|
|
11 |
|
|
|
|
First
Session, 51st General Assembly 3 Charles III, 2026 |
|
|
|
|
|
AN ACT TO AMEND THE
STUDENT FINANCIAL ASSISTANCE ACT, 2019 |
|
|
Received and Read the First Time................................................................ |
|
|
Second
|
|
|
Committee..................................................................................................... |
|
|
Third
|
|
|
Royal Assent................................................................................................. |
|
|
HONOURABLE PAUL DINN Minister of Education and Early Childhood Development |
|
|
Ordered to be printed by
the Honourable House of Assembly |
|
|
EXPLANATORY NOTES This Bill would amend the Student Financial Assistance Act, 2019 to ˇ eliminate the Student Financial Assistance Appeal Board; ˇ allow a person to appeal a decision relating to a denial, term, condition, amount of a student loan, financial assistance, interest or payment relief made or established under the Act to an appeals officer; ˇ allow a person to appeal a decision of an appeals officer to the director in the department responsible for student financial services; ˇ allow the minister to issue a certificate of judgment for filing at the Supreme Court for the collection of defaulted provincial student loans; and ˇ incorporate gender-neutral language. A BILL AN ACT TO AMEND THE STUDENT FINANCIAL ASSISTANCE ACT, 2019 Analysis 1.
S.2 Amdt. 2.
S.11 Amdt. 3.
S.12 Rep. 4. S.13 R&S Appeals 5.
S.14 Amdt. 6.
S.17 Amdt. 7. S.19.1 Added Certificate of judgment 8.
S.21 Amdt. 9.
S.22 Amdt. 10.
S.24 Amdt. 11. Transitional 12. RSNL1990 cP-43 Amdt. 13. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL2019 cS-29.02 1. (1) Paragraph 2(a) of the Student Financial Assistance Act, 2019 is repealed and the following substituted: (a) "appeals officer" means an employee of the department designated to hear appeals under subsection 13(1); (2) Section 2 of the Act is amended by adding immediately after paragraph (c) the following: (c.1) "director" means the director responsible for student financial services in the department; 2. (1) Subsection 11(1) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person". (2) Subsection 11(2) of the Act is amended by deleting the words "his or her" and substituting the words "the person's". 3. Section 12 of the Act is repealed. 4. Section 13 of the Act is repealed and the following substituted: Appeals (2) A person may appeal a decision of an appeals officer to the director. (3) An appeal under this section shall be (a) submitted in the form and manner set by the minister in the time period prescribed in the regulations; and (b) conducted in accordance with the regulations. (4) An appeals officer may confirm, vary or revoke the decision that is the subject of an appeal under subsection (1) and the director may confirm, vary or revoke the decision that is the subject of an appeal under subsection (2). (5) A decision under this section shall (a) be in writing; (b) include reasons; and (c) be provided to the person who filed the appeal in the time period prescribed in the regulations. (6) A decision of the director is final and binding. 5. (1) Paragraph 14(1)(g) of the Act is repealed and the following substituted: (g) respecting the conduct of appeals under section 13; (2) Subsection 14(1) of the Act is amended by adding immediately after paragraph (g) the following: (g.1) prescribing time periods for the purposes of section 13; 6. Subsection 17(1) of the Act is amended by deleting the words "he or she" and substituting the words "that qualifying student". 7. The Act is amended by adding immediately after section 19 the following: Certificate of judgment 19.1 (1) Where a person fails to repay an amount owing that is due
to the Crown under this Act, the minister may issue a certificate stating the
amount due and remaining unpaid to the Crown and the name of the person by whom
it is payable and file the certificate with the Supreme Court. (3) Where a certificate
is filed with the Supreme Court under subsection (1), it is of the same effect and all proceedings may be taken on the certificate
as if it were a judgment of that court for the recovery of the amount stated in
the certificate against the person named in the certificate. (4) A person named in a
certificate filed under this section may, within 30 days after the certificate
is filed, apply to a judge of the Supreme Court for a review, on a question of
law or jurisdiction, of the certificate or the decision upon which the certificate
was based. (5) On an application
under subsection (4), the judge may make any amendment to the certificate that
is necessary to make the certificate accord with the judge's decision. (6) There is no appeal
from a decision of a judge made under this section. (7) A certificate filed under this section may also be filed in the judgment enforcement registry upon the expiration of the 30 day period referred to in subsection (4) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act. 8. Paragraph 21(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "that person's". 9. Subsection 22(5) of the Act is amended by deleting the words "he or she" and substituting the words "the minister". Transitional 11. Where an appeal has been submitted to the appeal board before the coming into force of this Act but has not been concluded before the coming into force of this Act, the appeal shall be concluded in accordance with this Act and the regulations. RSNL1990 cP-43 Amdt. 12. Schedule
C of the Public Service Commission Act is amended by deleting
the statutory appointment reference "Student Financial Assistance
Act, 2019, Student Financial Assistance Administration Regulations,
paragraphs 18(1)(b) and (e)". Commencement 13. This Act comes into force on August 1, 2026. ŠKing's Printer |