Bill 2611 — An Act To Amend the Student Financial Assistance Act, 2019 (51st General Assembly, 1st Session)

Bill 2611

Newfoundland and Labrador — Bills

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Assistance Act, 2019 is repealed and the following substituted: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

Document details

CollectionNewfoundland and Labrador — Bills
CitationBill 2611
Typebill
Volume / chapterga51session1 bill2611
Languageen
Formathtm
SourcePROVINCIAL
Identifier84b265bab2f60dd335ff5c55b2ad701d79efd787

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