 15.

51. The maximum amount of a loan is increased by the following amount for each month in the year of allocation during which a student is in one of the situations referred to in subparagraphs 2 to 4 of the first paragraph of section 24:

(1)  $235 at the secondary level, in vocational training;

(2)  $257 at the college level;

(3)  $356 at the undergraduate university level or the equivalent;

(4)  $470 at the undergraduate university level, if the student has obtained an undergraduate degree in Québec or an undergraduate degree or the equivalent outside Québec;

(5)  $470 at the master’s or doctoral level.

The maximum amount of a loan is increased by the amount of the fees allocated to a student pursuant to section 29, in the following cases:

(1)  the student attends a private institution at the secondary level in vocational training or at the college level where the student pursues studies in a program subsidized under the Act governing that institution;

(2)  the student attends an institution at the secondary level in vocational training or at the college level where the student pursues studies in a program not subsidized under the Act governing that institution;

(3)  the student attends the École nationale de police du Québec; or

(4)  the student attends an educational institution outside Québec.

The amount established in subparagraph 2 of the first paragraph is increased to $367 if the student attends an educational institution at the college level where the student pursues studies in a program referred to in subparagraph 2 of the second paragraph.

O.C. 344-2004, s. 51; O.C. 670-2004, s. 2; O.C. 623-2005, s. 1; O.C. 238-2015, s. 15; O.C. 301-2016, s. 15; O.C. 1086-2017, s. 18; O.C. 108-2019, s. 15; O.C. 288-2020, s. 16; O.C. 1411-2021, s. 18; O.C. 1398-2022, s. 17; O.C. 1217-2023, s. 16.

51.1. (Revoked).

O.C. 774-2012, ss. 5 and 12; O.C. 452-2013, s. 6.

52. The maximum amount of a loan granted to a student attending an educational institution designated by the Minister or the Minister of Education, Recreation and Sports for the granting of loans only is $1,109 for each month in the year of allocation during which the student is pursuing studies on a full-time basis.

O.C. 344-2004, s. 52; S.Q. 2013, c. 28, s. 190; O.C. 238-2015, s. 16; O.C. 301-2016, s. 16; O.C. 1086-2017, s. 19; O.C. 108-2019, s. 16; O.C. 288-2020, s. 17; O.C. 1411-2021, s. 19; O.C. 1398-2022, s. 18; O.C. 1217-2023, s. 17.

53. Despite sections 49 to 52, if the amount obtained after subtracting the amount of the first portion of a loan determined under section 49 from the amount determined as the contribution of the parents, sponsor or spouse exceeds the amount determined as allowable expenses, the maximum amount of the loan is established after subtracting the amount exceeding the amount determined as allowable expenses from the amount of the increase established pursuant to section 51.

O.C. 344-2004, s. 53; O.C. 774-2012, s. 6; O.C. 452-2013, s. 7.

DIVISION VIII PORTION OF THE MAXIMUM AMOUNT OF A LOAN USED IN COMPUTING A BURSARY

54. The portion of the maximum amount of a loan used in computing a bursary granted to a student for a year of allocation corresponds to the amount of increase in the maximum amount of a loan established pursuant to section 51.

Despite the foregoing, where the amount of bursary computed in accordance with the first paragraph is less than $25, assistance is paid in the form of a loan only.

O.C. 344-2004, s. 54; O.C. 774-2012, s. 6; O.C. 452-2013, s. 7; O.C. 1086-2017, s. 20.

54.1. The amount of the increase of the maximum amount of a loan established pursuant to section 51 and used in computing a bursary granted to a student for the year of allocation is reduced by half for the months of the year of allocation during which the student is deemed to pursue full-time studies, pursuant to section 46 or the first paragraph of section 10 of the Act respecting financial assistance for education expenses (chapter A-13.3).

O.C. 1217-2023, s. 18.

55. If a student ceases to be eligible for a bursary during the year of allocation, the portion of the maximum amount of a loan is increased by the amount obtained by subtracting the amount obtained by multiplying the amounts established as the contribution of the student, his or her parents, sponsor or spouse, if applicable, by the fraction that the number of months in the year of allocation for which the student is not eligible for a bursary is of the number of months in the year of allocation for which allowable expenses are allocated to the student, from the amount of allowable expenses allocated for the months in the year of allocation during which the student is not eligible for a bursary.

O.C. 344-2004, s. 55.

DIVISION IX ELIGIBILITY PERIOD

56. A student is eligible for financial assistance in the form of a loan for the following length of time:

(1)  35 months at the secondary level, in vocational training;

(2)  42 months at the college level, for technical studies;

(3)  33 months at the college level, for pre-university studies;

(4)  39 months at the undergraduate university level;

(5)  31 months at the master’s level;

(6)  47 months at the doctoral level.

Despite the foregoing, if the duration of the course of study pursued by the student, to which a period of 15 months is added, exceeds the number of months of eligibility determined under the first paragraph, the student’s eligibility period for financial assistance in the form of a loan is the period corresponding to the number of months so obtained.

In addition, the student may not receive financial assistance in the form of a loan for more than 63 months if the student pursues studies at the college level, for more than 88 months if the student pursues studies at the university level and for more than 8 months in each cycle if the student is not enrolled in a university course of study.

Professional training courses and examinations dispensed by a professional order governed by the Professional Code (chapter C-26) or by a school under its control to a student who has obtained the undergraduate university degree necessary to enrol in the courses and sit for the examinations are considered to be university studies at the master’s level.

A student who is eligible for financial assistance in the form of a loan for the first month in the year of allocation remains eligible for such financial assistance for all the other months in the year of allocation.

Only half of the months during which the student is deemed to pursue full-time studies, pursuant to section 46 or the first paragraph of section 10 of the Act respecting financial assistance for education expenses (chapter A-13.3), are taken into account.

O.C. 344-2004, s. 56; S.Q. 2013, c. 28, s. 190; O.C. 1086-2017, s. 21; O.C. 1217-2023, s. 19.

57. A student is eligible for financial assistance in the form of a bursary for the number of months obtained by subtracting 9 months from the number of months determined under section 56.

O.C. 344-2004, s. 57.

58. If the student cohabits with his or her child or spouse’s child, the eligibility period for financial assistance in the form of a bursary determined under section 57 is extended in such manner that it corresponds to the eligibility period for financial assistance in the form of a loan.

For the purpose of computing financial assistance in the form of a bursary, only the allowable expenses referred to in sections 33, 37 and 38 are taken into account.

O.C. 344-2004, s. 58.

DIVISION X LEVEL OF INDEBTEDNESS

59. The balance of all guaranteed loans, at every level of education and cycle, may not exceed

(1)  $22,000 for a student in vocational training at the secondary level;

(2)  $16,000 for a student at the college level for pre-university studies;

(3)  $23,000 for a student at the college level for technical studies;

(4)  $30,000 for a student at the undergraduate university level for a course of study of fewer than 28 months;

(5)  $36,000 for a student at the undergraduate university level for a course of study of 28 months or more;

(6)  $42,000 for a student at the master’s level for a course of study of fewer than 20 months;

(7)  $48,000 for a student at the master’s level for a course of study of 20 months or more;

(8)  $55,000 for a student at the doctoral level.

Despite the first paragraph, the maximum level of indebtedness is increased to $27,000 for a student pursuing his or her studies at the college level in a course of study not recognized for the purposes of subsidies granted under the Act governing the educational institution or in a course of study offered by a private educational institution. The maximum level of indebtedness is increased to $55,000 for a student pursuing studies at the university level in Canada, outside Québec, and to $70,000 for a student attending an educational institution outside Canada.

For the purposes of this section, an amount corresponding to the amount of the bursary to be paid, if applicable, to the financial institution for the preceding year of allocation or an amount of financial assistance in the form of a loan that is recovered by the Minister during the year of allocation pursuant to section 99 is not taken into account. Despite the foregoing, an amount of financial assistance in the form of a bursary repayable to the Minister is taken into account.

O.C. 344-2004, s. 59; O.C. 670-2004, s. 3.

DIVISION XI EXTENSION OF THE FULL EXEMPTION PERIOD

60. If a student interrupts his or her full-time studies owing to any of the following events, the full exemption period is extended, as of the month following the month in which the event occurs, for the following duration:

(1)  4 months for a student who reaches the 20th week of her pregnancy;

(2)  8 months for a student who gives birth to a child;

(3)  8 months for a student who adopts a child or whose spouse gives birth to a child;

(4)  8 months for a student who cannot pursue studies owing to a disability attested to in a medical certificate and that lasts for more than 1 month;

(5)  the duration, up to 24 months, of the functions of a student elected to exercise functions within an organization of student associations;

(6)  the duration, up to 24 months, of the posting of a student who is a member of the reserve force serving on an operation.

In addition, the student’s full exemption period is extended until the end of the year of allocation if the exemption period ends after the month of April.

O.C. 344-2004, s. 60; O.C. 386-2009, s. 1.

61. A student’s full exemption period is extended if the student is serving a period of training as part of a course of study under a cooperative plan until the end of the training, or until the end of studies if the student is pursuing full-time studies at the secondary level in an educational institution governed by the Education Act (chapter I-13.3) or the Act respecting private education (chapter E-9.1).

O.C. 344-2004, s. 61; O.C. 238-2015, s. 17.

62. A student’s full exemption period is extended for the duration of the student’s partial exemption period if the student, after interrupting his or her full-time studies, resumes the studies before the end of the partial exemption period.

O.C. 344-2004, s. 62.

DIVISION XII REMISSION OF A PART OF THE LOAN BY THE MINISTER

63. A borrower who receives financial assistance in the form of a bursary for each year of allocation during which he or she pursues a course of technical studies at the college level leading to a diploma of college studies, completes the studies within the number of sessions and years of study stipulated by the educational institution for completing the program as structured by the educational institution, and obtains official certification thereof is entitled, on application to the Minister and up to the amount established pursuant to sections 54 and 55, to a 15% reduction on the value of the guaranteed loans contracted to complete the program.

O.C. 344-2004, s. 63; O.C. 1411-2021, s. 20.

64. A borrower who receives financial assistance in the form of a bursary for each year of allocation during which he or she pursues a course of undergraduate studies at the university level leading to a degree, completes the studies within the number of sessions and years of study stipulated by the educational institution for completing the program as structured by the educational institution, and obtains official certification thereof is entitled, on application to the Minister and up to the amount established pursuant to sections 54 and 55, to a 15% reduction on the value of the guaranteed loans contracted to complete the program and, if applicable, on the value of the following guaranteed loans:

(1)  loans contracted during his or her college studies in a course of studies leading to a diploma of college studies if he or she receives financial assistance in the form of a bursary for each year of allocation, completes the studies within the number of sessions and years of study stipulated by the educational institution for completing the program as structured by the educational institution, and obtains official certification thereof;

(2)  loans contracted during his or her master’s or doctoral studies if he or she receives financial assistance in the form of a bursary, completes the studies within the number of sessions and years of study stipulated by the educational institution for completing the program as structured by the educational institution, and obtains official certification thereof.

O.C. 344-2004, s. 64; O.C. 1411-2021, s. 21.

65. The amount remitted pursuant to sections 63 and 64 is paid by the Minister to the financial institution holding the debts relating to the guaranteed loans, to be applied to repayment of the loans.

O.C. 344-2004, s. 65.

DIVISION XIII MANAGEMENT OF A LOAN

§ 1 . — Presentation of the guarantee certificate and payment of the loan

66. A student must present his or her guarantee certificate issued by the Minister to the financial institution within 90 days of the date on the certificate.

O.C. 344-2004, s. 66.

67. The financial institution and the student must enter into a loan agreement governing the disbursement of the amounts corresponding to the monthly or periodic instalments established by the Minister.

The financial institution and the student may at that time agree on repayment terms and conditions.

Despite the foregoing, a financial institution may not enter into a loan agreement as long as any debt relating to a loan previously granted to the student under the Act respecting financial assistance for education expenses (chapter A-13.3) has not been assigned to it.

O.C. 344-2004, s. 67.

§ 2 . — Repayment

68. Unless the borrower has agreed on the repayment terms and conditions or has been recognized as a borrower in a precarious financial situation within the meaning of section 74, the borrower must, at the end of the partial exemption period, enter into a repayment agreement with the creditor financial institution in relation to the loan and any capitalized interest.

O.C. 344-2004, s. 68.

69. The repayment agreement must determine the amount of the payments agreed on to repay the principal and interest or the method agreed on to determine such an amount.

The rate of interest to be applied is fixed at the end of the full exemption period.

The rate of interest is again fixed at the end of the partial exemption period. From that date, the rate of interest is a variable rate that fluctuates as provided in section 73.

The borrower and the financial institution may, at any time, agree on other repayment terms and conditions.

O.C. 344-2004, s. 69.

70. A borrower may, from the end of the partial exemption period, require that the rate of interest applicable to the balance of any loan granted under the Act be the hypothecary interest rate offered by the financial institution for the term chosen by the borrower.

The borrower and the financial institution may agree on a term that exceeds the terms for which a hypothecary interest rate is offered. In such a case, the applicable rate of interest is the hypothecary interest rate offered by the financial institution for the longest term.

The repayment agreement must indicate the rate of interest and the amount and number of payments agreed on by the borrower and the financial institution for full repayment of all of the principal and interest. Subsequent modifications may be made only on agreement.

O.C. 344-2004, s. 70.

§ 3 . — Interest

71. The rate of interest applicable to the payment of interest by the Minister on a loan granted under the Act is fixed monthly, on the month preceding the month for which the rate is applicable, as follows: the rate is equal to the banker’s acceptance rate in force on the first working day of the month the rate of interest is fixed, plus 150 basis points.

The expression “banker’s acceptance rate” means the banker’s acceptance rate in Canadian dollars for 1 month, published by the Investment Industry Regulatory Organization of Canada.

O.C. 344-2004, s. 71; O.C. 288-2020, s. 18.

72. Payment of interest by the Minister is made at the latest at the end of the month following the month for which the interest is payable.

O.C. 344-2004, s. 72.

73. The rate applicable to the payment of interest by the borrower is equal to preferential rate, plus 50 basis points. That rate of interest fluctuates in relation to the variations in preferential rate.

The expression “preferential rate” means the rate fixed by the Bank of Canada for a given day as the standard to be used by financial institutions and published in its Daily Summary.

O.C. 344-2004, s. 73; O.C. 288-2020, s. 19.

§ 4 . — Precarious financial situation

74. A borrower is in a precarious financial situation if the borrower’s monthly income is less than the amount obtained by adding $1.75 to the minimum wage set out in section 3 of the Regulation respecting labour standards (chapter N-1.1, r. 3) and by multiplying that sum by 160.21, and the borrower expects his or her income to remain such for the following 5 months.

The amount determined under the first paragraph is increased by $287 for each child of the borrower. The amount is further increased by $143 if the borrower has no spouse and lives with the child.

O.C. 344-2004, s. 74; O.C. 698-2007, s. 16; O.C. 811-2008, s. 13; O.C. 1175-2009, s. 11; O.C. 971-2010, s. 12; O.C. 1009-2011, s. 14; O.C. 984-2013, s. 13; O.C. 627-2014, s. 18; O.C. 238-2015, s. 18; O.C. 301-2016, s. 17; O.C. 1086-2017, s. 22; O.C. 108-2019, s. 17; O.C. 288-2020, s. 20; O.C. 1411-2021, s. 22; O.C. 1398-2022, s. 19; O.C. 1217-2023, s. 20.

74.1. A borrower is also in a precarious financial situation if the monthly payment necessary for the borrower to repay the balance of the principal and interest of his or her loan within 180 months following the end of the partial exemption period is greater than the minimum monthly payment the borrower is able to make in his or her situation, and the borrower expects the situation to remain such for the following 5 months.

For the purposes of the first paragraph, the amount of the minimum monthly payment is computed by multiplying the borrower’s monthly income by the percentage obtained by

(1)  subtracting, from the borrower’s monthly income, the amount computed in accordance with section 74;

(2)  dividing the amount obtained under subparagraph 1 by the number 25,000 increased, if applicable, by 7,500 for each child of the borrower and by 10,000 if the borrower has no spouse and lives with his or her child; and

(3)  adding 0.02 to the number obtained under subparagraph 2.

Despite the second paragraph, the amount of the minimum monthly payment may not exceed 20% of the borrower’s monthly income.

The rate of interest applicable to the computation of the monthly payment necessary for the borrower to repay the balance of the principal and interest of his or her loan within the time fixed in the first paragraph is a variable rate that fluctuates as provided in section 73.

O.C. 1009-2011, s. 15; O.C. 1086-2017, s. 23.

74.2. For the purposes of sections 74 and 74.1, the borrower’s monthly income is established by adding up the borrower’s income referred to in Schedules I and II and all the amounts received as bursaries from a public or private organization, except for education savings plans, and, for the 2021-2022 year of allocation, any income earned by the student through employment with an organization mentioned in the third paragraph of Schedule I.

O.C. 1086-2017, s. 24; O.C. 1411-2021, s. 23.

75. A borrower may apply to the Minister to be recognized as a borrower in a precarious financial situation for a maximum period of 6 months ending not later than 120 months after the end of the partial exemption period, if the borrower is in such a situation at the time of application.

Recognition of the borrower’s precarious financial situation suspends the performance of the repayment agreement.

During the period provided for in the first paragraph, the Minister pays to the financial institution, on behalf of the borrower, the interest on the balance of the guaranteed loans and any capitalized interest at the rate provided for in section 73.

Despite the foregoing, a borrower referred to in section 74.1 must, during any time he or she is recognized as a borrower in a precarious financial situation, pay to his or her financial institution the minimum monthly payment computed under the second paragraph of that section.

Section 72 applies to payment of the interest by the Minister.

O.C. 344-2004, s. 75; O.C. 1009-2011, s. 16.

76. On the expiry of the period determined under section 75, the borrower may apply to the Minister to be again recognized as a borrower in a precarious financial situation.

In the case provided for in section 74.1, a borrower may not be recognized again as a borrower in a precarious financial situation if the borrower fails to make a monthly payment payable pursuant to the fourth paragraph of section 75.

A borrower may not, however, be recognized as being in a precarious financial situation for more than 60 months during the borrower’s lifetime.

O.C. 344-2004, s. 76; O.C. 1009-2011, s. 17.

77. A borrower who ceases to be in a precarious financial situation must begin to make the monthly payments payable pursuant to the repayment agreement to the financial institution.

A borrower who was not required to enter into a repayment agreement at the end of the partial exemption period must enter into such an agreement as soon as the borrower ceases to be in a precarious financial situation.

O.C. 344-2004, s. 77.

§ 5 . — Borrower in default

78. A borrower is in default if the borrower

(1)  avails himself or herself of or is subject to an Act relating to bankruptcy, insolvency or the protection of debtors;

(2)  refuses, neglects or fails to enter into a repayment agreement; or

(3)  refuses, neglects or fails to make a payment due under the repayment agreement and that refusal, negligence or failure extends beyond 30 days.

O.C. 344-2004, s. 78.

79. As soon as the borrower is in default, the balance of the principal and interest of the loan becomes payable.

O.C. 344-2004, s. 79.

80. If the Minister reimburses to the financial institution the losses in principal and interest resulting from a guaranteed loan pursuant to section 28 of the Act respecting financial assistance for education expenses (chapter A-13.3), the rate of interest to be paid by the borrower in default is, as of the reimbursement, a variable rate that fluctuates as provided in section 73.

O.C. 344-2004, s. 80.

§ 6 . — Resumption of studies

81. If a borrower resumes being a full-time student, any unpaid interest owing is capitalized.

This section does not apply to a student who, pursuant to section 43 of the Act respecting financial assistance for education expenses (chapter A-13.3), must agree with the Minister on repayment terms and conditions.

O.C. 344-2004, s. 81.

CHAPTER II LOANS PROGRAM FOR PART-TIME STUDIES IN VOCATIONAL TRAINING AT THE SECONDARY LEVEL AND FOR PART-TIME STUDIES AT THE POSTSECONDARY LEVEL

DIVISION I ELIGIBILITY

82. A student whose annual financial resources are less than $43,575 is eligible for a loan.

The amount mentioned the first paragraph is increased to $75,000 if the student has a spouse or is deemed to receive a contribution from his or her parents or sponsor. The amount, however, remains unchanged if the student is in any of the situations referred to in section 21.

The amounts mentioned in the first and second paragraphs are increased by $3,450 for each child if the student cohabits with his or her child or spouse’s child. The amount mentioned in the first paragraph is increased by $2,583 if the student has no spouse and cohabits with his or her child.

O.C. 344-2004, s. 82; O.C. 811-2008, s. 14; O.C. 1175-2009, s. 12; O.C. 971-2010, s. 13; O.C. 1009-2011, s. 18; O.C. 774-2012, ss. 7 and 13; O.C. 452-2013, ss. 8 and 17; O.C. 984-2013, s. 14; O.C. 627-2014, s. 19; O.C. 238-2015, s. 19; O.C. 301-2016, s. 18; O.C. 1086-2017, s. 25; O.C. 108-2019, s. 18; O.C. 288-2020, s. 21; O.C. 1411-2021, s. 24; O.C. 1398-2022, s. 20; O.C. 1783-2022, s. 1; O.C. 1217-2023, s. 21.

83. The financial resources of a student consist of the total income appearing in his or her income tax return filed in accordance with section 1000 of the Taxation Act (chapter I-3) for the calendar year ending before the beginning of the year of allocation and confirmed by the assessment notice transmitted in accordance with that Act.

In addition, where the student has a spouse or is deemed to receive a contribution from his or her parents or sponsor, their income is added to the amount established in accordance with the first paragraph, as the case may be, and consists of the total income appearing in their respective income tax return filed in accordance with section 1000 of the Taxation Act for the calendar year ending before the beginning of the year of allocation and confirmed by the assessment notice transmitted in accordance with that Act.

However, the total income appearing in the income tax return of one of those persons must be reduced, where applicable, by the amount of the retirement income transferred by the spouse and by the amount transferred from a locked-in retirement account and for which a deduction has been made

In the case provided for in section 13, the parent’s income consists only of the income of the sole parent whose income must be taken into account pursuant to that section.

Despite the second paragraph, if the student is in any of the situations referred to in section 21, the income of the spouse, parents or sponsor is not taken into account.

O.C. 344-2004, s. 83; O.C. 627-2014, s. 20; O.C. 238-2015, s. 20.

84. Despite section 83, if a student’s financial resources for the calendar year ending during the year of allocation are at least 10% lower than his or her financial resources for the preceding calendar year, the financial resources taken into account are those for the calendar year ending during the year of allocation.

O.C. 344-2004, s. 84.

DIVISION II ALLOWABLE EXPENSES

85. The expenses allowable for the purpose of computing the amount of financial assistance are

(1)  school fees;

(2)  child day-care expenses; and

(3)  transportation expenses.

O.C. 344-2004, s. 85; O.C. 1009-2011, s. 19; O.C. 452-2013, s. 9; O.C. 984-2013, s. 15.

86. An amount is allocated to a student for school fees for each trimester, determined as follows:

(1)  $2.56 per course hour at the secondary level, for vocational training;

(2)  $3.82 per course hour at the college level;

(3)  $148.95 per credit at the university level.

The amount in subparagraph 2 of the first paragraph is increased to $12.77 if the student is attending a private educational institution.

As of the 2014-2015 year of allocation, the amount provided for in subparagraph 3 of the first paragraph is adjusted annually. The adjustment corresponds to the difference between the amount of the basic tuition fees, determined per credit, for the year of allocation concerned and the amount determined for the preceding year of allocation. The adjusted amount is made public by the Minister on the website not later than 1 September of the year of allocation to which it applies.

O.C. 344-2004, s. 86; O.C. 698-2007, ss. 17 and 22; O.C. 811-2008, ss. 15 and 17; O.C. 1175-2009, ss. 13 and 15; O.C. 971-2010, ss. 14 and 16; O.C. 1009-2011, ss. 20 and 31; O.C. 774-2012, ss. 8 and 14; O.C. 452-2013, ss. 10 and 17; O.C. 984-2013, s. 16; O.C. 627-2014, s. 21; O.C. 238-2015, s. 21; O.C. 301-2016, s. 19; O.C. 1086-2017, s. 26; O.C. 108-2019, s. 19; O.C. 288-2020, s. 22; O.C. 1411-2021, s. 25; O.C. 1398-2022, s. 21; O.C. 1217-2023, s. 22.

87. An amount for each child is allocated to a student for child-care expenses for each trimester if

(1)  the student cohabits with his or her child or spouse’s child; and

(2)  the child is under 12 years of age or, if aged 12 to 17, a supplement for handicapped children is paid in respect of the child under the Taxation Act (chapter I-3).

Child-care expense correspond to the amount obtained by multiplying the contribution set in a regulation made pursuant to section 82 of the Educational Childcare Act (chapter S-4.1.1) by 70.

O.C. 344-2004, s. 87; O.C. 301-2016, s. 20; O.C. 699-2024, s. 7.

87.1. An amount of $437 is allocated to a student for transportation expenses for each trimester if he or she studies in an outlying area listed in the third paragraph of section 40.

O.C. 1009-2011, s. 21; O.C. 452-2013, s. 11; O.C. 984-2013, s. 17; O.C. 627-2014, s. 22; O.C. 238-2015, s. 22; O.C. 301-2016, s. 21; O.C. 1086-2017, s. 27; O.C. 108-2019, s. 20; O.C. 288-2020, s. 23; O.C. 1411-2021, s. 26; O.C. 1398-2022, s. 22; O.C. 1217-2023, s. 23.

88. Despite sections 86, 87 and 87.1, no amount is allocated to a student in respect of a category of allowable expenses if amounts are granted by a government department or body to the student for the same purpose for the trimester concerned.

O.C. 344-2004, s. 88; O.C. 1009-2011, s. 22; O.C. 452-2013, s. 12; O.C. 984-2013, s. 18.

89. No guarantee certificate is issued for an amount of financial assistance under $100.

O.C. 344-2004, s. 89.

DIVISION III PERIOD OF ELIGIBILITY

90. A student is eligible for financial assistance in the form of a loan for a maximum of 14 trimesters.

O.C. 344-2004, s. 90.

DIVISION IV LEVEL OF INDEBTEDNESS

91. The balance of all guaranteed loans under the loans program may not exceed $8,000.

O.C. 344-2004, s. 91; O.C. 1009-2011, s. 23; O.C. 452-2013, s. 13.

DIVISION V MANAGEMENT OF A LOAN

92. The provisions of Division XIII of Chapter I apply, with the necessary modifications, if the borrower obtains a loan pursuant to Division II of Chapter III of the Act respecting financial assistance for education expenses (chapter A-13.3).

O.C. 344-2004, s. 92.

CHAPTER III GENERAL

DIVISION I RESIDENCE IN QUÉBEC

93. A student studying in Québec or, if studying outside Québec, resides in Québec, has his or her residence in Québec if

(1)  the student was born in Québec or was adopted by a person who had his or her residence in Québec at the time of the adoption;

(2)  one of the student’s parents or his or her sponsor has his or her residence in Québec;

(3)  the student’s parents or sponsor are deceased and one of the parents or the sponsor had his or her residence in Québec at the time of the death;

(4)  the student maintains a residence in Québec even though his or her parents or sponsor have ceased to reside in Québec;

(5)  Québec is the last place where the student resided for 12 consecutive months while not pursuing studies or during 24 consecutive months while still at school other than full-time during this period;

(6)  the student holds a selection certificate issued under section 22 of the Québec Immigration Regulation (chapter I-0.2.1, r. 3);

(7)  the student has been residing in Québec for at least 3 months without having resided in another province for more than 3 months;

(8)  the student resided in Québec according to paragraphs 2, 4, 5 or 7 for 3 consecutive years within the last 5 years; or

(9)  the student’s spouse resides or resided in Québec according to paragraph 1, 5, 6, 7 or 8.

O.C. 344-2004, s. 93; O.C. 1086-2017, s. 28; O.C. 288-2020, s. 24; I.N. 2022-09-01.

94. A student who has been outside Québec for 5 years or less and who, at the time of departure, had been residing in Québec for at least 2 years and was in one of the situations set out in paragraph 1, 2, 3, 5, 6, 7, 8, or 9 of section 93 is deemed to reside in Québec.

Moreover, the student must be pursuing studies outside Québec and be in one of the following situations:

(1)  the student’s parents or sponsor have their residence in Québec;

(2)  the student’s parents or sponsor had their residence in Québec before their departure from Québec, if they have been outside Québec for less than 3 years;

(3)  the student has not interrupted full-time studies for more than 12 consecutive months since the date of the student’s departure.

O.C. 344-2004, s. 94; O.C. 1086-2017, s. 29; O.C. 1411-2021, s. 27.

DIVISION II TIME LIMIT FOR MAKING AN APPLICATION FOR FINANCIAL ASSISTANCE

95. No application for financial assistance is accepted more than 30 days after the last month in the year of allocation during which the student is pursuing studies according to the applicable program of financial assistance.

O.C. 344-2004, s. 95; O.C. 1086-2017, s. 30.

95.1. All documents required as part of an application for financial assistance for education expenses must be received not later than 29 December following the end of the year of allocation.

O.C. 1086-2017, s. 31.

DIVISION III ADVANCE FINANCIAL ASSISTANCE

96. The Minister may grant advance financial assistance to a student who has applied for financial assistance and is in a serious and exceptional situation that makes the student unable to meet the more immediate and urgent essential needs. A student is in such situation when, in the previous and current months, he or she

(1)  has less resources than the living expenses determined in sections 32 and 33 in the form of cash, property and available credit; and

(2)  has no income or has an income enabling him or her to meet only one of the essential needs, like the need for food, lodging, heating, electricity and clothing.

The Minister may also grant advance financial assistance to a student who has applied for financial assistance and has, in the preceding month, received last resort financial assistance, a basic income or an Aim for Employment benefit under the Individual and Family Assistance Act (chapter A-13.1.1).

The amount of the loan is $500 unless the student cohabits with his or her child or spouse’s child, in which case the amount is $775.

O.C. 344-2004, s. 96; O.C. 698-2007, s. 18; O.C. 627-2014, s. 23; O.C. 108-2019, s. 21; O.C. 1783-2022, s. 2.

DIVISION IV CHANGE IN CIRCUMSTANCES

97. Any change in circumstances that affects the amount of financial assistance is taken into account only from the month following the month during which the change occurred.

O.C. 344-2004, s. 97.

DIVISION V FINANCIAL ASSISTANCE RECEIVED WITHOUT ENTITLEMENT

98. Financial assistance in the form of a loan received by a student without entitlement is recovered by the Minister from any financial assistance granted for subsequent years of allocation, if any.

The amount of financial assistance subject to recovery is determined by subtracting the sum obtained after adding $1,000 to the amount of financial assistance in the form of a loan to which the student is entitled for the year of allocation from the amount of financial assistance in the form of a loan received for the year of allocation.

If the amount of financial assistance in the form of a loan to which the student is entitled for the year of allocation is less than the amount of the portion of the maximum amount of the loan established pursuant to section 54, the amount of financial assistance subject to recovery is determined by subtracting the sum obtained after adding $1,000 to the amount of that portion of the maximum amount of the loan from the amount of financial assistance received for the year of allocation.

O.C. 344-2004, s. 98.

99. Recovery is effected by the Minister according to the following recovery schedule:

(1)  1 year if the amount of recovery does not exceed $2,000;

(2)  2 years if the amount of recovery exceeds $2,000 without exceeding $4,000;

(3)  3 years if the amount of recovery exceeds $4,000.

Financial assistance received by a student without entitlement is recovered in an amount up to $2,000 per year of allocation, except if the amount received without entitlement is over $6,000, in which case a third of the amount may be recovered per year of allocation.

O.C. 344-2004, s. 99.

100. Financial assistance in the form of a bursary received by a student without entitlement is recovered by the Minister from any financial assistance granted for subsequent years of allocation, in accordance with the following rules:

(1)  an amount corresponding to the financial assistance in the form of a bursary received by the student without entitlement is recovered from the financial assistance granted in the form of a loan for the subsequent years of allocation in accordance with the rules in sections 98 and 99; and

(2)  the amount of financial assistance in the form of a bursary received by the student without entitlement is recovered from the financial assistance granted in the form of a bursary until the amount owing is recovered in full.

O.C. 344-2004, s. 100.

DIVISION VI RATE OF INTEREST APPLICABLE TO FINANCIAL ASSISTANCE RECEIVED WITHOUT ENTITLEMENT

101. The amount of financial assistance in the form of a bursary received without entitlement bears interest at the rate fixed at the end of the student’s full exemption period. The rate of interest is, as of that date, a variable rate that fluctuates as provided in section 73.

O.C. 344-2004, s. 101.

DIVISION VII ASSIGNMENT OF DEBTS

102. A borrower may at any time designate another financial institution recognized as a loan granting institution by the Minister as the creditor of all guaranteed loans granted to the borrower.

The financial institution in such case must assign any debt relating to the guaranteed loans held by it to the designated financial institution agreeing to enter into a loan agreement with the borrower.

O.C. 344-2004, s. 102.

103. If the Minister ceases to recognize a financial institution as a loan granting institution, any debt relating to a guaranteed loan for which the Minister pays the interest must be assigned by the financial institution to the institution designated by the borrower or, where no designation is made by the borrower, by the Minister, from among the other recognized financial institutions.

O.C. 344-2004, s. 103.

DIVISION VIII PROOF

104. Any statement of account prepared by a financial institution which, pursuant to section 28 of the Act respecting financial assistance for education expenses (chapter A-13.3), requests that the Minister reimburse the losses in principal and interest arising from a guaranteed loan is proof, for the purposes of any proceeding, in the absence of proof to the contrary, of the amounts owing by the borrower in default.

O.C. 344-2004, s. 104.

CHAPTER IV TRANSITIONAL AND FINAL

105. This Regulation replaces the Regulation respecting financial assistance for education expenses (O.C. 844-90, 90-06-20).

O.C. 344-2004, s. 105.

106. (Obsolete).

O.C. 344-2004, s. 106.

107. The interest paid by a student in a year of allocation in relation to a loan granted under the loans program for the purchase of a microcomputer is taken into account as allowable expenses for the purpose of computing financial assistance granted under the loans and bursaries program.

O.C. 344-2004, s. 107.

108. (Obsolete).

O.C. 344-2004, s. 108.

109. (Obsolete).

O.C. 344-2004, s. 109.

110. (Obsolete).

O.C. 344-2004, s. 110.

111. (Omitted).

O.C. 344-2004, s. 111.

SCHEDULE I

(ss. 1, 8, 9 and 74)

The student’s employment income, for the calendar year ending during the current year of allocation, is composed of the following:

(1) gross income including tips and gratuities from employment;

(2) income replacement indemnities under an Act applicable in Canada;

(3) indemnities received under a salary insurance plan;

(4) unemployment benefits, employment benefits and any other benefits of the same nature paid by a government department or body;

(5) amounts received under the Official-Language Monitor Program instituted by the Government of Canada;

(5.1) amounts paid as financial assistance for language instruction offered under an Act;

(6) amounts received under a pension plan;

(7) refunds of sick-leave or special-leave credits resulting from the application of a collective agreement or other document in lieu thereof;

(8) enterprise or self-employed income within the meaning of the Taxation Act (chapter I-3); and

(9) retirement or disability pensions and retirement or disability pensions received under an Act applicable in Canada.

For the purposes of subparagraph 1, income earned during an election as an enumerator, polling officer or, on the condition that the person is designated by a power of attorney, as a representative of a candidate, is not taken into account.

For the purposes of subparagraph 1 of the first paragraph, for the 2020-2021 year of allocation, employment income earned by the student during the period beginning on 13 March 2020 and ending on 31 August 2020 and, for the 2021-2022 year of allocation, employment income earned by the student during the period beginning on 1 January 2021 and ending on 31 May 2021, while employed with any of the following bodies is not taken into account:

(1) any institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5);

(2) intermediate resources described in the first paragraph of section 302 of the Act respecting health and social services; and

(3) private seniors’ residences described in the second paragraph of section 346.0.1 of that Act.

O.C. 344-2004, Sch. I; O.C. 1009-2011, s. 24; O.C. 1226-2020, s. 6; O.C. 1411-2021, s. 28; O.C. 1398-2022, s. 23.

SCHEDULE II

(ss. 1 and 74)

The student’s other income, for the calendar year ending during the current year of allocation, is composed of the following:

(1) death benefits in the form of a pension paid under an Act;

(2) an orphan’s pension, pension for disability contributor’s child, compensation for a child of a person who is a victim of a criminal offence, a surviving spouse’s pension and benefits received as such under an Act;

(3) income from a succession, trust or gift in respect of which the student is a beneficiary;

(4) (paragraph revoked);

(5) allowances paid by a government department or body, other than those paid under the Individual and Family Assistance Act (chapter A-13.1.1), as a family allowance under the Taxation Act (chapter I-3) or as a Canada child benefit under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

(6) amounts received as support, paid for the student or the student’s child, as well as other monetary benefits or benefits to which a monetary value may be assigned, except compensatory allowances, received as a result of a de facto separation agreement, a judgment granting separation as to bed and board or a divorce judgment. Despite the foregoing, only the amounts received as support in excess of $6,000 per year of allocation or, if the student has more than one child, in excess of the amount obtained by multiplying $6,000 by the number of children are considered;

(7) investment income;

(8) amounts equal to any exemption from the payment of mandatory tuition fees; and

(9) (paragraph revoked).

O.C. 344-2004, Sch. II; O.C. 670-2004, s. 4; O.C. 698-2007, s. 19; O.C. 1359-2009, s. 1; O.C. 607-2011, s. 1; O.C. 1009-2011, s. 25; O.C. 1086-2017, s. 32; S.Q. 2019, c. 14, s. 666; O.C. 288-2020, s. 25; S.Q. 2021, c. 13, s. 161; O.C. 1398-2022, s. 24; O.C. 1783-2022, s. 3.

SCHEDULE III

(s. 12)

CONTRIBUTION OF THE PARENTS, SPONSOR OR SPOUSE

Contribution of parents living together
$0 to $75,000	$0
$75,001 to $102,000	$0 on the first $75,000 and 19% on the remainder
$102,001 to $112,000	$5,130 on the first $102,000 and 29% on the remainder
$112,001 to $125,000	$8,030 on the first $112,000 and 39% on the remainder
$125,001 and +	$13,100 on the first $125,000 and 49% on the remainder
Contribution of parent without a spouse or of sponsor
$0 to $65,000	$0
$65,001 to $92,000	$0 on the first $65,000 and 19% on the remainder
$92,001 to $102,000	$5,130 on the first $92,000 and 29% on the remainder
$102,001 to $115,000	$8,030 on the first $102,000 and 39% on the remainder
$115,001 and +	$13,100 on the first $115,000 and 49% on the remainder
Contribution of spouse
$0 to $63,000	$0
$63,001 to $90,000	$0 on the first $63,000 and 19% on the remainder
$90,001 to $100,000	$5,130 on the first $90,000 and 29% on the remainder
$100,001 to $113,000	$8,030 on the first $100,000 and 39% on the remainder
$113,001 and +	$13,100 on the first $113,000 and 49% on the remainder

O.C. 344-2004, Sch. III; O.C. 1009-2011, s. 26 and 32; O.C. 774-2012, ss. 9 and 15; O.C. 452-2013, s. 14, 16 and 17; O.C. 984-2013, s. 19; O.C. 288-2020, s. 26; O.C. 1226-2020, s. 7; O.C. 1783-2022, s. 4.

TRANSITIONAL

2024

(O.C. 699-2024) SECTION 8. The medical certificate attesting to a major functional deficiency within the meaning of section 47 of the Regulation respecting financial assistance for education expenses, as it reads on 1 May 2024, is deemed to meet the requirements of section 48 of the Regulation if the major functional deficiency attested to in the certificate was recognized by the Minister for the purposes of an application for financial assistance that was granted for a year of allocation prior to 2024-2025.

SECTION 9. This Regulation applies as of the 2024-2025 year of allocation.

2023

(O.C. 1217-2023) SECTION 24. This Regulation applies as of the 2023-2024 year of allocation.

2022

(O.C. 1398-2022) SECTION 25. This Regulation applies as of the 2022-2023 year of allocation.

2020

(O.C. 288-2020) SECTION 27. This Regulation applies as of the 2019-2020 year of allocation.

2019

(O.C. 108-2019) SECTION 22. This Regulation applies as of the 2018-2019 year of allocation.

2017

(O.C. 1086-2017) SECTION 33. This Regulation applies as of the 2017-2018 year of allocation, except for sections 28 and 29, which apply as of the 2018-2019 year of allocation.

In addition, sections 93 and 94 of the Regulation respecting financial assistance for education expenses, as they read on 1 September 2017, continue to apply to a student who is a recipient under a financial assistance program for education expenses for the 2017-2018 year of allocation as long as the student remains, without interruption, a recipient under that assistance program for the same course of study.

2016

(O.C. 301-2016) SECTION 22. This Regulation applies as of the 2016-2017 year of allocation.

2015

(O.C. 238-2015) SECTION 23. It is understood that the deletion of the second paragraph of section 61 of the Regulation does not entail the revocation of the extensions obtained under that paragraph before 23 April 2015 (date of the coming into force of this Regulation).

2014

(O.C. 627-2014) SECTION 24. This Regulation applies as of the 2014-2015 year of allocation.

2013

(O.C. 984-2013) SECTION 20. This Regulation applies as of the 2013-2014 year of allocation.

(O.C. 452-2013) SECTION 15. Despite section 91 of the Regulation, the balance of all guaranteed loans provided for in that section may exceed the amount of $8,000, without exceeding $13,500, if the excess occurred while the maximum amount of $13,500 was applied under the provisions of the Regulation to amend the Regulation respecting financial assistance for education expenses (O.C. 1009-2011, 2011-09-28).

2012

(O.C. 774-2012) SECTION 16. Sections 29 to 32 of the Regulation to amend the Regulation respecting financial assistance for education expenses (O.C. 1009-2011, 2011-09-28), are revoked, except paragraph 1 of sections 29, 30 and 31 as regards the 2011-2012 year of allocation.

REFERENCES

O.C. 344-2004, 2004 G.O. 2, 1211

O.C. 670-2004, 2004 G.O. 2, 2293

O.C. 623-2005, 2005 G.O. 2, 2299

O.C. 698-2007, 2007 G.O. 2, 2395A

O.C. 811-2008, 2008 G.O. 2, 4447A

O.C. 386-2009, 2009 G.O. 2, 1295 and 1585

O.C. 1175-2009, 2009 G.O. 2, 3707

O.C. 1359-2009, 2009 G.O. 2, 4172A

O.C. 971-2010, 2010 G.O. 2, 3183

O.C. 607-2011, 2011 G.O. 2, 1385

O.C. 1009-2011, 2011 G.O. 2, 2999

O.C. 774-2012, 2012 G.O. 2, 2371

O.C. 452-2013, 2013 G.O. 2, 1029A

O.C. 984-2013, 2013 G.O. 2, 3039

S.Q. 2013, c. 28, s. 190

O.C. 627-2014, 2014 G.O. 2, 1456

O.C. 238-2015, 2015 G.O. 2, 471

O.C. 301-2016, 2016 G.O. 2, 1700

S.Q. 2016, c. 25, s. 45

O.C. 1086-2017, 2017 G.O. 2, 3435

S.Q. 2016, c. 3, s. 128

O.C. 108-2019, 2019 G.O. 2, 189

S.Q. 2019, c. 14, s. 666

O.C. 288-2020, 2020 G.O. 2, 829

O.C. 1226-2020, 2020 G.O. 2, 3148

S.Q. 2020, c. 6, s. 37

S.Q. 2021, c. 13, s. 161

O.C. 1411-2021, 2021 G.O. 2, 4671

O.C. 1398-2022, 2022 G.O. 2, 2662

O.C. 1783-2022, 2022 G.O. 2, 4016

O.C. 1217-2023, 2023 G.O. 2, 1900

O.C. 699-2024, 2024 G.O. 2, 1139