Student Aid Regulation

Student Aid Regulation, M.R. 143/2003 The Student Aid Act , C.C.S.M. c. S211 Regulation 143/2003 Registered August 25, 2003 bilingual version (HTML) Table of Contents Section PART 1 DEFINITIONS 1 Definitions 2 Interpretation: "expected contributor" PART 2 MANITOBA STUDENT LOANS STUDENT LOAN AUTHORIZATION 3 Applying for a student loan authorization PREREQUISITES, REQUIREMENTS AND QUALIFICATIONS 4 Prerequisites for obtaining authorization 5 Residency requirement 6 Approved courses of study 7 Approved institutions 8 Approved institution must enter into agreement 9 Approval may be withdrawn 10 Minimum required course load 11 Maximum period of eligibility 12 Repealed WHEN AUTHORIZATION MAY BE ISSUED 13 Issuance of authorization 14 Grounds for refusing to issue an authorization 15 Duration of authorization 16 Maximum amount of loan LOAN AGREEMENT 17 Loan agreement required 18 Loan agreement 19 Duty to give notice of material change QUALIFYING STUDENT 20 When an individual is a qualifying student 21 Loan interest free while a qualifying student 22 Maintaining qualifying student status 22.1 Reservists maintain qualifying student status 23 Ceasing to be a qualifying student 23.1 Medical and parental leave REPAYMENT 24 When repayment begins 25 Interest rate 26 Repayment terms 27 Amendment to prevent default 28 Special interest-relief period and debt reduction 29 Repealed 30 Loan forgiveness — death or severe permanent disability DEFAULT AND COLLECTION 31 What constitutes default 32 When default commences PART 3 BURSARIES, STUDY ASSISTANCE AND AWARDS 33 Application for bursaries and awards MANITOBA BURSARY 34 Repealed 34.1 Manitoba bursary 34.2 Conversion of Manitoba bursary into student loan 35-36 Repealed POST-SECONDARY STUDY ASSISTANCE 37 Post-secondary study assistance 38 Repealed 39 Other awards PART 4 REASSESSMENT AND OVERAWARDS 39.1 Provision of information and reassessment 40 Recovery of overaward PART 5 REPEAL AND COMING INTO FORCE 41 Repeal 42 Coming into force PART 1 DEFINITIONS Definitions 1 In this regulation, "Act" means The Student Aid Act ; («  Loi  ») "approved course of study" means a course of study described in section 6; ( «  programme d'études approuvé ») "approved institution" means an institution described in section 7; (« établissement agréé ») "borrower" means an individual who has received a Manitoba Student Loan; (« emprunteur ») "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence for not less than one year; (« conjoint de fait ») "family" includes a common-law partner; (« famille ») "impairment" includes a physical, mental, intellectual, cognitive, learning, communication or sensory impairment; (« déficience ») "loan agreement" means an agreement entered into under section 17; (« accord de prêt ») "permanent disability" means, except in section 30, an impairment or functional limitation that (a) restricts the ability of a person to perform the daily activities necessary to (i) pursue studies at a post-secondary school level, or (ii) participate in the labour force; and (b) is expected to continue for the remainder of the person's expected life; (« invalidité permanente ») "persistent or prolonged disability" means an impairment or functional limitation that restricts the ability of a person to perform the daily activities necessary to pursue studies at a post-secondary level or to participate in the labour force which has lasted, or is expected to last for a period of at least 12 months, but is not expected to continue for the remainder of the person's life; (« invalidité persistante ou prolongée ») "program year" means the period beginning on August 1 of one year and ending on July 31 of the following year. (« année de programme ») "qualifying student" means a student described in section 20. (« étudiant admissible ») M.R. 69/2005 ; 83/2017 ; 104/2022 Interpretation: "expected contributor" 2(1) For the purposes of this regulation, an individual's expected contributors include (a) subject to subsection (2), the individual's parents; (b) an individual who is the individual's sponsor within the meaning of the regulations made under the Immigration and Refugee Protection Act (Canada); and (c) an individual's spouse or common-law partner. 2(2) An individual's parent is not an expected contributor of an individual if (a) the individual (i) has a spouse or common-law partner, or is the parent who has care and custody of a child, (ii) has not attended secondary school for a period of at least 48 consecutive months, or (iii) has been in the labour force for at least 24 months or for two periods of not less than 12 consecutive months; or (b) the minister is satisfied there has been a breakdown in the relationship between the individual and one or both of his or her parents such that it is unreasonable to expect the individual to receive financial support for his or her education from that parent. PART 2 MANITOBA STUDENT LOANS STUDENT LOAN AUTHORIZATION Applying for a student loan authorization 3(1) An individual who wishes to obtain a student loan must apply to the minister for a student loan authorization. 3(2) The application must be made in a form approved by the minister and must specify the period of study for which the loan is needed. PREREQUISITES, REQUIREMENTS AND QUALIFICATIONS Prerequisites for obtaining authorization 4 An individual is eligible to receive a student loan authorization if he or she (a) is a Canadian citizen, a person registered as an Indian under the Indian Act (Canada) or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act (Canada); (b) meets the residency requirement set out in section 5; and (c) is enrolled in an approved course of study at an approved institution and is taking at least the minimum required course load for that course of study. M.R. 81/2018 Residency requirement 5(1) An individual meets the residency requirements for a student loan authorization if, in the 12-month period before the month in which classes begin in the applicable approved course of study, (a) the individual resided in Manitoba; or (b) one of the individual's expected contributors, if any, resided in Manitoba. 5(2) Whether an individual resided in Manitoba during a particular period is to be determined with reference to the individual's circumstances and the provisions of any agreement between the government and the Government of Canada or the government of another province of Canada respecting grants or loans to students. 5(3) For the purposes of clause (1)⁠(a), an individual is deemed to reside in Manitoba if he or she became a resident of Manitoba for the purpose of pursuing a course of studies in Manitoba, provided he or she (a) is or will be a resident of Manitoba for a period of at least 12 months before the month in which classes begin in the applicable approved course of study; and (b) did not pursue a course of studies during that period. Approved courses of study 6 A course of study is an approved course of study for the purposes of student loans if it (a) consists of at least 12 weeks of study within 15 consecutive weeks; (a.1) has the following entrance requirement and the requirement is specified in the approved institution's course description materials: (i) grade 12 or equivalent, (ii) mature student status; (b) leads to a certificate, degree or diploma; and (c) is approved by the minister. M.R. 91/2007 Approved institutions 7(1) The following institutions that have at least one approved course of study are approved institutions for the purposes of student loans: (a) a college or university, as those terms are defined in The Advanced Education Administration Act ; (b) a private vocational institution registered in Manitoba under The Private Vocational Institutions Act ; (c) a public or private post-secondary institution (i) within Canada that is designated for the purpose of a student financial assistance program operated by another Canadian jurisdiction, or (ii) outside Canada that is accredited or designated for the purpose of student financial assistance by the government or a government agency of the jurisdiction in which it is located; (d) any other institution approved by the minister. 7(2) For the purposes of subsection (1), the minister may approve a particular class of institution. M.R. 91/2007 ; 83/2017 ; 104/2022 Approved institution must enter into agreement 8 Despite section 7, an institution may not remain an approved institution if, having been requested to do so by the minister, it fails or refuses to enter into a memorandum of understanding with the minister that addresses (a) tuition fee refunds; (b) notification of withdrawals; (c) administrative structures that will be implemented to support student loan default prevention strategies; and (d) any other matter that, in the opinion of the minister, is required to ensure the Manitoba Student Loans program is operated efficiently and effectively. Approval may be withdrawn 9 If the requirements established under the Act, the terms established by the minister, or the terms established in any agreement entered into for the purposes of the minister's approval are not met or cease to be met, the minister may withdraw his or her approval of a course of study or an institution. Minimum required course load 10(1) An individual enrolled in an approved course of study is taking the minimum required course load for the purposes of student loans if, (a) in the case of an individual who is not a person with a permanent disability or a persistent or prolonged disability, he or she is enrolled in at least 60% of what the institution considers to be a full course load for that course of study; or (b) in the case of an individual who is a person with a permanent disability or a persistent or prolonged disability, he or she is enrolled in at least 40% of what the institution considers to be a full course load for that course of study. 10(2) Despite subsection (1), for an individual enrolled in a private vocational institution, the individual must be enrolled in what the minister considers to be a full course load for that course of study, unless the minister is satisfied that (a) the individual has a functional limitation caused by a physical or mental impairment that restricts their ability to participate in the full course load; (b) the individual can complete the course of study in a reasonable period of time without their taking a full course load; and (c) the fees and other charges the individual is required to pay to private vocational institution will be adjusted to reflect the individual's reduced course load. 10(3) For the purpose of this section, averaging the course load taken by an individual between two or more terms of study is not permitted. M.R. 104/2022 Maximum period of eligibility 11(1) For the purpose of subsection (2), an individual's relevant loan period shall be calculated in accordance with the following formula: A = B + C In this formula A is the individual's relevant loan period; B is the period of study of the approved course of study for which the individual is applying to receive a Manitoba Student Loan; C is all previous periods for which the individual was a qualifying student. 11(1.1) The period that an individual maintains his or her status as a qualifying student under section 22.1 (reservists maintain qualifying student status) is excluded from item C of the formula in subsection (1). 11(1.2) The period that an individual maintains his or her status as a qualifying student under section 23.1 (medical or parental leave) is excluded from item C of the formula in subsection (1). 11(2) An individual is not eligible to receive a student loan authorization if the loan received results in the individual's relevant loan period exceeds (a) 520 weeks, if the individual has a permanent disability or a persistent or prolonged disability; (b) 400 weeks, if the individual is enrolled in a PhD program; or (c) 340 weeks, in any other case. M.R. 91/2007 ; 182/2008 ; 26/2011 ; 104/2022 12 [Repealed] M.R. 104/2022 WHEN AUTHORIZATION MAY BE ISSUED Issuance of authorization 13(1) The minister may issue a student loan authorization to an individual if the minister considers that he or she needs a student loan in order to pursue an approved course of study at an approved institution for a specified period of time. 13(2) In deciding if an individual needs a student loan, the minister may consider (a) the individual's education costs, including (i) the tuition and other compulsory fees payable to the approved institution, (ii) the estimated cost allowance established by the minister for books and other instructional supplies, (iii) the estimated weekly cost allowance established by the minister for personal and living needs, and (iv) the estimated cost allowance established by the minister for such other expenses as the minister considers relevant in the circumstances; (b) the individual's financial resources that may be used to contribute to his or her education costs, including (i) the individual's total income from all sources, including earnings from employment, investment income and gifts, (ii) any academic awards and government assistance that the individual is receiving or is entitled to receive, (iii) the assets of the individual and, if the individual has a spouse or common-law partner, the total income and assets of the spouse or common-law partner, (iv) if the individual has expected contributors, their total income from all sources, and (v) any other resources, assets, or expenses of the individual and his or her expected contributors, if any, that the minister considers to be relevant in the circumstances; and (c) any other factors that are relevant in the minister's opinion. 13(3) For the purpose of determining the information in subsection (2), the minister may require an applicant, or an applicant's spouse, common-law partner or expected contributor, to consent to the release of information held by Canada Revenue Agency directly to the minister. M.R. 104/2022 Grounds for refusing to issue an authorization 14(1) The minister may refuse to issue a student loan authorization to an individual if (a) [repealed] M.R. 104/2022 ; (b) the individual is receiving or is entitled to receive financial assistance from the government of another province or territory of Canada, including an agency, board or commission established by a province or territory; (c) the individual has not made arrangements satisfactory to the minister to repay, or has not repaid, a student loan or any other amount required to be paid to the government in respect of a loan, grant or award made by the Government of Canada, the government, or the government of any other province or territory; (d) the individual has not given the minister, or consented to the release to the minister of, all of the information and documents required by the minister to administer the Manitoba Student Aid Program, including information about the individual's academic status, financial status or family status during a period of study; (e) the individual has given the minister incorrect information relating to a student loan, or has not informed the minister promptly about any change to information previously given to the minister; (f) the individual has been convicted of an offence under The Education Administration Act , The Student Aid Act , the Canada Student Loans Act or the Canada Student Financial Assistance Act or an offence under the Criminal Code (Canada) involving fraud or theft in respect of any student financial assistance program or a loan, grant or award made by the government, the Government of Canada or the government of any other province or territory, including an agency, board or commission established by Canada, a province or territory; (g) the minister is of the opinion that the individual will not repay the student loan; or (h) the minister considers, after consulting with the approved institutions at which the individual has been enrolled, that the individual has not made satisfactory progress in his or her approved course of study. 14(2) For the purposes of clause (1)⁠(g), the minister may consider any information he or she considers relevant, including the contents of a consumer report of the individual's current debts. M.R. 104/2022 Duration of authorization 15 A student loan authorization (a) is valid for 30 days after an official of the approved institution completes the portion of the authorization form confirming the individual's enrolment in the approved course of study for the period of time specified in the authorization; and (b) is void after the period of study end date. Maximum amount of loan 16 A student loan authorization issued to an individual must not exceed two thirds of the maximum weekly amount under the Canada Student Financial Assistance Program for each week of the individual's anticipated enrolment in the approved course of study. M.R. 104/2022 LOAN AGREEMENT Loan agreement required 17 An individual must enter into a loan agreement, in the form approved by the minister, in order to obtain a student loan. Loan agreement 18 Only an individual who has been issued a loan authorization may enter into a loan agreement. The loan agreement must be between the individual and the Province of Manitoba. M.R. 69/2005 Duty to give notice of material change 19 An individual who enters into a loan agreement must promptly notify the minister of any material change in his or her circumstances that occurs during the period of study for which the loan is made, which includes, but is not limited to, any change in this individual's (a) marital or family status; (b) enrolment; or (c) education costs or financial resources described in subsection 13(2). QUALIFYING STUDENT When an individual is a qualifying student 20(1) An individual (a) is a qualifying student during a period of study for which he or she receives a student loan; and (b) may be a qualifying student during other periods if the requirements set out in section 22, 22.1 or 23.1 are met. 20(2) If an individual ceases to be a qualifying student for a period of less than six months, the individual is deemed to have been a qualifying student throughout that period. M.R. 182/2008 ; 104/2022 Loan interest free while a qualifying student 21 While an individual is a qualifying student, his or her obligation to pay principal and interest under a loan agreement is suspended. Maintaining qualifying student status 22(1) An individual who wishes to be a qualifying student during a period of study for which he or she does not receive a student loan must (a) obtain, and promptly give to the minister, a confirmation of enrolment, in the form approved by the minister and certified by the institution at which he or she is enrolled, confirming he or she is (i) enrolled in an approved course of study at an approved institution during the period, and (ii) taking at least the minimum required course load; or (b) if the individual was unable to obtain a confirmation of enrolment form under clause (a), satisfy the minister he or she is (i) enrolled in an approved course of study at an approved institution, and (ii) taking a course load that is at least the minimum required course load for that course of study at that institution. 22(2) An individual is a qualifying student under this section beginning on the date (a) indicated in the confirmation of enrolment; or (b) on which the minister is satisfied the conditions in subsection (1)⁠(b) have been met. M.R. 69/2005 Reservists maintain qualifying student status 22.1(1) A reservist who is required to be absent from their approved course of study to serve on a designated operation remains a qualifying student until the last day of the month in which their service on the designated operation ends. 22.1(2) Despite subsection (1), if, as a result of the date on which their service on the designated operations ends, a reservist is unable to continue in their approved course of study within six months after that date, the minister may, on application by the reservist, extend by up to six months the period in which the reservist remains a qualifying student. 22.1(3) An application under subsection (2) must (a) be made in a form approved by or acceptable to the minister; (b) be made to the minister no later than 30 days after the reservist receives their posting message provided by the Department of National Defence, unless the minister is satisfied a longer period is required due to circumstances beyond the control of the reservist; and (c) include (i) particulars of their outstanding student loan, (ii) a copy of the posting message, and (iii) at the request of the minister, any information that is necessary to enable the minister to assess whether the reservist meets the requirements of that provision. 22.1(4) If a reservist is unable to continue in their approved course of study as a result of an injury or disease, or the aggravation of an injury or disease, that is attributable to or was incurred during a designated operation, the reservist continues as a qualifying student until the earlier of the following: (a) the day on which the minister determines that the injury or disease, or the aggravation of the injury or disease, no longer precludes them from returning to an approved course of study; (b) the day two years after the reservist's last day of service on the designated operation. 22.1(5) The following definitions apply in this section. "designated operation" means an operation in Canada or abroad that is designated by the Minister of National Defence for Canada and includes preparation or training for the operation, rest required by the operation or travel from or to the reservists's residence. (« opération désignée ») "reservist" means an individual who is a member of the reserve force, as defined in subsection 2(1) of the National Defence Act (Canada). (« réserviste ») M.R. 182/2008 ; 104/2022 Ceasing to be a qualifying student 23 An individual ceases to be a qualifying student in any of the following circumstances: (a) the individual ceases to be enrolled in the approved course of study in respect of which his or her most recent student loan authorization was issued; (b) the individual reduces his or her course load below the minimum required course load in the approved course of study; (c) the individual withdraws from the applicable educational institution; (d) when the period of studies specified in his or her loan authorization expires, if (i) the course of study in which the individual is enrolled at the approved institution ceases to be an approved course of study; or (ii) the institution at which the individual is enrolled ceases to be an approved institution. Medical and parental leave 23.1(1) An individual remains a qualifying student during a medical or parental leave approved by the minister. 23.1(2) Section 12.21 of the Canada Student Financial Assistance Regulations , SOR/95-329, applies with necessary changes in respect of applying for, extending and being granted a medical or parental leave. M.R. 104/2022 REPAYMENT When repayment begins 24(1) An individual becomes obligated to pay principal and interest under a loan agreement on the last day of the seventh month after the month in which he or she ceases to be a qualifying student. 24(2) Interest on the outstanding balance of a loan is simple interest and is not compounded unless the borrower makes arrangements with the minister under section 27. M.R. 91/2007 ; 104/2022 Interest rate 25 Under a loan agreement the interest rate in effect is, (a) for the period before August 1, 2015, a floating rate equal to the prime rate of the principal banker of the Government of Manitoba; and (b) for the period on or after August 1, 2015, a floating rate equal to zero. M.R. 182/2008 ; 121/2012 ; 109/2015 Repayment terms 26(1) For each individual who ceases to be a qualifying student, the minister may establish (a) the amount of the repayments to discharge the principal amount of all outstanding student loans made after July 31, 2001; (b) from time to time, the interest on the outstanding balance; and (c) the duration of the repayments. 26(2) The terms of the repayment established under subsection (1) must provide that (a) and (b) [repealed] M.R. 104/2022 ; (c) instalments of the repayment are to be applied first to interest accrued to the date of the payment and then to the outstanding principal; and (d) the borrower is entitled to repay all or part of the student loan, without notice or bonus to the minister, before the period for repayment specified in the loan agreement expires. M.R. 69/2005 ; 104/2022 Amendment to prevent default 27 The minister and the borrower may amend their loan agreement if (a) the borrower notifies the minister that the terms of the agreement are such that he or she will be in default; and (b) the minister considers that an amendment to the agreement will enable the borrower to meet his or her obligations under the agreement. Repayment assistance 28(1) An individual may apply to the minister for repayment assistance respecting his or her Manitoba student loan. 28(2) Part V of the Canada Student Financial Assistance Regulations , SOR/95-329, as amended from time to time, applies with necessary changes in respect of applying for and being granted repayment assistance for a Manitoba student loan. M.R. 26/2011 ; 104/2022 29 [Repealed] M.R. 104/2022 Loan forgiveness — death or severe permanent disability 30(1) On the death of a borrower, a student loan issued to that borrower under this Part is forgiven. 30(2) If the minister is satisfied, on the basis of information provided by or on behalf of a borrower, that the borrower by reason of severe permanent disability is or will be unable to repay a student loan issued under this Part without exceptional hardship, taking into account the borrower's financial resources, as determined under clause 13(2)⁠(b) with necessary changes the minister may forgive that loan. 30(3) For the purposes of this section, "severe permanent disability" means an impairment or functional limitation that prevents a person from performing the daily activities necessary to participate in the labour force in a manner that is substantially gainful (as that phrase is determined under section 68.1 of the Canada Pension Plan Regulations , C.R.C., c. 385, and is expected to continue for the remainder of the person's expected life. 30(4) For the purposes of this section, the minister may require a statement signed by a duly qualified medical practitioner that the borrower has a severe permanent disability. M.R. 104/2022 DEFAULT AND COLLECTION What constitutes default 31 A borrower is in default of his or her obligation to repay a student loan if he or she (a) unequivocally refuses to pay the loan; or (b) does not make a regularly scheduled payment under the terms established by the minister under section 26, or under a loan agreement, and the failure to make the payment continues for a period of 270 days. M.R. 104/2022 When default commences 32(1) When an individual is in default of his or her obligation to repay a student loan, the loan is due and payable on the date that is the earlier of the following dates: (a) the date, if any, on which the individual becomes subject to, or takes advantage of, any law relating to bankruptcy or insolvency or any law for the relief of debtors; (b) if the default occurs because the individual unequivocally refuses to the pay the loan, on the day after the refusal; (c) if the default occurs because the individual does not make a regularly scheduled payment, on the expiry of the 270-day period referred to in clause 31(b). 32(2) For the purposes of clause (1)⁠(a), the individual is not considered to be taking advantage of a law for the relief of debtors if he or she makes a consumer proposal under Division I or II of Part III of the Bankruptcy and Insolvency Act (Canada) that provides for the payment of all or part of the student loan. 32(3) When the individual's loan becomes due and payable, the minister may take such measures as he or she considers advisable in the circumstances to collect it. M.R. 69/2005 ; 104/2022 PART 3 BURSARIES, STUDY ASSISTANCE AND AWARDS Application for bursaries and awards 33 An applicant for a bursary or an award under this Part must make an application at the time, and provide the documents and information, specified by the minister. 34 [Repealed] M.R. 151/2006 ; 83/2017 ; 81/2018 Manitoba bursary 34.1(1) The minister may provide a Manitoba bursary to a student who (a) has entered into a loan agreement in respect of his or her period of study; (b) is or is to become enrolled as a full-time student in a program of study of at least 60 weeks duration provided by (i) a college or university, as those terms are defined in The Advanced Education Administration Act , (ii) the Manitoba Institute of Trades and Technology continued under The Manitoba Institute of Trades and Technology Act , (iii) an institution (other than a university or college) that is authorized to grant a degree under The Degree Granting Act , or (iv) an institution that, under the Canada Student Loans program, is a designated educational institution within Canada that is not a private institution; and (c) is determined to be in need in accordance with the student needs assessment procedure, as established by the minister. 34.1(1.1) An Indigenous student who is otherwise qualified to receive a Manitoba bursary may receive an Indigenous Manitoba bursary — being a subclass of the Manitoba bursary — if the Indigenous student (a) applies in a form approved by the minister; and (b) is determined to be in need in accordance with the student needs assessment procedure for the Indigenous Manitoba bursary, as established by the minister. 34.1(2) For the purpose of subsection (1), a person is considered to be a full-time student if the person is registered for the following course load for his or her program of study: (a) in the case of an individual who is not a person with a permanent disability or a persistent or prolonged disability, at least 60% of what the institution considers to be a full course load for the program of study; (b) in the case of an individual who is a person with a permanent disability or a persistent or prolonged disability, at least 40% of what the institution considers to be a full course load for that program of study. 34.1(3) The minister may determine the time or the times when all or a portion of a Manitoba bursary is payable, and the minister may direct bursary amounts be first payable to the institution in which a student is enrolled to offset the student's tuition and course fees, with any remaining amount payable to the student. M.R. 83/2017 ; 81/2018 ; 104/2022 Conversion of Manitoba bursary into student loan 34.2(1) Without limiting section 40, the minister may determine that an amount of a Manitoba bursary provided to a student is an overaward under that section if the student is no longer qualified to be enrolled or is no longer enrolled as a full-time student in his or her program of study within 30 days of the date the amount was received. 34.2(2) The minister must provide the applicable student with written notice of a determination made under subsection (1). M.R. 83/2017 35 [Repealed] M.R. 104/2022 36 [Repealed] M.R. 91/2007 ; 81/2018 POST-SECONDARY STUDY ASSISTANCE Post-secondary study assistance 37 The minister may provide post-secondary study assistance to a qualifying student for a period of study at an approved institution if, in respect of that period, the individual (a) has received the maximum amount of a Manitoba student loan permitted under Part 2; and (b) in the opinion of the minister, he or she is in need of further financial assistance. 38 [Repealed] M.R. 81/2018 Other awards 39 The minister may establish a program of grants for the purpose of supporting scholarships, bursaries or award programs administered by universities and colleges in Manitoba. PART 4 REASSESSMENT AND OVERAWARDS Provision of information and reassessment 39.1(1) At any time, the minister may direct an individual to provide (a) any information or documents the minister considers necessary to verify any statement by the individual in their application for a loan, bursary or award; (b) any information or documents the minister considers necessary to determine if there has been any material change in the individual's circumstances described in section 19; or (c) consent to the release of information held by the Canada Revenue Agency directly to the minister, if the minister considers it necessary to obtain the information directly from the Agency. 39.1(2) The minister may require an individual who fails to comply with a direction under subsection (1) to repay all or part of any loan, bursary or award received by him or her under this regulation in accordance with sections 24 to 28, and sections 31 and 32 apply in respect of a default of that repayment. 39.1(3) Based on the information and documents provided under subsection (1), the minister may reassess the amount of any loan, bursary or award that an individual is eligible to receive and may require the individual to make the repayment referred to in subsection (2). M.R. 69/2005 ; 104/2022 Recovery of overaward 40(1) For the purpose of this section, an " overaward " means the amount of a loan or bursary received by an individual who (a) was not entitled to receive it; or (b) used it for a purpose other than for the payment of costs directly related to his or her education. 40(2) An overaward may be recovered by deducting it from any subsequent loan issued, or bursary awarded, to the individual who received it. Otherwise, the individual must repay the overaward in accordance with sections 24 to 28, and sections 31 and 32 apply in respect of a default of that repayment. 40(3) If the minister is satisfied, on a balance of probabilities, that an individual received an overaward as a result of intentionally making a false statement or misrepresentation, or giving false or misleading information, the minister may prohibit (a) that person from receiving any subsequent loans, bursaries or awards made under this regulation; and (b) the amount of an overaward being subject to interest relief or debt reduction under section 28. M.R. 69/2005 ; 104/2022 PART 5 REPEAL AND COMING INTO FORCE Repeal 41 The Manitoba Student Assistance Program Regulation , Manitoba Regulation 120/93, is repealed. Coming into force 42(1) Subject to subsection (2), this regulation comes into force on the day it is registered under The Regulations Act . 42(2) Clause 24(a) comes into force on August 1, 2003.