Foundational Learning Assistance Regulation

(Consolidated up to 142/2025) ALBERTA REGULATION 148/2021 Student Financial Assistance Act FOUNDATIONAL LEARNING ASSISTANCE REGULATION Table of Contents 1 Definitions 2 Application 3 Provision of foundational learning assistance 4 Applications 5 Eligibility criteria 6 Approval of programs of study 7 Approval of educational institutions 8 Amount of foundational learning assistance 9 Payment by instalments 10 Conditions of foundational learning assistance 11 False or misleading information 12 Reassessment 13 Review 14 Repayment of foundational learning assistance 15 Collection of information 16 Electronic submissions and signatures 17 Expiry 18 Coming into force Definitions 1 In this Regulation, (a) “common‑law partner” means an individual who is not married to a foundational learning student and who (i) has lived with the student in a conjugal relationship continuously for the past year, (ii) the student has declared to have a status equivalent to that of the student’s common‑law partner under any other law of Alberta or Canada, or (iii) is living with the student in a conjugal relationship where there are one or more children of the relationship by birth or adoption; (b) “foundational learning assistance” means financial assistance provided to a foundational learning student under this Regulation in respect of an approved program of study; (c) “foundational learning student” means a student who is (i) 18 years of age or older, or (ii) 16 or 17 years of age who (A) lives independently due to family breakdown or unsafe living conditions in the family home, (B) is married, has a common‑law partner or is widowed, separated or divorced, (C) is pregnant or is the parent of a child, or (D) meets any criteria established by the Minister; (d) “full-time student” means a foundational learning student who is enrolled in not less than 60%, or 40% in the case of a student with a disability, of a full-time program of study at one or more educational institutions, based on the number of courses in which the student is enrolled or the number of hours for which the student is enrolled; (e) “program of study” means an educational or training program involving adult basic education, academic upgrading, English language learning or skills training but does not include (i) a program of study as defined in the Post‑secondary Learning Act , or (ii) an apprenticeship education program as defined in the Skilled Trades and Apprenticeship Education Act ; (f) “student with a disability” means a student who has a physical, mental, sensory, intellectual or learning impairment that, in interaction with various barriers, may hinder the student’s participation in a program of study or the labour market. AR 148/2021 s1;157/2022 Application 2 This Regulation applies only in respect of a program of study that commences on and after April 1, 2022. Provision of foundational learning assistance 3 Notwithstanding anything in this Regulation, the Minister may provide foundational learning assistance only if money is available for foundational learning assistance. Applications 4 (1) An application for foundational learning assistance must be made (a) in the form and manner required by the Minister, and (b) within the period of time specified by the Minister. (2) The Minister may direct a student to provide any information or documents required to verify any statement made or information provided in the student’s application. (3) The Minister may refuse to provide foundational learning assistance to a student who does not comply with a direction under subsection (2). (4) The Minister shall promptly give notice in writing to a student of a decision to accept or refuse a student’s application for foundational learning assistance. Eligibility criteria 5 (1) Subject to subsections (2) and (3), the following eligibility criteria are prescribed for the purposes of section 12(1)(a) of the Act: (a) the student must be a foundational learning student; (b) the student must be a resident of Alberta; (c) the student must submit a completed application for foundational learning assistance to the Minister in accordance with section 4; (d) the student must demonstrate to the satisfaction of the Minister that the student is in financial need, taking into account the financial resources available to the student; (e) the student has been admitted to and has enrolled in a program of study; (f) the student must demonstrate to the satisfaction of the Minister that it is necessary for the student to enrol in the program of study for reasons relating to employment or employability; (g) a full‑time student must be unemployed or employed fewer than 20 hours per week unless otherwise authorized by the Minister. (2) A student is not eligible to receive foundational learning assistance for more than a total of 50 months during the student’s lifetime unless otherwise authorized by the Minister. (3) A student is not eligible to receive foundational learning assistance if (a) the student is incarcerated due to being charged with or convicted of an offence, (b) the student is unable to work or attend a program of study because of a condition of the student’s sentence or release, or (c) the student has provided to the Government of Alberta at any time false or misleading information that the Minister considers to materially affect or have affected the student’s eligibility to receive foundational learning assistance. (4) For the purposes of subsection (1)(b), a student is a resident of Alberta if (a) the student is present in Alberta on the date on which the student is accepted for enrolment in a program of study, and (b) the student is (i) a Canadian citizen, (ii) a permanent resident within the meaning of the Immigration and Refugee Protection Act (Canada), or (iii) a protected person within the meaning of the Immigration and Refugee Protection Act (Canada) who is legally entitled to work and study in Canada. (5) For the purposes of subsection (1)(d), the Minister (a) shall determine what constitutes a financial resource, and (b) may treat all or part of the financial resources of the student’s spouse or common‑law partner as available to the student. Approval of programs of study 6 (1) The Minister may approve a program of study provided by an educational institution for the purposes of this Regulation and section 1(1)(m) of the Act, subject to any terms and conditions the Minister considers appropriate, if (a) the Minister is satisfied that (i) the program of study meets the applicable criteria established by the Minister under subsection (2), (ii) any tuition and other fees and amounts for books and supplies charged by the educational institution to foundational learning students enrolled in the program of study are comparable to those charged to students enrolled in comparable programs of study provided by the educational institution and by other educational institutions, and (iii) the following factors warrant approval of the program of study, if the Minister considers the employment or educational outcomes of graduates of the program of study to be relevant: (A) the potential and actual outcomes relating to the employment of graduates of the program of study; (B) the potential and actual outcomes relating to the transition of graduates of the program of study into further education or training, including post-secondary programs, and (b) where required to do so by the Minister, the educational institution providing the program of study enters into an agreement with the Minister that addresses any matter that the Minister considers necessary or appropriate for the proper administration of the program of study. (2) The Minister may establish criteria and procedures for the approval of programs of study under this section. (3) The Minister may withdraw approval of a program of study provided by an educational institution under this section if the Minister is satisfied that (a) the program of study has ceased to meet the applicable criteria established by the Minister under subsection (2), (b) the educational institution has failed to comply with subsection (1)(a) or (b), or (c) the educational institution has failed to comply with the agreement entered into under subsection (1)(b). Approval of educational institutions 7 (1) The Minister may approve an educational institution that provides a program of study for the purposes of this Regulation and section 1(1)(m) of the Act, subject to any terms and conditions the Minister considers appropriate, if (a) the Minister is satisfied that the educational institution maintains any licensing, certification or accreditation required for the educational institution to provide the program of study, (b) the educational institution has provided, if required to do so by the Minister, a security in a form and amount and subject to any terms and conditions the Minister considers appropriate, and (c) where required to do so by the Minister, the educational institution enters into an agreement with the Minister that addresses any matter that the Minister considers necessary or appropriate for the proper administration of the program of study. (2) The Minister may withdraw approval of an educational institution under this section if the Minister is satisfied that the education institution has failed to comply with the requirements under subsection (1) or with the agreement entered into under subsection (1)(c). Amount of foundational learning assistance 8 The Minister, in determining the amount of foundational learning assistance to be provided to a student, shall take into consideration the following factors: (a) the amount of tuition and other fees that the educational institution requires the student to pay with respect to the program of study; (b) the cost of books, materials and supplies to be used by the student in the program of study; (c) expenses other than living expenses or the amounts referred to in clauses (a) or (b) to be incurred by the student while the student is enrolled in the program of study; (d) if the student is a full-time student, the student’s living expenses while the student is enrolled in the program of study; (e) any other factors that the Minister considers relevant. Payment by instalments 9 The Minister may provide foundational learning assistance to an eligible student in instalments. Conditions of foundational learning assistance 10 The provision of foundational learning assistance to an eligible student is subject to the following conditions: (a) the student shall advise the Minister of any change in the student’s address, family status, financial circumstances, program of study, academic status or study period; (b) the student shall maintain acceptable levels of attendance and progress, as determined by the Minister, with respect to the program of study; (c) the student shall enter into any agreement required by the Minister respecting the provision of foundational learning assistance; (d) if the educational institution refunds all or part of a student’s tuition or other fees to the student, the student shall pay the amount of the refund to the Government of Alberta. False or misleading information 11 If a student provides information under this Regulation that the Minister determines to be false or misleading, the Minister may require the student to repay all or part of the foundational learning assistance obtained as a direct or indirect result of providing that information. Reassessment 12 (1) At any time and on the Minister’s own initiative, the Minister may reassess the amount of foundational learning assistance that a student is eligible to receive based on any information and documents provided to the Minister by the student, an educational institution or a third party. (2) At any time, a student may request that the Minister reassess the amount of foundational learning assistance that the student is eligible to receive due to a change in the student’s family status, financial circumstances, program of study, academic status or study period. (3) After conducting a reassessment, the Minister may decide (a) to continue providing the same amount of foundational learning assistance, (b) to provide a greater or lesser amount of foundational learning assistance than was originally provided, or (c) that no foundational learning assistance should have been provided. (4) The Minister shall promptly notify the student of the Minister’s decision under subsection (3). Review 13 (1) A student may apply to the Minister, in the form and manner required by the Minister, for a review of a decision by the Minister (a) to refuse the student’s original application for foundational learning assistance, or (b) on a reassessment under section 12. (2) An application for review under subsection (1) must be made within 60 days after the date on which the student received notice of the decision for which the review is being sought. (3) The Minister may, after reviewing the decision and considering any information that the Minister considers relevant, make any decision that the Minister could have made on the original application. Repayment of foundational learning assistance 14 (1) If the Minister determines under section 11, 12 or 13 that a student who received foundational learning assistance was not eligible to receive all or part of that assistance, the Minister may (a) require the student to repay all or part of the foundational learning assistance provided to the student, or (b) deduct all or part of the foundational learning assistance from further foundational learning assistance for which the student is eligible under this Regulation in an amount determined by the Minister until the foundational learning assistance for which the student was not eligible has been repaid. (2) The Minister shall give notice in writing to the student setting out (a) the amount of the foundational learning assistance the student is required to repay and the period within which it must be repaid under subsection (1)(a), or (b) the amount to be deducted under subsection (1)(b). (3) An amount required to be repaid under subsection (1)(a) is a debt due to the Government of Alberta. Collection of information 15 (1) In this section, “personal information” means personal information within the meaning of the Protection of Privacy Act . (2) The Minister may collect from a student any personal information about the student’s spouse or common‑law partner that the student provides under this Regulation or that is needed for the proper administration of this Regulation. AR 148/2021 s15;142/2025 Electronic submissions and signatures 16 (1) An application, document or other information to be provided to the Minister under this Regulation may be provided in the manner determined by the Minister, which may include provision by electronic means. (2) A signature required in connection with anything done under this Regulation may be provided or verified in the manner determined by the Minister, which may include provision or verification by electronic means. Expiry 17 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2029. AR 148/2021 s17;57/2024 Coming into force 18 This Regulation comes into force on January 1, 2022.