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Newfoundland and Labrador
Regulation 2009


NEWFOUNDLAND AND LABRADOR REGULATION 32/09

NEWFOUNDLAND AND LABRADOR
REGULATION 32/09

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

(Filed May 5, 2009)

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

Dated at St. John’s, May 5, 2009.

Darin King
Minister of Education

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.3 Amdt.
Financial assistance eligibility

        3.   S.4 Amdt.
Maintaining and duration of eligibility

        4.   S.5 Amdt.
Program change

        5.   S.19 Amdt
Financial assistance review and appeal

        6.   S.21 Amdt.
Time limitation

        7.   S.22 Amdt.
Additional review and appeal

        8.   S.26 Amdt.
Fees and charges

        9.   S.26.2 Added
Provision of information

      10.   Commencement


NLR 106/03
as amended

        1. (1) Section 2 of the Student Financial Assistance Administration Regulations is amended by adding immediately after paragraph (a) the following:

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

 

        2. (1) Paragraph 3(1)(f) of the regulations is repealed and the following substituted:

              (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;

             (2)  Section 3 of the regulations is amended by adding immediately after subsection (1) the following:

          (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.

 

        3. (1) Section 4 of the regulations is amended by adding immediately after subsection (3) the following:

          (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.

             (2)  Section 4 of the regulations is amended by adding immediately after subsection (6) the following:

             (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.

 

        4. Subsection 5(2) of the regulations is amended by deleting the words and comma "upon application," and the comma immediately before.

 

        5. Subsection 19(1) of the regulations is amended by adding immediately after the word "assistance" a comma and the words and comma "other than debt reduction assistance,".

 

        6. Section 21 of the regulations is amended by adding immediately after subsection (2) the following:

             (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.

 

        7. Subsection 22(1) of the regulations is repealed and the following substituted:

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.

 

        8. Section 26 of the regulations is amended by deleting the word "and" at the end of paragraph (b), by deleting the period at the end of paragraph (c) and substituting a semicolon and the word "and", and by adding immediately after paragraph (c) the following:

             (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.

 

        9. The regulations are amended by adding immediately after section 26.1 the following:

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.

Commencement

      10. (1) Section 1 and sections 3 through 9 of these regulations are considered to have come into force on August 1, 2002.

             (2)  Section 2 of these regulations is considered to have come into force on April 1, 2004.