Newfoundland and Labrador Gazette, Part II — 8 April 2004, Vol. 79, No. 15 — Regulations NLR 28/04, NLR 29/04, NLR 30/04

NLG 2004-04-08

Newfoundland and Labrador — Gazette

243 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 79 ST. JOHN’S, THURSDAY, APRIL 8, 2004 No. 15 LANDS ACT NOTICE OF INTENT LANDS ACT,

Chapter 36, S.N. 1991 Notice is hereby given that Robert James of Grand-Le- Pierre intends to apply to th e Department of Environment and Conservation, two months from the publication of this Notice, to acquire title, pursuant to

Section 7(2)(

e) of the said Act, to that piece of Crown Land situated within fifteen (15) metres of the waters of Fortune Bay in the Electoral District of Bellevue for the purpose of constructing a wharf and slipway and being more particularly described as follows: Bounded on the North by West Foothills for a distance of 30 m; Bounded on the East by Iron Rock Brook for a distance of 30 m; Bounded on the South by Fortune Bay for a distance of 30 m; Bounded on the West by Western Point Foothills for a distance of 30 m; and containing an area of approximately 900 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the publication of this notice, with reasons for it, to the Minister of Environment and Conservation, c/o the nearest Regional Lands Office. For further information regarding the proposed application, please contact Robert Ja mes, P.O. Box 107, Grand-Le-Pierre, NL, A0 E 1Y0, Telephone (709) 662- 2066. April 8 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NO. 309, 2004 Take notice that the St.

John’s Development Regulations Amendment No. 309, 2004, adopted on the 22nd day of March, 2004 has been registered by the Minister of Municipal and Provincial Affairs. In general terms the purpose of St. John’s Development Regulations Amendment No. 309, 2004, is to make provision for a minimum st andard of landscaping of the front yard of single detached dwellings in several residential zones. The St. John’s Developmen t Regulations Amendment No. 309, 2004 comes into effect on the day this notice is published in The Newfoundland and Labrador Gazette . Anyone who wishes to inspect a copy of St.

John’s Development Regulations Amendment No. 309, 2004 may do so at the City of St. John’ s Department of Planning, 3 rd Floor, City Hall during regular business hours (Monday through Friday, 9:00 a.m. to 4:30 p.m.) CITY OF ST. JOHN’S Planning Department April 8 NOTE: Attached to the end of

Part II is a list of Statutes of Newfoundland and Labrador, 2004 as enacted up to March 29, 2004.

THE NEWFOUNDLAND AND LABRADOR April 8, 2004 244 NOTICE OF REGISTRATION TOWN OF PORT BLANDFORD MUNICIPAL PLAN AMENDMENT NO. 1, 2004 AND DEVELOPMENT REGULATIONS AMENDMENT NO. 1, 2004 Take notice that the Town of Port Blandford Municipal Plan Amendment No. 1, 2004 and Development Regulations Amendment No . 1, 2004 adopted on the 2 nd day of February, 2004 and approved on the 23 rd day of March, 2004 have been registered by the Minister of Municipal and Provnicial Affairs.

In general terms, the purpose of the Municipal Plan Amendment No. 1 is to allow Terra Nova Resort (Sports Villas Incorporated) to construct a residential subdivision off the main entrance to the Lodge, and develop a recreational vehicle campground and cottage development off the main entrance and toward the T’Railway and the Trans Canada Highway. The purpose of the Development Regulations amendment is to implement the Municipal Plan Amendment.

The Port Blandford Municipal Plan Amendment No. 1, 2004 and Development Regu lations Amendment No. 1, 2004 come into affect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the Port Blandford Municipal Plan Amendment No. 1, 2004 and Development Regulations Amendment No. 1, 2004 may do so at the Town Office, Port Blandford during normal working hours. TOWN OF PORT BLANDFORD Town Clerk April 8 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of Gerald White, late of Carbonear, in the Province of Newfoundland and Labrador, deceased.

All persons claiming to be creditors of or who have any claims or demands either as beneficiaries or next of kin, (by blood, legal adoption or marriage) upon or affecting the Estate of the late Gerald White, the aforesaid deceased who died at Carbonear, in the Province of Newfoundland and Labrador, aforesaid on or about the 23 rd day of January, 2004, are hereby requested to send particulars thereof in writing, duly attested to the undersigned Solicitor for the Executor of the Estate on or before the 30 th day of April, 2004, after which date the Executor will proceed to distribute the said Estate having regard only to the claims which she shall then have had notice.

DATED at Carbonear, in the Province of Newfoundland and Labrador, this 2nd day of April, 2004. BABB LAW OFFICE Solicitor for the Executor of the Estate of Gerald White, deceased. PER: John M. Babb Address for Service: P. O. Box 400 Carbonear, NL A1Y 1B8 April 8 CHANGE OF NAME ACT NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Acti, by me:- PATRICIA NAOMI (GOODMAN) BEAUDOIN Of P.O.

Box 257, Port Saunders, A0K 4H0, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from LEILA JOANNE GOODMAN to LEILA JOANNE BEAUDOIN DATED this 24th day of March, 2004 PATRICIA BEAUDOIN (Signature of Applicant) April 8 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Acti, by me:- ROSS DOUGLAS BAGGS Of 39 Municipal Square, Clar enville, A5A 1T4, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from ADRIAN JORDAN CRITCH to ADRIAN JORDAN BAGGS C-8 RSN 1990

THE NEWFOUNDLAND AND LABRADOR April 8, 2004 245 ALEXANDER DOUGLAS CRITCH to ALEXANDER DOUGLAS BAGGS DATED this 29th day of March, 2004 ROSS BAGGS (Signature of Applicant) April 8 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Acti, by me:- DAVID BRADLEY BUTT Of 16 Carlisle Drive, Paradise, in the Province of Newfoundland and Labrador, as follows: To change my name from DAVID BRADLEY BUTT to DAVID BRADLEY ROBERTS DATED this 30th day of March, 2004 DAVID BUTT (Signature of Applicant) April 8 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Acti, by me:- AMANDA DAWE Of 73 Pocket Rd.

Conception Bay South, A1W 5A7, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried children’s name from AMY VIOLET WHITE to AMY VIOLET DAWE MEAGHAN NICHOLE WHITE to MEAGHAN NICHOLE DAWE DATED this 24th day of March, 2004 AMANDA DAWE (Signature of Applicant) April 8 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Gove rnment Services for a change of name, pursuant to the provisions of the Change of Name Acti, by me:- COLLEEN HANN Of 14 Branscombe St., St.

John’s, in the Province of Newfoundland and Labrador, as follows: To change my minor unmarried child’s name from MICHAEL DAVID FISHER to MICHAEL DAVID NEWMAN DATED this 24th day of March, 2004 COLLEEN HANN (Signature of Applicant) April 8

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDIANTE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 79 ST. JOHN’S, THURSDAY, APRIL 8, 2004 No. 15 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 28/04 NLR 29/04 NLR 30/04

The Newfoundland and Labrador Gazette April 8, 2004 117 NEWFOUNDLAND AND LABRADOR REGULATION 28/04 Rules of the Supreme Court, 1986 (Amendment) under the Judicature Act (O.C. 2004-176) (Filed April 5, 2004) Under the authority of subsection 55(2) of the Judicature Act, the Lieutenant-Governor in Council makes the following Rules. Dated at St. John’s, April 2, 2004. Robert C. Thompson Clerk of the Executive Council RULES Analysis 1. Rule 55 Appendix Item J Amdt. 1. Item J of the Appendix to Rule 55 of the Rules of the Su- preme Court, 1986 is amended as follows: (

a) in 1, by deleting the amount "$60.00" and substituting the amount "$85.00"; (

b) in 3, by deleting the amount "$30.00" and substituting the amount "$60.00";

Rules of the Supreme Court, 1986 (Amendment) 28/04 The Newfoundland and Labrador Gazette April 8, 2004 118 (

c) in 5, by deleting the amount "$5.00" and substituting the amount "$10.00"; (

d) in 6, by deleting the amount "$60.00" and substituting the amount "$100.00"; (

e) in 7, by deleting the amount "$60.00" and substituting the amount "100.00"; (

f) in 10, by deleting the amount "$20.00" and substituting the amount "$50.00"; (

g) in 14, by deleting the am ount "10.00" and substituting the amount "$25.00"; (

h) in 16, by deleting the am ount "$7.50" and substituting the amount "$20.00"; (

i) in 17, by deleting the amount "$60.00" and substituting the amount "$150.00"; and (

j) in 18, by deleting the amount "$30.00" and substituting the amount "$50.00". ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette April 8, 2004 119 NEWFOUNDLAND AND LABRADOR REGULATION 29/04 Student Financial Assistance Regulations (Amendment) under the Student Financial Assistance Act (O.C. 2004-175) (Filed April 5, 2004) Under the authority of

section 16 of the Student Financial Assis- tance Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, March 30, 2004. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.2.1 Added Application 3. S.5 R&S 5. Granting of student loan 5.1 Loan disbursement 5.2 Interest free status 5.3 Rules respecting interest free status 5.4 Notification 5.5 Required provisions 5.6 Amendment to prevent default 5.7 Student loan default 5.8 Consolidation and repayment 5.9 Obligation to pay interest 5.10 Application to pre-April, 2004 loans 5.11 Revision of terms 4. Ss.6 to 8 Amdt. 6. Debt reduction grants 7. Debt reduction calculations 8. Loan remission

Student Financial Assistance Regulations (Amendment) 29/04 The Newfoundland and Labrador Gazette 120 April 8, 2004 5. S.9 Amdt. Early childhood education grants 6. S.10 Amdt. Interest relief 7. S.12 Amdt. Loan forgiveness due to dis- ability 8. Sch. R&S 9. Commencement 1.

(1) Section 2 of the Student Financial Assistance Regulations is amended by adding immediatel y after paragraph (

a) the follow- ing: (a.1) "consolidated loan agreem ent" means an agreement entered into between a lender and a borrower to establish the terms and conditions of the repayment of the borrower's student loan;

(2) Paragraph 2(

c) of the regulations is repealed.

(3) Section 2 of the regulation s is amended by deleting the word "and" at the end of paragraph (

g) and by adding immedi- ately after paragraph (

g) the following: (g.1) "prime rate" means the variable reference rate of interest as calculated monthly by Canada’s Minister of Human Re- sources and Skills Development based upon the variable ref- erence rates of interest declared by the largest 5 Canadian fi- nancial institutions as their rate for Canadian dollar con- sumer demand loans and the prime rate will be calculated by ignoring both the highest and the lowest of those 5 rates and taking the average of the remaining 3 rates;

(4) Section 2 of the regulation s is amended by deleting the period at the end of paragraph (

h) and substituting a semi-colon and the word "and" and by addi ng immediately after paragraph (

h) the following: (i) "service provider" means a pe rson who has entered into an agreement with the minister or the corporation to provide services with respect to the disbursement, administration, management and recovery of student loans. 2. The regulations are amende d by adding immediately after

section 2 the following: NLR 105/03

Student Financial Assistance Regulations (Amendment) 29/04 The Newfoundland and Labrador Gazette 121 April 8, 2004 2.1 These regulations apply to all student loans unless otherwise is expressly stated.

Section 5 of the regulations is repealed and the following substituted: 5.

(1) A person to whom a certificate of eligibility has been issued shall (

a) have an appropriate official of the educational institution where that person is enrolled, confirm that person’s enrol- ment as a full time student on the certificate of eligibility; (

b) sign a student loan agreemen t in which he or she agrees to repay his or her student loan in accordance with the terms and conditions of that agreement and these regulations; (

c) sign those consents, authorizations and certificates that the minister may require; and (

d) submit the completed certificate of eligibility to the corpora- tion or service provider within 30 days of the educational in- stitution confirming full time enrolment and before the last day of the month of his or her period of study end date.

(2) Where a person complies with subsection (1), the corpora- tion shall issue a student loan to that person in the amount set out in the certificate of eligibility. 5.1

(1) The corporation or service provider shall not disburse a stu- dent loan before the borrower’s period of study start date or after the last day of the month of the borrower’s period of study end date.

(2) The corporation or service provider may, with the written approval of the minister, disburse a student loan that does not comply with subsection (1). 5.2

(1) Where a student loan is issu ed to a borrower , that student loan has interest free status during the period (

a) commencing on the period of study start date indicated on the borrower’s certificate of eligibility; and Application Granting of student loan Loan disbursement Interest free status

Student Financial Assistance Regulations (Amendment) 29/04 The Newfoundland and Labrador Gazette 122 April 8, 2004 (

b) ending on the last day of the month of the borrower’s period of study end date as indicated on his or her certificate of eli- gibility.

(2) If a student loan has an in terest free status in accordance with these regulations, interest shall not accrue on that student loan during the period that the student loan has interest free status.

(3) A borrower who is not issued a student loan for a current period of study and (

a) who is enrolled in at least 60% of a full course load; or (

b) meets the requirements of subsection 3(4) of the Student Financial Assistance Administration Regulations, may apply to the minister for interest free status on his or her student loan.

(4) An application under subsection (3) must include or be ac- companied by the information that the minister may require.

(5) Where the minister receives an application under subsection (3), and is satisfied that the borrower has complied with these regula- tions, the minister may grant interest free status to the borrower’s stu- dent loan. 5.3

(1) If the period of study end date shown on a borrower’s appli- cation under subsection 5.2(3) changes to another date, his or her stu- dent loan interest free status ends on the last day of the month of the new period of study end date.

(2) Notwithstanding subsections 5.2(2) and (3) a borrower is not entitled to interest free status on his or her student loan if that borrower is in arrears on payments on his or her student loan.

(3) The minister may terminate an interest free status where (

a) the borrower to whom that status applies or his or her spouse, parent or sponsor has provided false or misleading information to the minister; or Rules respecting interest free status

Student Financial Assistance Regulations (Amendment) 29/04 The Newfoundland and Labrador Gazette 123 April 8, 2004 (

b) the borrower fails to comply with a provision of the Act or regulations made under the Act.

(4) Notwithstanding that the last day of the month of the period of study end date as stated on a certificate of eligibility or application made under subsection 5.2(3) has b een reached, the student loan to which it applies retains its interest free status during the period between the previous period of study end date and the last day of the month of the next period of study end date as shown on the borrower’s current certificate of eligibility or application if (

a) the period between the last day of the month of the previous period of study end date and next period of study start date as shown on that borrower’s cu rrent certificate of eligibility or application is less than 6 months; and (

b) that borrower delivers the current certificate of eligibility or application made under subsection 5.2(3) to the minister within the 6 month period referred to in paragraph (a). 5.4 A borrower shall promptly notify the lender or service provider of any change in his or her (

a) marital or family status; (

b) status as a full time student at an educational institution; (

c) education costs for a period of study, and (

d) financial resources that occurs during the period of study for which the student loan re- ferred to in the student loan agreement is made. 5.5 A student loan agreement made on or after April 1, 2004 shall include provisions that state the following: (

a) any refund of fees paid to an educational institution by the borrower from financial assistance provided under the Act shall be paid by the educational institution to the borrower’s lender for credit against a student loan received under the Act by the borrower; Notification Required provisions

Student Financial Assistance Regulations (Amendment) 29/04 The Newfoundland and Labrador Gazette 124 April 8, 2004 (

b) the borrower shall ratify all student loans made to him or her while he or she was a minor; (

c) interest on a student loan is payable before and after a de- fault, acceleration or judgement with respect to that student loan; and (

d) the borrower shall pay all legal fees incurred by the lender to collect the student loan. 5.6 A lender and a borrower may amend their consolidated loan agreement if the borrower notifies the lender that the terms of the agreement are such that he or she will be in default and if the lender considers that an amendment to the agreement will enable the borrower to meet his or her obligations under the agreement. 5.7

(1) A borrower is in default of his or her obligation to repay a student loan if he or she refuses to repay all or a part of that loan or if he or she does not make a regularly scheduled payment and the failure to make the required payment continues for 2 months.

(2) Where a borrower is in default of his or her obligation to repay a student loan, the loan is due and payable on the date that is the earlier of the following dates: (

a) if the default occurs becaus e the borrower refuses to repay all or a part of his or her student loan, on the first day that is at least 30 days after that refusal where a payment due on that student loan is at least 90 days in arrears; or (

b) if the default occurs becau se the borrower does not make a regularly scheduled payment to repay his or her student loan, on the day after the date on which a regularly scheduled payment has been outstanding for 2 consecutive months; or (

c) the date on which the borrower becomes subject to or takes advantage of a law relating to bankruptcy or insolvency. 5.8

(1) A borrower who enters into one or more student loan agree- ments shall enter into a consolidated loan agreement with the lender after the borrower ceases to be a full time student. Amendment to prevent default Student loan default Consolidation and repayment

Student Financial Assistance Regulations (Amendment) 29/04 The Newfoundland and Labrador Gazette 125 April 8, 2004

(2) A consolidated loan agreement shall include the amount and duration of the payments to be made to discharge the principal amount of all outstanding student loans and the interest on the outstanding bal- ance from time to time.

(3) If a borrower does not enter into a consolidat ed loan agree- ment within 6 months after ceasing to be a full time student, he or she shall be considered to have entered into a consolidated loan agreement and the lender shall establish the amount and duration of the payments to be made to discharge the principal amount of all outstanding student loans of that borrower and the interest on the outstanding balance from time to time unless the borrower subsequently enters into a consoli- dated loan agreement. 5.9

(1) The interest rate in effect on any day on a student loan owned by the corporation shall be, (

a) the prime rate on that day plus 2.5 % yearly; or (

b) after consolidation of a student loan under

section 5.8 and where requested by the borrower, the prime rate upon the date that the borrower made the request, plus 5% yearly.

(2) The interest rate on any day on a student loan not owned by the corporation shall be in accordance with the student loan agreement relating to that student loan.

(3) Interest on a student loan shall accrue commencing on the first day of the month following the last day on which the borrower under that student loan ceases to be a full time student.

(4) After consolidation of a student loan, interest on that loan shall accrue daily and shall be calculated monthly.

(5) Interest accruing on a studen t loan for 6 months immediately after interest commencement under subsection (3) shall accrue daily and be payable on the first day of the seventh month after interest commencement and where the interest amount is not paid as required, that amount shall be capitalized and form part of the principal owed on that student loan. 5.10

Section 5.8 and subsection 5.9(1) shall only apply to a student loan owned by the corporation that has not been consolidated or entered Obligation to pay interest Application to pre- April, 2004 loans

Student Financial Assistance Regulations (Amendment) 29/04 The Newfoundland and Labrador Gazette 126 April 8, 2004 into repayment status before April 1, 2004, notwithstanding that con- trary terms and conditions of a student loan agreement apply to that loan immediately before that date. 5.11

(1) Where, on April 1, 2004, a student loan owned by the corpo- ration is in repayment status, the following terms and conditions shall be considered to apply to the student loan agreement applicable to that loan, notwithstanding contrary terms and conditions of that agreement immediately before April 1, 2004: (

a) interest payable shall be calculated based on the prime rate as defined in these regulations; (

b) the amortization period shall be adjusted as required to en- sure that a borrower’s total monthly payment to repay his or her student loan and his or her direct loan under the federal Act is not greater than the sum of his or her monthly student loan payment and federal dir ect loan payment immediately before April 1, 2004; (

c) where a student loan has, immediately before April 1, 2004, a fixed interest rate and the borrower’s direct loan under the federal Act has a floating rate, the interest rate applicable to the student loan shall be a floating rate that is the prime rate plus 2.5% yearly; (

d) where a borrower has a student loan with a fixed interest rate and a direct loan under the federal Act with a fixed interest rate that is lower than the fixed interest rate applicable to his or her student loan, the interest rate on his or her student loan shall be reduced to match the fixed interest rate appli- cable to the borrower’s direct loan under the federal Act; (

e) the allocation and application of payments between a student loan and a direct loan under the federal Act shall be as agreed upon among the minister, the corporation and the Government of Canada; and (

f) monthly payments on a student loan shall be due and pay- able on the last day of each month. (2) Paragraphs (1)(

b) to (

e) shall apply to a borrower’s student loan if that borrower has a direct loan under the federal Act. Revision of terms

Student Financial Assistance Regulations (Amendment) 29/04 The Newfoundland and Labrador Gazette 127 April 8, 2004

(3) In this section, "direct lo an" has the same meaning as under the federal Act. (4) Subsections (1) and (2) shall cease to apply where a bor- rower enters into an agreement to revise the terms and conditions of his or her student loan agreement or consolidated loan agreement. 4. Sections 6, 7 and 8 of the regulations are amended by adding immediately before the word "loa n" wherever it occurs, the word "student". 5.

Subsections 9(1), (2) and (3) of the regulations are amended by adding immediately before th e words "loan" and "loans" the word "student". 6. (1) Subsection 10(1) of the regulations is amended by adding immediately before the word "loan" the word "student". (2) Subsection 10(2) of the reg ulations is amended by delet- ing the word "consider" and substituting the words "include a con- sideration of". (3) Subsections 10(3) and (4) of the regulations are amended by adding immediately before the word "loan" wherever it occurs, the word "student".

(4) Section 10 of the regulations is amended by adding im- mediately after subsection (4) the following:

(5) If a borrower fails to pay interest on a student loan, the min- ister may, as a condition of providing interest relief or other financial assistance, require the borrower to (

a) pay all or a part of the accrue d interest owing on that student loan; or (

b) capitalize all or a part of th e accrued interest owing on that student loan and that capitalized accrued interest shall form a part of the principal owed on that student loan.

(6) Where the minister grants interest relief under this section, the first payment on principal and interest owed on a student loan that

Student Financial Assistance Regulations (Amendment) 29/04 The Newfoundland and Labrador Gazette 128 April 8, 2004 the borrower must make is due within one month after the end of the interest relief period.

(7) The minister may terminate interest relief that he or she has granted where (

a) the borrower has provided false or misleading information to the minister; or (

b) the borrower fails to comply with a provision of the Act, regulations made under the Act or the borrower’s student loan agreement.

(8) Where, on April 1, 2004, a borrower’s loan under the federal Act is in interest relief status under that Act, an application shall be considered to have been made under subsection (1) with respect to that borrower’s student loan. 7. Subsection 12(1) of the regul ations is repealed and the fol- lowing substituted: 12.

(1) A borrower may apply to the minister to have his or her stu- dent loan removed from active recovery because he or she has a per- manent disability that was acquired on the earlier of (

a) the date the borrower enters repayment status on his or her student loan; or (

b) the first day of the seventh month after his or her period of study end date. 8. The

Schedule to the regulations is repealed and the following substituted:

Schedule MONTHLY FAMILY INCOME (in dollars) Number of Persons Comprising Borrower, Borrower's Spouse or Common-law Partner and Their Dependants Total Monthly Payments (Please see below) 1 2 3 4 5 6 7 8 9 10 0 - 35 1,604 2,506 3,237 3,818 4,351 4,842 5,281 5,651 5,954 6,184 35.01 - 70 1,635 2,550 3,277 3,860 4,395 4,888 5,329 5,700 6,006 6,237 Loan forgiveness due to disability

Student Financial Assistance Regulations (Amendment) 29/04 The Newfoundland and Labrador Gazette 129 April 8, 2004 70.01 - 105 1,671 2,593 3,316 3,901 4,440 4,933 5,378 5,749 6,057 6,290 105.01 - 140 1,707 2,638 3,355 3,943 4,483 4,980 5,426 5,800 6,108 6,344 140.01 - 175 1,743 2,672 3,395 3,984 4,527 5,027 5,475 5,851 6,162 6,398 175.01 - 210 1,782 2,705 3,436 4,025 4,571 5,074 5,525 5,902 6,215 6,453 210.01 - 245 1,821 2,740 3,474 4,067 4,616 5,121 5,574 5,964 6,269 6,507 245.01 - 280 1,858 2,778 3,515 4,109 4,661 5,168 5,623 6,016 6,322 6,563 280.01 - 315 1,898 2,817 3,557 4,152 4,706 5,215 5,672 6,066 6,377 6,618 315.01 - 350 1,937 2,855 3,597 4,195 4,750 5,261 5,721 6,117 6,431 6,674 350.01 - 385 1,976 2,894 3,640 4,239 4,796 5,308 5,772 6,167 6,486 6,730 385.01 - 420 2,015 2,932 3,683 4,283 4,842 5,356 5,823 6,218 6,540 6,785 420.01 - 455 2,055 2,970 3,726 4,326 4,888 5,404 5,874 6,270 6,595 6,842 455.01 - 490 2,096 3,009 3,768 4,370 4,932 5,452 5,927 6,322 6,649 6,899 490.01 - 525 2,139 3,048 3,811 4,413 4,978 5,500 5,979 6,377 6,705 6,955 525.01 - 560 2,180 3,086 3,854 4,458 5,025 5,549 6,031 6,431 6,760 7,012 560.01 - 595 2,223 3,124 3,897 4,502 5,072 5,598 6,082 6,486 6,816 7,070 595.01 - 630 2,265 3,161 3,939 4,545 5,119 5,648 6,135 6,540 6,871 7,128 630.01 - 665 2,308 3,200 3,983 4,589 5,167 5,697 6,187 6,595 6,928 7,185 665.01 - 700 2,351 3,239 4,025 4,634 5,213 5,748 6,240 6,649 6,985 7,244 700.01 - 735 2,395 3,279 4,068 4,678 5,261 5,798 6,294 6,705 7,041 7,303 735.01 - 770 2,441 3,318 4,110 4,723 5,309 5,848 6,347 6,760 7,099 7,362 770.01 - 805 2,486 3,357 4,154 4,768 5,357 5,899 6,400 6,816 7,157 7,421 805.01 - 840 2,533 3,396 4,197 4,813 5,405 5,950 6,454 6,871 7,215 7,481 840.01 - 875 2,580 3,436 4,239 4,859 5,453 6,003 6,507 6,927 7,272 7,541 875.01 - 910 2,628 3,475 4,283 4,905 5,502 6,054 6,562 6,984 7,331 7,601 910.01 - 945 2,661 3,515 4,325 4,951 5,551 6,106 6,616 7,040 7,390 7,661 945.01 - 980 2,692 3,556 4,368 4,998 5,600 6,160 6,671 7,097 7,449 7,722 980.01 - 1015 2,725 3,597 4,410 5,043 5,651 6,213 6,725 7,154 7,508 7,783 1015.01 - 1050 2,763 3,637 4,454 5,090 5,701 6,268 6,781 7,210 7,568 7,844 1050.01 - 1085 2,801 3,679 4,496 5,136 5,750 6,322 6,836 7,268 7,628 7,906 1085.01 - 1120 2,839 3,720 4,539 5,184 5,800 6,377 6,892 7,326 7,688 7,968 1120.01 - 1155 2,878 3,763 4,582 5,232 5,851 6,431 6,948 7,385 7,749 8,030 1155.01 - 1190 2,916 3,805 4,625 5,280 5,902 6,486 7,003 7,444 7,810 8,103 1190.01 - 1225 2,954 3,847 4,667 5,328 5,954 6,540 7,059 7,502 7,871 8,165 1225.01 - 1260 2,992 3,886 4,710 5,376 6,006 6,596 7,114 7,562 7,932 8,228 1260.01 - 1295 3,030 3,925 4,753 5,424 6,058 6,651 7,171 7,622 7,993 8,292 1295.01 - 1330 3,069 3,967 4,796 5,472 6,111 6,707 7,228 7,682 8,055 8,355 1330.01 - 1365 3,109 4,009 4,839 5,520 6,163 6,763 7,284 7,742 8,117 8,419 1365.01 - 1400 3,148 4,052 4,882 5,568 6,215 6,820 7,341 7,802 8,179 8,483 9.

These regulations shall be considered to have come into force on April 1, 2004. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette April 8, 2004 131 NEWFOUNDLAND AND LABRADOR REGULATION 30/04 Student Financial Assistance Administration Regulations (Amendment) under the Student Financial Assistance Act (Filed April 5, 2004) Under the authority of

section 15 of the Student Financial Assis- tance Act, I make the following regulations. Dated at St. John’s, March 30, 2004. John Ottenheimer Minister of Education REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.13 Amdt. Study period contribution 3. S.17 R&S Certificate of eligibility 4. S.18 Amdt. Appeal board 5. Ss.20, 23 & 25 Amdt. 20. Financial assistance appeal 23. Appeal to appeal board 25. Appeal board decision 6. S.26 R&S 26. Fees and charges 26.1 Refunds of $10 or less 7. Commencement 1. Paragraph 2(

d) of the Student Financial Assistance Admini- stration Regulations is repealed. 2. (1) Subsection 13(2) of the regulations is repealed. NLR 106/03

Student Financial Assistance Administration Regulations (Amendment) 30/04 The Newfoundland and Labrador Gazette April 8, 2004 132 (2) Subsection 13(3) of the regulations is repealed and the following substituted:

(3) The resource contribution of a qualifying student’s income under this

section shall be calculated by the following formula: C = (I - D - AA) x 100% where C is the contribution used as a resource to calculate that stu- dent’s need; I is the gross income for the study period; D is the total amount of deduction from pay that is permitted by the minister; and AA is the income allowance that is established by the minister.

Section 17 of the regulations is repealed and the following substituted: 17.

(1) Where an application is received by the minister under sec- tion 7, the minister, if satisfied that the applicant (

a) is a full time student; and (

b) has complied with the Act and regulations made under the Act; and (

c) is eligible for a student loan, may issue a certificate of eligibility to that applicant and in any other circumstance, may refuse to issue a certificate of eligibility to that ap- plicant.

(2) A certificate of eligibility shall (

a) be in the form that the mi nister considers appropriate; and (

b) set out the amount of student loan for which the full time student named on the certificate is eligible; and Certificate of eligi- bility

Student Financial Assistance Administration Regulations (Amendment) 30/04 The Newfoundland and Labrador Gazette April 8, 2004 133 (

c) state other terms that the minister considers necessary.

(3) A certificate of eligibility shall not be issued to a person after the end date of the period of study to which that certificate ap- plies.

(4) The minister shall establish an end date for periods of study for which financial assistance may be provided under the Act.

(5) An educational institution shall provide to the division suffi- cient information with respect to its programs of study to permit the minister to establish an end date. 4. (1) Subsection 18(1) of the regulations is amended by adding immediately after the word "student" the word "financial". (2) Subsections 18(2), (4), (5), (6), (7) and (8) of the regula- tions are amended by adding immediately before the word "board" wherever it occurs, the word "appeal". 5. Sections 20, 23 and 25 of the regulations are amended by adding immediately before the word "board" wherever it occurs, the word "appeal".

Section 26 of the regulations is repealed and the following substituted: 26. Where a borrower owes money to the Crown or to the corpora- tion under an agreement by subrogation or otherwise on account of financial assistance received by the borrower, that borrower shall pay the following charges (a) $35 for a dishonoured cheque provided to the division or to the corporation; (b) $15 for a late payment where the borrower has entered into a repayment arrangement; and (

c) an amount paid by the Crown to a lender to obtain financial assistance documentation with respect to the borrower who received the financial assistance. Fees and charges

Student Financial Assistance Administration Regulations (Amendment) 30/04 The Newfoundland and Labrador Gazette April 8, 2004 134 26.1 Where an amount of $10 or less is owed to a borrower by the corporation, that amount shall not be refunded to the borrower unless requested by him or her. 7. These regulations shall be considered to have come into force on April 1, 2004. ©Earl G. Tucker, Queen's Printer Refunds of $10 or less Commencement

THE NEWFOUNDLAND AND LABRADOR April 8, 2004 135 Index

PART I Change of Name Act – Applications ............................................................................................. .............................................. 244 Lands Act – Notice ............................................................................................................ .......................................................... 243 Trustee Act – Notice .......................................................................................................... .......................................................... 244 Urban and Rural Planning Act – Notices ........................................................................................ ............................................. 243

PART II CONTINUING INDEX OF SUBORDIANTE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Judicature Act Rules of the Supreme Court, 1986 28/04 Rule 55 April 8, 2004, p. 117 (Amdt.) Appendix, (Extra April 5/04) Item J Amdt. Student Financial Assistance Act Student Financial Assistance Regulati ons 29/04 5.2 Amdt. April 8, 2004, p. 119 (Amendment) (In force April 1, 2004) 5.2.1 Added 5.5 R&S Ss 5.1-5.11 Added Ss. 6-9 Amdt. Ss. 10&12 Amdt. Sch. R&S Student Financial Assistance 30/04 s.2 Amdt.

April 8, 2004, p. 131 Administration Regulations s.13 Amdt. (Amendment) (In force April 1, 2004) s.17 R&S s.18 Amdt. Ss. 20, 23 & 25 Amdt. s.26 R&S s.26.1 Added

THE NEWFOUNDLAND AND LABRADOR April 8, 2004 136 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Advertising rates are available upon request.

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STATUTES OF NEWFOUNDLAND AND LABRADOR 2004 First Session, 45th General Assembly 53 Elizabeth II, 2004 Bill Act

Chapter 2 Interim Supply Act, 2004 1 (ASSENTED TO MARCH 25, 2004) 12 Supplementary Supply Act, 2003-2004 2 1 Student Financial Assistance (Amendment) Act 3 (ASSENTED TO MARCH 29, 2004) * Bills amended in Committee of the Whole House. This list was prepared by the Office of the Legislative Counsel. Questions or omissions should be brought to the attention of that Office.

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2004-04-08
Type	gazette
Volume / chapter	printer gazette weekly issues 2004 2004 04 08
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	0488125bc9d4c86670e68f2a224758b28c54251d

Source file is stored in the law ingest library (pdf).