Acts and Regulations

2007-78 - General

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NEW BRUNSWICK
REGULATION 2007-78
under the
Post-Secondary Student Financial Assistance Act
(O.C. 2007-491)
Filed December 17, 2007
Under sections 33 and 44 of the Post-Secondary Student Financial Assistance Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Post-Secondary Student Financial Assistance Act.
Definitions for the purposes of this Regulation
2The following definitions apply in this Regulation.
“academic year” means a period of study of not less than 12 consecutive weeks’ duration and not more than 52 consecutive weeks’ duration. (année scolaire)
“applicant” means a person who applies for financial assistance or for a loan under the Canada Student Financial Assistance Act (Canada), as the case may be. (demandeur)
“common-law partnership” means the relationship between two persons who are common-law partners of each other. (union de fait)
“term” means a period of study of not less than 12 consecutive weeks’ duration and not more than 26 consecutive weeks’ duration. (période de cours)
Definitions for the purposes of the Act and this Regulation
3The following definitions apply in the Act and this Regulation.
“certificate of eligibility” means a certificate of eligibility issued by the Minister to a qualifying student under section 17 of the Act. (certificat d’admissibilité)
“common-law partner” means a person who cohabits in a conjugal relationship with another person if the persons are not married to each other. (conjoint de fait)
“dependent student” means a student who is not an independent student. (étudiant à charge)
“history of credit abuse” means, in respect of an applicant, the disclosure on a credit bureau report on such applicant, of the existence of one or more of the following events at any time within the 3 year period preceding the date of such credit bureau report:(mauvais antécédents de crédit)
(a) in connection with the indebtedness of the applicant, whether alone or jointly with one or more other borrowers,
(i) any indebtedness that has been written off by a financial institution,
(ii) a loan where a financial institution has repossessed collateral pledged to a financial institution as security,
(iii) a loan or debt that has been referred to a collection agency for recovery, or
(iv) any indebtedness that has been the object of a successful civil action commenced by a financial institution against the applicant, whether alone or jointly with one or more other borrowers;
(b) a minimum of 3 instances where instalment or revolving credit accounts were more than 3 months overdue; and
(c) the applicant
(i) having filed a notice of intention in accordance with section 50.4 of the Bankruptcy and Insolvency Act (Canada),
(ii) having filed a proposal in accordance with section 62 of the Bankruptcy and Insolvency Act (Canada) or made any proposal for a composition, for an extension of time or for a scheme or arrangement, or
(iii) having had the status of a bankrupt.
“independent student” means a student who, before the first day of the academic year or term for which a certificate of eligibility is requested,(étudiant indépendant)
(a) is married,
(b) is in a common-law partnership,
(c) is divorced or separated,
(d) is a widow or a widower,
(e) is a single parent with custody of one or more children,
(f) is a child in care as defined in the Family Services Act,
(g) has no parent, guardian, sponsor or other supporting relative,
(h) has been out of secondary school for a period of not less than 48 months, or
(i) has been employed or been available for employment, or a combination of both, for a minimum of 2 periods of 12 consecutive months while not enrolled full-time in secondary or post-secondary study.
“normal full-time course load” means the number of courses in a program of studies that a designated educational institution requires a qualifying student to take in any year in order to obtain a certificate, diploma or degree in a minimum length of time. (contenu d’un programme régulier à temps plein)
“program of studies” means a program of post-secondary courses or subjects of not less than 12 consecutive weeks’ duration. (programme d’études)
DESIGNATION OF EDUCATIONAL INSTITUTIONS
Application for designation
4An educational institution may apply for designation by submitting an application to the Minister, on a form provided by the Minister, and the application shall be accompanied by the information required in the form and the fee set out in section 5.
Fee
5The fee for an application for a designation is $500.
APPEAL BOARD
Notice of appeal
6An educational institution may, within 15 days after receiving the written decision of the Minister, appeal a decision of the Minister by serving a notice of appeal and the reasons for the appeal on the Minister by registered mail or by personal service.
Appeal referred to Appeal Board
7On receipt of the notice of an appeal under section 6, the Minister shall refer the matter, as soon as is practicable, to the Appeal Board.
Notice of hearing
8(1)The Minister shall set the date for the hearing of the appeal.
8(2)The Minister shall serve notice of the hearing on the educational institution at least 10 days before the date set for the hearing.
8(3)A notice of hearing shall
(a) indicate the date, time and place of the hearing, and
(b) contain a statement that, if an educational institution who has been duly notified does not attend the hearing, the Appeal Board may proceed in the absence of the educational institution and the educational institution is not entitled to notice of any further proceedings.
8(4)If the educational institution has been notified of a hearing and does not attend, the Appeal Board may proceed in the absence of the educational institution and the educational institution is not entitled to notice of any further proceedings.
Minister is party to appeal
9The Minister is a party to the appeal and is responsible to present a case in support of any decision made by the Minister.
Presentation of information
10The educational institution or a representative of the educational institution may present oral or written information to the Appeal Board at the time of the appeal.
Conclusions and recommendations of Appeal Board
11(1)The Appeal Board shall transmit to the Minister in writing its conclusions and recommendations within 10 days after hearing the appeal.
11(2)Within 10 days after the receipt of the conclusions and recommendations of the Appeal Board, the Minister shall notify the educational institution of the results of the appeal in writing.
Practice and procedure of Appeal Board
12The Appeal Board may, subject to this Regulation, determine its own practice and procedure with respect to a hearing and may, in its discretion, adjourn a hearing from time to time.
Appeal not a stay of the Minister’s decision
13The initiation of an appeal shall not operate as a stay of the decision being appealed from and the decision being appealed from has the same force and effect as it would have had if no appeal had been initiated.
Reimbursement of expenses
14Each member of the Appeal Board is entitled to be reimbursed for travelling and living expenses incurred by the member in the performance of his or her duties in accordance with the Travel Directive of the Board of Management.
FINANCIAL ASSISTANCE
Residency
15(1)For the purposes of the definition “qualifying student” in section 1 of the Act, a person is a resident of New Brunswick
(a) in the case of a dependent student,
(i) if the student’s parents have resided in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which a certificate of eligibility is requested,
(ii) if one of the student’s parents works in another province or territory of Canada and the family home has been maintained in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which a certificate of eligibility is requested,
(iii) if the student’s parents reside outside Canada and New Brunswick was the last province in which they resided for a period of at least 12 consecutive months immediately before leaving Canada,
(iv) if the student’s parents resided in New Brunswick for a period of at least 12 consecutive months immediately before leaving New Brunswick and the student remained in New Brunswick to begin or continue a program of studies,
(v) if the student’s parents are divorced or separated and the parent with whom the student normally lives has resided in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which a certificate of eligibility is requested, or
(vi) if the student’s parents are divorced or separated, the student lives with neither parent and the parent who provides the principal financial support to the student has resided in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which a certificate of eligibility is requested, or
(b) in the case of an independent student,
(i) if the student has resided in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which a certificate of eligibility is requested,
(ii) if the student’s spouse or common-law partner has resided in New Brunswick for a period of at least 12 consecutive months immediately before the first day of the academic year or term for which a certificate of eligibility is requested, or
(iii) if the student and the student’s spouse or common-law partner are enrolled at a designated educational institution in New Brunswick and New Brunswick is the last province in which the student or the student’s spouse or common-law partner was a resident in accordance with subparagraph (i) or (ii).
15(2)Time spent by a person or the person’s spouse or common-law partner in attendance at a designated educational institution in New Brunswick does not constitute fulfilment of the residence requirements under paragraph (1)(b).
Categories of qualifying students
16The categories of qualifying students eligible to receive financial assistance are dependent students and independent students.
Conditions of eligibility
17As a condition of eligibility for financial assistance, an applicant shall
(a) establish that the applicant is a qualifying student,
(b) establish that the applicant is in need of financial assistance,
(c) authorize the exchange of information related to his or her application for financial assistance between the Minister, a department of the Province, the government of a province or territory of Canada, the Government of Canada, the government of a foreign country, the service provider, a designated educational institution and any other person for the purposes of carrying out their powers and duties in accordance with, and for the purposes of the administration and enforcement of the Act and this Regulation,
(d) authorize the Minister to disclose the applicant’s social insurance number to the Canada Revenue Agency for the purposes of recovering money owing under a direct loan, a loan made by a lender under the Youth Assistance Act or a loan referred to in section 45 of the Act,
(e) submit a signed declaration accepting the conditions of financial assistance where it is provided and attesting to the accuracy of the information provided,
(f) submit, on or before a date fixed by the Minister, a confirmation of earnings form provided by the Minister along with supporting proof of earnings,
(g) submit, on or before a date fixed by the Minister, a confirmation of enrolment form provided by the Minister and certified by the designated educational institution at which the applicant is enrolled confirming that he or she is enrolled in a program of studies as a full-time student taking not less than 60% of a normal full-time course load,
(h) before obtaining a bursary under section 17 of the Act, have first obtained the maximum amount that may be specified by the Minister in a certificate of eligibility,
(i) not be in default
(i) on a previous loan under the Canada Student Loans Act (Canada) or the Canada Student Financial Assistance Act (Canada),
(ii) on a previous loan made by a lender under the Youth Assistance Act, or
(iii) on a previous loan referred to in section 45 of the Act,
(j) not have failed to successfully complete more than 2 previous academic years during which the applicant received a loan made by a lender under the Youth Assistance Act, a loan referred to in section 45 of the Act or financial assistance, and
(k) not have been provided a loan made by a lender under the Youth Assistance Act, a loan referred to in section 45 of the Act or financial assistance in excess of one academic year beyond the normal period required to obtain a certificate, diploma or degree, as the case may be.
Condition of continuing eligibility
18As a condition of continuing eligibility, a qualifying student who receives financial assistance shall immediately advise the Minister of any change in the qualifying student’s financial circumstances.
Loans under the Canada Student Financial Assistance Act (Canada)
19An applicant who applies for financial assistance and a loan under the Canada Student Financial Assistance Act (Canada) shall submit to the Minister an authorization signed by the applicant, and where applicable, the applicant’s parents, guardian, spouse or common-law partner, allowing the verification of income tax information through the Canada Revenue Agency.
Maximum amount specified by Minister in certificate of eligibility
20The maximum amount that may be specified by the Minister in a certificate of eligibility is $140 per week of study during an academic year or term.
Maximum amount of bursary
21The maximum amount of a bursary that may be awarded by the Minister is $90 per week of study during an academic year or term.
Interest payments and guarantees
22(1)The Minister, in respect of a loan made by a lender to a person under the Youth Assistance Act, may pay the interest accruing on the loan on and after the first day of the seventh month following the completion of, or withdrawal from, the program of studies by the person, where an application under the New Brunswick Interest Relief program has been approved.
22(2)The Minister may guarantee the repayment of a loan or any portion of a loan made by a lender to a person under the Youth Assistance Act where the person does not otherwise meet the borrowing criteria of the lender.
REVIEW BOARD
Composition of Review Board
23For the purposes of section 25 of the Act, the Lieutenant-Governor in Council shall appoint to the Review Board
(a) a person employed in the Department of Post-Secondary Education, Training and Labour who shall serve as Chair,
(b) a representative from a New Brunswick university,
(c) a representative from
(i) the New Brunswick Community College, or
(ii) a New Brunswick post-secondary educational institution other than a New Brunswick university or the New Brunswick Community College,
(d) a student representative from
(i) a New Brunswick university,
(ii) the New Brunswick Community College, or
(iii) a New Brunswick post-secondary educational institution other than a New Brunswick university or the New Brunswick Community College,
(e) a chartered accountant, a certified general accountant or a loans specialist from a financial institution, and
(f) a representative from the public at large.
Term of office and revocation of appointments
24(1)All members of the Review Board shall be appointed for a term not exceeding 3 years and are eligible for reappointment.
24(2)Any appointment to the Review Board may be revoked by the Lieutenant-Governor in Council for cause.
24(3)Notwithstanding subsection (1) and subject to subsection (2), a member of the Review Board shall remain in office until the member resigns or is reappointed or replaced.
Hearing
25The Review Board shall meet, at such times as may be necessary, in person, or by telephone conference call or any other available means of communication, for the purpose of reviewing applications referred to it under section 28 of the Act.
Request for review
26A request for a review of an application for a certificate of eligibility shall:
(a) be submitted within 30 days after receipt of the written decision of the Minister;
(b) set out in detail the qualifying student’s reasons for requesting the review; and
(c) include any supporting documentation and other pertinent information.
Date of review
27(1)The Review Board shall set a date for the review which shall not be later than 10 days after the date the matter was referred to the Review Board.
27(2)The Review Board shall notify the qualifying student of the date, time and place of the review.
Minister is party to review
28The Minister is a party to the review and is responsible to present a case in support of any decision made by the Minister.
Presentation of information
29The qualifying student or a representative of the qualifying student may present oral or written information to the Review Board at the time of the review.
Conclusions and recommendations of Review Board
30(1)The Review Board shall consider any information that it considers relevant and make its conclusions and recommendations on the merits of the application.
30(2)The Review Board shall transmit to the Minister in writing its conclusions and recommendations within 10 days after the meeting of the Review Board.
30(3)Within 10 days after the receipt of the conclusions and recommendations of the Review Board, the Minister shall notify the qualifying student of the results of the review in writing.
Reimbursement of expenses
31Each member of the Review Board is entitled to be reimbursed for travelling and living expenses incurred by the member in the performance of his or her duties in accordance with the Travel Directive of the Board of Management.
COMMENCEMENT
Commencement
32This Regulation comes into force on January 1, 2008.
N.B. This Regulation is consolidated to December 17, 2007.