Canada Student Financial Assistance Regulations (SOR/95-329)

• 38.2 (1) The Minister, an appropriate authority or a body authorized by the Minister for a province may make a grant for students with dependants to a qualifying student who

  • (a) is qualified for enrolment or is enrolled as a part-time student;

  • (b) has one or more dependants;

  • (c) needs an amount as determined under subsection 12(2) of the Act in excess of the maximum amount payable to the student under subsection 38(3) or (4);

  • (d) meets the criteria set out in paragraphs 12(1)(a) and (b) of the Act; and

  • (e) is not denied further student loans under section 15.

  • (f) [Repealed, SOR/2018-31, s. 8]

• (2) The grant for each loan year is the lesser of

  • (a) the amount the qualifying student needs as determined under subsection 12(2) of the Act;

  • (b) in the case of an eligible student who has

    • (i) one or two dependants, the amount determined by the following formula, to a maximum of $40 per week of study:

      (A – (B × C)) × D

      where

      A

      is $40,

      B

      is the result obtained by subtracting the applicable annual income threshold for their family size in accordance with Table 4 of Schedule 4 from the student’s family income,

      C

      is the weekly phase-out rate set out in column 3 of Table 4 of Schedule 4, and

      D

      is the number of weeks of study, and

    • (ii) three or more dependants, the amount determined by the following formula, to a maximum of $60 per week of study:

      (A – (B × C)) × D

      where

      A

      is $60,

      B

      is the result obtained by subtracting the applicable annual income threshold for their family size in accordance with Table 5 of Schedule 4 from the student’s family income,

      C

      is the weekly phase-out rate set out in column 3 of Table 5 of Schedule 4, and

      D

      is the number of weeks of study; and

  • (c) $1,920.

• (3) Despite subsection (2), the grant for the loan year commencing on August 1, 2024 is the lesser of

  • (a) the amount the qualifying student needs as determined under subsection 12(2) of the Act;

  • (b) in the case of an eligible student who has

    • (i) one or two dependants, the amount determined by the following formula, to a maximum of $56 per week of study:

      (A – (B × C)) × D

      where

      A

      is $56,

      B

      is the result obtained by subtracting the applicable annual income threshold for their family size in accordance with Table 9 of Schedule 4 from the student’s family income,

      C

      is the weekly phase-out rate set out in column 3 of Table 9 of Schedule 4, and

      D

      is the number of weeks of study, and

    • (ii) three or more dependants, the amount determined by the following formula, to a maximum of $84 per week of study:

      (A – (B × C)) × D

      where

      A

      is $84,

      B

      is the result obtained by subtracting the applicable annual income threshold for their family size in accordance with Table 10 of Schedule 4 from the student’s family income,

      C

      is the weekly phase-out rate set out in column 3 of Table 10 of Schedule 4, and

      D

      is the number of weeks of study; and

  • (c) $2,688.

38.3 [Repealed, SOR/2005-47, s. 1]

39 [Repealed, SOR/98-402, s. 9]

40 [Repealed, SOR/2009-143, s. 11]

Grant for Students with Disabilities

• 40.01 (1) The Minister, an appropriate authority or a body authorized by the Minister for a province may make a grant to a qualifying student who has either a permanent disability or a persistent or prolonged disability and who

  • (a) [Repealed, SOR/2022-131, s. 8]

  • (b) meets the criteria set out in paragraphs 12(1)(a) and (b) of the Act; and

  • (c) is not denied further student loans under section 15.

• (2) In order to obtain a grant, a qualifying student shall provide, with their loan application, a document or documents that demonstrate that the student has a permanent disability or a persistent or prolonged disability.

• (3) The grant for a loan year shall be $2,000.

• (4) Despite subsection (3), the grant for the loan year commencing on August 1, 2024 is $2,800.

Grant for Full-time Students

• 40.02 (1) The Minister, an appropriate authority or a body authorized by the Minister for a province may make a grant to a qualifying student who

  • (a) is qualified for enrolment or is enrolled as a full-time student in a program of studies of at least two years’ duration that leads to a degree, certificate or diploma not beyond the undergraduate level;

  • (b) meets the criteria set out in paragraphs 12(1)(a) and (b) of the Act; and

  • (c) is not denied further student loans under section 15.

• (2) The maximum amount of the grant for each month of study shall be the lesser of $375 and the amount determined by the following formula:

  A – (B x C)

  where

  A

  is $375,

  B

  is the result obtained by subtracting the applicable annual income threshold for their family size in accordance with Table 6 of Schedule 4 from the student’s family income, and

  C

  is the monthly phase-out rate set out in column 3 of Table 6 of Schedule 4.

• (2.1) Despite subsection (2), for the loan year commencing on August 1, 2024, the maximum amount of the grant for each month of study is the lesser of $525 and the amount determined by the formula

  A – (B x C)

  where

  A

  is $525;

  B

  is the result obtained by subtracting the applicable annual income threshold for their family size in accordance with Table 11 of Schedule 4 from the student’s family income; and

  C

  is the monthly phase-out rate set out in column 3 of Table 11 of Schedule 4.

• (3) [Repealed, SOR/2018-31, s. 9]

• (4) and (5) [Repealed, SOR/2018-31, s. 9]

• 40.021 (1) Beginning in 2018, the annual income thresholds set out in column 2 of Tables 1, 2, 3, 4, 5 and 6 of Schedule 4 are adjusted on August 1st of each year by the annual percentage increase to the Consumer Price Index for the previous calendar year, rounded to the nearest dollar. The adjustment applies for that loan year.

• (1.1) [Repealed, SOR/2023-157, s. 8]

• (2) If the thresholds determined in accordance with subsection (1) are less than those applicable for the previous loan year, no adjustment is to be made and the thresholds applicable for the previous loan year continue to apply for that loan year.

• (3) For the purpose of subsection (1), the Consumer Price Index is the annual all-items Consumer Price Index for Canada published by Statistics Canada.

Transition Grant — Canada Millennium Scholarship

• 40.022 (1) The Minister, an appropriate authority or a body authorized by the Minister for a province may make a transition grant with respect to a qualifying student who

  • (a) meets the criteria set out in paragraphs 12(1)(a) and (b) of the Act;

  • (b) is not denied further loans under section 15;

  • (c) received a Millennium Bursary for the 2008–2009 school year and has not ceased since that year to be a full-time student under section 8;

  • (d) has received no more than $25,000, in the aggregate, of grants under this section, sections 40.02 and 40.021, and Canada Millennium Scholarships other than awards under the Millennium Excellence Awards Program;

  • (e) has received the grants under this section, the grants referred to in sections 40.02 and 40.021 and Canada Millennium Scholarships other than awards under the Millennium Excellence Awards Program, in respect of no more than 32 months of study; and

  • (f) has received the grant for no more than three consecutive loan years.

• (2) The amount of the grant for a loan year shall be the amount that the student received as a Millennium Bursary in the 2008–2009 school year minus any amount that the student is entitled to receive under section 40.02 or 40.021 for that loan year.

• (3) In this section, Millennium Bursary means a bursary awarded under the Millennium Bursary Program other than a Millennium Access Bursary, awards under the Millennium Excellence Awards Program and scholarships awarded under the World Petroleum Council Millennium Scholarship Program.

Administration of Canada Student Grants

• 40.03 (1) The Minister shall pay to the appropriate authority or other body authorized by the Minister for a province the amount that the authority or other body requires to make Canada student grants to qualifying students for a loan year under this Part.

• (2) Each appropriate authority or other body shall provide to the Minister at the end of each loan year, or on request of the Minister during a loan year, an accounting of all grants made to qualifying students by that appropriate authority or other body during that loan year or other period identified by the Minister.

• (3) An appropriate authority or other body shall repay to the Minister any money provided for a loan year that is not given as grants in accordance with this Part. The overpayment becomes a debt due to Her Majesty in right of Canada on the day after the last day of that loan year.

Conversion of Grant into Loan

• 40.04 (1) The Minister may, by written notice, require a person to repay all or part of a grant, other than a grant awarded under section 34 or 40.022, to the Minister

  • (a) if the person is no longer qualified for enrolment or is no longer enrolled as a full-time student or a part-time student, as the case may be, within 30 days after the first day of class unless unforeseen and unavoidable circumstances beyond the control of the person caused that change in status;

  • (b) if the person received the grant on the basis of providing inaccurate information or of failing to provide relevant information to the Minister, the appropriate authority or the body authorized by the Minister for a province; or

  • (c) if the appropriate authority determines that the person was not entitled to the grant as the result of a reassessment of the person’s need as determined under subsection 12(2) of the Act.

• (2) The amount of the grant that is required to be repaid shall be converted into a direct loan.

• (3) The Minister may, based on documentary evidence provided within six months after the date of notice of the requirement, cancel or amend a requirement for repayment made under paragraph (1)(a) if the requirement is not justified under that paragraph.

PART VIIGeneral

Administrative Measures — Prescribed Period

• 40.05 (1) Subject to subsection (2), for the purposes of paragraphs 17.1(1)(a), (b), (d), (f) and (g) of the Act, the prescribed period is as follows:

  • (a) if the amount of assistance awarded in excess of the amount to which the person would have otherwise been entitled is

    • (i) less than $4,000, one year,

    • (ii) $4,000 or more but less than $6,000, two years,

    • (iii) $6,000 or more but less than $8,000, three years,

    • (iv) $8,000 or more but less than $10,000, four years, and

    • (v) $10,000 or more, five years;

  • (b) if the person is not a qualifying student, five years; and

  • (c) if administrative measures have already been taken in respect of the person under section 17.1 of the Act or section 18.1 of the Canada Student Loans Act, five years.

• (2) If more than one period applies to the person under subsection (1), the prescribed period is the longest applicable period.

Subrogation

• 40.1 (1) Where the Minister makes a payment to a lender pursuant to subparagraph 5(a)(viii) or (ix) of the Act in respect of a risk-shared loan, Her Majesty in right of Canada is subrogated in and to all the rights of the lender in respect of the risk-shared loan and, without limiting the generality of the foregoing, all rights and powers of the lender in respect of

  • (a) the risk-shared loan;

  • (b) any judgment obtained by the lender in respect of the risk-shared loan; and

  • (c) any security held by the lender for the repayment of the risk-shared loan.

• (2) Her Majesty in right of Canada is entitled to exercise all the rights, powers and privileges that the lender had or may exercise in respect of the loan, judgment or security, including the right to commence or continue any action or proceeding, to execute any release, transfer, sale or assignment, or in any way collect, realize or enforce the loan, judgment or security.