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Newfoundland and Labrador
Regulation 2009


NEWFOUNDLAND AND LABRADOR REGULATION 66/09

NEWFOUNDLAND AND LABRADOR
REGULATION 66/09

Student Financial Assistance Regulations
(Amendment)
under the
Student Financial Assistance Act
(O.C. 2009-230)

(Filed July 30, 2009)

Under the authority of section 16 of the Student Financial Assistance Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, July 30, 2009.

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.5.2 Amdt.
Interest free status

        3.   Commencement


NLR 105/03
as amended

        1. Paragraph 2(e) of the Student Financial Assistance Regulations is amended by adding immediately after the word "Regulations" the words "or who is granted interest free status under subsection 5.2(6), (7), (10) or (12) of these regulations".

 

        2. Section 5.2 of the regulations is amended by adding immediately after subsection (5) the following:

             (6)  Subject to subsection (11), when a student loan is issued to a borrower who is a member of the reserve force and who interrupts his or her program of studies to serve on a designated operation, that student loan has interest free status until the last day of the month in which his or her service on the designated operation ends.

             (7)  Notwithstanding subsection (6) if, as a result of the date on which his or her service on the designated operation ends, the borrower is unable to continue in a program of studies within 6 months after that date, the minister may, on application, allow up to a further 6 months of interest free status.

             (8)  A borrower referred to in subsection (6) must, no later than 30 days after receipt of his or her posting message provided by Canada's Department of National Defence, unless circumstances beyond the control of the borrower necessitate a longer period, notify the minister in the prescribed form that he or she will be serving on the designated operation and must provide the minister with a list of outstanding student loans not owned by the corporation and, where the minister requests, provide the minister with

             (a)  his or her social insurance number;

             (b)  a list of outstanding student loans;

             (c)  a copy of the posting message; and

             (d)  information that is necessary to assess whether the borrower meets the requirements of subsection (6), (7), (10) or (12).

             (9)  The minister may consider one or more of the requirements of subsection (8) of these regulations to be satisfied where a borrower has provided a notification and information to Canada's Minister of Human Resources and Skills Development in compliance with subsection 8(3) of the Canada Student Financial Assistance Regulations.

           (10)  If a borrower referred to in subsection (6) is unable to continue full-time in a program of studies as a result of an injury or disease that is attributable to or was incurred during the designated operation, or the aggravation of an injury or disease, if the aggravation was attributable to or was incurred during the designated operation, the borrower will be granted interest free status until the earlier of the day

             (a)  on which it is determined by Canada's Minister of Human Resources and Skills Development under the Canada Student Financial Assistance Regulations that the injury or disease, or the aggravation of the injury or disease, no longer precludes the borrower from returning to a program of studies; and

             (b)  that is 2 years after the day on which the borrower’s service on the designated operation ended.

           (11)  If it is determined by Canada's Minister of Human Resources and Skills Development under subsection 8(2) or (4) of the Canada Student Financial Assistance Regulations that the date when the borrower ceases to be a full time student under those regulations will be delayed for the purpose of those regulations, then the borrower will be granted interest free status until that date for the purpose of subsections (7) and (10) of these regulations.

           (12)  Where a determination referred to in subsection (11) is not applicable, a determination by the minister of eligibility in subsections (7) and (10) shall be made on the same basis as if the determination was made under subsection 8(2) or (4) of the Canada Student Financial Assistance Regulations.

           (13)  For the purpose of subsections (6) to (12) "designated operation" means an operation that is designated under paragraph 247.5(1)(a) of the Canada Labour Code.

Commencement

        2. These regulations are considered to have come into force on June 13, 2008.