A-13.3 - Act respecting financial assistance for education expenses

À jour au 17 décembre 2004

Ce document a valeur officielle.

chapter A-13.3

Act respecting financial assistance for education expenses

1997, c. 90, s. 1.

CHAPTER I DEFINITIONS

1. The following programs of financial assistance are hereby established:

(1)  the loans and bursaries program for full-time studies in vocational training at the secondary level and for full-time studies at the postsecondary level;

(2)  the loans program for part-time studies in vocational training at the secondary level and for part-time studies at the postsecondary level.

1990, c. 11, s. 1; 1994, c. 36, s. 1; 2002, c. 13, s. 1.

2. For the purposes of this Act,

“parents” means the father and mother of the student;

“sponsor” means a Canadian citizen or a permanent resident other than a parent or spouse who sponsors the application for landing of a permanent resident within the meaning of the Immigration Act (Revised Statutes of Canada, 1985, chapter I-2);

“spouse” means the person who is married to, or in a civil union with, and is not separated, legally or de facto, from the student, or the person of the opposite or the same sex who lives with the student in a de facto union with a child of the person or of the student;

“student” means a person who pursues studies in vocational training at the secondary level or studies at the postsecondary level;

“year of allocation” means the period comprised between 1 September of one year and 31 August of the following year.

1990, c. 11, s. 2; 1994, c. 36, s. 2; 1999, c. 14, s. 3; 2002, c. 6, s. 78; 2003, c. 17, s. 1.

CHAPTER II CONTRIBUTORY NATURE OF THE PROGRAMS

3. The programs are contributory in nature.

Eligibility for the loans and bursaries program and the amount of financial assistance are determined according to the amounts established as the contribution of the student and, where applicable, the amounts established as the contribution of the student’s parents, sponsor or spouse.

Eligibility for the loans program is determined according to the income of the student and, where applicable, the income of the student’s parents, sponsor or spouse whereas the amount of financial assistance is determined according to the allowable expenses of the student.

1990, c. 11, s. 3; 2002, c. 13, s. 2.

4. A student is deemed to receive a contribution from the student’s parents or sponsor, as the case may be, except if the student

(1)  is or was married or in a civil union;

(2)  has or has had a dependent child who is or was his;

(3)  lives in a de facto union with another person of the opposite or the same sex and with a child of that person;

(4)  has reached her twentieth week of pregnancy;

(5)  has obtained a bachelor’s degree from a university in Québec;

(5.1)  he has completed the number of years of study and accumulated the number of credits determined by regulation, in the cases and on the conditions provided for therein, in the same university course of study;

(6)  is pursuing Master’s or Doctoral studies in an educational institution which is designated by the Minister for the granting of loans and bursaries or loans only;

(7)  holds a third cycle diploma or the equivalent from a conservatoire de musique or a conservatoire d’art dramatique in Québec;

(8)  holds a bachelor’s degree or the equivalent obtained outside Québec;

(9)  has provided for the student’s own needs and resided elsewhere than at the place of residence of the student’s father, mother, or sponsor, as the case may be, for at least two years, excluding any period during which the student was in full-time attendance at an educational institution;

(10)  has, for at least two years, excluding any period during which the student was in full-time attendance at an educational institution, held remunerated employment or received, for such employment, benefits under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) or income replacement indemnities pursuant to the Act respecting industrial accidents and occupational diseases (chapter A-3.001) and those received for the same reason pursuant to an Act of Canada or of another province or territory of Canada respecting industrial accidents and occupational diseases, and those received for the same reason under the Crime Victims Compensation Act (chapter I-6), the Act to promote good citizenship (chapter C-20) or the Automobile Insurance Act (chapter A-25);

(10.1)  has been successively, for at least two years, excluding any period during which the student was in full-time attendance at an educational institution, in situations described in subparagraphs 9 and 10;

(11)   is unmarried and the student’s parents or sponsor are deceased;

(12)  has not been a full-time student for at least seven years since the student has ceased being subject to compulsory school attendance.

For the purposes of any subsequent application for financial assistance, a student having lived in a de facto union with another person as in subparagraph 3 of the first paragraph for 24 consecutive months or more, or a student having been pregnant for a period of 20 weeks or more shall continue to be considered as receiving no contribution from the student’s parents or sponsor.

1990, c. 11, s. 4; 1996, c. 79, s. 1; 1997, c. 90, s. 2; 1999, c. 14, s. 4; 2001, c. 18, s. 1; 2002, c. 6, s. 79; 2003, c. 17, s. 2.

5. For the purposes of the loans and bursaries program, the contribution of the student and, where applicable, that of the student’s parents, sponsor or spouse shall be established according to their income, on the conditions and in accordance with the rules prescribed by regulation for each form of assistance.

The regulations may provide for certain exemptions and determine, for each of these contributions, the conditions under which a reduction or an exemption may be granted.

1990, c. 11, s. 5; 2003, c. 17, s. 3.

6. (Repealed).

1990, c. 11, s. 6; 2003, c. 17, s. 4.

7. (Repealed).

1990, c. 11, s. 7; 2003, c. 17, s. 4.

8. (Repealed).

1990, c. 11, s. 8; 2002, c. 13, s. 3.

CHAPTER III FINANCIAL ASSISTANCE PROGRAMS

DIVISION 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

1994, c. 36, s. 3.

§ 1 . — Definitions

9. For the purposes of this division, a full-time student is one considered as such by the educational institution attended, and a part-time student is one who is not a full-time student and who receives a minimum of 20 hours of instruction per month.

1990, c. 11, s. 9; 1994, c. 36, s. 4; 2003, c. 17, s. 5.

10. A student who has a major functional deficiency within the meaning of the regulation and who, for this reason, pursues studies recognized by the Minister on a part-time basis is deemed to do so on a full-time basis.

A student who is in any of the situations determined by regulation is also deemed to pursue studies recognized by the Minister on a full-time basis.

1990, c. 11, s. 10; 2002, c. 13, s. 4; 2003, c. 17, s. 6.

§ 2 . — Loans

11. Every person shall be eligible for a loan for full-time studies at the postsecondary level provided that

(1)  he is a Canadian citizen or, within the meaning of the Immigration and Refugee Protection Act (Statutes of Canada, 2001, chapter 27), a permanent resident or a protected person, or he belongs to another class of persons determined by regulation;

(2)  he resides or is deemed to reside in Québec within the meaning of the regulation;

(3)  he has been admitted to an educational institution designated by the Minister for the granting of loans and bursaries or loans only, in order to pursue studies recognized by the Minister on a full-time basis;

(4)  he is, at the beginning of the year of allocation, within the period of eligibility for a loan as established by regulation;

(5)  his financial means are determined to be insufficient according to the rules established by this Act;

(6)  he has not, at the beginning of the year of allocation, reached the maximum level of indebtedness determined by regulation.

1990, c. 11, s. 11; 1996, c. 79, s. 2; 2003, c. 17, s. 7; 2004, c. 28, s. 1.

12. The categories of allowable expenses and the amounts determined as such expenses for the purpose of computing the amount of the loan that may be granted to a student for a year of allocation shall be determined by regulation.

1990, c. 11, s. 12; 2003, c. 17, s. 8.

13. The maximum loan amount shall be established pursuant to the regulations according to the number of months during which the student is enrolled or deemed to be enrolled within the meaning of the regulations, according to the level of education, the cycle and the classification of the educational institution attended and according to the student’s family situation.

The amount may be increased or reduced in the cases and subject to the conditions determined by regulation.

1990, c. 11, s. 13; 1996, c. 79, s. 3; 2003, c. 17, s. 9.

14. The amount of the loan shall be computed, for and up to the first portion fixed by regulation, by subtracting the amount determined as the contribution of the student from the sum obtained by adding the amount determined as allowable expenses and the amount determined as supplementary expenses, and, for the second portion, by subtracting the following amounts from the same sum:

(1)  the amount determined as the contribution of the student and, where applicable, the amount determined as the contribution of the student’s parents, sponsor or spouse;

(2)  the amount of the first portion of the loan fixed by regulation.

The amount obtained under the first paragraph shall not exceed the maximum amount of a loan established pursuant to section 13.

1990, c. 11, s. 14; 1996, c. 79, s. 4; 1997, c. 90, s. 3; 2003, c. 17, s. 10.

15. The Minister shall issue, to a student who is enrolled or deemed to be enrolled within the meaning of the regulations, a guarantee certificate in respect of a loan contracted by the student with a financial institution recognized by the Minister.

The loan shall be disbursed in monthly or periodic payments, in accordance with the terms and conditions determined by the Minister. The Minister shall notify the student and the financial institution of the amount of each of these payments and of the time at which they may be disbursed.

The Minister may specify that the guarantee certificate is valid in respect of a loan contracted by the student for any subsequent year of allocation.

1990, c. 11, s. 15; 2003, c. 17, s. 11.

16. Where a student has a major functional deficiency within the meaning of the regulation, the amount determined under section 14 shall be paid as a bursary.

1990, c. 11, s. 16.

17. A student who is a minor and who receives a guarantee certificate is deemed to be of full age for the purposes of the guaranteed loan.

1990, c. 11, s. 17; 2003, c. 17, s. 12.

§ 3 . — Bursaries

18. A student is eligible for a bursary provided that the student has been admitted to an educational institution designated by the Minister for the granting of loans and bursaries in order to pursue studies recognized by the Minister on a full-time basis and the student is within the period of eligibility established by regulation for a bursary.

1990, c. 11, s. 18; 2003, c. 17, s. 13.

19. (Repealed).

1990, c. 11, s. 19; 2003, c. 17, s. 14.

20. (Repealed).

1990, c. 11, s. 20; 2003, c. 17, s. 14.

21. The amount of the bursary shall be computed by subtracting the part, determined pursuant to the regulations, of the maximum loan amount established under section 13 from the amount of the loan granted under section 14.

However, where the eligibility period is extended, the amount of the bursary shall be computed by adding the amounts allocated, for the categories of allowable expenses determined by regulation, up to the amount obtained under the first paragraph.

1990, c. 11, s. 21; 2001, c. 18, s. 2; 2003, c. 17, s. 15.

22. The bursary shall be paid to the financial institution so that it may be applied to the repayment of the guaranteed loan. The bursary is inalienable and unseizable.

The Minister may suspend payment of the bursary if the student is required to file a fiscal return pursuant to the Taxation Act (chapter I‐3) and fails to do so.

1990, c. 11, s. 22; 2003, c. 17, s. 16.

§ 4 . — Management of a loan

23. For the purposes of this subdivision,

“full exemption period” means the period beginning on the date on which a borrower obtains a first loan or resumes being a full-time student, and ending at the end of the month in which the borrower ceases to be a full-time student or, if the borrower is in a situation provided for by regulation, at the time mentioned therein; and

“partial exemption period” means the period of six months following the end of the full exemption period.

1990, c. 11, s. 23; 1996, c. 79, s. 5; 1997, c. 90, s. 4; 2003, c. 17, s. 17.

24. During a borrower’s full exemption period, the Minister shall pay the interest on the balance of the loan, at the rate fixed by regulation, to any financial institution which has made a guaranteed loan.

During the borrower’s partial exemption period, the borrower must pay the interest on the balance of the loan at the rate fixed by regulation. At the end of this period, any interest not paid by the borrower shall be capitalized.

Despite the second paragraph, the interest on the portion of the loan repaid pursuant to section 22 shall be borne by the Minister.

1990, c. 11, s. 24; 1992, c. 68, s. 156; 1994, c. 17, s. 77; 1997, c. 90, s. 5; 1997, c. 96, s. 165; 1999, c. 43, s. 15; 2003, c. 19, s. 250; 2003, c. 17, s. 18.

24.1. A private educational institution that receives a cancellation notice in respect of a services contract from a student who has received financial assistance in the form of a loan shall inform the Minister.

The Minister may, in such a case, order the educational institution to remit the amounts referred to in section 74 of the Act respecting private education (chapter E-9.1) to the financial institution so that they may be applied to the repayment of the loan.

1997, c. 90, s. 6.

25. The borrower must begin to reimburse his loan to the financial institution in accordance with the terms and conditions prescribed by regulation when his partial exemption period expires or, if he is in a precarious financial situation within the meaning of the regulation, from the time and in accordance with the terms and conditions prescribed by regulation.

1990, c. 11, s. 25; 2003, c. 17, s. 19.

25.1. The Minister shall reimburse, at the request of the borrower, the portion of the loan determined by regulation, in the cases and on the conditions provided for therein, if the borrower has completed a program of studies within the time prescribed and has obtained official certification thereof.

1997, c. 90, s. 7.

26. (Repealed).

1990, c. 11, s. 26; 1996, c. 79, s. 6.

27. In the event of the death of a borrower, the Minister shall repay to the financial institution the balance of the guaranteed loan with the interest due.

1990, c. 11, s. 27; 2003, c. 17, s. 20.

28. The Minister shall reimburse to any financial institution the losses in principal and interest resulting from a guaranteed loan.

1990, c. 11, s. 28; 2003, c. 17, s. 21.

29. The Minister is subrogated by operation of law in the rights of a financial institution to which he makes a repayment under section 27 or 28.

However, subrogation does not take place if the borrower dies during the full exemption period.

1990, c. 11, s. 29; 2003, c. 17, s. 22.

30. Recovery of an amount owed shall be prescribed by five years from the time it becomes payable.

However, the prescription shall be interrupted if the debtor resumes his studies on a full-time basis.

1990, c. 11, s. 30.

31. The Minister shall send a formal demand to any debtor by way of a notice stating the amount of and the reasons for exigibility of the debt.

A formal demand under this section, sent to the last address declared to the Minister by the debtor or to any other address of which the Minister has been informed, interrupts the prescription.

1990, c. 11, s. 31; 2003, c. 17, s. 23.

31.1. Where warranted by exceptional circumstances, the Minister may grant a release from all or part of an amount owed.

2003, c. 17, s. 24.

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

2002, c. 13, s. 5.

32. For the purposes of this division,

“part-time” means, per trimester and subject to the regulations,

(1)  at the secondary level, 76 to 179 class hours or 6 to 11 credits;

(2)  at the college level, 2 or 3 courses or 76 to 179 periods;

(3)  at the university level, 6 to 11 credits;

“trimester” means the period of approximately three months beginning on 1 September, 1 January or 1 May of a year of allocation.

1990, c. 11, s. 32; 2002, c. 13, s. 5; 2003, c. 17, s. 25.

33. Every person shall be eligible for a loan provided that

(1)  the person is a Canadian citizen or, within the meaning of the Immigration and Refugee Protection Act (Statutes of Canada, 2001, chapter 27), a permanent resident or a protected person, or the person belongs to another class of persons determined by regulation;

(2)  the person resides in Québec within the meaning of the regulation;

(3)  the person has been admitted to an educational institution designated by the Minister for the granting of loans, in order to pursue studies recognized by the Minister on a part-time basis;

(4)  the person is, at the beginning of the year of allocation, within the period of eligibility for a loan as established by regulation;

(5)  the amount of the person’s annual financial resources is less than the amount determined by regulation;

(6)  the person has not, at the beginning of the year of allocation, reached the maximum level of indebtedness determined by regulation.

1990, c. 11, s. 33; 2002, c. 13, s. 5; 2003, c. 17, s. 26; 2004, c. 28, s. 2.

34. The student’s financial resources shall be established by adding, according to the terms and conditions determined by regulation, the income of the student and, where applicable, that of the student’s parents, sponsor or spouse.

However, the income of the parents or sponsor is not included if the student is not, pursuant to section 4, deemed to receive a contribution from his or her parents or sponsor.

1990, c. 11, s. 34; 2002, c. 13, s. 5; 2003, c. 17, s. 27.

35. The amount of a loan shall be computed by adding the amounts allocated for the categories of allowable expenses determined by regulation.

The amount obtained shall not exceed the balance of financial assistance that may be granted to the student in the form of a loan.

1990, c. 11, s. 35; 2002, c. 13, s. 5.

36. The Minister shall issue to a student who is enrolled a guarantee certificate in respect of a loan contracted by the student with a financial institution recognized by the Minister.

The loan shall be disbursed in periodic payments, in accordance with the terms and conditions determined by the Minister. The Minister shall notify the student and the financial institution of the amount of each of these payments and of the time at which they may be disbursed.

The Minister may specify that the guarantee certificate is valid in respect of a loan contracted by the student for any subsequent year of allocation.

Section 17 applies to a student who is a minor.

1990, c. 11, s. 36; 2002, c. 13, s. 5; 2003, c. 17, s. 28.

36.1. Sections 23 to 28, the first paragraph of section 29 and sections 30 to 31.1 apply, with the necessary modifications, where the borrower obtains a loan pursuant to this division.

2002, c. 13, s. 5; 2003, c. 17, s. 29.

36.2. Where the borrower becomes a full-time student within the meaning of section 9, the Minister shall pay to the financial institution that has granted a guaranteed loan, interest on the balance of the loan as if the loan had been granted under a loans and bursaries program.

2002, c. 13, s. 5; 2003, c. 17, s. 30.

CHAPTER IV GENERAL PROVISIONS

37. In order to qualify for financial assistance for studies in vocational training at the secondary level or for studies at the postsecondary level, the student must apply to the Minister within the period of time prescribed by regulation, and supply the Minister with any document, medical report or information required to examine his eligibility, to establish his contribution and the other contributions which apply to him, and to compute the amount of financial assistance.

The Minister shall examine duly completed applications and render his decision.

1990, c. 11, s. 37; 1994, c. 36, s. 5.

37.1. The Minister may, however, in the cases and subject to the conditions determined by regulation, grant advance financial assistance in the form of a loan.

The amount paid constitutes an instalment of any financial assistance eventually granted to the student.

1996, c. 79, s. 7; 2003, c. 17, s. 31.

38. In any year of allocation, a student may, subject to the cases prescribed by regulation, make an application for financial assistance under only one financial assistance program.

1990, c. 11, s. 38.

39. The student has an obligation

(1)  to inform the Minister with reasonable dispatch of any change in his situation that may affect the amount of financial assistance;

(2)  to transmit to the Minister any required declaration which is necessary for the purposes of this Act;

(3)  to notify the Minister, within 30 days, of any change of address.

1990, c. 11, s. 39; 2003, c. 17, s. 32.

40. After having been notified in accordance with the provisions of paragraph 1 of section 39, or after having been otherwise informed of a change which may affect the amount of financial assistance to be granted to a student, the Minister shall reconsider the duly completed file of the student and render his decision.

Where, as a result of the Minister’s decision, the amount of financial assistance is increased, the Minister shall notify the student and, where applicable, the financial institution of the additional amount granted and of any special terms and conditions of payment established by the Minister.

Where, as a result of the Minister’s decision, the amount of a loan is reduced, the Minister shall recover the amount of the reduction from the amount of any future financial assistance, in accordance with the rules prescribed by regulation, after notifying the student.

1990, c. 11, s. 40; 1997, c. 90, s. 8; 2003, c. 17, s. 33.

41. If an application for financial assistance is filed after the time prescribed or if the provisions of paragraph 2 of section 39 have been contravened, the Minister may refuse the application or reduce or cancel a financial assistance payment.

If the provisions of paragraph 3 of section 39 have been contravened, the Minister may suspend payment of financial assistance until the student has met his or her obligations.

1990, c. 11, s. 41; 2003, c. 17, s. 34.

42. A person who has received a bursary amount without entitlement must repay the amount to the Minister without delay, unless the person has been informed of the Minister’s intention to recover the amount from the amount of any future financial assistance, in accordance with the rules prescribed by regulation, or has made an agreement with the Minister on another method of repayment. Interest on the amount due shall be payable at the rate fixed by regulation, from the end of the full exemption period within the meaning of section 23.

However, any person who, without being entitled to it, has received financial assistance in the form of a bursary as a result of an administrative error of which he could not reasonably have been aware, is not required to reimburse the amount to which he was not entitled.

Sections 30 and 31 apply with respect to an amount owed under this section.

1990, c. 11, s. 42; 1997, c. 90, s. 9; 2001, c. 18, s. 3; 2003, c. 17, s. 35.

42.1. A person who, without entitlement, has received financial assistance in the form of a loan or a bursary, as a result of a false declaration, must reimburse to the Minister without delay the amount received without entitlement.

The Minister shall reimburse to the financial institution the amount of financial assistance in the form of a loan that is claimed by the Minister from the borrower.

Interest shall be payable on the amount owed at the rate fixed by regulation, from the time the financial assistance is paid by the Minister or the financial institution.

Sections 30 and 31 apply in respect of an amount owed under this section.

1997, c. 90, s. 10.

43. The following persons are not eligible for financial assistance for studies in vocational training at the secondary level or for studies at the postsecondary level:

(1)  a person who, pursuant to section 29, must repay a loan amount, as long as this amount has not been repaid, unless the person has made an agreement with the Minister with respect to repayment terms and conditions or has been informed of the Minister’s intention to recover the amount from the amount of any future financial assistance;

(2)  a person who, pursuant to section 42, must repay a bursary amount, as long as this amount has not been repaid, unless the person has made an agreement with the Minister with respect to repayment terms and conditions or has been informed of the Minister’s intention to recover the amount from the amount of any future financial assistance;

(3)  any person who, without being entitled to it, received financial assistance as a result of a false declaration which had the effect of increasing the amount allocated or rendering that person eligible, for a period of two years from the date on which the Minister becomes aware of the false declaration or until the amount is reimbursed if this is not done within two years.

1990, c. 11, s. 43; 1994, c. 36, s. 6; 1997, c. 90, s. 11; 2003, c. 17, s. 36.

43.1. Any student affected by a decision of the Minister concerning eligibility for financial assistance or the amount of financial assistance may apply for a review.

1996, c. 79, s. 8; 2003, c. 17, s. 37.

43.2. The application for review shall be sent to the public servant designated by the Minister. The public servant shall receive every application for review, verify that the student’s file is complete, analyze the application and, where expedient, recommend any correction or modification he considers necessary to the Minister.

1996, c. 79, s. 8.

44. The Minister may grant financial assistance to a person who is not eligible for a reason other than those mentioned in paragraphs 1 to 3 of section 11, in paragraphs 1 and 2 of section 18, in paragraphs 1 to 3 of section 33 or in section 43, or who, although eligible, would not be entitled to sufficient financial assistance, if he considers that the pursuit of his studies by that student is otherwise jeopardized.

The total amount of financial assistance granted in the form of a loan for a given year of allocation must not, however, exceed the maximum amount determined under section 13 and the financial assistance granted in the form of a bursary under the first paragraph must not exceed the amount of financial assistance granted in the form of a loan under that paragraph.

In addition, where the Minister grants financial assistance under the first paragraph to a person who is no longer within the period of eligibility for a loan or a bursary, the financial assistance granted in the form of a bursary shall not exceed the amount established under the second paragraph of section 21. Where such assistance is granted to a person who benefits from an extension of the period of eligibility for a bursary, the financial assistance shall be granted only in the form of a loan.

A student whose application for review has been dismissed may apply to the examination committee for exceptional cases.

The Minister must include a statement of the financial assistance granted under this section and the reasons for such payments in the annual report which he must produce under section 4 of the Act respecting the Ministère de l’Éducation (chapter M‐15).

1990, c. 11, s. 44; 1993, c. 51, s. 73; 1994, c. 16, s. 50; 1996, c. 79, s. 9; 2001, c. 18, s. 4; 2002, c. 13, s. 6; 2003, c. 17, s. 38.

45. An examination committee for exceptional cases is hereby established. The members of the committee shall be appointed by the Minister after consultation with groups representing the personnel of educational institutions, the students and the socio-economic communities.

The term of office of such persons shall be specified in the deed of appointment.

1990, c. 11, s. 45.

46. Before rendering a decision under section 44, the Minister shall submit the application to the committee and obtain its advice.

1990, c. 11, s. 46.

47. The committee may adopt rules for its internal management. Such rules must be approved by the Government.

1990, c. 11, s. 47.

48. The Minister may make an agreement with any person, partnership or government department for the purpose of facilitating the carrying out of this Act.

1990, c. 11, s. 48; 1999, c. 40, s. 16; 2003, c. 17, s. 39.

CHAPTER V EXAMINATION

49. A person generally or specially authorized by the Minister to act as an examiner for the carrying out of this Act may require and obtain any information or relevant document and examine and make a copy of such documents.

1990, c. 11, s. 49.

50. In no case may an examiner be prosecuted for any act performed in good faith in the exercise of his functions.

1990, c. 11, s. 50.

51. On request, the examiner shall identify himself and produce a certificate signed by the Minister attesting his capacity.

1990, c. 11, s. 51.

52. No person may hinder an examiner in the exercise of his functions under section 49.

1990, c. 11, s. 52.

CHAPTER VI PENAL PROVISIONS

53. Every person who makes a statement he knows or should have known to be incomplete or to contain false or misleading information or who transmits a document which is incomplete or which contains such information so as to

(1)  render himself eligible for financial assistance for students;

(2)  receive financial assistance which can no longer be granted or which is greater than the assistance which may be granted,

is liable to a fine of not less than $250 and not more than $1,500.

1990, c. 11, s. 53.

54. Every person who contravenes a provision of section 52 is liable to a fine of not less than $250 and not more than $1,500.

1990, c. 11, s. 54.

55. (Repealed).

1990, c. 11, s. 55; 1992, c. 61, s. 44.

CHAPTER VII POWERS OF THE MINISTER AND REGULATIONS

DIVISION I POWERS OF THE MINISTER

56. The Minister may

(1)  establish the list of educational institutions at the secondary or postsecondary level designated by him for the granting of loans and bursaries;

(2)  establish the list of educational institutions at the secondary or postsecondary level designated by him for the granting of loans only;

(3)  establish the list of educational institutions at the secondary or postsecondary level that are designated by the Minister for the granting of loans for the purposes of the loans program for part-time studies in vocational training at the secondary level and for part-time studies at the postsecondary level;

(4)  establish the list of courses or courses of study, including the training period or not, recognized by him for the purposes of eligibility for financial assistance;

(5)  establish the list of financial institutions recognized by him for the purposes of guaranteed loans.

The lists referred to in subparagraphs 1, 2 and 3 of the first paragraph may be established by the Minister in such a way that particular courses of study are identified for which an educational institution at the secondary or postsecondary level is designated for the granting of loans and bursaries or for the granting of loans.

The list referred to in subparagraph 4 of the first paragraph may be established by the Minister in such a way that a particular educational institution at the secondary or postsecondary level is designated in respect of one or more particular courses of study recognized for the purposes of eligibility for financial assistance.

Instead of drawing up a list, the Minister may determine, for each level of education, for each cycle and for certain categories of institutions that the Minister identifies, the conditions that an educational institution must meet in order to be designated for the granting of loans and bursaries or the granting of loans, and the conditions that a course or course of study must meet in order to be recognized for the purposes of eligibility for financial assistance.

1990, c. 11, s. 56; 1994, c. 36, s. 7; 1996, c. 79, s. 10; 2002, c. 13, s. 7; 2003, c. 17, s. 40.

DIVISION II REGULATIONS

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.

CHAPTER VIII TRANSITIONAL AND FINAL PROVISIONS

58. (Amendment integrated into c. A-29, s. 89).

1990, c. 11, s. 58.

59. (Amendment integrated into c. S-3.1.1, s. 25).

1990, c. 11, s. 59.

60. (Amendment integrated into c. S-3.1.1, s. 91).

1990, c. 11, s. 60.

61. (Omitted).

1990, c. 11, s. 61.

62. Any loan contracted under the Student Loans and Scholarships Act (chapter P-21) shall be deemed to have been contracted under the provisions of this Act.

Notwithstanding the first paragraph, any borrower who was, upon the coming into force of this Act, considered to be without sufficient financial resources under section 31 of the Regulation respecting student loans and scholarships (R.R.Q., 1981, c. P-21, r. 2), shall continue to be subject to sections 31 and 32 of that regulation until the expiry of the three-month period mentioned in section 32.

1990, c. 11, s. 62.

63. A debt which is recoverable under the Student Loans and Scholarships Act (chapter P-21) may be recovered under this Act, except where judicial proceedings have already been instituted in respect of the amount of that debt.

1990, c. 11, s. 63.

64. Any regulations made up to 1 October 1990 under section 57 may provide that they have effect from 1 May 1990.

1990, c. 11, s. 64.

65. The Minister of Education is responsible for the administration of this Act.

1990, c. 11, s. 65; 1993, c. 51, s. 72; 1994, c. 16, s. 50.

66. Paragraph 1 of section 1, sections 2 to 7 and 9 to 31 and 37 to 55, subparagraphs 1, 2, 4 and 5 of the first paragraph and the second and third paragraphs of section 56 and sections 57 to 65 have effect from 1 May 1990.

1990, c. 11, s. 66.

67. (Omitted).

1990, c. 11, s. 67.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 11 of the statutes of 1990, in force on 1 September 1990, is repealed, except section 67, effective from the coming into force of chapter A-13.3 of the Revised Statutes.