Canada Emergency Student Benefit Regulations (SOR/2020-105)

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 ActFootnote ^a, makes the annexed Canada Emergency Student Benefit Regulations .

• Return to footnote ^aS.C. 2020, c. 7

Gatineau, May 14, 2020

La ministre de l’Emploi et du Développement social, Carla Qualtrough Minister of Employment and Social Development

Definitions

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Canada Emergency Student Benefit Act. (Loi)

dependant

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

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)

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note:May 10, 2020

8 These Regulations are deemed to have come into force on May 10, 2020.