BILL 81
Post-Secondary Student
Financial Assistance Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
INTERPRETATION
Definitions
1 The following definitions apply in this Act.
“Appeal Board” means the Designation
Appeal Board established under section 4. (Comité d’appel)
“designated educational institution”
means an educational institution within or outside New Brunswick that
offers courses at a post-secondary level and that is designated by
the Minister under section 2 as
a designated educational institution. (établissement d’enseignement
agréé)
“direct loan” means a debt
obligation incurred by a qualifying student on entering into an agreement
with the Minister under subsection 15(1) and which is owed to Her Majesty in right of the Province, as
represented by the Minister. (prêt direct)
“family income” means
the aggregate income of a person who has obtained a direct loan and
the spouse or common-law partner of the person, including income from
employment, social programs, investments and monetary gifts. (revenu familial)
“financial assistance” means (aide financière)
(a) a direct loan, or
(b) a bursary awarded by the Minister to a qualifying student
under section 17.
“financial assistance program”
means a program respecting direct loans, bursaries awarded by the
Minister under section 17 and, as
the case may be, financial aid provided under the Canada Student Financial Assistance Act (Canada). (programme d’aide financière)
“financial institution” means (institution financière)
(a) a bank listed in Schedule
I, II or III of the Bank Act (Canada),
(b) a credit union as defined in the Credit Unions Act, or
(c) a loan company or trust company licensed under the Loan and Trust Companies Act.
“lender” means a financial
institution with whom the Minister of Education entered into an agreement
under the Youth Assistance Act before the commencement of this Act. (prêteur)
“Minister” means the
Minister of Post-Secondary Education, Training and Labour and includes
any person designated by the Minister to act on the Minister’s
behalf. (ministre)
“permanent disability” means
a functional limitation caused by a physical or mental impairment
that restricts the ability of a person to perform the daily activities
necessary to participate in studies at a post-secondary level or the
labour force and is expected to remain throughout the person’s
life. (invalidité permanente)
“qualifying student”
means a person who (étudiant admissible)
(a) is a Canadian citizen, a permanent resident within the
meaning of subsection 2(1) of the Immigration and Refugee Protection Act (Canada) or a protected
person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act (Canada),
(b) is a resident of New Brunswick,
(c) is a dependent student or an independent student, and
(d) is qualified for enrolment or is enrolled at a designated
educational institution in a program of studies and who intends to
take or is taking not less than 60% of the normal full-time course
load for the period for which a certificate of eligibility is requested.
“Review Board” means
the Post-Secondary Student Financial Assistance Review Board established
under section 25. (Commission de révision)
“service provider” means (fournisseur de services)
(a) a financial institution,
or
(b) any corporation incorporated under the laws of Canada
or a province or territory of Canada and carrying on business in Canada
with whom the Government of Canada has an agreement under section
6.2 of the Canada Student Financial
Assistance Act (Canada).
DESIGNATION OF EDUCATIONAL INSTITUTIONS
Designation of educational institutions
2(1) Subject to subsection (2), the Minister may, on application in
accordance with the regulations and on payment of the fee prescribed
by regulation and in accordance with the policies and procedures established
by the Minister, designate an educational institution, either particularly
or as a member of a class, as a designated educational institution
for the purposes of this Act and the Canada Student Financial Assistance Act (Canada).
2(2) Any designation by the Lieutenant-Governor in Council of a specified
educational institution under the Youth Assistance Act that is valid and of full force and effect
before the commencement of this Act is deemed to be a designation
of a designated educational institution by the Minister for the purposes
of this Act and the Canada Student
Financial Assistance Act (Canada).
2(3) The Minister may revoke a designation or place a designated educational
institution on probation if, in the opinion of the Minister, the designated
educational institution no longer meets or is unwilling to meet the
requirements for designation set out in the policies and procedures
established by the Minister.
2(4) The Regulations Act does
not apply to the policies and procedures established by the Minister
for the purposes of subsections (1) and (3).
Agreement by Minister with designated educational
institution
3 The Minister may enter into and amend from
time to time an agreement with a designated educational institution
setting out the terms and conditions of the designation of the educational
institution.
APPEAL BOARD
Establishment of Appeal Board
4 There is established an appeal board to be known as the Designation
Appeal Board.
Composition of Appeal Board
5 The Lieutenant-Governor in Council may appoint a maximum of 11 members
to the Appeal Board.
Chair
6 The members of the Appeal Board present at an appeal shall choose
one among them to be the Chair.
Term of office and revocation of appointments
7(1) All members of the Appeal Board shall be appointed for a term
not exceeding 3 years and are eligible for reappointment.
7(2) Any appointment to the Appeal Board may be revoked by the Lieutenant-Governor
in Council for cause.
7(3) Notwithstanding subsection (1) and subject to subsection (2),
a member of the Appeal Board shall remain in office until the member
resigns or is reappointed or replaced.
Quorum
8 Three members of the Appeal Board, one of whom is the Chair, constitute
a quorum.
Remuneration and expenses
9(1) The Lieutenant-Governor in Council shall determine the remuneration
to be paid to the members of the Appeal Board.
9(2) Each member of the Appeal Board is entitled to be reimbursed
in accordance with the regulations for the travelling and living expenses
incurred by the member in the performance of his or her duties.
Appeal
10(1) An educational institution may appeal a decision of the Minister
by serving a notice of appeal on the Minister in accordance with the
regulations.
10(2) The Minister shall refer an appeal under subsection (1) to the
Appeal Board who shall, in accordance with the regulations, hear the
appeal.
10(3) The conclusions and recommendations
of the majority of the members of the Appeal Board who hear an appeal
are the conclusions and recommendations of the Appeal Board but if
there is no majority, the conclusions and recommendations of the Chair
are the conclusions and recommendations of the Appeal Board.
10(4) The Appeal Board shall, in accordance with the regulations, transmit
to the Minister in writing its conclusions and recommendations.
10(5) The Minister is not bound by a conclusion or recommendation of
the Appeal Board.
10(6) The decision of the Minister under this section is final and
shall not be questioned or reviewed in any court.
INSPECTIONS
Appointment of inspectors
11 The Minister may appoint one or more persons as inspectors for the
purpose of ensuring compliance with this Act and the regulations.
Inspections
12(1) An inspector may, at any reasonable time and upon presentation
of proof of identification provided by the Minister, enter the premises
of a designated educational institution, or any other premises in
which the inspector has reason to believe there might be relevant
information, and make an inspection for the purpose of ensuring compliance
with this Act and the regulations.
12(2) An inspector may, for the purpose of ensuring compliance with
this Act and the regulations, inspect and make copies or extracts
of the records, books of account, bank accounts, vouchers, correspondence
or other documents of a designated educational institution.
12(3) An inspector shall not enter a private dwelling under subsection
(1) unless the inspector
(a) has the consent of the occupier, or
(b) has obtained an entry warrant under the Entry Warrants Act.
12(4) Before or after attempting to effect entry under subsection
(1), an inspector may apply to a judge for an entry warrant under
the Entry Warrants Act.
12(5) An inspector may request the assistance of a peace officer for
the purposes of subsection (1).
Removal of documents
13(1) An inspector may, for the purpose of ensuring compliance with
this Act and the regulations, remove records, books of account, bank
accounts, vouchers, correspondence or other documents from premises
referred to in subsection 12(1)
and may make a copy or extract of them or any part of them and shall
give a receipt to the occupier for the records, books of account,
bank accounts, vouchers, correspondence or other documents so removed.
13(2) Where records, books of account, bank accounts, vouchers, correspondence
or other documents are removed under subsection (1), they shall be
returned to the occupier as soon as possible after the making of the
copies or extracts.
13(3) A copy or extract of any record, book of account, bank account,
voucher, correspondence or other document related to an inspection
under this Act and purporting to be certified by an inspector is admissible
in evidence in any action, proceeding or prosecution as proof, in
the absence of evidence to the contrary, of the original without proof
of the appointment, authority or signature of the person purporting
to have certified the copy or extract.
13(4) A certificate referred to in subsection (3) shall not be received
in evidence unless the party intending to produce it has given to
the person against whom it is to be produced reasonable notice of
the party’s intention, together with a copy of the certificate.
13(5) A person against whom a certificate referred to in subsection
(3) is produced may, with leave of the court, require the attendance
of the person who signed the certificate for purposes of cross-examination.
Obstruction of inspectors
14(1) No person shall obstruct or interfere with an inspector in the
carrying out of an inspection under this Act, or withhold, destroy,
conceal, alter or refuse to furnish any record, book of account, bank
account, voucher, correspondence or other document required by the
inspector for the purposes of the inspection.
14(2) A refusal of consent to enter a private dwelling is not and shall
not be deemed to be obstructing or interfering within the meaning
of subsection (1), except where an entry warrant has been obtained.
AGREEMENTS
Direct loan agreements
15(1) The Minister may, with the approval of the Board of Management,
enter into and amend from time to time an agreement with a qualifying
student for the purpose of making a direct loan.
15(2) The Minister may, with the approval of the Board of Management,
enter into and amend from time to time an agreement with a service
provider respecting the administration of direct loans to qualifying
students and respecting such other matters relating to direct loans
as the Minister considers appropriate.
Agreements or arrangements respecting financial
assistance programs
16 The Minister may,
(a) with the approval of the Lieutenant-Governor in Council,
enter into and amend from time to time agreements or arrangements
with any department, board or agency of the Government of Canada or
any other public or private organization or agency or any other person
(i) to facilitate the administration
or enforcement of this Act,
(ii) to administer financial assistance
programs for qualifying students, and
(iii) to facilitate the delivery of the
Canada Millennium Bursary or other financial assistance programs to
qualifying students; and
(b) under the terms of any agreement or arrangement entered
into or amended under paragraph (a), participate in the delivery of financial assistance programs
to qualifying students by any department, board or agency of the Government
of Canada or any other public or private organization or agency or
any other person.
FINANCIAL ASSISTANCE AND REDUCTION
OF STUDENT DEBT
Provision of financial assistance to qualifying
student
17(1) On application by a qualifying student,
the Minister may issue a certificate of eligibility to the qualifying
student, which certificate of eligibility enables the qualifying student
to obtain a direct loan in the amount specified in the certificate.
17(2) The Minister may award a bursary to
a qualifying student who has obtained a direct loan.
17(3) Subject to subsection 22(2),
the Minister shall refuse to issue a certificate of eligibility to
a qualifying student if the qualifying student has a history of credit
abuse and shall inform the qualifying student if this is the basis
for refusing to issue the certificate.
17(4) If a qualifying student is qualified for enrolment or is enrolled
at a designated educational institution in a program of studies and
the Minister revokes the designation of the designated educational
institution or places the designated educational institution on probation,
the Minister may
(a) refuse to issue a certificate of eligibility to the
qualifying student, and
(b) refuse to award a bursary to the qualifying student.
17(5) If the Minister is satisfied that a qualifying student has knowingly
furnished false information in an application referred to in subsection
(1) or in any supporting documentation, the Minister may
(a) refuse to issue a certificate of eligibility to the
qualifying student, and
(b) refuse to award a bursary to the qualifying student.
17(6) A certificate of eligibility or bursary is no longer valid if
the qualifying student completes or withdraws from a program of studies
at a designated educational institution.
17(7) A certificate of eligibility or bursary may be issued in a written
or electronic format.
17(8) A certificate of eligibility shall include a statement to the
effect that, on signing the consent and certification portion of the
certificate of eligibility, the qualifying student authorizes the
designated educational institution attended by the qualifying student
to forward to the Minister any refund of fees, which have been paid
with the proceeds of a direct loan authorized by that certificate,
for credit against any direct loans of the qualifying student.
Reduction of student debt
18(1) On application by a person who has obtained a direct loan, the
Minister may make payments on the direct loan on behalf of the person
for the purpose of reducing the person’s debt on the direct
loan.
18(2) If the Minister is satisfied that a
person has knowingly furnished false information in an application
referred to in subsection (1) or in any supporting documentation,
the Minister may refuse to make payments under subsection (1).
Application
19 An application for a certificate of eligibility under subsection 17(1) or for a payment to reduce student
debt under section 18 shall
(a) be made in a form and manner acceptable to the
Minister,
(b) be filed with the Minister on or before a date fixed
by the Minister, and
(c) be accompanied by such documentation and information
as may be required by the Minister.
Amount determined by Minister
20(1) The Minister shall, in accordance with the policies and procedures
established by the Minister and subject to any maximums prescribed
by regulation, determine the amount to be specified in a certificate
of eligibility and the amount of a bursary to be awarded.
20(2) The Minister shall, in accordance with the policies and procedures
established by the Minister, determine the amount of a payment to
reduce student debt under section 18.
20(3) The Regulations Act does not apply to the policies and procedures
established by the Minister for the purposes of subsections (1) and
(2).
Other matters determined
by Minister
21(1) The Minister shall determine the time
and manner in which he or she provides financial assistance or makes
a payment under section 18.
21(2) The Minister shall determine the circumstances and conditions
under which money owing under a direct loan may be recovered, altered
or cancelled or become repayable.
21(3) The Minister shall, in accordance with the policies and procedures
established by the Minister, determine the conditions of eligibility
for payments made under section 18.
21(4) The Regulations Act does not apply to the determinations of the
Minister under subsections (1) and (2) or to the policies and procedures
established by the Minister for the purposes of subsection (3).
Reconsideration of application by Minister
22(1) A qualifying student who is refused a certificate of eligibility
on the basis that the qualifying student has a history of credit abuse
may request that his or her application be reconsidered by the Minister.
22(2) The Minister may, after reconsidering an application under subsection
(1), issue a certificate of eligibility under subsection 17(1) to a qualifying student who has
a history of credit abuse.
22(3) If the Minister refuses to make a payment under section 18, the person may request that his or
her application be reconsidered by the Minister.
22(4) The Minister may, after reconsidering an application under subsection
(3), make a payment under section 18.
Direct loan made to a minor
23 A direct loan made to a person who is a minor and interest on the
direct loan is recoverable by the Minister from the person as if the
person were not a minor at the time the direct loan was made.
Death or disability
24(1) All obligations of a person who has obtained a direct loan terminate
when the person dies.
24(2) All obligations of a person who has obtained a direct loan terminate
if the Minister is satisfied, on the basis of information required
by the Minister and provided to the Minister by or on behalf of the
person, that the person, by reason of the person’s permanent
disability, is or will be unable to repay the direct loan without
exceptional hardship, taking into account the person’s family
income.
REVIEW BOARD
Establishment of Review Board
25 There is established a Post-Secondary Student Financial Assistance
Review Board consisting of such persons as are appointed by the Lieutenant-Governor
in Council in accordance with the regulations.
Quorum
26 Four members of the Review Board, one of whom is the Chair, constitute
a quorum.
Remuneration and expenses
27(1) The Lieutenant-Governor in Council shall determine the remuneration
to be paid to the members of the Review Board.
27(2) Each member of the Review Board is entitled to be reimbursed
in accordance with the regulations for the travelling and living expenses
incurred by the member in the performance of his or her duties.
Review of application
28(1) A qualifying student may submit a request to the Minister that
the qualifying student’s application for a certificate of eligibility
under subsection 17(1) be reviewed
by the Review Board if the qualifying student has submitted an application
in accordance with section 19 and
claims that
(a) an error has been made in the application of any of
the policies and procedures established by the Minister for the purposes
of subsection 20(1), or
(b) extraordinary circumstances exist that were not addressed
in the assessment of the needs of the qualifying student.
28(2) The Minister shall refer a request under subsection (1) to the
Review Board who shall, in accordance with the regulations, review
the application for a certificate of eligibility under subsection 17(1).
28(3) The conclusions and recommendations of the majority of the members
of the Review Board who participate in a review are the conclusions
and recommendations of the Review Board but if there is no majority,
the conclusions and recommendations of the Chair are the conclusions
and recommendations of the Review Board.
28(4) The Review Board shall, in accordance with the regulations, transmit
to the Minister in writing its conclusions and recommendations.
28(5) The Minister is not bound by a conclusion or recommendation of
the Review Board.
28(6) The decision of the Minister under this section is final and
shall not be questioned or reviewed in any court.
GENERAL PROVISIONS AND REGULATIONS
Offences and penalties
29 A person who does any of the following commits an offence punishable
under Part II of the Provincial Offences
Procedure Act as a category E offence:
(a) knowingly furnishes false information in an application
for designation under section 2 or in any supporting documentation,
(b) violates or fails to comply with section 14, or
(c) violates or fails to comply with any provision of the
regulations.
Administration
30 The Minister is responsible for the administration of this Act and
may designate one or more persons to act on the Minister’s behalf.
Evidence
31(1) A document in writing purporting to be signed by the Minister
authorizing a person to act as the Minister’s designate for
the purposes of this Act or the regulations, or to do anything else
under this Act or the regulations, shall, without proof of the signature
or appointment of the Minister, be accepted by all courts in the Province
as conclusive proof of the authority stated in the written authorization.
31(2) The person in possession of a written authorization referred
to in subsection (1) shall, upon proof that that person’s name
is the same as the person named in the written authorization, be deemed
to be the person named in the written authorization.
Immunity
32 No action lies for damages or otherwise against any of the following
persons or entities in relation to anything done or purported to be
done in good faith, or in relation to anything omitted to be done
in good faith, under this Act or the regulations by the person or
entity:
(a) the Province;
(b) the Minister;
(c) an inspector;
(d) the Appeal Board;
(e) a member or former member of the Appeal Board;
(f) the Review Board; and
(g) a member or former member of the Review Board.
Regulations
33 The Lieutenant-Governor in Council may make regulations
(a) prescribing application fees for the designation of
educational institutions;
(b) respecting applications for the designation of educational
institutions;
(c) respecting appeals to the Appeal Board, including, without
limiting the generality of the foregoing,
(i) the grounds for appeal,
(ii) the procedures on appeal,
(iii) the effect of a decision of the
Minister pending the outcome of an appeal, and
(iv) the powers and authority of the Appeal
Board in relation to the appeal;
(d) respecting travelling and living expenses for which
members of the Appeal Board are entitled to be reimbursed;
(e) prescribing categories of qualifying students
eligible to receive financial assistance;
(f) respecting conditions of eligibility for financial assistance;
(g) respecting the determination of what constitutes
a history of credit abuse;
(h) prescribing the maximum amount that may be specified
by the Minister in a certificate of eligibility under section 17;
(i) prescribing the maximum amount of a bursary that may
be awarded by the Minister under section 17;
(j) respecting the appointment of members of the Review
Board and the terms of office of members of the Review Board;
(k) respecting travelling and living expenses for
which members of the Review Board are entitled to be reimbursed;
(l) respecting the procedure to be followed in a
review under section 28;
(m) respecting safeguards governing the disclosure of information
concerning applications for certificates of eligibility under subsection 17(1) and for payments to reduce student
debt under section 18;
(n) respecting forms for the purposes of this Act and the
regulations;
(o) defining any word or expression used in but not defined
in this Act for the purposes of this Act, the regulations or both;
(p) generally for the better administration of this
Act.
LOANS MADE UNDER THE YOUTH ASSISTANCE ACT
Definition of “loan”
34 In sections 35 to 44, “loan” means a debt obligation
incurred by a person on entering into an agreement with a lender under
the Youth Assistance Act and
which, on the commencement of this Act, was not repaid. (prêt provincial)
Validity of payments and guarantees
35 Any payments to reduce student debt on a loan, interest payments
or guarantees made by the Minister with respect to a loan after June
21, 2006, and before the commencement of this Act shall be deemed
to have been validly made and are confirmed and ratified.
Interest payments and guarantees
36 The Minister may pay the interest accruing on a loan and guarantee
the repayment of a loan or any portion of a loan.
Reduction of student debt
37(1) On application by a person who has obtained a loan, the Minister
may make payments on the loan on behalf of the person for the purpose
of reducing the person’s debt on the loan.
37(2) If the Minister is satisfied that a person has knowingly furnished
false information in an application referred to in subsection (1)
or in any supporting documentation, the Minister may refuse to make
payments under subsection (1).
Application
38 An application for a payment to reduce student debt under section 37 shall
(a) be made in a form and manner acceptable to the Minister,
(b) be filed with the Minister on or before a date
fixed by the Minister, and
(c) be accompanied by such documentation and information
as may be required by the Minister.
Amount determined by Minister
39 The Minister shall, in accordance with the policies and procedures
established by the Minister under section 20, determine the amount of a payment to reduce student debt
under section 37.
Other matters determined by Minister
40(1) The Minister shall determine the time and manner in which he
or she
(a) pays the interest accruing on a loan,
(b) guarantees the repayment of a loan or any portion of
a loan, and
(c) makes a payment under section 37.
40(2) The Minister shall, in accordance with the policies and procedures
established by the Minister, determine the conditions of eligibility
for payments made under section 37.
40(3) The Regulations Act does not apply to the determinations of the
Minister under subsection (1) or to the policies and procedures established
by the Minister for the purposes of subsection (2).
Reconsideration of application by Minister
41(1) If the Minister refuses to make a payment under section 37, the person may request that his or
her application be reconsidered by the Minister.
41(2) The Minister may, after reconsidering an application under subsection
(1), make a payment under section 37.
Loan made to a minor
42 A loan made to a person who is a minor, and interest on the loan,
other than interest payable under section 36, is recoverable by the lender from the person as if the
person were not a minor at the time the loan was made.
Subrogation of the Minister
43 If the Minister pays money under a guarantee, the Minister is subrogated
to the rights of the lender.
Regulations
44 The Lieutenant-Governor in Council may make regulations
(a) respecting conditions of eligibility for interest payments
on a loan and guarantees to repay a loan or any portion of a loan
under section 36;
(b) respecting interest that the Minister may pay in respect
of a loan;
(c) respecting the circumstances under which and the maximum
amounts for which the Minister may guarantee a loan or any portion
of a loan.
PRIOR AGREEMENTS
Agreements
45(1) Any agreement entered into by the Minister of Education with
a service provider after July 19, 2000, and before March 2, 2004,
with respect to loans made by a service provider to a qualifying student
after July 31, 2000, and before May 1, 2005, and any guarantee made
by the Minister Education with respect to those loans shall be deemed
to have been validly entered into or made, as the case may be, and
are confirmed and ratified.
45(2) The transfer of the interest of a service provider in a loan
referred to in subsection (1) to the Minister of Education shall be
deemed to have been validly done and is confirmed and ratified.
45(3) Any agreement entered into by the Minister of Education with
a qualifying student with respect to a loan made by the Minister of
Education to the qualifying student after April 30, 2005, and before
June 22, 2006, shall be deemed to have been validly entered into and
is confirmed and ratified.
45(4) Any act or thing done after April 30, 2005, and before June 22,
2006, by the Minister of Education with respect to loans referred
to in subsections (1) and (3) to reduce student debt or to recover
money owing under a loan made to a minor shall be deemed to have been
validly done and is confirmed and ratified.
45(5) No action, application or any other proceeding to question or
in which is questioned the validity of the agreements and guarantees
referred to in subsections (1) and (3) or the authority of the Minister
of Education to enter into such agreements or to guarantee the repayment
of a loan or any portion of a loan referred to in subsection (1),
shall lie or be instituted against the Crown in right of the Province
or
(a) the Minister of Education, or
(b) any person appointed, assigned, designated or requested
to assist the Minister of Education with respect to such agreements
and guarantees,
if the Minister of Education or person
acted in good faith in entering into the agreement or guaranteeing
the repayment of the loan or any portion of the loan referred to in
subsection (1).
45(6) The transfer of the interest of the Minister of Education in
a loan referred to in subsection (1) and (3) to the Minister shall
be deemed to have been validly done and is confirmed and ratified.
45(7) Any agreement entered into by the Minister with a qualifying
student with respect to a loan made by the Minister to a qualifying
student after June 21, 2006, and before the commencement of this
Act shall be deemed to have been validly entered into and is confirmed
and ratified.
45(8) Any act or thing done after June 21, 2006, and before the commencement
of this Act by the Minister with respect to loans referred to in subsections
(1), (3) and (7) shall be deemed to have been validly done and is
confirmed and ratified.
45(9) No action, application or any other proceeding to question or
in which is questioned the validity of the agreements referred to
in subsections (1), (3) and (7) or the authority of the Minister to
enter into such agreements or to guarantee the repayment of a loan
or any portion of a loan referred to in subsection (1), shall lie
or be instituted against the Crown in right of the Province or
(a) the Minister, or
(b) any person appointed, assigned, designated or requested
to assist the Minister with respect to such agreements and guarantees,
if the Minister or person acted in good
faith in entering into the agreement or guaranteeing the repayment
of the loan or any portion of the loan referred to in subsection (1).
Application of other provisions in this
Act
46 Sections 18, 19, 20, 21, 22, 23, 24 and 28 apply with the necessary modifications to loans referred
to in section 45.
FEDERAL LOANS
Definition of “federal loan”
47 In sections 48 to 52, “federal loan” means a
loan obtained under the Canada Student
Loan Act (Canada) or the Canada
Student Financial Assistance Act (Canada) and which, on the
commencement of this Act, was not repaid.
Reduction of student debt
48(1) On application by a person who has obtained a federal loan, the
Minister may make payments on the federal loan on behalf of the person
for the purpose of reducing the person’s debt on the federal
loan.
48(2) If the Minister is satisfied that a
person has knowingly furnished false information in an application
referred to in subsection (1) or in any supporting documentation,
the Minister may refuse to make payments under subsection (1).
Application
49 An application for a payment to reduce student debt under section 48 shall
(a) be made in a form and manner acceptable to the Minister,
(b) be filed with the Minister on or before a date
fixed by the Minister, and
(c) be accompanied by such documentation and information
as may be required by the Minister.
Amount determined by Minister
50 The Minister shall, in accordance with the policies and procedures
established by the Minister under section 20, determine the amount of a payment to reduce student debt
under section 48.
Other matters determined by Minister
51(1) The Minister shall determine the time and manner in which he
or she makes a payment under section 48.
51(2) The Minister shall, in accordance with
the policies and procedures established by the Minister, determine
the conditions of eligibility for payments made under section 48.
51(3) The Regulations Act does
not apply to the determination of the Minister under subsection (1)
or to the policies and procedures established by the Minister for
the purposes of subsection (2).
Reconsideration of application by Minister
52(1) If the Minister refuses to make a payment under section 48, the person may request that his or
her application be reconsidered by the Minister.
52(2) The Minister may, after reconsidering an application under subsection
(1), make a payment under section 48.
TRANSITIONAL PROVISIONS, CONSEQUENTIAL
AMENDMENTS, REPEAL AND COMMENCEMENT
Advisory Board and Student Assistance Review
Board
53(1) The Advisory Board and the Student Assistance
Review Board established under the Youth Assistance Act are abolished
on the commencement of this Act.
53(2) All appointments or designations of persons
as Chairpersons or as members of the Advisory Board and the Student
Assistance Review Board are revoked.
53(3) All contracts, agreements and orders relating
to allowances, fees, salaries, expenses, compensation and remuneration
to be paid to the Chairpersons or members of the Advisory Board and
the Student Assistance Review Board are null and void.
53(4) Notwithstanding the provisions of any contract,
agreement or order, no allowance, fee, salary, expenses, compensation
or remuneration shall be paid to the Chairpersons or members of the
Advisory Board or the Student Assistance Review Board.
53(5) No action, application or other proceeding
lies or shall be instituted against the Minister or the Crown in right
of the Province as a result of the abolition of the Advisory Board
or the Student Assistance Review Board or the revocation of the appointments
or designations under subsection (2).
53(6) Any conclusion or recommendation of the
Advisory Board or the Student Assistance Review Board that is valid
and of full force and effect immediately before the commencement of
this Act continues to be valid and of full force and effect and shall
be deemed to be a conclusion or recommendation of the Post-Secondary
Student Financial Assistance Review Board.
53(7) The Post-Secondary Student Financial Assistance
Review Board shall deal with a review that was before the Student
Assistance Review Board if the review was not completed by the Student
Assistance Review Board before the commencement of this Act.
53(8) For the purpose of dealing with a review
under subsection (7), the Chair of the Post-Secondary Student Financial
Assistance Review Board may authorize the Post-Secondary Student Financial
Assistance Review Board to commence again or complete a review that
was before the Student Assistance Review Board.
53(9) Notwithstanding subsections (1), (2), (6)
and (7), the Chair of the Post-Secondary Student Financial Assistance
Review Board may authorize the Student Assistance Review Board to
complete any reviews commenced by the Student Assistance Review Board
before the commencement of this Act.
53(10) Any review completed under subsection (9)
shall be completed in accordance with the law as it existed immediately
before the commencement of this Act and as if the Student Assistance
Review Board had not been abolished.
53(11) Any conclusion or recommendation of the
Student Assistance Review Board made in accordance with subsection
(9) shall be deemed to be the conclusion or recommendation of the
Post-Secondary Student Financial Assistance Review Board.
53(12) Notwithstanding subsections (1) and (2),
if the Student Assistance Review Board completes a review under subsection
(9), the members of the Student Assistance Review Board shall be compensated
for completing the review in accordance with the law as it existed
immediately before the commencement of this Act and as if the Student
Assistance Review Board had not been abolished.
53(13) Where in any Act, other than this Act,
or in any regulation, rule, order, by-law, agreement or other instrument
or document, reference is made to the Student Assistance Review Board,
it shall be read, unless the context otherwise requires, as a reference
to the Post-Secondary Student Financial Assistance Review Board.
References in agreements or other
instruments or documents
54(1) Any reference to “specified educational
institution” in any agreement or other instrument or document
that pertains to the designation of educational institutions and that
was valid and of full force and effect immediately before the commencement
of this Act shall be deemed to be a reference to “designated
educational institution”.
54(2) Any reference to “étudiant possédant
les qualités requises” in the French version of any agreement
or other instrument or document that pertains to a loan made under
the Youth Assistance Act or a loan referred to in section 45 and
that was valid and of full force and effect immediately before the
commencement of this Act shall be deemed to be a reference to “étudiant
admissible”.
Amendments to the Youth Assistance Act
55(1) Section 1 of the Youth Assistance Act,
chapter Y-2 of the Acts of New Brunswick, 1984, is repealed.
55(2) Section 2 of the Act is repealed.
55(3) Section 3 of the Act is repealed.
55(4) Section 4 of the Act is repealed.
55(5) Section 4.1 of the Act is repealed.
55(6) Section 4.2 of the Act is repealed.
55(7) Section 5 of the Act is repealed.
55(8) Section 5.1 of the Act is repealed.
55(9) Section 5.2 of the Act is repealed.
55(10) Section 5.3 of the Act is repealed.
55(11) Section 5.4 of the Act is repealed.
55(12) Section 5.5 of the Act is repealed.
55(13) Section 6 of the Act is repealed.
55(14) Section 7 of the Act is repealed.
55(15) Section 8 of the Act is repealed.
55(16) Section 8.1 of the Act is repealed.
55(17) Section 8.3 of the Act is repealed.
55(18) Section 8.4 of the Act is repealed.
55(19) Section 8.5 of the Act is repealed.
55(20) Section 8.6 of the Act is repealed.
55(21) Section 9 of the Act is repealed.
55(22) Section 9.1 of the Act is repealed.
Repeal
56 New Brunswick Regulation 87-18 under the
Youth Assistance Act is repealed.
Commencement
57 This Act or any provision of it comes into
force on a day or days to be fixed by proclamation.