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Newfoundland and Labrador
Regulation 2019


NEWFOUNDLAND AND LABRADOR REGULATION 27/19

NEWFOUNDLAND AND LABRADOR
REGULATION 27/19

Student Financial Assistance Administration Regulations (Amendment)
under the
Student Financial Assistance Act, 2019

(Filed April 11, 2019)

Under the authority of section 14 of the Student Financial Assistance Act, 2019, I make the following regulations.

Dated at St. John's, April 11, 2019.

Bernard Davis
Minister of Advanced Education, Skills and Labour

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.3 Amdt.
Financial assistance eligibility

        3.   S.8 Amdt.
Student Category

        4.   S.20 Admt.
Financial assistance appeal

        5.   S.21 Amdt.
Time limitation

        6.   S.25 Amdt.
Appeal board decision

        7.   S.26 R&S
Fees and charges

        8.   S.26.1 R&S
Refunds of $10 or less

        9.   Commencement


NLR 106/03
as amended

        1. Paragraph 2(a) of the Student Financial Assistance Administration Regulations is repealed and the following substituted:

             (a)  "Act" unless the context indicates otherwise, means the Student Financial Assistance Act, 2019;

 

        2. (1) Paragraphs 3(1)(f), (f.1) and (g) of the regulations are repealed and the following substituted:

             (f)   the person does not owe money to the Crown related to a student loan for which a judgment has not been obtained or is not in arrears on previous student loans under the federal Act, the Act, the Student Financial Assistance Act or the Student Assistance Act, for which a judgment 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 and all interest accrued to a day, has been paid in full, or, in a case where a judgment has been obtained, the judgment has been released; 

          (f.1)  the person does not owe money related to a student loan, for which a judgment has not been obtained, that is not owned by the Crown, 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 judgment has been obtained, the judgment has been released;

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

             (2)  Subsection 3(1.1) of the regulations is repealed and the following substituted:

         (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 Crown related to a student loan accrued to a day, must be paid in full.

 

        3. Paragraph 8(1)(e) of the regulations is amended by deleting the reference "Department of Child, Youth and Family Services" and substituting the reference "Department of Children, Seniors and Social Development".

 

        4. Subsection 20(2) of the regulations is repealed and the following substituted:

             (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 13(3) of the Act. 

 

        5. Paragraph 21(4)(c) of the regulations is repealed and the following substituted:

             (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 13(3) of the Act.

 

        6. Subsection 25(5) of the regulations is repealed and the following substituted:

             (5)  The appeal board shall provide a decision to the appellant in accordance with subsection 13(3) of the Act.

 

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

Fees and charges

      26. Where a borrower owes money to the Crown 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 Crown;

             (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 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.

 

        8. Section 26.1 of the regulations is repealed and the following substituted:

Refunds of $10 or less

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

Commencement

        9. These regulations come into force on August 1, 2019.