Alberta Regulation 103/2012

Student Financial Assistance Act

STUDENT FINANCIAL ASSISTANCE AMENDMENT REGULATION

Filed: June 13, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 192/2012)

on June 12, 2012 pursuant to

section 22 of the Student Financial Assistance Act.

1 The Student Financial Assistance Regulation

(AR 298/2002) is amended by this Regulation.

Part 1

Schedule 1 Amendments

Schedule 1 is amended by this Part.

Section 1(1) is amended

(

a) by repealing clause (a);

(

b) in clause (

b) by striking out ", and includes any

repayment, payment, remission, relief or adjustment under

section 28";

(

c) by repealing clauses (c), (d), (

g) and (k).

Section 1(4) is amended by striking out "2.1, 24(1)(g),

30(1)(

b) and (

c) and (2), 31(10) and (12), 32(1)(e)(ii)(B), 33(b), 36(3)

and 37" and substituting "32(1)(e)(ii) and 33(b)".

5 Sections 2, 2.1, 3(1), 5, 6, 8, 9, 10, 11, 12 and 13(1) are

repealed.

Section 13 is amended

(

a) in subsection (2) by adding "President of Treasury

Board and" before "Minister of Finance";

(

b) in subsection (3) by striking out "(1) or".

7 Sections 14 and 15, the heading preceding

section 16

and sections 16, 17, 18, 19, 20, 21, 22 and 23 are repealed.

Section 24 is amended

(

a) in subsection (1)

(

i) by repealing clauses (b), (c), (e), (

g) and (h);

(ii) in clause (

i) by striking out ", and "non-participating

credit institution" means a credit institution that has

not,";

(

b) by repealing subsection (2).

9 Sections 26, 27, 28, 30 and 31 are repealed.

Section 32 is amended

(

a) in subsection (1)

(

i) by repealing clause (b);

(ii) by adding "and" at the end of clause (d);

(iii) by repealing clause (e)(ii) and substituting the

following:

(ii) with respect to any other claims, within 9 months

of the student borrower's ceasing to be a full-time

student.

(iv) by repealing clause (

f) and the word "and"

preceding it;

(

b) in subsection (2) by striking out "(1)(e)(ii)(A)" and

substituting "(1)(e)(ii)".

Section 33 is amended

(

a) in clause (

b) by striking out "a consolidation of

guaranteed loans agreement or";

(

b) in clause (

c) by striking out "consolidation of

guaranteed loans agreement or consolidation of riskshared

and guaranteed loans agreement, unless that date falls within

a period of relief granted under

section 31" and

substituting "consolidation of riskshared and guaranteed

loans agreement".

12 Sections 34, 35, 36, 37 and 38(b), the heading preceding

section 39 and

section 39 are repealed.

Part 2

Schedule 2 Amendments

Schedule 2 is amended by this Part.

Section 1(1) is amended

(

a) by repealing clause (

e) and substituting the

following:

(e) "direct loan" means financial assistance in the form of a

loan from the Government, and includes

(

i) a guaranteed or a riskshared loan referred to in,

and converted by or under,

section 26(1), (2) or

(3) section 26.1(1) or (2), or

(ii) a grant overpayment within the meaning of

section

14.2(1)(

b) that is added or converted under

section

14.2(3)(

b) or (c),

that becomes a direct loan by virtue of that provision;

(

b) in clause (

g) by adding "and any repayment assistance

within the meaning of

section 24(1)(d)" after "30";

(

c) in clause (

m) by striking out "referred to in

section

16(1)".

Section 1(2)(

c) is amended by striking out "for the

purposes of

Part 2" and substituting "within the meaning of

subsection 95(2)".

Section 1(5) is amended by striking out "24(1)(a), 32(

a) and (

b) and 33(6) and (8)" and substituting "24(1)(c), 26 and

32(1)(

a) and (b)".

Section 8 is amended

(

a) in subsection (2) by striking out "parents, spouse and"

and substituting "spouse or";

(

b) in subsection (3)

(

i) by adding a comma after "otherwise";

(ii) by striking out "or" at the end of clause (e);

(iii) in clause (f)

(

A) by striking out "Schools" and substituting

"Training";

(

B) by striking out "9(d)" and substituting

"9(1)(d)";

(iv) by adding the following after clause (f):

(

g) is allowed to make affordable payments referred to

section 34(2), or

(

h) where applicable, has not completed the affordable

payment requirements of

section 34 by the end of

the period set by the Minister under

section 34(2).

Section 9 is amended

(

a) in subsection (1) by adding "for the purposes of this

Schedule" after "a program of study";

(

b) by adding the following after subsection (1):

(1.1) The Minister shall not approve an educational

institution under

section 1(1)(

m) of the Act unless the

Minister considers that the institution's loan repayment rate

is at an acceptable level.

(

c) in subsection (2)

(

i) by adding ", for the purposes of this Schedule," after

"may";

(ii) in clause (

b) by adding "or to meet the loan

repayment rate referred to in subsection (1.1)" after

"(1)(d)".

Section 13 is amended

(

a) by adding "President of Treasury Board and" before

"Minister of Finance" wherever it occurs;

(

b) in subsection (1)

(

i) in clause (

a) by striking out "11(1)" and

substituting "11(1)(a)";

(ii) in clause (d)

(

A) by striking out "or" at the end of subclause

(i);

(

B) in subclause (ii) by striking out "parents,

spouse or common law partner" and

substituting "spouse or common law partner,

or";

(

C) by adding the following after subclause

(ii):

(iii) the address or financial circumstances of the

student's parents, if that information has

previously been provided to the Minister for

the purposes of a federal program referred to

section 3 of the Act;

20 The following is added after

section 14:

Collection and disclosure of information

14.1(1) In this section, "personal information" means personal

information within the meaning of the Freedom of Information and

Protection of Privacy Act.

(2) The Minister may collect any personal information from a

student about the student's parents, spouse or common law partner

that the student provides under this

Schedule or an agreement or that

is needed for the proper administration of this

Schedule (including a

program referred to in

section 13(1)(d)(iii)).

Repayment of all or part of grant or bursary

14.2(1) In this section,

(a) "grant" means a grant or bursary under the repealed

legislation or under this Schedule, whether given before or

after the commencement of this section;

(b) "grant overpayment" means

(

i) the whole of the grant, if subsection (2)(

a) applies, or

(ii) the part of the grant referred to in subsection (2)(b), if

that clause applies.

(2) Without limiting the application of

section 14, if the Minister

considers that a student who received a grant was not entitled to

receive all or part of that grant, the Minister may, by giving written

notice to the student, require the student to repay, within the period

specified and according to which circumstance is applicable,

(

a) the whole of the grant, if the Minister considers that no grant

should have been paid at all, or

(

b) the part of the grant that the Minister considers should not

have been paid.

(3) The Minister may

(

a) require the student to make the required grant overpayment

payments to the Crown,

(

b) if the student has a direct loan, add the amount of the grant

overpayment to the balance of that direct loan, or

(

c) if the student does not have a direct loan, convert the amount

of the grant overpayment to a direct loan that is deemed to be

made under this

Schedule by virtue of this subsection and set

(4) It is a condition of a grant that a student must enter into any

agreement that, and in the form that, the Minister requires under

section 13(1)(

e) regarding the payment of the grant overpayment.

(5) For the purposes of this section, grants paid under the repealed

legislation are deemed to have been paid under this Schedule.

Section 15.1 is amended by adding "President of Treasury

Board and" before "Minister of Finance".

Section 16 is amended

(

a) in subsection (1) by striking out ", or" at the end of

clause (

a) and repealing clause (b);

(

b) by repealing subsection (3).

Section 18(3) is amended

(

a) by striking out "for which loans are provided and";

(

b) by adding "and" at the end of clause (a), striking out

", and" at the end of clause (

b) and repealing clause

(c).

Section 19 is amended by adding "and" at the end of

clause (a), striking out ", and" at the end of clause (

b) and

repealing clause (c).

25 Sections 20, 21 and 22 are repealed.

26 The following is added before

section 23:

Completion incentive grants

22.1(1) The Minister may award assistance in the form of a

Completion Incentive Grant, in an amount not exceeding $2000, to

support the enrolment by a student in the final semester of a program

of study.

(2) A grant under subsection (1) may only be awarded before the

last day of the final semester.

(3) If the Minister is satisfied that more in monetary assistance has

been received by or on behalf of a student than the student is eligible

to receive, the Minister may deduct the amount of the overpayment

from any grant money awarded under this

section in respect of that

student.

(4) If a student has defaulted in paying money under, or has

otherwise acted in breach of the terms of, any monetary assistance

scheme administered by the Minister, the Minister may apply grant

money awarded to be paid under this

section against the money

owing by the student under the scheme.

Section 24 is amended

(

a) by repealing subsection (1)(

a) and (

b) and

substituting the following:

(a) "credit institution" means a credit institution that has

entered into an agreement with the Minister under

section 9 of the Act;

(b) "guaranteed loan" means a loan to a student by a credit

institution that is guaranteed by the Government;

(c) "interest free period" means the continuous period

commencing when a person became a full-time student

or a part-time student and continuing until the last day

of the 6th month following the month in which the

person ceases to be such a student, but treating any

break of 6 months or, in the case of a person on parental

leave, 12 months or less between the times the person

ceased to be a full-time or part-time student and

subsequently became a full-time or a part-time student

again as not breaking that continuity;

(d) "repayment assistance plan" means the repayment

options established by the Minister to provide borrowers

with

(

i) short-term assistance if facing temporary financial

difficulties, or

(ii) long-term assistance if facing persistent financial

difficulties

in repaying their direct loans, and "repayment

assistance" means assistance in any form under that

plan;

(e) "riskshared loan" means a loan under an agreement

between a credit institution and a student involving the

payment of a risk premium by the Government to that

credit institution.

(

b) in subsection (2)

(

i) by striking out "subsection (1)(a)" and

substituting "subsection (1)(c)";

(ii) by adding "or a part-time student" after "student";

(

c) by adding the following after subsection (2):

(3) The repayment options referred to in subsection (1)(

d) may

operate wholly or partly in conjunction with the repayment

assistance plan under

Part V of the Canada Student Financial

Assistance Regulations (SOR/95-329).

Section 26 is repealed and the following is substituted:

Transfer and conversion of old loans following return

26(1) Where a person returns to being a full-time student or a

part-time student and has outstanding a guaranteed loan made under

the repealed legislation with a credit institution, that loan is

automatically transferred to the Government and converted to a

direct loan.

(2) Where a person returns to being a full-time student or a part-time

student and has outstanding a riskshared loan made under the

repealed legislation with a credit institution, the Minister may, if

(a) 150 days has not yet passed since the last regular instalment

of principal and interest was paid in full, and

(

b) the student has never been declared bankrupt or filed a

proposal for protection under the Bankruptcy and Insolvency

Act (Canada),

transfer that loan to the Government and convert it to a direct loan.

(3) Where a person returns to being a full-time student or a part-time

student, is to receive a direct loan and had outstanding a guaranteed

loan or a riskshared loan made under the repealed legislation with a

credit institution that was transferred to the Government, the

Minister may convert that transferred loan to a direct loan.

(4) A loan that is converted to a direct loan by or under this

section

is deemed to be made under this

Schedule by virtue of this section.

Transfer and conversion of old loans where repayment assistance

26.1(1) Where a student

(

a) has outstanding a guaranteed loan made under the repealed

legislation with a credit institution,

(

b) has submitted an application for repayment assistance, and

(

c) has been held pre-qualified or been approved for repayment

assistance as meeting the criteria referred to in

section

34(2)(

a) and (b),

that loan is automatically transferred to the Government and

converted to a direct loan.

(2) Where a student

(

a) has outstanding a riskshared loan made under the repealed

legislation with a credit institution,

(

b) has submitted an application for repayment assistance, and

(

c) has been held pre-qualified or been approved for repayment

assistance as meeting the criteria referred to in

section

34(2)(

a) and (b),

the Minister may, subject to subsection (3), transfer the loan to the

Government and convert it to a direct loan.

(3) The Minister may make the transfer and conversion under

subsection (2) only if

(a) 150 days has not yet passed since the last regular instalment

of principal and interest was paid in full, and

(

b) the student has never been declared bankrupt or filed a

proposal for protection under the Bankruptcy and Insolvency

Act (Canada).

(4) A loan that is converted to a direct loan by or under this

section

is deemed to be made under this

Schedule by virtue of this section.

Section 27(

a) is amended by striking out

"non-participating".

Section 30(8) is amended by striking out "(including

federal)".

Section 32 is amended

(

a) in subsection (1) by adding "or a part-time student"

after "full-time student" wherever it occurs;

(

b) in subsection (1)(b)(ii) by striking out "24(1)(a)" and

substituting "24(1)(c)".

Section 33 is repealed.

33 The following is added at the end of the Regulation:

Repayment assistance after interest free period

34(1) In this section,

(a) "family income" means the aggregate income in the period in

question from employment, social programs, investments and

monetary gifts received by a student and by the spouse or

common law partner of a student and other resources

available to the student, as determined by the Minister;

(b) "student" includes a former medical resident.

(2) The Minister may, under the repayment assistance plan and in

accordance with this section, on application, allow a student to pay

an amount owing under a direct loan (in this

section referred to as

making an "affordable payment") set by the Minister for the period

allowed by subsection (6) that is stipulated by the Minister if

(

a) the student's family income is inadequate to meet the

student's financial obligations, and

(

b) the student meets any other requirements established by the

Minister.

(3) The application under subsection (2) may, if applicable, be made

through the federal plan referred to in

section 24(3).

(4) The Minister shall set the amount of the affordable payment

based on the student's family income and the size of the student's

family.

(5) Subject to this section, the Minister may, in whatever manner the

Minister considers appropriate, repay, remit, relieve or otherwise

adjust all or any portion of the principal or interest, or both, owing

on the loan.

(6) A single period of affordable payments may begin no earlier

than the 1st day of the 7th month after the month in which the

student ceased to be a full-time student or a part-time student or a

medical resident and may not exceed 6 consecutive months, the

whole or any portion of which period, as so restricted, may

immediately precede the making of the application.

(7) The Minister may direct a student to provide any information or

documents to verify any statement made in the application for

repayment assistance (including an application referred to in

subsection (3)).

34 This Regulation comes into force on August 1, 2012.

Alberta Regulation 104/2012

Municipal Government Act

APEX PLUS INVESTMENT AMENDMENT REGULATION

Filed: June 15, 2012

For information only: Made by the Minister of Municipal Affairs (M.O. L:132/12)

on June 8, 2012 pursuant to

section 250(4) of the Municipal Government Act.

1 The Apex Plus Investment Regulation (AR 210/2006) is

amended by this Regulation.

2 The title of the Regulation is repealed and the following

substituted:

MUNISERP INVESTMENT REGULATION

Section 1 is amended

(

a) by repealing clause (b);

(

b) in clause (

c) by striking out "APEX Plus" and

substituting "MuniSERP";

(

c) by adding the following after clause (c):

(c.1) "MuniSERP" means the supplemental employee

retirement plan for municipal employees operated by

the Alberta Municipal Services Corporation;

Section 2 is amended by striking out "APEX Plus" and

substituting "MuniSERP".

Section 7 is amended by striking out "June 30, 2012" and

substituting "June 30, 2017".

Consequential

6(1) The Investment Regulation (AR 66/2000) is amended in

section 2(1)(a)(ii) by striking out "APEX Plus Investment

Regulation" and substituting "MuniSERP Investment Regulation".

(2) The Muni Funds Investment Regulation (AR 22/2010) is

amended in

section 2 by striking out "APEX Plus Investment

Regulation" and substituting "MuniSERP Investment Regulation".