This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

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Student Reservists’ Leave of Absence Regulations

made under

Section 7 of the

Canadian Forces Reservists Protection Act

S.N.S. 2006, c. 13

O.I.C. 2007-373 (June 29, 2007, effective July 1, 2007), N.S. Reg. 327/2007

Citation

1 These regulations may be cited as the Student Reservists’ Leave of Absence Regulations .

Definitions

(1) In the Act and these regulations,

(a) “active duty” means active service as defined in the National Defence Act

(Canada);

(b) “fees” means charges or payments that may be required by a student’s

attendance at an education institutional, including all of the following:

(

i) administrative fees,

(ii) on-campus housing fees,

(iii) health insurance fees,

(iv) student association membership fees,

(

v) charges or payments for books required for courses in which the student

is registered;

(c) “program of studies” means a set of courses or other work required to obtain a

degree, diploma or certificate from an educational institution;

(d) “semester” means a period of study that constitutes part of the regular

academic year of an educational institution and that is at least 13 weeks long;

(e) “training” means training that is required for active duty.

(2) In these regulations,

(a) “Class “C” Reserve Service” means “Class “C” Reserve Service” as defined in

the Queen’s Regulations and Orders for the Canadian Forces under the

National Defence Act (Canada);

(b) “educational institution” means any of the following:

(

i) a public school or a private school as defined in the Education Act,

(ii) a community college established under the Community Colleges Act,

(iii) a university authorized under the Degree Granting Act .

Reasonable notice

3 In clause 4(1)(

a) of the Act respecting the notice required to be given by a student to an

educational institution, “reasonable notice” is at least 30 days’ notice in advance, except in

an emergency situation, in which case reasonable notice is as much notice as is reasonably

practical.

Reservist’s leave of absence

(1) For the purposes of a leave of absence from an educational institution for a member

of the Reserves under

Section 4 of the Act,

(

a) a leave of absence includes time spent on leave related to active duty;

(

b) a leave of absence must not be longer than 18 months within any 3-year

period;

(

c) the start date for a leave of absence must be at least 1 year after the date that a

student returned to the educational institution from a previous leave of absence;

(

d) a student must apply to return the program of studies at the educational

institution no later than 4 weeks after the date their leave of absence expires;

(

e) a student may defer their actual return to the program of studies at the

educational institution until the beginning of the next following semester;

(

e) only the training of a member in Class “C” Reserve Service is included as

service;

(

f) a student’s right to return to the program of studies is subject to its availability

when the student returns to or applies to return to the educational institution.

Financial credits

5 For the purposes of the return of a student to an educational institution under subsection

4(2) of the Act,

(

a) the tuition and fees for a program of studies paid by a student for the semester

during which the student takes a leave of absence must be credited toward and

are deemed to be equal in amount to the tuition and fees for the semester

during which the student returns to the program of studies;

(

b) a student who holds a certificate under the Student Aid Act is deemed to be

continuing studies at the educational institution while on leave of absence.

Complaint procedure

(1) A student who is aggrieved by an alleged violation of subsection 4(2) of the Act by

an educational institution may make a written complaint to the Minister of

Education.

(2) A complaint must be made no later than 30 days after the date of a decision of the

educational institution to impose a financial penalty on the student.

(3) The Minister of Education may authorize an officer of the Department of Education

to act as a review officer to investigate a complaint.

(4) In investigating a complaint, a review officer must serve notice of the complaint on

the educational institution against which the complaint is made and request a

response from the educational institution within any period of time that the review

officer considers appropriate.

(5) A review officer has the power to order the educational institution or the

complainant to produce any documents or other information that the review officer

considers necessary for a full review of the complaint.

(6) After investigating a complaint, a review officer must determine whether there is

sufficient evidence of a failure to comply with subsection 4(2) of the Act and decide

(

a) to dismiss the complaint on the grounds of insufficiency of evidence; or

(

b) to conduct a mediation to effect a settlement, if the review officer is satisfied

that there is sufficient evidence of a failure to comply with subsection 4(2) of

the Act.

(7) A decision of a review officer is final and not open to question or review.

Legislative History

Reference Tables

Student Reservists’ Leave of Absence Regulations

N.S. Reg. 327/2007

Canadian Forces Reservists Protection Act

Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Student Reservists’ Leave of Absence Regulations made under the Canadian Forces Reservists Protection Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

327/2007

Jul 1, 2007

date specified

Jul 20, 2007

The following regulations are not yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

References to the Department of Education or Minister of Education should be read as references to the Department of Labour and Advanced Education or Minister of Labour and Advanced Education in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376.

Jan 11, 2011

References to the Department of Education or Minister of Education should be read as references to the Department of Advanced Education or Minister of Advanced Education in accordance with Order in Council 2021-208 under the Public Service Act, R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.