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Newfoundland and Labrador
Regulation 2004


NEWFOUNDLAND AND LABRADOR REGULATION 30/04

NEWFOUNDLAND AND LABRADOR
REGULATION 30/04

Student Financial Assistance Administration
Regulations
(Amendment)
under the
Student Financial Assistance Act

(Filed April 5, 2004)

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

Dated at St. Johnís, March 30, 2004.

John Ottenheimer
Minister of Education

REGULATIONS

Analysis


††††††† 1. S.2 Amdt.
Definitions

††††††† 2. S.13 Amdt.
Study period contribution

††††††† 3. S.17 R&S
Certificate of eligibility

††††††† 4. S.18 Amdt.
Appeal board

††††††† 5. Ss.20, 23 & 25 Amdt.
20.†† Financial assistance
††††††† appeal
23.†† Appeal to appeal board
25.†† Appeal board decision

††††††† 6. S.26 R&S
26.†† Fees and charges
26.1 Refunds of $10 or less

††††††† 7.†† Commencement


NLR 106/03

††††††† 1. Paragraph 2(d) of the Student Financial Assistance Administration Regulations is repealed.

 

††††††† 2. (1) Subsection 13(2) of the regulations is repealed.

†††††††††††† (2)Subsection 13(3) of the regulations is repealed and the following substituted:

†††††††††††† (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

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

††††††††††††††† Iis the gross income for the study period;

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

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

 

††††††† 3. Section 17 of the regulations is repealed and the following substituted:

Certificate of eligibility

††††† 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; and

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

†††††††††††† (c)is eligible for a student loan,

may issue a certificate of eligibility to that applicant and in any other circumstance, may refuse to issue a certificate of eligibility to that applicant.

†††††††††††† (2)A certificate of eligibility shall

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

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

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

†††††††††††† (3)A certificate of eligibility shall not be issued to a person after the end date of the period of study to which that certificate 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.

 

††††††† 4. (1) Subsection 18(1) of the regulations is amended by adding immediately after the word "student" the word "financial".

†††††††††††† (2)Subsections 18(2), (4), (5), (6), (7) and (8) of the regulations are amended by adding immediately before the word "board" wherever it occurs, the word "appeal".

 

††††††† 5. Sections 20, 23 and 25 of the regulations are amended by adding immediately before the word "board" wherever it occurs, the word "appeal".

 

††††††† 6. Section 26 of the regulations is repealed and the following substituted:

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; and

†††††††††††† (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.

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.

Commencement

††††††† 7. These regulations shall be considered to have come into force on April 1, 2004.