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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER S-29

AN ACT TO PROVIDE FOR PAYMENT OF FINANCIAL ASSISTANCE FOR STUDENTS ATTENDING POST-SECONDARY EDUCATIONAL INSTITUTIONS

Analysis

1. Short title

2. Definitions

3. Regulations

4. Agreements with federal government

5. Further agreements

6. Amending agreements

7. Payments not assignable

8. Re overpayment

9. No right to payments

10. Consolidated Revenue Fund

11. Offences

12. Actions in Attorney General's name

13. Penalty


Short title

1. This Act may be cited as the Student Allowances Act.

1986 c26 s1

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Definitions

2. In this Act

(a) "allowance" means the allowance prescribed under section 3;

(b) "educational institution" means an institution of learning, whether within or outside the province, that offers courses at a post-secondary level and is prescribed under section 3 as a specified educational institution for the purpose of the Canada Student Loans Act and this Act;

(c) "minister" means the Minister of Education; and

(d) "student" means a student at an educational institution who comes within the definition in the Canada Student Loans Regulations under the Canada Student Loans Act of a full-time student and whose course of studies

(i) is approved by the minister,

(ii) lasts for not less than the prescribed period, and

(iii) leads to a degree, diploma, certificate or other academic qualifications approved by the minister.

1986 c26 s2; 1990 c26 Sch B

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Regulations

3. (1) The Lieutenant-Governor in Council may make regulations

(a) authorizing the payment by the minister to educational institutions in respect of students attending the educational institution of those fees and other charges, or portions of the fees or charges;

(b) defining what shall be considered as fees and charges;

(c) authorizing the payment by the minister to those students of the allowances, for the period that the minister may prescribe;

(d) authorizing the payment by the minister to those students of the fellowships, for the period that the minister may prescribe;

(e) authorizing the payment by the minister to financial institutions in respect of loans by students from the financial institutions;

(f) prescribing the manner of making application for the payments referred to in this section, the evidence to be provided, including evidence under oath or affirmation, in connection with the application and the manner of approval of the application;

(g) prescribing qualifications, terms and conditions to be met or fulfilled by a student before payments may be paid in respect of that student, and different qualifications, terms and conditions may be prescribed in respect of the different payments;

(h) the circumstances under which payments may be withheld, suspended, cancelled or forfeited and the disposition of those payments;

(i) respecting the making of investigations as to the eligibility of a person to or in respect of a payment and as to the use made of the investigation, and providing for the suspension of payment during an investigation and for the reinstatement or resumption of payment after suspension;

(j) providing for the designation of persons as investigators and prescribing their powers and duties;

(k) prescribing the purpose for which a payment authorized by this section is to be used;

(l) prescribing the manner of and time when payments authorized by this section are to be made;

(m) prescribing forms for use under this Act and the regulations;

(n) forbidding the reduction or restriction of financial assistance under this Act;

(o) establishing those boards, committees and councils that the Lieutenant-Governor in Council considers desirable to help and advise the minister in carrying out the provisions of this Act and the regulations, prescribing the powers and duties of those boards, committees and councils and appointing the members of them;

(p) prescribing educational institutions, either particularly or as a member of a class, as specified educational institutions; and

(q) generally, to give effect to the purpose of this Act.

(2) The Lieutenant-Governor in Council may, in regulations made under subsection (1), provide that a person who fails to comply with or otherwise contravenes the regulations is guilty of an offence and the Lieutenant-Governor in Council may prescribe penalties to which that person is liable, on summary conviction, for failing to comply with or otherwise contravening the regulations.

1986 c26 s3

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Agreements with federal government

4. (1) Subject to the approval of the Lieutenant-Governor in Council, the minister may enter into agreements with the Government of Canada or an agency of the Government of Canada providing for

(a) joint undertaking, by the government of the province or an agency of that government with the Government of Canada or an agency of that government of projects for the encouragement of or help to students in or from the province, or relating to an aspect of the matters entrusted to the minister under this Act; or

(b) the payment to or by the province of contributions in respect of the cost of projects referred to in paragraph (a).

(2) For the purpose of helping the development of educational opportunities with respect to students in or from the province and improving the standard of post-secondary education in the province or for a purpose of this Act, and subject to the approval of the Lieutenant-Governor in Council, the minister may prepare and have undertaken by the government of the province or with the Government of Canada, programs of research and investigation, and may co-ordinate those programs with other similar programs being undertaken in the province or elsewhere in Canada.

1986 c26 s4

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Further agreements

5. Subject to the approval of the Lieutenant-Governor in Council, the minister may

(a) enter into an agreement for promoting the objects of this Act, including agreements with educational institutions or another person; or

(b) enter into an agreement for which no specific provision is made elsewhere in this Act which the minister considers necessary or desirable for the purpose of exercising or discharging his or her powers, duties or functions.

1986 c26 s5

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Amending agreements

6. Power to enter into an agreement under this Act shall include power to implement the agreement and to amend it, but approval of the Lieutenant-Governor in Council for an amending agreement is required in the same manner as for the original agreement.

1986 c26 s6

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Payments not assignable

7. An amount of money payable under this Act or the regulations shall not be assigned, charged, alienated, attached, or anticipated or given as security, and a transaction purporting to assign, charge, alienate, attach, anticipate or give as security such an amount is void.

1986 c26 s7

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Re overpayment

8. (1) A person who receives or obtains an amount of money under this Act or the regulations to which that person is not entitled or an amount of money in excess of the sum to which that person is entitled, shall immediately return the cheque or the amount of the excess to the minister.

(2) A person on account or in respect of whom an amount of money is paid under this Act or the regulations where that person is not entitled to have that amount of money so paid or on account or in respect of whom an amount of money in excess of the sum which that person is entitled to have paid is paid, shall immediately pay over that amount to the minister.

(3) Where a person receives or obtains an amount of money referred to in subsection (1) or on account or in respect of whom an amount of money referred to in subsection (2) is paid, that amount is a civil debt owing from that person to the minister and the minister may sue for and recover that amount as a civil debt.

(4) Notwithstanding subsection (3), where a person referred to in subsection (1) or (2) is or subsequently becomes entitled to an amount of money under this Act or another amount of money from the government of the province, the amount of indebtedness referred to in subsection (3) may be deducted and retained by the minister from the amount of money to which that person is or becomes entitled under this Act or otherwise from the government of the province.

(5) Subsections (1) to (4) shall apply, notwithstanding the fact that a person referred to in those subsections is liable to be, has been or it is intended that the person shall be, prosecuted for an offence arising out of his or her receipt or obtaining of an amount of money referred to in subsection (1) or on account of or in respect of whom an amount of money referred to in subsection (2) is paid.

1986 c26 s8

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No right to payments

9. A person is not entitled as a matter of right to receive or obtain or have paid on account of or in respect of that person an amount of money authorized under this Act or the regulations.

1986 c26 s9

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Consolidated Revenue Fund

10. Payments required to be made by the minister or by or on behalf of the Crown under an agreement entered into under this Act or in carrying out this Act or the regulations shall be paid by the minister out of the Consolidated Revenue Fund of the province, and amounts of money paid to or recovered by the minister under this Act or the regulations shall be paid into the Consolidated Revenue Fund.

1986 c26 s10

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Offences

11. (1) A person shall not knowingly receive or obtain an amount of money under this Act or the regulations to which that person is not entitled.

(2) A person shall not knowingly benefit from the payment of an amount of money paid on account of or in respect of that person under this Act or the regulations where that person is not entitled to that benefit.

(3) A person shall not knowingly help another person to receive or obtain an amount of money under this Act or the regulations to which that other person is not entitled.

(4) A person shall not knowingly help another person to benefit from the payment of an amount of money under this Act or the regulations where that other person is not entitled to that benefit.

1986 c26 s11

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Actions in Attorney General's name

12. Actions, suits and other proceedings taken by the minister for the enforcement of an agreement or for the recovery of an amount of money under this Act or for the recovery of damages in tort or arising out of contract shall be instituted in the name of the Attorney General for the province.

1986 c26 s12

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Penalty

13. A person who fails to comply with or otherwise contravenes this Act or the regulations is guilty of an offence and a person who is guilty of an offence is, where a penalty is not specifically provided in this Act or the regulations, liable on summary conviction in the case of a 1st conviction to a fine not exceeding $1,000 and in the case of a 2nd or subsequent conviction for a similar offence to a fine not exceeding $2,000 or in either case, to imprisonment for a term not exceeding 3 months.

1986 c26 s13

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