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NEWFOUNDLAND AND LABRADOR
REGULATION 106/03

Student Financial Assistance
Administration Regulations
under the
Student Financial Assistance Act

Amended by:

30/04
32/09
31/12
37/13
58/14
50/15

NEWFOUNDLAND AND LABRADOR
REGULATION 106/03

Student Financial Assistance
Administration Regulations
under the
Student Financial Assistance Act

(Filed September 8, 2003 )

Under the authority of section 15 of the Student Financial Assistance Act, I make the following regulations.

Dated at St. Johnís , August 21, 2003

Anna Thistle
Minister of Youth Services
and Post Secondary Education

REGULATIONS

Analysis



Short title

††††††† 1. These regulations may be cited as the Student Financial Assistance Administration Regulations .

106/03 s1

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Definitions

††††††† 2. In these regulations

†††††††††††† (a) "Act", unless the context indicates otherwise, means the Student Financial Assistance Act ;

†††††††† (a.1) "days" means business days;

†††††††††††† (b) "division" means the Student Financial Services Division of the department;

†††††††††††† (c) "end date" means the end date of a period of study established in accordance with section 17;

††††††††† (c.1) "federal part time student loan" means a loan made to a part time student by the Government of Canada under the Canada Student Financial Assistance Act (Canada ) or the Canada Student Loans Act (Canada );

†††††††††††† (d) [Rep. by 30/04 s1]

†††††††††††† (e) "full course load" means the maximum number of courses that an educational institution usually requires a person to complete during a period of study in his or her program of study;

†††††††††††† (f) "full time student" means a qualifying student who is enrolled in 80% of a full course load or who qualifies to receive financial assistance under subsection 3(3) or (4);

††††††††† (f.1) "part time student" means a qualifying student who is enrolled in at least 20% and less than 60% of a full course load but does not include a qualifying student who is eligible for financial assistance under subsection 3(4);

†††††††††††† (g) "period of study" means a period of study at an educational institution that is not fewer than 12 weeks in length within a period of not fewer than 15 weeks and not more than 52 consecutive weeks in length;

†††††††††††† (h) "pre-study period" means the period of time of not fewer than 3 and not more than 17 weeks immediately before a qualifying student commences a period of study during which time that student is not considered to be enrolled in a secondary or post secondary educational program; and

††††††††††††† (i) "program of study" means a series of periods of study, the successful completion of which, if all requirements are met, qualifies the person for a degree, diploma or certificate.

106/03 s2; 30/04 s1; 32/09 s1; 50/15 s1

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Financial assistance eligibility

††††††† 3. (1)†A person may apply to the minister for financial assistance and the minister may grant financial assistance to him or her where it is substantiated that all of the following apply

†††††††††††† (a) the person is a qualifying student;

†††††††††††† (b) the program of study in which the person is or intends to be enrolled leads to a diploma, certificate or degree from an educational institution;

†††††††††††† (c) the program of study in which the person is or intends to be enrolled is not fewer than 12 weeks in length within a period of 15 consecutive weeks;

†††††††††††† (d) the program of study in which the person is or intends to be enrolled is approved by the minister;

†††††††††††† (e) there are insufficient financial resources to meet the personís needs as assessed by the division;

†††††††††††† (f) the person does not owe money to the Student Loan Corporation or to the province related to a student loan for which a judgement has not been obtained or is not in arrears on previous student loans under the federal Act, the Act or the Student Assistance Act, for which a judgement has not been obtained, unless the person has brought his or her student loan into good standing by making six consecutive payments in accordance with a repayment arrangement approved by the minister or the Student Loan Corporation and all interest accrued to a day, has been paid in full, or, in a case where a judgement has been obtained, the judgement has been released;

††††††††† (f.1) the person does not owe money related to a student loan, for which a judgement has not been obtained, that is not owned by the Student Loan Corporation, unless the person has brought the student loan into good standing by making six consecutive payments in accordance with a repayment arrangement approved by the lender and all interest accrued to a day, has been paid in full, or, in a case where a judgement has been obtained, the judgement has been released;

†††††††††††† (g) the person does not owe money with respect to a grant received by him or her under the Student Assistance Act in force immediately before the Act;

†††††††††††† (h) the person is eligible to receive financial assistance under the federal Act and the Act; and

††††††††††††† (i) where the person was issued a student loan in respect of a period of study and all amounts due with respect to that loan have been paid in full or the person

††††††††††††††††††††† (i) was granted repayment assistance under stage 2 under section 10 to 10.12 of the Student Financial Assistance Regulations in respect of the previous loan made under the Act, or

†††††††††††††††††††† (ii) has a permanent disability and was granted repayment assistance under stage 2 under sections 10 to 10.12 of the Student Financial Assistance Regulations , in respect of the previous student loan made under the Act and at least 60 months has elapsed since he or she last was a qualifying student.

†††††††† (1.1) A student will be considered to have met the requirements of paragraph 3(1)(f) if the student has complied fully with paragraph 16(1)(d) of the Canada Student Financial Assistance Regulations, or, †††††† in the case where the student has made less than 6 of the payments required under paragraph 16(1)(d) of the Canada Student Financial Assistance Regulations, then the number of required payments remaining under those regulations will be the number of payments required for compliance with paragraph 3(1)(f) and in both cases all interest owing to the province related to a student loan or to the Student Loan Corporation accrued to a day, must be paid in full.

†††††††† (1.2) A student will be considered to have met the requirements of paragraph 3(1)(f.1) if the student has complied fully with paragraph 16(1)(c) of the Canada Student Financial Assistance Regulations, or, in the case where the student has made less than 6 of the payments required under that paragraph, then the number of required payments remaining under those regulations will be the number of payments required for compliance with paragraph 3(1)(f.1) and in both cases all interest owing to the lender accrued to a day, must be paid in full.

†††††††† (1.3) The minister shall not grant financial assistance to a person who, with respect to a student loan made under the Act, was granted forgiveness under section 12.01 of the Student Financial Assistance Regulations for a severe permanent disability as defined in subsection 12.01(1) of those regulations.

†††††††††††† (2) A person who meets the criteria under subsection (1) may receive financial assistance if he or she is enrolled in at least 80% of a full course load for his or her period of study.

†††††††††††† (3) Notwithstanding subsection (2), a person who meets the criteria under subsection (1) who is enrolled in at least 60% of a full course load for his or her period of study may receive financial assistance where upon application to the division, it is demonstrated that he or she

†††††††††††† (a) is enrolled in at least one university credit course having laboratory time in addition to classroom time and is a single parent with a child under the age of 12 years;

†††††††††††† (b) is a single parent of a child who has special needs and is under the age of 12 years;

†††††††††††† (c) is a single parent of a child under the age of 12 years and has personal circumstances that the division considers merits special consideration; or

†††††††††††† (d) has a personal circumstance that in the opinion of the minister merit special consideration.

†††††††††††† (4) Notwithstanding subsection (2), a person who meets the criteria under subsection (1) and is enrolled in at least 40% of a full course load may receive financial assistance where upon application to the division, it is demonstrated that he or she has a functional limitation caused by a physical or mental impairment that restricts his or her ability to perform the daily activities that are necessary to participate in a full course load and which is expected to remain with that person for his or her expected life.

106/03 s3; 32/09 s2; 31/12 s1

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Financial assistance for part time students

††††† 3.1 (1)†The minister may grant financial assistance to a person where it is substantiated that the person

†††††††††††† (a) is a part time student;

†††††††††††† (b) is eligible for a federal part time student loan for the period of study; and

†††††††††††† (c) is enrolled in an educational institution in the province.

†††††††††††† (2) Where the minister is satisfied that the requirements in subsection (1) have been met, the minister may issue a notice of financial assistance to the person.

†††††††††††† (3) A notice of financial assistance shall

†††††††††††† (a) be in a form that the minister considers appropriate;

†††††††††††† (b) set out the amount of financial assistance for which the part time student named on the notice is eligible; and

†††††††††††† (c) state other terms that the minister considers necessary.

†††††††††††† (4) A notice of financial assistance referred to in this section shall not be issued to a part time student after the end date of the period of study to which that notice applies.

†††††††††††† (5) Section 3, sections 4 to 7 and sections 10 to 26.1 do not apply to financial assistance issued under this section.

50/15 s2

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Maintaining and duration of eligibility

††††††† 4. (1)†A person who may receive financial assistance under these regulations shall maintain that eligibility where he or she

†††††††††††† (a) successfully completes 80% of a full course load during a period of study; and

†††††††††††† (b) is eligible for financial assistance under subsection 3(3) or (4), successfully completes all courses in which he or she is registered during the period of study.

†††††††††††† (2) A person who does not comply with subsection (1) shall be placed on probation in the manner that the minister may direct and where it is determined that the requirements of that probation have not been met, that person shall not be eligible for financial assistance for at least 12 months after the end of the period of study referred to in paragraph (1)(b).

†††††††††††† (3) Where, upon the expiration of the 12 months referred to in subsection (2), the person does not comply with subsection (1), he or she is not eligible for financial assistance for at least an additional 36 months.

†††††††† (3.1) A person who experiences temporary illness or disability or any other circumstance that in the opinion of the minister warrants special consideration, may apply to the minister who will determine whether subsection (2) or (3) will be applied to that person.

†††††††††††† (4) Notwithstanding another provision of these regulations, the minister may, due to the nature of the personís program of studies, limit the duration for which he or she may receive financial assistance.

†††††††††††† (5) A person who qualifies for financial assistance under the Act may receive that financial assistance, for the scheduled length of his or her program of studies plus one additional period of study.

†††††††††††† (6) For the purpose of subsection (5), the additional period of study shall be not fewer than 6 weeks and not more than 52 weeks in length as determined by criteria that the minister may establish in accordance with the overall length of the studentís program of study.

†††††††††††† (7) A person who qualifies for financial assistance under the Act must be registered in a faculty or program by the end of their 4th semester in order to continue to receive that financial assistance however this section shall not apply to a student to whom subsections 3(3) or (4) apply or if the minister is satisfied that there are extenuating circumstances and the student will be entering a faculty or program within a reasonable period of time.

†††††††††††† (8) Assistance for programs of study beyond the initial program for which assistance is provided is only available to a person if the minister determines that the new program is an academic progression or has good labour market prospects and does not leave the person with an unmanageable amount of financial assistance debt.

106/03 s4; 32/09 s3

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Program change

††††††† 5. (1)†A person who changes his or her program of studies may maintain his or her eligibility for financial assistance where that change occurs before

†††††††††††† (a) the start of his or her fifth semester in that program, or

†††††††††††† (b) the mid point of that program,

whichever occurs first.

†††††††††††† (2) Where a person changes his or her program of study after the time referred to in subsection (1) that person may maintain his or her eligibility for financial assistance if the minister determines that the new program is an academic progression or has good labour market prospects and does not leave that person with an unmanageable amount of financial assistance debt.

106/03 s5; 32/09 s5

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Work terms

††††††† 6. A person enrolled in a program of study that requires one or more mandatory work terms shall continue to be considered to be a full time student during those work terms if the educational institution that offers that program of study considers that person to be a full time student.

106/03 s6

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Application

††††††† 7. (1)†In order to be considered for financial assistance, a qualifying student shall apply to the minister in the form, at the place, with the necessary information and within the time that the minister may require.

†††††††††††† (2) Notwithstanding subsection (1), the minister may extend the time by which an application for financial assistance is to be submitted for a period of study but an application shall not be accepted after the end date for that period of study.

†††††††††††† (3) An application for financial assistance that does not contain the documentation and information required by the minister shall not be processed.

37/13 s1

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Student category

††††††† 8. (1)†A person shall be considered to be an independent student for the purposes of financial assistance where one or more of the following apply:

†††††††††††† (a) his or her parents are deceased and there is no other parent, guardian, sponsor or other supporting relative;

†††††††††††† (b) he or she has been working for 2 or more periods of 12 consecutive months each;

†††††††††††† (c) he or she has been out of high school for 4 or more years;

†††††††††††† (d) he or she is a divorced student without children; and

†††††††††††† (e) he or she has been a voluntary participant in the Youth Services Program of the Department of Child, Youth and Family Services.

†††††††††††† (2) A person shall be considered to be a single parent student where he or she is not married and has legal custody of and financial responsibility for supporting his or her child.

†††††††††††† (3) For the purpose of these regulations, a person shall be considered to be a married student where one or more of the following apply:

†††††††††††† (a) he or she is cohabiting with and has cohabited with another person in a conjugal relationship for at least 12 consecutive months or has filed his or her most recent income tax return as that personís common law partner;

†††††††††††† (b) he or she is married; and

†††††††††††† (c) he or she is cohabiting in a conjugal relationship with another person and during that relationship he or she and that other person became the natural or adoptive parents of a child.

†††††††††††† (4) Where subsections (1) to (3) do not apply to a person, that person shall be considered to be a dependent student and the income of his or her parents or guardians shall be considered for determining financial need under these regulations.

106/03 s8; 37/13 s2; 50/15 s3

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Residency

††††††† 9. (1)†A dependent student shall be considered to be a resident of the province where his or her parents or parent, where one parent is deceased, with whom he or she resides, have lived in the province for at least 12 consecutive months immediately before the start of the program to which the notice of financial assistance applies.

†††††††††††† (2) Where a dependent studentís parents are divorced or separated that studentís place of residence shall be

†††††††††††† (a) the province of residence of the parent with whom that student normally lives; or

†††††††††††† (b) the province of residence of the parent who provides the principle financial support for that student where that student does not reside with either of his or her parents.

†††††††††††† (3) Where a dependent studentís parents move to another province or territory of Canada and that student remains in the province to begin or continue studies at an educational institution in the province not more than 12 months after his or her parentís move, the province shall be that studentís residence.

†††††††††††† (4) Where a dependent studentís parents reside outside of Canada and that student remains in the province to begin or continue studies at an educational institution in the province, the residence of that student is the province or territory of residence of his or her parents for at least 12 consecutive months before leaving Canada .

†††††††††††† (5) An independent student who has lived in the province for 12 or more consecutive months while not a student, immediately before the start of the program to which the notice of financial assistance applies shall be considered to be a resident of the province.

†††††††††††† (6) A married student shall be considered to be a resident of the province where the person with whom he or she has been cohabiting in accordance with subsection 8(3) has been employed full time in the province for 12 or more months immediately before the start of the program to which the notice of financial assistance applies.

†††††††††††† (7) A single parent who has lived in the province for 12 or more consecutive months immediately before the start of a program to which a notice of financial assistance applies, excluding time spent as a full time student at a post secondary institution, shall be considered to be a resident of this province.

†††††††††††† (8) Where a student becomes a resident of the province as a result of marriage and subsequently becomes a single parent as a result of divorce or the death of his or her spouse, that student shall be considered to be a resident of the province for the purpose of receiving financial assistance until residency is established outside the province.

106/03 s9; 37/13 s3

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Need assessment

††††† 10. (1)†The minister shall assess the need of a person who applies for financial assistance.

†††††††††††† (2) For the purposes of these regulations, need shall be considered to be the amount by which a personís educational and living expenses as assessed by the minister exceeds his or her financial resources.

†††††††††††† (3) The determination of need shall be used to assess the amount of financial assistance that a person is eligible to receive for a period of study.

†††††††††††† (4) The minister shall establish the

†††††††††††† (a) educational and living expenses; and

†††††††††††† (b) student, parent and spousal resources,

that will be used to determine a personís need.

106/03 s10; 37/13 s4

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Parental
contribution

††††† 11. (1)†In order to assess the need of a dependent student, both parents of that student, including parents who are separated or divorced, shall provide with that student's application for financial assistance, the financial information that the minister may require.

†††††††††††† (2) Notwithstanding subsection (1), the minister may, where circumstances warrant it, require the financial information of one parent only.

106/03 s11; 37/13 s5

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Pre-study contribution

††††† 12. (1)†A personís earnings during a pre-study period shall be included as a resource in the calculation of need under these regulations.

†††††††††††† (2) The resource contributed by a personís earnings shall be calculated in accordance with the following formula:

†††††††††††††††††††††††††††††††††† C = [(GI - PD) - LA] x 80%

where

†††††††††††††† C is the contribution used as a resource to calculate need;

†††††††††††† GI is the gross income for the pre study employment period;

††††††††††† PD is the total deduction from pay that is permitted by the minister; and

††††††††††† LA is the weekly living allowance as determined by the minister.

†††††††††††† (3) Upon the commencement of a period of study, a person shall provide to the minister, in the form, at the place and by the date that the minister may require, a confirmation of earnings for the pre-study period.

†††††††††††† (4) The minister may establish a minimum amount of contribution from a person for a pre-study period that will be assessed as a resource for the purpose of these regulations.

106/03 s12

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Study period contribution

††††† 13. (1)†Where a person receives income during a period of study, that income shall be included as a resource in the calculation of need.

†††††††††††† (2) [Rep. by 30/04 s2]

†††††††††††† (3) The resource contribution of a qualifying studentís income under this section shall be calculated by the following formula:

†††††††††††††††††††††††††††††††††† C = (I - D - AA) x 100%

where

†††††††††††††† C is the contribution used as a resource to calculate that studentís need;

††††††††††††††† I is the gross income for the study period;

†††††††††††††† D is the total amount of deduction from pay that is permitted by the minister; and

††††††††††† AA is the income allowance that is established by the minister.

106/03 s13; 30/04 s2

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Reassessment

††††† 14. (1)†The minister may reassess an application for financial assistance where

†††††††††††† (a) information is made available to the minister that differs from the information provided with respect to a previous or current application of that person;

†††††††††††† (b) an audit of the application reveals to the minister information that differs from the information provided with respect to a previous or current application of that person; or

†††††††††††† (c) an applicant for financial assistance has failed to file with the minister the documentation and information required to verify a statement made as part of his or her application.

†††††††††††† (2) Where a person's eligibility is reassessed under paragraphs (1)(a) to (c) with respect to a current period of study and that reassessment reveals that he or she is entitled to more financial assistance, another notice of financial assistance may be issued for that additional financial assistance before a date that the minister may establish.

†††††††††††† (3) In addition to a reassessment under subsection (1), the minister may reassess an application for financial assistance of a person in a program of study outside the province where the minister determines that an error or mistake has been made with respect to the amount of a grant the person is eligible to receive under section 4 of the Student Financial Assistance Regulations .

†††††††††††† (4) Where a person's eligibility is reassessed under subsection (3) with respect to a current period of study and that reassessment reveals that he or she is not entitled to a portion of the grant issued or is entitled to a grant in an amount greater than the grant issued, another notice of financial assistance setting out the adjusted amount of student loan and grant may be issued before a date that the minister may establish.

58/14 s1

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Overaward

††††† 15. (1)†Where as a result of a reassessment under subsection 14(1) it is determined that a person has received more financial assistance than that to which he or she was entitled, the minister may, by written notice, require that person to repay all or a portion of the overaward and the amount repayable shall

†††††††††††† (a) be deducted from that person's future entitlements to financial assistance; or

†††††††††††† (b) where a person has commenced repayment, be repaid by that person in accordance with the repayment plan applicable to him or her for financial assistance that has been received.

†††††††††††† (2) Where all or a portion of an overaward under subsection (1) is in respect of a grant issued under section 4 of the Student Financial Assistance Regulations , any amount of the overaward that has not been recovered under paragraph (1)(a) by the last day of the sixth month following the date the person ceases to be a full time student shall be converted into a student loan and repaid in accordance with the repayment plan applicable to him or her for financial assistance that has been received.

†††††††††††† (3) Where a reassessment under subsection 14(3) results in an overaward in respect of a grant issued under section 4 of the Student Financial Assistance Regulations , the minister may, by written notice, require that person to repay all or a portion of the overaward and the repayable amount shall be converted into a student loan and repaid in accordance with the repayment plan applicable to him or her for financial assistance that has been received.

†††††††††††† (4) The minister may cancel or amend a requirement to repay all or a portion of an overaward in respect of a grant to which subsection (2) applies where the minister determines that an error occurred or extenuating circumstances exist.

†††††††††††† (5) Notwithstanding subsection (2), an overaward in respect of a grant issued before August 1, 2014 shall not be converted into a student loan.

58/14 s2

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Term without assistance

††††† 16. (1)†Where a person has received financial assistance and is presently attending a full time period of study for which he or she is not receiving financial assistance, he or she shall notify the lender and the service provider of that financial assistance of his or her full time attendance in a program of study at an educational institution.

†††††††††††† (2) A notice to a lender and a service provider under subsection (1) shall be provided at a time and in a form acceptable to the lender or service provider.

106/03 s16

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Notice of financial assistance

††††† 17. (1)†Where an application is received by the minister under section 7, the minister, if satisfied that the applicant

†††††††††††† (a) is a full time student;

†††††††††††† (b) has complied with the Act and regulations made under the Act; and

†††††††††††† (c) is eligible for financial assistance

may issue a notice of financial assistance to that applicant and in other circumstances, may refuse to issue a notice of financial assistance to that applicant.

†††††††††††† (2) A notice of financial assistance shall

†††††††††††† (a) be in a form that the minister considers appropriate;

†††††††††††† (b) set out the amount of financial assistance for which the full time student named on the notice is eligible; and

†††††††††††† (c) state other terms that the minister considers necessary.

†††††††††††† (3) A notice of financial assistance shall not be issued to a person after the end date of the period of study to which that notice applies.

†††††††††††† (4) The minister shall establish an end date for periods of study for which financial assistance may be provided under the Act.

†††††††††††† (5) An educational institution shall provide to the division sufficient information with respect to its programs of study to permit the minister to establish an end date.

36/13 s7

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Appeal board

††††† 18. (1)†The minister shall appoint a student financial assistance appeal board consisting of a panel of not fewer than 6 and not more than 9 persons of whom

†††††††††††† (a) one shall be a representative from Memorial University of Newfoundland;

†††††††††††† (b) two shall be students attending educational institutions in the province;

†††††††††††† (c) one shall be an employee of the government of the province;

†††††††††††† (d) one shall be a representative from the College of the North Atlantic established under the College Act, 1996 ; and

†††††††††††† (e) one shall be a representative from a private educational institution in the province.

†††††††††††† (2) The minister shall appoint one person from among those appointed under subsection (1) to be the chairperson of the appeal board.

†††††††††††† (3) A person appointed under subsections (1) and (2) shall be appointed for a term of 3 years.

†††††††††††† (4) Notwithstanding subsection (3), of the members of the appeal board first appointed under these regulations

†††††††††††† (a) one shall be appointed for a term of one year;

†††††††††††† (b) 2 shall be appointed for a term of 2 years; and

†††††††††††† (c) the remainder of the members shall be appointed for a term of 3 years,

and each member is eligible for reappointment.

†††††††††††† (5) A person appointed to the appeal board under this section is eligible for reappointment for a 3 year term and shall not serve as a member of the appeal board for more than 2 consecutive terms.

†††††††††††† (6) Notwithstanding subsections (3) to (5) a member of the appeal board shall continue to be a member until he or she is replaced.

†††††††††††† (7) Where a vacancy occurs in the membership of the appeal board panel, the minister shall appoint a person to replace that member and that person shall be a member of the appeal board for the remainder of the unexpired term of the person he or she is replacing.

†††††††††††† (8) The members of the appeal board shall serve without remuneration but a member shall be paid expenses in accordance with a scale of allowable expenses that the minister has approved.

106/03 s18; 30/04 s4

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Financial assistance review and appeal

††††† 19. (1)†A person aggrieved of a decision with respect to the amount of financial assistance, other than debt reduction assistance, for which he or she is eligible or with respect to the conversion of a grant into a student loan may apply to the minister in writing for a review of that decision.

†††††††††††† (2) An application made under subsection (1) shall be reviewed not more than 14 days after its receipt and the applicant shall immediately be notified, in writing, of the decision.

106/03 s19; 32/09 s5; 58/14 s3

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Financial assistance appeal

††††† 20. (1)†A person may, in writing, appeal a decision made under subsection 19(2) to the appeal board.

†††††††††††† (2) The appeal board shall hear and consider an appeal made under subsection (1) not more than 6 weeks after its receipt of the appeal and shall notify the appellant in accordance with subsection 12(3) of the Act.

106/03 s20; 30/04 s5

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Time limitation

††††† 21. (1)†An application for review under section 19 shall be made not fewer than 8 weeks before the end date of the period of study to which financial assistance being reviewed relates.

†††††††††††† (2) An appeal made under section 20 shall be made not fewer than 6 weeks before the end date of the period of study to which the financial assistance being appealed relates.

†††††††††††† (3) Notwithstanding subsection (1) an appeal for review under section 19 relating to a period of study of less than 12 weeks shall be made not fewer than 4 weeks before the end date of the period of study to which the financial assistance being reviewed relates.

†††††††††††† (4) Notwithstanding subsections (1) to (3) and 20(2), where a person is aggrieved of a decision with respect to an overaward to which subsection 15(2) applies,

†††††††††††† (a) an application for review under section 19 shall be made not later than the first day of the fifth month after the date the person ceases to be a full time student;

†††††††††††† (b) an appeal made under section 20 shall be made not later than the first day of the sixth month after the date the person ceases to be a full time student; and

†††††††††††† (c) the appeal board shall hear and consider the appeal not more than 4 weeks after its receipt of the appeal and shall notify the appellant in accordance with subsection 12(3) of the Act.

106/03 s21; 32/09 s6; 58/14 s4

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Additional review and appeal

††††† 22. (1)†A person aggrieved of a decision with respect to a matter pertaining to debt reduction assistance, may apply to the minister, in writing, for a review of that decision not more that one year after receiving the decision for which that review is requested.

†††††††††††† (2) An application submitted under subsection (1) shall be reviewed and a decision, in writing, shall be provided to the applicant.

106/03 s22; 32/09 s7

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Appeal to appeal board

††††† 23. A person may, not more than 30 days after receiving a decision under subsection 22(2), appeal that decision, in writing, to the appeal board.

106/03 s23; 30/04 s5

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Deemed receipt

††††† 24. A decision referred to in subsection 22(1) or section 23 shall be considered to have been received by a person 5 days after that decision has been mailed to him or her by the division unless the contrary is proved

106/03 s24

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Appeal board decision

††††† 25. (1)†A decision of the appeal board shall be made by a majority vote of members present at the meeting in which the decision is made.

†††††††††††† (2) A majority of the appeal board is a quorum and the chairperson of the appeal board has an equal vote with the other members

†††††††††††† (3) A person who makes an appeal to the appeal board has the right to be

†††††††††††† (a) present;

†††††††††††† (b) present with representation; or

†††††††††††† (c) represented by a person of his or her choosing,

at the hearing of the matter under appeal.

†††††††††††† (4) The appeal board may seek and utilize the expertise and assistance of persons who are not on the appeal board or employed with the division in order to make a decision on a matter.

†††††††††††† (5) The appeal board shall provide a decision to the appellant in accordance with subsection 12(3) of the Act.

†††††††††††† (6) A decision of the appeal board shall be limited to the requirements of the Act, regulations made under the Act and policies and procedures of the department and the division with respect to matters to which the Act applies.

†††††††††††† (7) A decision of the appeal board is final.

106/03 s25; 30/04 s5

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Fees and charges

††††† 26. Where a borrower owes money to the Crown or to the corporation under an agreement by subrogation or otherwise on account of financial assistance received by the borrower, that borrower shall pay the following charges

†††††††††††† (a) $35 for a dishonoured cheque provided to the division or to the corporation;

†††††††††††† (b) $15 for a late payment where the borrower has entered into a repayment arrangement;

†††††††††††† (c) an amount paid by the Crown to a lender to obtain financial assistance documentation with respect to the borrower who received the financial assistance; and

†††††††††††† (d) legal costs incurred by the Crown or the Student Loan Corporation pursuant to a court action to collect a debt under this Act or Regulations or an amount for same paid to an agent collecting on behalf of the Crown or the Student Loan Corporation.

30/04 s6; 32/09 s8

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Refunds of $10 or less

†† 26.1 Where an amount of $10 or less is owed to a borrower by the corporation, that amount shall not be refunded to the borrower unless requested by him or her.

30/04 s6

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Provision of information

†† 26.2 An educational institution shall provide to or confirm for the minister any personal information, including academic record and status, with respect to a student or former student who has received financial assistance under the Act that the minister considers necessary to determine the student's eligibility for debt reduction or other financial assistance under this Act and to administer the Act, including periodic progress reporting to students.

32/09 s9

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Commencement

††††† 27. These regulations shall be considered to have come into force on August 1, 2002 .

106/03 s27