THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, THURSDAY, JULY 30, 2009 NEWFOUNDLAND AND LABRADOR REGULATION NLR 66/09

Extraordinary Gazette 3 July 30, 2009 NEWFOUNDLAND AND LABRADOR REGULATION 66/09 Student Financial Assistance Regulations (Amendment) under the Student Financial Assistance Act (O.C. 2009-230) (Filed July 30, 2009) 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, July 30, 2009. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.5.2 Amdt. Interest free status 3. Commencement 1. Paragraph 2(

e) of the Student Financial Assistance Regula- tions is amended by adding immed iately after the word " Regula- tions" the words "or who is granted interest free status under sub-

section 5.2 (6), (7), (10) or (12) of these regulations".

Section 5.2 of the regulatio ns is amended by adding immedi- ately after subsection (5) the following: NLR 105/03 as amended

Student Financial Assistance Regulations (Amendment) 66/09 Extraordinary Gazette 4 July 30, 2009

(6) Subject to subsection (11), when a student loan is issued to a borrower who is a member of the reserve force and who interrupts his or her program of studies to serve on a designated operation, that stu- dent loan has interest free status until the last day of the month in which his or her service on the designated operation ends.

(7) Notwithstanding subsection (6) if, as a result of the date on which his or her service on the designated operation ends, the borrower is unable to continue in a program of studies within 6 months after that date, the minister may, on application, allow up to a further 6 months of interest free status.

(8) A borrower referred to in subsection (6) must, no later than 30 days after receipt of his or he r posting message provided by Can- ada's Department of National Defence, unless circumstances beyond the control of the borrower necessitate a longer period, notify the min- ister in the prescribed form that he or she will be serving on the desig- nated operation and must provide the minister with a list of outstanding student loans not owned by the corporation and, where the minister requests, provide the minister with (

a) his or her social insurance number; (

b) a list of outstanding student loans; (

c) a copy of the posting message; and (

d) information that is necessary to assess whether the borrower meets the requirements of subsection (6), (7), (10) or (12).

(9) The minister may consider one or more of the requirements of subsection (8) of these regulations to be satisfied where a borrower has provided a notification and information to Canada's Minister of Human Resources and Skills Development in compliance with subsec- tion 8(3) of the Canada Student Financial Assistance Regulations.

(10) If a borrower referred to in subsection (6) is unable to con- tinue full-time in a program of studies as a result of an injury or disease that is attributable to or was incurr ed during the desi gnated operation, or the aggravation of an injury or di sease, if the aggravation was attrib- utable to or was incurred during the designated operation, the borrower will be granted interest free status until the earlier of the day

Student Financial Assistance Regulations (Amendment) 66/09 Extraordinary Gazette 5 July 30, 2009 (

a) on which it is determined by Canada's Minister of Human Resources and Skills Development under the Canada Stu- dent Financial Assistance Regulations that the injury or dis- ease, or the aggravation of the injury or disease, no longer precludes the borrower from returning to a program of stud- ies; and (

b) that is 2 years after the da y on which the borrower’s service on the designated operation ended.

(11) If it is determined by Canada's Minister of Human Resources and Skills Development under subsection 8(2) or (4) of the Canada Student Financial Assistance Regulations that the date when the bor- rower ceases to be a full time stud ent under those regulations will be delayed for the purpose of those regulations, then the borrower will be granted interest free status until that date for the purpose of subsections (7) and (10) of these regulations.

(12) Where a determination referred to in subsection (11) is not applicable, a determination by the minister of eligibility in subsections (7) and (10) shall be made on the same basis as if the determination was made under subsection 8(2) or (4) of the Canada Student Financial Assistance Regulations.

(13) For the purpose of subsections (6) to (12) "designated operation" means an operation that is designated under paragraph 247.5(1)(

a) of the Canada Labour Code. 2. These regulations are consid ered to have come into force on June 13, 2008. ©Earl G. Tucker, Queen's Printer Commencement

6 ST. JOHN'S, THURSDAY, JULY 30, 2009 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Student Financial Assistance Act Student Financial Assistance NLR 66/09 Amends July 30/09 p. 3 Regulations (amdt.) NLR 105/03, (In force June 13, 2008) Ss. 2 & 5.2 Amdt.