Canada Emergency Student Benefit Regulations: SOR/2020-105
Canada Gazette, Part II, Volume 154, Number 11
Registration
SOR/2020-105 May 14, 2020
CANADA EMERGENCY STUDENT BENEFIT ACT
The Minister of Employment and Social Development, with the consent of the Minister of Finance pursuant to section 3, subsection 5(5), paragraphs 6(2)(a) and (b) and subsections 7(2) and 8(2) of the Canada Emergency Student Benefit Act footnote a, makes the annexed Canada Emergency Student Benefit Regulations .
Gatineau, May 14, 2020
Carla Qualtrough
Minister of Employment and Social Development
Canada Emergency Student Benefit Regulations
Definitions
Definitions
1 The following definitions apply in these Regulations.
- Act means the Canada Emergency Student Benefit Act. (Loi)
- dependant, in relation to a student, means
- (a) a child (including an adopted child, a stepchild or a foster child) who is under 12 years of age and is wholly dependent on the student or the student’s spouse or common-law partner for their care and upbringing; or
- (b) a person with a disability who is wholly dependent on the student or the student’s spouse or common-law partner for their care and upbringing. (personne à charge)
- disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — whether permanent or episodic in nature, or evident or not, that, in interaction with a barrier, as defined in section 2 of the Accessible Canada Act, hinders a person’s full and equal participation in society. (handicap)
Post-secondary educational program
2 For the purpose of the definition student in section 2 of the Act, a post-secondary educational program includes a series of courses taken over a period of at least 12 weeks at the post-secondary level at
- (a) an educational institution set out in the Master List of Designated Educational Institutions, published by the Government of Canada on its website;
- (b) an educational institution set out in the Master List of Certified Educational Institutions, published by the Government of Canada on its website;
- (c) an educational institution set out in the Directory of Educational Institutions and Programs, published by the Government of Quebec on its website; or
- (d) an Indigenous institution recognized by a province.
Student who is to graduate
3 A person who is to graduate from secondary school in 2020, has applied for enrollment in a post-secondary educational program that leads to a degree, diploma or certificate that is scheduled to begin before February 1, 2021 and plans to enroll in the program if their application is accepted is prescribed for the purposes of paragraph (c) of the definition student in section 2 of the Act.
Canada Emergency Student Benefit
Prescribed period
4 For the purpose of subsection 5(1) of the Act, the prescribed period is
- (a) for a student described in paragraph (a) of the definition student in section 2 of the Act, the period beginning on May 10, 2020 and ending August 29, 2020; and
- (b) for a student described in paragraph (b) or (c) of that definition
- (i) who graduates before May 10, 2020, the period beginning on May 10, 2020 and ending on August 29, 2020,
- (ii) who graduates on or after May 10, 2020 but before June 7, 2020, the period beginning on June 7, 2020 and ending on August 29, 2020, and
- (iii) who has not graduated before June 7, 2020, the period beginning on July 5, 2020 and ending on August 29, 2020.
Maximum allowable income
5 (1) An amount of income of $1000.01 is determined for the purposes of paragraph 6(1)(a) of the Act.
Excluded income
(2) Any income received by a student from employment or self-employment is excluded from the application of subparagraph 6(1)(b)(i) of the Act if the total of such income received in respect of the four-week period for which they apply for the Canada emergency student benefit is $1000 or less.
Amount of benefit
6 For the purpose of subsection 7(1) of the Act, the amount of a Canada emergency student benefit for any week is
- (a) $500, in the case of a student with a dependant or a student with a disability; and
- (b) $312.50, in any other case.
Maximum number of weeks
7 For the purposes of subsection 8(1) of the Act, the maximum number of weeks for which a student may receive a Canada emergency student benefit is 16 minus the number of weeks, if any, for which the student receives an income support payment under the Canada Emergency Response Benefit Act or an employment insurance emergency response benefit referred to in section 153.7 of the Employment Insurance Act.
Coming into Force
May 10, 2020
8 These Regulations are deemed to have come into force on May 10, 2020.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Government of Canada recognizes that students and recent graduates are being significantly affected by the economic impacts of the COVID-19 pandemic.
As many post-secondary students adapt to the new reality brought on by COVID-19, they are concerned about the effect of the pandemic on their ability to continue their studies, secure and retain summer employment, pay their bills and save for tuition in the fall. Additionally, students who are about to graduate might struggle to find employment in their field of study, which may in turn have a negative impact on the value of their education over the long term.
The Canada Emergency Student Benefit Act (the Act), which received royal assent on May 1, 2020, created the Canada Emergency Student Benefit (CESB) to provide financial support to post-secondary students, recent post-secondary graduates, and graduating high school students. The Act also provides the Minister of Employment, Workforce Development and Disability Inclusion, with the consent of the Minister of Finance, the regulatory power to adopt the measures and establish the key parameters to implement the Act.
Objective
The objective of the Canada Emergency Student Benefit Regulations (the Regulations) is to provide financial support to students who, due to the COVID-19 pandemic, are facing challenges to find and retain employment and pay their bills by establishing key parameters needed to implement the CESB.
CESB payments to students will build on the relief provided by a six-month interest-free moratorium on the repayment of Canada Student Loans (CSL), from March 30, 2020, to September 30, 2020, announced by the Government of Canada in March 2020.
Description and rationale
The Regulations establish several key parameters that are not set out in the Act. Specifically, the Regulations include the following information:
- “Post-secondary educational program” includes a series of courses at a post-secondary level of at least 12 weeks in duration at
- an educational institution listed on the Master List of Designated Educational Institutions;
- an educational institution listed on the Master List of Certified Educational Institutions;
- an educational institution listed in the directory Répertoire des Établissements d’enseignement et des Programmes d’études published by the Government of Quebec; or
- an Indigenous educational institution recognized by a province;
- high school students who are scheduled to graduate at any time before December 31, 2020, are added as a class of students eligible for the CESB if they have applied to a post-secondary educational program scheduled to begin before February 1, 2021, and plan to attend if accepted;
- for post-secondary students and graduates, the CESB is available between May 10, 2020, and August 29, 2020;
- for high school students and those receiving the equivalent of a high school diploma, the CESB is available between
- May 10, 2020, and August 29, 2020, if they receive a high school diploma or equivalent before May 10, 2020;
- June 7, 2020, and August 29, 2020, if they receive a high school diploma or equivalent between May 10, 2020, and June 6, 2020; and
- July 5, 2020, and August 29, 2020, if they receive or are to receive a high school diploma or equivalent between June 7, 2020, and December 31, 2020;
- a student may be eligible for the CESB if their income from employment and self-employment is $1,000 or less during the four-week benefit period;
- the benefit is $1,250 per four-week period;
- for students with disabilities and those with dependants, the benefit is $2,000 per four-week period;
- “disability” is defined as any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment—or a functional limitation—whether permanent or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society;
- “dependant” is defined as a child under 12 years of age or a person with a disability who is wholly dependent on the student or the student’s spouse or common-law partner; and
- the maximum number of weeks for which a student may receive the CESB is 16 weeks, minus the number of weeks for which the student has received the Canada Emergency Response Benefit or the Employment Insurance Emergency Response Benefit, if any.
Consultation
Employment and Social Development Canada regularly engages with stakeholders and partners in post-secondary education, including student groups, borrowers, and provinces and territories, through the Intergovernmental Consultative Committee on Student Financial Assistance (ICCSFA) and the National Advisory Group on Student Financial Assistance (NAGSFA). Members of these forums raised concerns about challenges students are likely to face in finding employment due to COVID-19 and have reacted favourably to the announcement of the CESB.
As these Regulations respond to the immediate and extraordinary challenges posed by the COVID-19 pandemic, it is necessary to implement these measures expeditiously to be effective. Consequently, the Regulations were not pre-published for public comment.
Cost-benefit analysis
The analytical requirements for cost-benefit analysis have been adjusted as it relates to the response to COVID-19.
The CESB is part of the Government of Canada’s COVID-19 Economic Response Plan, and will provide direct financial support to Canadian students who, due to the COVID-19 pandemic, are facing challenges to find and retain employment, and pay their bills. In addition to the direct benefits to students, the CESB will help stabilize the economy. The cost of the CESB to the Government of Canada has been estimated at $5.25 billion in 2020–2021.
Small business lens
The small business lens does not apply to these Regulations, as there are no impacts on small businesses.
One-for-one rule
The one-for-one rule does not apply, as there is no change in administrative burden nor are there any administrative costs that would impact businesses.
Regulatory cooperation and alignment
The Regulations are not related to any commitment under a formal regulatory cooperation forum.
Implementation
The Regulations came into force on May 10, 2020, and the first four-week CESB payment period began on May 10, 2020. CESB applications and payments will be managed by the Canada Revenue Agency.
Contact
Agata Frankowicz
Director
Canada Student Loans Program
Employment and Social Development Canada
200 Montcalm Street, Tower II, 1st Floor
Gatineau, Quebec
K1A 0J9
Email: agata.frankowicz@hrsdc-rhdcc.gc.ca