A-13.3 - Act respecting financial assistance for education expenses

Section 57 Disposition versions

2014-01-05

57. The Government may, by regulation, on the recommendation of the Minister and after consultation with the Minister of Education, Recreation and Sports for matters related to a level of education under the latter’s jurisdiction, and for each financial assistance program, unless otherwise indicated,

(1)  for the purpose of computing the amount of financial assistance which may be paid under a loans and bursaries program, determine the conditions and rules for establishing the contribution of the student and that of the student’s parents, sponsor or spouse;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the student’s income and the income of the student’s parents, sponsor or spouse, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(2.1)  determine, for the loans and bursaries program, the situations in which a student is deemed to pursue studies on a full-time basis;

(3)  (subparagraph repealed);

(3.1)  determine, for the purposes of subparagraph 5.1 of the first paragraph of section 4, the number of years of study that a student must have completed and the number of credits that he must have accumulated in the same university course of study and determine in which cases and subject to what conditions he is not then deemed to receive a contribution from his parents or his sponsor;

(3.2)  determine, for the loans program, the amount of annual financial resources that may not be exceeded by a person in order to be eligible for a loan, and determine in which cases and on what conditions the amount is increased or reduced;

(3.3)  determine, for the purpose of establishing the student’s financial resources as regards the loans program, the income of the student and that of the student’s parents, sponsor or spouse;

(3.4)  determine, for the purposes of paragraph 1 of sections 11 and 33, the classes of persons eligible for a loan;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study and provide for the duration of the extension of the period of eligibility for a bursary according to the family situation of the student;

(5.1)  amend, for each level of education or for certain courses of study, the definition of “part-time” in section 32;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish the list of allowable expenses and determine, according to the classification of the educational institution attended, the maximum amounts allocated;

(7.1)  determine the categories of allowable expenses that must be taken into account for the purpose of computing the amount of financial assistance which may be paid if the period of eligibility for a bursary is extended;

(7.2)  for the purpose of computing the amount of financial assistance which may be paid under the loans and bursaries program, determine conditions and rules for establishing the amounts allowed as supplementary expenses;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle and the classification of the educational institution attended, and determine in which cases and subject to what conditions such amounts are increased or reduced;

(9.1)  fix the amount of the first portion of a loan for the purposes of a computation under section 14;

(9.2)  determine conditions and rules for establishing the part of the maximum loan amount used for the calculation under section 21;

(10)  fix the minimum amount below which no guarantee certificate shall be issued or financial assistance payment shall be disbursed;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine terms and conditions for the presentation of a guarantee certificate and for the monthly or periodic payment of a guaranteed loan;

(13.1)  determine, for the purposes of sections 23 and 24, the time at which the full exemption period ends, depending on the borrower’s situation;

(14)  fix the rate of interest to be applied to the balance of a guaranteed loan and the terms and conditions of payment of interest to the financial institution;

(14.1)  determine in which cases a financial institution must assign a claim to another financial institution and prescribe the terms and conditions of assignment;

(15)  prescribe the terms and conditions of repayment of a guaranteed loan, require the capitalization of the interest accrued for any period determined by the Government and provide for the cases where a borrower is in default and the consequences of the default;

(16)  define, for the purposes of sections 24 and 25, “precarious financial situation”, determine the borrower’s obligations that are to be assumed by the Minister in such a situation and, for the purposes of section 25, determine the time when repayment of a loan must begin and the terms and conditions applicable to such repayment;

(16.1)  determine, for the purposes of section 25.1, the cases in which the borrower qualifies for a reimbursement, prescribe the time within which the borrower must complete a program of studies and determine the part of the loan to be so reimbursed by the Minister and the terms and conditions applicable to such reimbursement;

(17)  (subparagraph repealed);

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or a financial assistance payment may be reduced or cancelled;

(19)  for the purposes of sections 13 and 15, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the special rules and conditions that apply where the student may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of months in a year of allocation for which the contributions and allowable expenses are considered;

(21.1)  determine in which cases allowable expenses are to be carried forward to another year of allocation and specify, for the purpose of computing the amount of financial assistance, the special rules that apply in such cases;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government;

(23)  determine, in respect of each level of education, each cycle and certain programs of study or certain classes of institutions the maximum level of indebtedness for continued eligibility for a student loan;

(24)  determine in which cases and subject to what conditions advance financial assistance may be granted in the form of a loan;

(24.1)  determine, for the purposes of sections 40 and 42, the maximum number of consecutive years of allocation during which the Minister may recover amounts, prescribe rules for repayment over time and fix the amount below which no recovery may be made by the Minister;

(25)  fix the rate of interest applicable to the amounts owed to the Minister under sections 42 and 42.1;

(26)  provide for the increase, reduction or variation of the effective interest rate in cases where the Minister is subrogated in all the rights of a financial institution and in any other case determined by regulation;

(27)  determine, for the purposes of any proceeding and in the absence of any evidence to the contrary, the documents that constitute proof of amounts owed by the borrower.

The provisions of the regulations made under subparagraphs 1, 2, 7, 7.2 and 21 may vary according to the situation of the student prior to the period covered by the application for financial assistance, as well as the situation of the student or the student’s spouse, parents or sponsor during that period. The provisions may also vary according to the number of months during which the student is pursuing studies or is employed, the studies pursued and the place of residence of the student and, where applicable, that of the student’s parents or sponsor, and depending on whether the student suffers from a major functional deficiency.

1990, c. 11, s. 57; 1992, c. 21, s. 84; 1994, c. 23, s. 23; 1996, c. 79, s. 11; 1997, c. 90, s. 12; 2001, c. 10, s. 1; 2001, c. 18, s. 5; 2002, c. 13, s. 8; 2003, c. 17, s. 41; 2004, c. 28, s. 3; 2013, c. 28, s. 102.

2004-12-17

57. The Government may, by regulation and for each financial assistance program, unless otherwise indicated,

(1)  for the purpose of computing the amount of financial assistance which may be paid under a loans and bursaries program, determine the conditions and rules for establishing the contribution of the student and that of the student’s parents, sponsor or spouse;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the student’s income and the income of the student’s parents, sponsor or spouse, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(2.1)  determine, for the loans and bursaries program, the situations in which a student is deemed to pursue studies on a full-time basis;

(3)  (subparagraph repealed);

(3.1)  determine, for the purposes of subparagraph 5.1 of the first paragraph of section 4, the number of years of study that a student must have completed and the number of credits that he must have accumulated in the same university course of study and determine in which cases and subject to what conditions he is not then deemed to receive a contribution from his parents or his sponsor;

(3.2)  determine, for the loans program, the amount of annual financial resources that may not be exceeded by a person in order to be eligible for a loan, and determine in which cases and on what conditions the amount is increased or reduced;

(3.3)  determine, for the purpose of establishing the student’s financial resources as regards the loans program, the income of the student and that of the student’s parents, sponsor or spouse;

(3.4)  determine, for the purposes of paragraph 1 of sections 11 and 33, the classes of persons eligible for a loan;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study and provide for the duration of the extension of the period of eligibility for a bursary according to the family situation of the student;

(5.1)  amend, for each level of education or for certain courses of study, the definition of “part-time” in section 32;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish the list of allowable expenses and determine, according to the classification of the educational institution attended, the maximum amounts allocated;

(7.1)  determine the categories of allowable expenses that must be taken into account for the purpose of computing the amount of financial assistance which may be paid if the period of eligibility for a bursary is extended;

(7.2)  for the purpose of computing the amount of financial assistance which may be paid under the loans and bursaries program, determine conditions and rules for establishing the amounts allowed as supplementary expenses;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle and the classification of the educational institution attended, and determine in which cases and subject to what conditions such amounts are increased or reduced;

(9.1)  fix the amount of the first portion of a loan for the purposes of a computation under section 14;

(9.2)  determine conditions and rules for establishing the part of the maximum loan amount used for the calculation under section 21;

(10)  fix the minimum amount below which no guarantee certificate shall be issued or financial assistance payment shall be disbursed;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine terms and conditions for the presentation of a guarantee certificate and for the monthly or periodic payment of a guaranteed loan;

(13.1)  determine, for the purposes of sections 23 and 24, the time at which the full exemption period ends, depending on the borrower’s situation;

(14)  fix the rate of interest to be applied to the balance of a guaranteed loan and the terms and conditions of payment of interest to the financial institution;

(14.1)  determine in which cases a financial institution must assign a claim to another financial institution and prescribe the terms and conditions of assignment;

(15)  prescribe the terms and conditions of repayment of a guaranteed loan, require the capitalization of the interest accrued for any period determined by the Government and provide for the cases where a borrower is in default and the consequences of the default;

(16)  define, for the purposes of sections 24 and 25, “precarious financial situation”, determine the borrower’s obligations that are to be assumed by the Minister in such a situation and, for the purposes of section 25, determine the time when repayment of a loan must begin and the terms and conditions applicable to such repayment;

(16.1)  determine, for the purposes of section 25.1, the cases in which the borrower qualifies for a reimbursement, prescribe the time within which the borrower must complete a program of studies and determine the part of the loan to be so reimbursed by the Minister and the terms and conditions applicable to such reimbursement;

(17)  (subparagraph repealed);

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or a financial assistance payment may be reduced or cancelled;

(19)  for the purposes of sections 13 and 15, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the special rules and conditions that apply where the student may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of months in a year of allocation for which the contributions and allowable expenses are considered;

(21.1)  determine in which cases allowable expenses are to be carried forward to another year of allocation and specify, for the purpose of computing the amount of financial assistance, the special rules that apply in such cases;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government;

(23)  determine, in respect of each level of education, each cycle and certain programs of study or certain classes of institutions the maximum level of indebtedness for continued eligibility for a student loan;

(24)  determine in which cases and subject to what conditions advance financial assistance may be granted in the form of a loan;

(24.1)  determine, for the purposes of sections 40 and 42, the maximum number of consecutive years of allocation during which the Minister may recover amounts, prescribe rules for repayment over time and fix the amount below which no recovery may be made by the Minister;

(25)  fix the rate of interest applicable to the amounts owed to the Minister under sections 42 and 42.1;

(26)  provide for the increase, reduction or variation of the effective interest rate in cases where the Minister is subrogated in all the rights of a financial institution and in any other case determined by regulation;

(27)  determine, for the purposes of any proceeding and in the absence of any evidence to the contrary, the documents that constitute proof of amounts owed by the borrower.

The provisions of the regulations made under subparagraphs 1, 2, 7, 7.2 and 21 may vary according to the situation of the student prior to the period covered by the application for financial assistance, as well as the situation of the student or the student’s spouse, parents or sponsor during that period. The provisions may also vary according to the number of months during which the student is pursuing studies or is employed, the studies pursued and the place of residence of the student and, where applicable, that of the student’s parents or sponsor, and depending on whether the student suffers from a major functional deficiency.

1990, c. 11, s. 57; 1992, c. 21, s. 84; 1994, c. 23, s. 23; 1996, c. 79, s. 11; 1997, c. 90, s. 12; 2001, c. 10, s. 1; 2001, c. 18, s. 5; 2002, c. 13, s. 8; 2003, c. 17, s. 41; 2004, c. 28, s. 3.

2004-05-01

57. The Government may, by regulation and for each financial assistance program, unless otherwise indicated,

(1)  for the purpose of computing the amount of financial assistance which may be paid under a loans and bursaries program, determine the conditions and rules for establishing the contribution of the student and that of the student’s parents, sponsor or spouse;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the student’s income and the income of the student’s parents, sponsor or spouse, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(2.1)  determine, for the loans and bursaries program, the situations in which a student is deemed to pursue studies on a full-time basis;

(3)  (subparagraph repealed);

(3.1)  determine, for the purposes of subparagraph 5.1 of the first paragraph of section 4, the number of years of study that a student must have completed and the number of credits that he must have accumulated in the same university course of study and determine in which cases and subject to what conditions he is not then deemed to receive a contribution from his parents or his sponsor;

(3.2)  determine, for the loans program, the amount of annual financial resources that may not be exceeded by a person in order to be eligible for a loan, and determine in which cases and on what conditions the amount is increased or reduced;

(3.3)  determine, for the purpose of establishing the student’s financial resources as regards the loans program, the income of the student and that of the student’s parents, sponsor or spouse;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study and provide for the duration of the extension of the period of eligibility for a bursary according to the family situation of the student;

(5.1)  amend, for each level of education or for certain courses of study, the definition of “part-time” in section 32;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish the list of allowable expenses and determine, according to the classification of the educational institution attended, the maximum amounts allocated;

(7.1)  determine the categories of allowable expenses that must be taken into account for the purpose of computing the amount of financial assistance which may be paid if the period of eligibility for a bursary is extended;

(7.2)  for the purpose of computing the amount of financial assistance which may be paid under the loans and bursaries program, determine conditions and rules for establishing the amounts allowed as supplementary expenses;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle and the classification of the educational institution attended, and determine in which cases and subject to what conditions such amounts are increased or reduced;

(9.1)  fix the amount of the first portion of a loan for the purposes of a computation under section 14;

(9.2)  determine conditions and rules for establishing the part of the maximum loan amount used for the calculation under section 21;

(10)  fix the minimum amount below which no guarantee certificate shall be issued or financial assistance payment shall be disbursed;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine terms and conditions for the presentation of a guarantee certificate and for the monthly or periodic payment of a guaranteed loan;

(13.1)  determine, for the purposes of sections 23 and 24, the time at which the full exemption period ends, depending on the borrower’s situation;

(14)  fix the rate of interest to be applied to the balance of a guaranteed loan and the terms and conditions of payment of interest to the financial institution;

(14.1)  determine in which cases a financial institution must assign a claim to another financial institution and prescribe the terms and conditions of assignment;

(15)  prescribe the terms and conditions of repayment of a guaranteed loan, require the capitalization of the interest accrued for any period determined by the Government and provide for the cases where a borrower is in default and the consequences of the default;

(16)  define, for the purposes of sections 24 and 25, “precarious financial situation”, determine the borrower’s obligations that are to be assumed by the Minister in such a situation and, for the purposes of section 25, determine the time when repayment of a loan must begin and the terms and conditions applicable to such repayment;

(16.1)  determine, for the purposes of section 25.1, the cases in which the borrower qualifies for a reimbursement, prescribe the time within which the borrower must complete a program of studies and determine the part of the loan to be so reimbursed by the Minister and the terms and conditions applicable to such reimbursement;

(17)  (subparagraph repealed);

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or a financial assistance payment may be reduced or cancelled;

(19)  for the purposes of sections 13 and 15, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the special rules and conditions that apply where the student may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of months in a year of allocation for which the contributions and allowable expenses are considered;

(21.1)  determine in which cases allowable expenses are to be carried forward to another year of allocation and specify, for the purpose of computing the amount of financial assistance, the special rules that apply in such cases;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government;

(23)  determine, in respect of each level of education, each cycle and certain programs of study or certain classes of institutions the maximum level of indebtedness for continued eligibility for a student loan;

(24)  determine in which cases and subject to what conditions advance financial assistance may be granted in the form of a loan;

(24.1)  determine, for the purposes of sections 40 and 42, the maximum number of consecutive years of allocation during which the Minister may recover amounts, prescribe rules for repayment over time and fix the amount below which no recovery may be made by the Minister;

(25)  fix the rate of interest applicable to the amounts owed to the Minister under sections 42 and 42.1;

(26)  provide for the increase, reduction or variation of the effective interest rate in cases where the Minister is subrogated in all the rights of a financial institution and in any other case determined by regulation;

(27)  determine, for the purposes of any proceeding and in the absence of any evidence to the contrary, the documents that constitute proof of amounts owed by the borrower.

The provisions of the regulations made under subparagraphs 1, 2, 7, 7.2 and 21 may vary according to the situation of the student prior to the period covered by the application for financial assistance, as well as the situation of the student or the student’s spouse, parents or sponsor during that period. The provisions may also vary according to the number of months during which the student is pursuing studies or is employed, the studies pursued and the place of residence of the student and, where applicable, that of the student’s parents or sponsor, and depending on whether the student suffers from a major functional deficiency.

1990, c. 11, s. 57; 1992, c. 21, s. 84; 1994, c. 23, s. 23; 1996, c. 79, s. 11; 1997, c. 90, s. 12; 2001, c. 10, s. 1; 2001, c. 18, s. 5; 2002, c. 13, s. 8; 2003, c. 17, s. 41.

2002-06-08

57. The Government may, by regulation and for each financial assistance program, unless otherwise indicated,

(1)  for the purpose of computing the amount of financial assistance which may be paid under a loans and bursaries program, determine, for each form of assistance, the conditions and rules for establishing the contribution of the student and that of the student’s parents, sponsor or spouse;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the minimum contribution, the foreseeable income and the actual income, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(2.1)  determine, for the loans and bursaries program, the situations in which a student is deemed to pursue a course of study on a full-time basis;

(3)  for the purpose of computing the amount of financial assistance in the form of a bursary which may be granted pursuant to the loans and bursaries program, determine the conditions and rules for establishing the contribution based on the assets of the parents or sponsor;

(3.1)  determine, for the purposes of subparagraph 5.1 of the first paragraph of section 4, the number of trimesters that a student must have completed and the number of credits that he must have accumulated in the same university course of study and determine in which cases and subject to what conditions he is not then deemed to receive a contribution from his parents or his sponsor;

(3.2)  determine, for the loans program, the amount of annual financial resources that may not be exceeded by a person in order to be eligible for a loan, and determine in which cases and on what conditions the amount is increased or reduced;

(3.3)  determine, for the purpose of establishing the student’s financial resources as regards the loans program, the actual income of the student and that of the student’s parents, sponsor or spouse;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study and provide for the duration of the extension of the period of eligibility for a bursary according to the family situation of the student;

(5.1)  amend, for each level of education or for certain courses of study, the definition of “part-time” in section 32;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish, for each form of assistance, the list of allowable expenses and determine, according to the classification of the educational institution attended, the maximum amounts allocated;

(7.1)  determine the categories of allowable expenses that must be taken into account for the purpose of computing the amount of financial assistance which may be paid if the period of eligibility for a bursary is extended;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle and the classification of the educational institution attended, and determine in which cases and subject to what conditions such amounts are increased or reduced;

(9.1)  fix the amount of the first portion of a loan for the purposes of a computation under section 14;

(10)  fix the minimum amount below which no loan certificate shall be issued;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine the modalities of presentation of a loan certificate and payment of the loan;

(13.1)  determine, for the purposes of section 24, the date on which the additional period ends and, for the purposes of sections 23 and 25, the date on which the period of exemption ends, according to the situation in which borrowers find themselves or according to the time when borrowers complete or abandon their studies, or interrupt their studies for one of the reasons specified in the regulation, in respect of each level of instruction and each cycle and in respect of certain programs of instruction identified in the regulation;

(14)  fix the rate of interest to be applied to the balance of an authorized loan and the terms and conditions of payment of interest to the financial institution;

(15)  prescribe the terms and conditions of repayment of an authorized loan, require the capitalization of the interest accrued for any period determined by the Government and provide for the cases where a borrower is in default and the consequences of the default;

(16)  define, for the purposes of sections 24 and 25, “precarious financial situation”, determine the borrower’s obligations that are to be assumed by the Minister in such a situation and, for the purposes of section 25, determine the time when repayment of a loan must begin and the terms and conditions applicable to such repayment;

(16.1)  determine, for the purposes of section 25.1, the cases in which the borrower qualifies for a reimbursement, prescribe the time within which the borrower must complete a program of studies and determine the part of the loan to be so reimbursed by the Minister and the terms and conditions applicable to such reimbursement;

(17)  (subparagraph repealed);

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or the amount of assistance reduced and the amount of the reduction;

(19)  for the purposes of sections 15 and 22, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the special rules and conditions that apply where the student may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of trimesters in a year of allocation for which the contributions and allowable expenses are considered;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government;

(23)  determine, in respect of each level of education, each cycle and certain programs of study or certain classes of institutions the maximum level of indebtedness for continued eligibility for a student loan;

(24)  determine in which cases and subject to what conditions advance financial assistance may be granted in the form of a loan;

(25)  fix the rate of interest applicable to the amounts owed to the Minister under sections 42 and 42.1.

The provisions of the regulations made under subparagraphs 1, 2, 3, 7 and 21 of the first paragraph may vary according to the level of education for which the student was enrolled or according to his activities prior to the period covered by the application for financial assistance, according to the number of trimesters during which the student is pursuing his studies or is employed or is neither pursuing his studies nor employed, and the level of education for or the course of study in which he is enrolled, according to the number of trimesters covered by the application for financial assistance, according to the place of residence of the student and, if applicable, that of his parents or his sponsor, according to the family situation of the student and, if applicable, that of his parents or his sponsor, according to whether he suffers from a major functional deficiency, according to whether the student’s spouse is pursuing studies or is employed or is neither pursuing studies nor employed, and according to whether the student is placed under the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Act respecting health services and social services for Cree Native persons (chapter S-5) or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1).

1990, c. 11, s. 57; 1992, c. 21, s. 84; 1994, c. 23, s. 23; 1996, c. 79, s. 11; 1997, c. 90, s. 12; 2001, c. 10, s. 1; 2001, c. 18, s. 5; 2002, c. 13, s. 8.

2001-06-21

57. The Government may, by regulation,

(1)  for the purpose of computing the amount of financial assistance which may be paid, determine, for each program or form of assistance, the conditions and rules for establishing the contribution of the student, his parents, sponsor or spouse and the contribution applicable under section 8;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the minimum contribution, the foreseeable income and the actual income, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(3)  for the purpose of computing the amount of financial assistance in the form of a bursary which may be granted pursuant to the loans and bursaries program, determine the conditions and rules for establishing the contribution based on the assets of the parents or sponsor;

(3.1)  determine, for the purposes of subparagraph 5.1 of the first paragraph of section 4, the number of trimesters that a student must have completed and the number of credits that he must have accumulated in the same university course of study and determine in which cases and subject to what conditions he is not then deemed to receive a contribution from his parents or his sponsor;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study and provide for the duration of the extension of the period of eligibility for a bursary according to the family situation of the student;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish, for each program or form of assistance, the list of allowable expenses and determine the maximum amounts allocated as such;

(7.1)  determine the categories of allowable expenses that must be taken into account for the purpose of computing the amount of financial assistance which may be paid if the period of eligibility for a bursary is extended;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle and the classification of the educational institution attended, and determine in which cases and subject to what conditions such amounts are increased or reduced;

(9.1)  fix the amount of the first portion of a loan for the purposes of a computation under section 14;

(10)  fix the minimum amount below which no loan certificate shall be issued;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine the modalities of presentation of a loan certificate and payment of the loan;

(13.1)  determine, for the purposes of section 24, the date on which the additional period ends and, for the purposes of sections 23 and 25, the date on which the period of exemption ends, according to the situation in which borrowers find themselves or according to the time when borrowers complete or abandon their studies, or interrupt their studies for one of the reasons specified in the regulation, in respect of each level of instruction and each cycle and in respect of certain programs of instruction identified in the regulation;

(14)  fix the rate of interest to be applied to the balance of an authorized loan and the terms and conditions of payment of interest to the financial institution;

(15)  prescribe the terms and conditions of repayment of an authorized loan, require the capitalization of the interest accrued for any period determined by the Government and provide for the cases where a borrower is in default and the consequences of the default;

(16)  define, for the purposes of sections 24 and 25, “precarious financial situation”, determine the borrower’s obligations that are to be assumed by the Minister in such a situation and, for the purposes of section 25, determine the time when repayment of a loan must begin and the terms and conditions applicable to such repayment;

(16.1)  determine, for the purposes of section 25.1, the cases in which the borrower qualifies for a reimbursement, prescribe the time within which the borrower must complete a program of studies and determine the part of the loan to be so reimbursed by the Minister and the terms and conditions applicable to such reimbursement;

(17)  (subparagraph repealed);

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or the amount of assistance reduced and the amount of the reduction;

(19)  for the purposes of sections 15, 22 and 36, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the rules according to which he may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of trimesters in a year of allocation for which the contributions and allowable expenses are considered;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government;

(23)  determine, in respect of each level of education, each cycle and certain programs of study or certain classes of institutions the maximum level of indebtedness for continued eligibility for a student loan;

(24)  determine in which cases and subject to what conditions advance financial assistance may be granted in the form of a loan;

(25)  fix the rate of interest applicable to the amounts owed to the Minister under sections 42 and 42.1.

The provisions of the regulations made under subparagraphs 1, 2, 3, 7 and 21 of the first paragraph may vary according to the level of education for which the student was enrolled or according to his activities prior to the period covered by the application for financial assistance, according to the number of trimesters during which the student is pursuing his studies or is employed or is neither pursuing his studies nor employed, and the level of education for or the course of study in which he is enrolled, according to the number of trimesters covered by the application for financial assistance, according to the place of residence of the student and, if applicable, that of his parents or his sponsor, according to the family situation of the student and, if applicable, that of his parents or his sponsor, according to whether he suffers from a major functional deficiency, according to whether the student’s spouse is pursuing studies or is employed or is neither pursuing studies nor employed, and according to whether the student is placed under the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Act respecting health services and social services for Cree Native persons (chapter S-5) or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1).

1990, c. 11, s. 57; 1992, c. 21, s. 84; 1994, c. 23, s. 23; 1996, c. 79, s. 11; 1997, c. 90, s. 12; 2001, c. 10, s. 1; 2001, c. 18, s. 5.

2001-05-30

57. The Government may, by regulation,

(1)  for the purpose of computing the amount of financial assistance which may be paid, determine, for each program or form of assistance, the conditions and rules for establishing the contribution of the student, his parents, sponsor or spouse and the contribution applicable under section 8;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the minimum contribution, the foreseeable income and the actual income, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(3)  for the purpose of computing the amount of financial assistance in the form of a bursary which may be granted pursuant to the loans and bursaries program, determine the conditions and rules for establishing the contribution based on the assets of the parents or sponsor;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish, for each program or form of assistance, the list of allowable expenses and determine the maximum amounts allocated as such;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle and the classification of the educational institution attended, and determine in which cases and subject to what conditions such amounts are increased or reduced;

(9.1)  fix the amount of the first portion of a loan for the purposes of a computation under section 14;

(10)  fix the minimum amount below which no loan certificate shall be issued;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine the modalities of presentation of a loan certificate and payment of the loan;

(13.1)  determine, for the purposes of section 24, the date on which the additional period ends and, for the purposes of sections 23 and 25, the date on which the period of exemption ends, according to the situation in which borrowers find themselves or according to the time when borrowers complete or abandon their studies, or interrupt their studies for one of the reasons specified in the regulation, in respect of each level of instruction and each cycle and in respect of certain programs of instruction identified in the regulation;

(14)  fix the rate of interest to be applied to the balance of an authorized loan and the terms and conditions of payment of interest to the financial institution;

(15)  prescribe the terms and conditions of repayment of an authorized loan, require the capitalization of the interest accrued for any period determined by the Government and provide for the cases where a borrower is in default and the consequences of the default;

(16)  define, for the purposes of sections 24 and 25, “precarious financial situation”, determine the borrower’s obligations that are to be assumed by the Minister in such a situation and, for the purposes of section 25, determine the time when repayment of a loan must begin and the terms and conditions applicable to such repayment;

(16.1)  determine, for the purposes of section 25.1, the cases in which the borrower qualifies for a reimbursement, prescribe the time within which the borrower must complete a program of studies and determine the part of the loan to be so reimbursed by the Minister and the terms and conditions applicable to such reimbursement;

(17)  (subparagraph repealed);

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or the amount of assistance reduced and the amount of the reduction;

(19)  for the purposes of sections 15, 22 and 36, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the rules according to which he may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of trimesters in a year of allocation for which the contributions and allowable expenses are considered;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government;

(23)  determine, in respect of each level of education, each cycle and certain programs of study or certain classes of institutions the maximum level of indebtedness for continued eligibility for a student loan;

(24)  determine in which cases and subject to what conditions advance financial assistance may be granted in the form of a loan;

(25)  fix the rate of interest applicable to the amounts owed to the Minister under sections 42 and 42.1.

The provisions of the regulations made under subparagraphs 1, 2, 3, 7 and 21 of the first paragraph may vary according to the level of education for which the student was enrolled or according to his activities prior to the period covered by the application for financial assistance, according to the number of trimesters during which the student is pursuing his studies or is employed or is neither pursuing his studies nor employed, and the level of education for or the course of study in which he is enrolled, according to the number of trimesters covered by the application for financial assistance, according to the place of residence of the student and, if applicable, that of his parents or his sponsor, according to the family situation of the student and, if applicable, that of his parents or his sponsor, according to whether he suffers from a major functional deficiency, according to whether the student’s spouse is pursuing studies or is employed or is neither pursuing studies nor employed, and according to whether the student is placed under the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Act respecting health services and social services for Cree Native persons (chapter S-5) or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1).

1990, c. 11, s. 57; 1992, c. 21, s. 84; 1994, c. 23, s. 23; 1996, c. 79, s. 11; 1997, c. 90, s. 12; 2001, c. 10, s. 1.

1999-04-01

57. The Government may, by regulation,

(1)  for the purpose of computing the amount of financial assistance which may be paid, determine, for each program or form of assistance, the conditions and rules for establishing the contribution of the student, his parents, sponsor or spouse and the contribution applicable under section 8;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the minimum contribution, the foreseeable income and the actual income, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(3)  for the purpose of computing the amount of financial assistance in the form of a bursary which may be granted pursuant to the loans and bursaries program, determine the conditions and rules for establishing the contribution based on the assets of the parents or sponsor;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish, for each program or form of assistance, the list of allowable expenses and determine the maximum amounts allocated as such;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle and the classification of the educational institution attended, and determine in which cases and subject to what conditions such amounts are increased or reduced;

(9.1)  fix the amount of the first portion of a loan for the purposes of a computation under section 14;

(10)  fix the minimum amount below which no loan certificate shall be issued;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine the modalities of presentation of a loan certificate and payment of the loan;

(13.1)  determine, in respect of each level of instruction, each cycle and certain programs of studies identified by the Government, for the purposes of section 24, the date on which the additional period ends and, for the purposes of sections 23 and 25, the date on which the period of exemption ends, according to the time when the borrower completes or abandons a program of studies;

(14)  fix the rate of interest to be applied to the balance of an authorized loan and the terms and conditions of payment of interest to the financial institution;

(15)  prescribe the terms and conditions of repayment of an authorized loan, require the capitalization of the interest accrued for any period determined by the Government and provide for the cases where a borrower is in default and the consequences of the default;

(16)  define, for the purposes of sections 24 and 25, “precarious financial situation”, determine the borrower’s obligations that are to be assumed by the Minister in such a situation and, for the purposes of section 25, determine the time when repayment of a loan must begin and the terms and conditions applicable to such repayment;

(16.1)  determine, for the purposes of section 25.1, the cases in which the borrower qualifies for a reimbursement, prescribe the time within which the borrower must complete a program of studies and determine the part of the loan to be so reimbursed by the Minister and the terms and conditions applicable to such reimbursement;

(17)  (subparagraph repealed);

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or the amount of assistance reduced and the amount of the reduction;

(19)  for the purposes of sections 15, 22 and 36, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the rules according to which he may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of trimesters in a year of allocation for which the contributions and allowable expenses are considered;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government;

(23)  determine, in respect of each level of education, each cycle and certain programs of study or certain classes of institutions the maximum level of indebtedness for continued eligibility for a student loan;

(24)  determine in which cases and subject to what conditions advance financial assistance may be granted in the form of a loan;

(25)  fix the rate of interest applicable to the amounts owed to the Minister under sections 42 and 42.1.

The provisions of the regulations made under subparagraphs 1, 2, 3, 7 and 21 of the first paragraph may vary according to the level of education for which the student was enrolled or according to his activities prior to the period covered by the application for financial assistance, according to the number of trimesters during which the student is pursuing his studies or is employed or is neither pursuing his studies nor employed, and the level of education for or the course of study in which he is enrolled, according to the number of trimesters covered by the application for financial assistance, according to the place of residence of the student and, if applicable, that of his parents or his sponsor, according to the family situation of the student and, if applicable, that of his parents or his sponsor, according to whether he suffers from a major functional deficiency, according to whether the student’s spouse is pursuing studies or is employed or is neither pursuing studies nor employed, and according to whether the student is placed under the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Act respecting health services and social services for Cree Native persons (chapter S-5) or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1).

1990, c. 11, s. 57; 1992, c. 21, s. 84; 1994, c. 23, s. 23; 1996, c. 79, s. 11; 1997, c. 90, s. 12.

1997-05-01

57. The Government may, by regulation,

(1)  for the purpose of computing the amount of financial assistance which may be paid, determine, for each program or form of assistance, the conditions and rules for establishing the contribution of the student, his parents, sponsor or spouse and the contribution applicable under section 8;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the minimum contribution, the foreseeable income and the actual income, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(3)  for the purpose of computing the amount of financial assistance in the form of a bursary which may be granted pursuant to the loans and bursaries program, determine the conditions and rules for establishing the contribution based on the assets of the parents or sponsor;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish, for each program or form of assistance, the list of allowable expenses and determine the maximum amounts allocated as such;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle and the classification of the educational institution attended, and determine in which cases and subject to what conditions such amounts are increased or reduced;

(10)  fix the minimum amount below which no loan certificate shall be issued;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine the modalities of presentation of a loan certificate and payment of the loan;

(14)  fix the rate of interest to be applied to the balance of an authorized loan and the terms and conditions of payment of interest to the financial institution;

(15)  prescribe the terms and conditions of repayment of an authorized loan, the cases where a borrower is in default and the consequences of the default;

(16)  for the purposes of section 25, define “precarious financial situation” and prescribe the time when repayment must begin and the terms and conditions applicable to such repayment;

(17)  (subparagraph repealed);

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or the amount of assistance reduced and the amount of the reduction;

(19)  for the purposes of sections 15, 22 and 36, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the rules according to which he may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of trimesters in a year of allocation for which the contributions and allowable expenses are considered;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government;

(23)  determine, in respect of each level of education, each cycle and certain programs of study or certain classes of institutions the maximum level of indebtedness for continued eligibility for a student loan;

(24)  determine in which cases and subject to what conditions advance financial assistance may be granted in the form of a loan.

The provisions of the regulations made under subparagraphs 1, 2, 3, 7 and 21 of the first paragraph may vary according to the level of education for which the student was enrolled or according to his activities prior to the period covered by the application for financial assistance, according to the number of trimesters during which the student is pursuing his studies or is employed or is neither pursuing his studies nor employed, and the level of education for or the course of study in which he is enrolled, according to the number of trimesters covered by the application for financial assistance, according to the place of residence of the student and, if applicable, that of his parents or his sponsor, according to the family situation of the student and, if applicable, that of his parents or his sponsor, according to whether he suffers from a major functional deficiency, according to whether the student’s spouse is pursuing studies or is employed or is neither pursuing studies nor employed, and according to whether the student is placed under the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Act respecting health services and social services for Cree Native persons (chapter S-5) or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1).

1990, c. 11, s. 57; 1992, c. 21, s. 84; 1994, c. 23, s. 23; 1996, c. 79, s. 11.

1995-05-01

57. The Government may, by regulation,

(1)  for the purpose of computing the amount of financial assistance which may be paid, determine, for each program or form of assistance, the conditions and rules for establishing the contribution of the student, his parents, sponsor or spouse and the contribution applicable under section 8;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the minimum contribution, the foreseeable income and the actual income, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(3)  for the purpose of computing the amount of financial assistance in the form of a bursary which may be granted pursuant to the loans and bursaries program, determine the conditions and rules for establishing the contribution based on the assets of the parents or sponsor;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish, for each program or form of assistance, the list of allowable expenses and determine the maximum amounts allocated as such;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle, the number of credits completed and the classification of the institution attended;

(10)  fix the minimum amount below which no loan certificate shall be issued;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine the modalities of presentation of a loan certificate and payment of the loan;

(14)  fix the rate of interest to be applied to the balance of an authorized loan and the terms and conditions of payment of interest to the financial institution;

(15)  prescribe the terms and conditions of repayment of an authorized loan, the cases where a borrower is in default and the consequences of the default;

(16)  for the purposes of section 25, define “precarious financial situation” and prescribe the time when repayment must begin and the terms and conditions applicable to such repayment;

(17)  for the purposes of section 26, prescribe the time limits for completing graduate studies in order to be eligible for a reimbursement and the part of the loan to be repaid by the Minister;

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or the amount of assistance reduced and the amount of the reduction;

(19)  for the purposes of sections 15, 22 and 36, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the rules according to which he may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of trimesters in a year of allocation for which the contributions and allowable expenses are considered;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government.

The provisions of the regulations made under subparagraphs 1, 2, 3, 7 and 21 of the first paragraph may vary according to the level of education for which the student was enrolled or according to his activities prior to the period covered by the application for financial assistance, according to the number of trimesters during which the student is pursuing his studies or is employed or is neither pursuing his studies nor employed, and the level of education for or the course of study in which he is enrolled, according to the number of trimesters covered by the application for financial assistance, according to the place of residence of the student and, if applicable, that of his parents or his sponsor, according to the family situation of the student and, if applicable, that of his parents or his sponsor, according to whether he suffers from a major functional deficiency, according to whether the student’s spouse is pursuing studies or is employed or is neither pursuing studies nor employed, and according to whether the student is placed under the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Act respecting health services and social services for Cree Native persons (chapter S-5) or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1).

1990, c. 11, s. 57; 1992, c. 21, s. 84; 1994, c. 23, s. 23.

1992-10-01

57. The Government may, by regulation,

(1)  for the purpose of computing the amount of financial assistance which may be paid, determine, for each program or form of assistance, the conditions and rules for establishing the contribution of the student, his parents, sponsor or spouse and the contribution applicable under section 8;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the minimum contribution, the foreseeable income and the actual income, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(3)  for the purpose of computing the amount of financial assistance in the form of a bursary which may be granted pursuant to the loans and bursaries program, determine the conditions and rules for establishing the contribution based on the assets of the parents or sponsor;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish, for each program or form of assistance, the list of allowable expenses and determine the maximum amounts allocated as such;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle, the number of credits completed and the classification of the institution attended;

(10)  fix the minimum amount below which no loan certificate shall be issued;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine the modalities of presentation of a loan certificate and payment of the loan;

(14)  fix the rate of interest to be applied to the balance of an authorized loan and the terms and conditions of payment of interest to the financial institution;

(15)  prescribe the terms and conditions of repayment of an authorized loan, the cases where a borrower is in default and the consequences of the default;

(16)  for the purposes of section 25, define “precarious financial situation” and prescribe the time when repayment must begin and the terms and conditions applicable to such repayment;

(17)  for the purposes of section 26, prescribe the time limits for completing graduate studies in order to be eligible for a reimbursement and the part of the loan to be repaid by the Minister;

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or the amount of assistance reduced and the amount of the reduction;

(19)  for the purposes of sections 15, 22 and 36, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the rules according to which he may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of trimesters in a year of allocation for which the contributions and allowable expenses are considered;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government.

The provisions of the regulations made under subparagraphs 1, 2, 3, 7 and 21 of the first paragraph may vary according to the level of education for which the student was enrolled or according to his activities prior to the period covered by the application for financial assistance, according to the number of trimesters during which the student is pursuing his studies or is employed or is neither pursuing his studies nor employed, and the level of education for or the course of study in which he is enrolled, according to the number of trimesters covered by the application for financial assistance, according to the place of residence of the student and, if applicable, that of his parents or his sponsor, according to the family situation of the student and, if applicable, that of his parents or his sponsor, according to whether he suffers from a major functional deficiency, according to whether the student’s spouse is pursuing studies or is employed or is neither pursuing studies nor employed, and according to whether the student is placed under the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Act respecting health services and social services for Cree and Inuit Native persons (chapter S-5) or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1).

1990, c. 11, s. 57; 1992, c. 21, s. 84.

1990-06-08

57. The Government may, by regulation,

(1)  for the purpose of computing the amount of financial assistance which may be paid, determine, for each program or form of assistance, the conditions and rules for establishing the contribution of the student, his parents, sponsor or spouse and the contribution applicable under section 8;

(2)  for the purpose of establishing the contributions mentioned in subparagraph 1, define the minimum contribution, the foreseeable income and the actual income, determine the conditions of reduction and exemption which are applicable and prescribe the methods of computing these elements;

(3)  for the purpose of computing the amount of financial assistance in the form of a bursary which may be granted pursuant to the loans and bursaries program, determine the conditions and rules for establishing the contribution based on the assets of the parents or sponsor;

(4)  determine the cases where a person has his residence or is deemed to reside in Québec;

(5)  determine the period of eligibility for financial assistance programs, for each form of assistance, each level of education, each cycle and certain courses of study;

(6)  determine what constitutes a major functional deficiency;

(7)  for the purpose of computing the amount of financial assistance which may be paid, establish, for each program or form of assistance, the list of allowable expenses and determine the maximum amounts allocated as such;

(8)  for the purpose of computing the amount of financial assistance which may be paid, determine the cases where the student is deemed to reside at the place of residence of his parents or his sponsor and the resulting consequences on the level of certain allowable expenses;

(9)  determine the maximum amounts of loans according to the level of education, the cycle, the number of credits completed and the classification of the institution attended;

(10)  fix the minimum amount below which no loan certificate shall be issued;

(11)  establish the maximum amounts of bursaries according to the level of education and the family situation of the student;

(12)  fix the minimum amount below which no bursary shall be paid;

(13)  determine the modalities of presentation of a loan certificate and payment of the loan;

(14)  fix the rate of interest to be applied to the balance of an authorized loan and the terms and conditions of payment of interest to the financial institution;

(15)  prescribe the terms and conditions of repayment of an authorized loan, the cases where a borrower is in default and the consequences of the default;

(16)  for the purposes of section 25, define “precarious financial situation” and prescribe the time when repayment must begin and the terms and conditions applicable to such repayment;

(17)  for the purposes of section 26, prescribe the time limits for completing graduate studies in order to be eligible for a reimbursement and the part of the loan to be repaid by the Minister;

(18)  fix the time limits for producing an application for financial assistance and the required documents, and the time limits beyond which an application for financial assistance may be refused or the amount of assistance reduced and the amount of the reduction;

(19)  for the purposes of sections 15, 22 and 36, determine the cases where a student is deemed to be enrolled;

(20)  determine the cases where a student may, for the same year of allocation, make an application for financial assistance under more than one financial assistance program and the rules according to which he may do so;

(21)  for the purpose of computing the amount of financial assistance which may be paid, determine the number of trimesters in a year of allocation for which the contributions and allowable expenses are considered;

(22)  provide for a specific allocation for special needs, on the conditions and according to the modalities determined by the Government.

The provisions of the regulations made under subparagraphs 1, 2, 3, 7 and 21 of the first paragraph may vary according to the level of education for which the student was enrolled or according to his activities prior to the period covered by the application for financial assistance, according to the number of trimesters during which the student is pursuing his studies or is employed or is neither pursuing his studies nor employed, and the level of education for or the course of study in which he is enrolled, according to the number of trimesters covered by the application for financial assistance, according to the place of residence of the student and, if applicable, that of his parents or his sponsor, according to the family situation of the student and, if applicable, that of his parents or his sponsor, according to whether he suffers from a major functional deficiency, according to whether the student’s spouse is pursuing studies or is employed or is neither pursuing studies nor employed, and according to whether the student is placed under the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-5) or the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1).

1990, c. 11, s. 57.