Acts and Regulations

P-9.315 - Post-Secondary Student Financial Assistance Act

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Full text
Current to 1 January 2024
CHAPTER P-9.315
Post-Secondary Student
Financial Assistance Act
Assented to June 26, 2007
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
INTERPRETATION
Definitions
1The following definitions apply in this Act.
“Appeal Board” means the Designation Appeal Board established under section 4.(Comité d’appel)
“designated educational institution” means(établissement d’enseignement agréé)
(a) for the purposes of financial assistance other than a tuition bursary, 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, or
(b) for the purposes of a tuition bursary, an educational institution within New Brunswick that offers courses at a post-secondary level, is designated by the Minister under section 2 as a designated educational institution and is prescribed by regulation.
“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 the Crown 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,
(b) a bursary awarded by the Minister to a qualifying student under paragraph 17(1)(b); or
(c) a tuition bursary awarded by the Minister to a qualifying student under paragraph 17(1)(c).
“financial assistance program” means a program respecting direct loans, bursaries awarded by the Minister under paragraphs 17(1)(b) and (c) 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 financial assistance is requested.
“Review Board” Repealed: 2016, c.28, s.105
“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).
2016, c.28, s.105; 2016, c.35, s.1; 2017, c.63, s.46; 2019, c.2, s.109; 2019, c.12, s.30; 2023, c.17, s.201
DESIGNATION OF EDUCATIONAL INSTITUTIONS
2019, c.12, s.30
Designation of educational institutions
2019, c.12, s.30
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, chapter Y-2 of the Acts of New Brunswick, 1984, that is valid and of full effect immediately before January 1, 2008, 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).
2019, c.12, s.30
Agreement by Minister with designated educational institution
3The 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.
2019, c.12, s.30
APPEAL BOARD
Establishment of Appeal Board
4There is established an appeal board to be known as the Designation Appeal Board.
2019, c.12, s.30
Composition of Appeal Board
5The Lieutenant-Governor in Council may appoint a maximum of 11 members to the Appeal Board.
Chair
6The 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
8Three 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
11The 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 Treasury Board, 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 Treasury Board, 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.
2016, c.37, s.143
Agreements or arrangements respecting financial assistance programs
16The 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 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.
2019, c.12, s.30
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
(a) 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,
(b) award a bursary other than a tuition bursary, or
(c) award a tuition bursary.
17(2)Repealed: 2016, c.35, s.2
17(3)The Minister shall refuse to issue a certificate of eligibility or award a bursary under paragraph (1)(c) to a qualifying student if the qualifying student has a history of credit abuse and shall inform the qualifying student that this is the basis for refusing to issue the certificate of eligibility or award the bursary.
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 under paragraph (1)(b) or (c) 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 under paragraph (1)(b) or (c) to the qualifying student.
17(6)A certificate of eligibility or bursary under paragraph (1)(b) or (c) 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 under paragraph (1)(b) or (c) 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.
2016, c.28, s.106; 2016, c.35, s.2; 2019, c.12, s.30
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
19An application under subsection 17(1) or 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.
2016, c.35, s.3
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
(a) the amount to be specified in a certificate of eligibility, and
(b) the amount of a bursary to be awarded under paragraph 17(1)(b) or (c).
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).
2016, c.35, s.4
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
Repealed: 2016, c.28, s.107
2016, c.28, s.107
22Repealed: 2016, c.28, s.108
2016, c.28, s.108
Direct loan made to a minor
23A 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
Repealed: 2016, c.28, s.109
2016, c.28, s.109
Establishment of Review Board
Repealed: 2016, c.28, s.110
2016, c.28, s.110
25Repealed: 2016, c.28, s.111
2016, c.28, s.111
Quorum
Repealed: 2016, c.28, s.112
2016, c.28, s.112
26Repealed: 2016, c.28, s.113
2016, c.28, s.113
Remuneration and expenses
Repealed: 2016, c.28, s.114
2016, c.28, s.114
27Repealed: 2016, c.28, s.115
2016, c.28, s.115
Review of application
2016, c.28, s.116
28(1)A qualifying student who has submitted an application in accordance with section 19 may request that his or her application under subsection 17(1) be reviewed by the Minister if
(a) the Minister refuses to issue a certificate of eligibility to the qualifying student,
(a.1) the Minister refuses to award a tuition bursary to the qualifying student, or
(b) the qualifying student did not receive the maximum allowable amount of financial assistance.
28(2)A request for a review shall
(a) be submitted to the Minister before the end of the academic year or term for which the financial assistance is requested,
(b) set out in detail the qualifying student’s reasons for requesting the review, and
(c) include any supporting documentation and other pertinent information.
28(3)The Minister shall review the request for review and shall notify the qualifying student in writing of the results of the review.
2016, c.28, s.117; 2016, c.35, s.5
GENERAL PROVISIONS AND REGULATIONS
Offences and penalties
29A 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.
2019, c.12, s.30
Administration
30The 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
32No 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; and
(e) a member or former member of the Appeal Board.
(f) Repealed: 2016, c.28, s.118
(g) Repealed: 2016, c.28, s.118
2016, c.28, s.118
Regulations
33(1)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 paragraph 17(1)(b) or (c);
(i.1) prescribing the maximum number of years the Minister may award a tuition bursary under paragraph 17(1)(c);
(i.2) authorizing the Minister to determine the programs of study for which a qualifying student may be qualified for enrolment, or may be enrolled, in order to be eligible for a tuition bursary;
(i.3) prescribing the designated educational institutions at which a qualifying student may be qualified for enrolment, or may be enrolled, in order to be eligible for a tuition bursary;
(j) Repealed: 2016, c.28, s.119
(k) Repealed: 2016, c.28, s.119
(l) Repealed: 2016, c.28, s.119
(m) respecting safeguards governing the disclosure of information concerning applications under subsection 17(1) and 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.
33(2)A regulation made under paragraphs (1)(f), (i), (i.1), (i.2), (i.3) and (m) may be retroactive in its operation to May 1, 2016, or to any date after May 1, 2016.
2016, c.28, s.119; 2016, c.35, s.6; 2019, c.12, s.30
LOANS MADE UNDER THE YOUTH ASSISTANCE ACT
Definition of “loan”
34In 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
35Any 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
36The 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
38An 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
39The 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
42A 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
43If the Minister pays money under a guarantee, the Minister is subrogated to the rights of the lender.
Regulations
44The 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
46Sections 18, 19, 20, 21, 23, 24 and 28 apply with the necessary modifications to loans referred to in section 45.
2016, c.28, s.120
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
49An 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
50The 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
56New Brunswick Regulation 87-18 under the Youth Assistance Act is repealed.
Commencement
57This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act was proclaimed and came into force January 1, 2008.
N.B. This Act is consolidated to June 16, 2023.