Bill 2611 — An Act To Amend the Student Financial Assistance Act, 2019 (51st General Assembly, 1st Session)
Bill 2611
Newfoundland and Labrador — Bills
First
Session, 51st General Assembly
Charles III, 2026
BILL 11
AN ACT TO AMEND THE
STUDENT FINANCIAL ASSISTANCE ACT, 2019
Received
and Read the First Time ................................................................
Second
Reading ............................................................................................
Committee .....................................................................................................
Third
Reading ...............................................................................................
Royal
Assent .................................................................................................
HONOURABLE PAUL
DINN
Minister of
Education and Early Childhood Development
Ordered to be printed by
the Honourable House of Assembly
EXPLANATORY NOTES
This Bill would amend the Student
Financial Assistance Act, 2019 to
eliminate the Student Financial
Assistance Appeal Board;
allow a person to appeal a
decision relating to a denial, term, condition,
amount of a student loan, financial assistance, interest or payment relief made
or established under the Act to an appeals officer;
allow a person to appeal a
decision of an appeals officer to the director in the department responsible
for student financial services;
allow the minister to issue a
certificate of judgment for filing at the Supreme Court for the collection of
defaulted provincial student loans; and
incorporate gender-neutral
language.
A BILL
AN ACT TO AMEND THE STUDENT FINANCIAL
ASSISTANCE ACT, 2019
Analysis
S.2 Amdt .
Definitions
S.11 Amdt .
Over award
S.12 Rep.
Appeal board
S.13 R&S
Appeals
S.14 Amdt .
Ministerial regulations
S.17 Amdt .
Liability of minors
S.19.1 Added
Certificate
of judgment
S.21 Amdt .
Consequences of breach
S.22 Amdt .
Offence and penalty
S.24 Amdt .
Immunity
Transitional
RSNL1990 cP-43 Amdt .
Commencement
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
SNL2019 cS-29.02
(1) Paragraph 2(
a) of the Student Financial
Assistance Act, 2019 is repealed and the following substituted:
(a) "appeals officer" means an employee
of the department designated to hear appeals under subsection 13(1);
(2) Section 2 of the Act is amended by adding
immediately after paragraph (
c) the following:
(c.1) "director"
means the director responsible for student financial services in the department;
2. (1) Subsection 11(1) of the Act is amended by
deleting the words "he or she" wherever they appear and substituting
the words "the person".
(2) Subsection 11(2) of the Act is amended by
deleting the words "his or her" and substituting the words "the
person's".
Section 12 of the Act is repealed.
Section 13 of the Act is repealed and the
following substituted:
Appeals
(1) A person may appeal a decision relating to a denial, term, condition, amount of a student loan,
financial assistance, interest or payment relief made or established under this
Act to an appeals officer .
(2) A
person may appeal a decision of an appeals officer to the director.
(3) An
appeal under this
section shall be
(
a) submitted
in the form and manner set by the minister in the time period
prescribed in the regulations; and
(
b) conducted
in accordance with the regulations.
(4) An
appeals officer may confirm, vary or revoke the decision that is the subject of
an appeal under subsection (1 ) and the director may
confirm, vary or revoke the decision that is the subject of an appeal under
subsection (2).
(5) A
decision under this
section shall
(
a) be
in writing;
(
b) include
reasons; and
(
c) be
provided to the person who filed the appeal in the time
period prescribed in the regulations.
(6) A
decision of the director is final and binding.
5. (1) Paragraph 14(1)(
g) of the Act is repealed
and the following substituted:
(
g) respecting the conduct of appeals under
section
13;
(2) Subsection 14(1) of the Act is amended by
adding immediately after paragraph (
g) the following:
(g.1) prescribing time periods for the purposes of
section 13;
6. Subsection 17(1) of the Act is amended by
deleting the words "he or she" and substituting the words "that
qualifying student".
7. The Act is amended by adding immediately after
section 19 the following:
Certificate of
judgment
19.1
(1) Where a person fails to repay an amount owing that is due
to the Crown under this Act, the minister may issue a certificate stating the
amount due and remaining unpaid to the Crown and the name of the person by whom
it is payable and file the certificate with the Supreme Court.
(2) Where the
minister issues a certificate under subsection (1) and files the certificate
with the Supreme Court, the minister shall send a copy of the certificate to
the last known address of the person named in the certificate.
(3) Where a certificate
is filed with the Supreme Court under subsection (1), it is of the same effect and all proceedings may be taken on the certificate
as if it were a judgment of that court for the recovery of the amount stated in
the certificate against the person named in the certificate.
(4) A person named in a
certificate filed under this
section may, within 30 days after the certificate
is filed, apply to a judge of the Supreme Court for a review, on a question of
law or jurisdiction, of the certificate or the decision upon which the certificate
was based.
(5) On an application
under subsection (4), the judge may make any amendment to the certificate that
is necessary to make the certificate accord with the judge's decision.
(6) There is no appeal
from a decision of a judge made under this section.
(7) A certificate filed
under this
section may also be filed in the judgment enforcement registry upon
the expiration of the 30 day period referred to in
subsection (4) in accordance with
Part III of the Judgment Enforcement
Act and be enforced in accordance with that Act.
8. Paragraph 21(1)(
a) of the Act is amended by
deleting the words "his or her" and substituting the words "that
person's".
9. Subsection 22(5) of the Act is amended by
deleting the words "he or she" and substituting the words "the
minister".
Section 24 of the Act
is amended by deleting the words "a member of the appeal board" and
the comma immediately following those words.
Transitional
11. Where an appeal has been submitted to the
appeal board before the coming into force of this Act but has not been
concluded before the coming into force of this Act, the appeal shall be
concluded in accordance with this Act and the regulations.
RSNL1990 cP-43 Amdt .
Schedule
C of the Public Service Commission Act is amended by deleting
the statutory appointment reference " Student Financial Assistance
Act, 2019 , Student Financial Assistance Administration Regulations ,
paragraphs 18(1)(
b) and (e)".
Commencement
13. This Act comes into force on August 1, 2026.
King's Printer