Budget Implementation Act, 2008 (S.C. 2008, c. 28)
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Assented to 2008-06-18
PART 5FEDERAL FINANCIAL ASSISTANCE FOR STUDENTS
1994, c. 28Amendments to the Canada Student Financial Assistance Act
107. The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Issue of certificates
12. (1) Subject to the regulations, the appropriate authority for a province designated under paragraph 3(1)(a) may, on application of a qualifying student, issue or cause to be issued a certificate of eligibility in the prescribed form, for a period of studies at a designated educational institution in or outside Canada, to or in respect of the student if that authority considers the student
108. (1) Paragraph 15(e) of the Act is replaced by the following:
(d.1) respecting the issuance of certificates of eligibility and providing for their subsequent submission by the issuees;
(e) providing for the conditions to be met before a disbursement in respect of a student loan may be made;
(2) Section 15 of the Act is amended by adding the following after paragraph (f):
(f.1) respecting the circumstances in which no amount on account of principal or interest is required to be paid in respect of student loans;
(3) Paragraphs 15(n) to (p) of the Act are replaced by the following:
(n) providing for the establishment and operation of a program to provide special interest-free or interest-reduced periods to borrowers or classes of borrowers, including the terms and conditions of the granting or termination of the periods, the making, continuation or alteration of agreements between borrowers and lenders when the periods are granted or terminated and the authorization of lenders to grant or terminate the periods and otherwise administer the program;
(o) providing, in respect of any province, for repayment of student loans by borrowers or classes of borrowers on an income-contingent basis, or for the establishment and operation of a student loan program that is financed by Her Majesty in right of Canada or any agent of Her Majesty in right of Canada and that may provide for the repayment of student loans by borrowers or classes of borrowers on an income-contingent basis;
(p) providing for the establishment and operation of grant programs, and additional grant programs for qualifying students whose financial needs are greater than the maximum amount of the financial assistance that may be given to the student, for the classes of persons who are eligible for grants and for the circumstances in which all or part of a grant is to be repaid or converted into a loan;
(4) Section 15 of the Act is renumbered as subsection 15(1) and is amended by adding the following:
Marginal note:Electronic systems
(2) The Governor in Council may make regulations providing for the establishment and operation of electronic systems that provide information about financial aid available to qualifying students and borrowers and that can receive information from them, and providing for the transactions that may be carried out with regard to that financial aid by means of those systems.
109. The Act is amended by adding the following after section 16:
Marginal note:Right of recovery by Minister
16.01 A student loan that is made to a borrower who is not of full age under an agreement entered into under section 6.1, and interest on the loan, is recoverable by the Minister from the borrower as though the borrower had been of full age at the time the agreement was entered into.
Marginal note:Waiver
16.02 On application by a qualifying student or a borrower, the Minister may, to avoid undue hardship to the student or borrower, waive
(a) a requirement of the regulations with respect to the times within which the student or borrower’s confirmation of enrolment or certificate of eligibility is to be submitted; or
(b) a requirement of the regulations, or a requirement determined or approved by the Minister, with respect to the form or manner in which information in respect of the student or borrower is to be provided.
Marginal note:Financial assistance denied due to error
16.03 If the Minister is satisfied that a person was denied financial assistance to which the person would have been entitled as a result of an error made in the administration of this Act or the regulations, the Minister may take remedial action to place the person in the position that he or she would have been in under this Act had the error not been made.
110. The Act is amended by replacing every reference to section 15 of the Act with a reference to subsection 15(1) wherever it occurs in the following provisions:
(a) subparagraphs 5(a)(ii) and (iv);
(b) subsection 7(1);
(c) section 8;
(d) the portion of subsection 12(4) before paragraph (a); and
(e) subsections 14(6) and (7).
R.S., c. S-23Amendments to the Canada Student Loans Act
Marginal note:1994, c. 28, s. 25
111. Section 11 of the Canada Student Loans Act is replaced by the following:
Marginal note:Regulations
11. The Governor in Council may make regulations providing for the establishment and operation of a program to provide special interest-free or interest-reduced periods to borrowers or classes of borrowers, including the terms and conditions of the granting or termination of the periods, the making, continuation or alteration of agreements between borrowers and lenders when the periods are granted or terminated and the authorization of lenders to grant or terminate the periods and otherwise administer the program.
112. Section 13 of the Act is replaced by the following:
Marginal note:Severe permanent disability
13. (1) If the Minister is satisfied, on the basis of prescribed information provided by or on behalf of a borrower, that the borrower, by reason of severe permanent disability, is unable to repay a guaranteed student loan and will never be able to repay it, all rights of any lender against the borrower in respect of that guaranteed student loan terminate, and the Minister shall pay to any lender whose rights against a borrower are terminated under this section the amount of principal and interest determined in the prescribed manner to have been payable by the borrower at the time the borrower provided the Minister with the information required under this section.
Meaning of “severe permanent disability”
(2) The Governor in Council may make regulations defining the expression “severe permanent disability” for the purposes of subsection (1).
113. (1) Section 17 of the Act is amended by adding the following after paragraph (k):
(k.1) respecting the circumstances in which no amount on account of principal or interest is required to be paid in respect of guaranteed student loans;
(2) Paragraph 17(m) of the Act is replaced by the following:
(m) prescribing circumstances, related to the conduct of a student in obtaining or repaying a guaranteed student loan, under which a new loan may be denied to a student or a borrower’s right to an interest-free period under section 4 or to a special interest-free period under section 10 may be revoked by the Minister;
(3) Paragraph 17(q) of the Act is replaced by the following:
(q) providing for the repayment of guaranteed student loans by borrowers or classes of borrowers on an income-contingent basis;
114. The Act is amended by adding the following after section 19:
Marginal note:Waiver
19.01 On application by a qualifying student or a borrower, the Minister may, to avoid undue hardship to the student or borrower, waive
(a) a requirement of the regulations with respect to the times within which the student or borrower’s confirmation of enrolment or certificate of eligibility is to be submitted; or
(b) a requirement of the regulations, or a requirement prescribed by the Minister, with respect to the form or manner in which information in respect of the student or borrower is to be provided.
Marginal note:Financial assistance denied due to error
19.02 If the Minister is satisfied that a person was denied financial assistance under this Act to which the person would have been entitled as a result of an error made in the administration of this Act or the regulations, the Minister may take remedial action to place the person in the position that he or she would have been in under this Act had the error not been made.
Coming into Force
Marginal note:Order in council
115. Subsection 101(1) and sections 104 to 106 and 112 come into force on a day or days to be fixed by order of the Governor in Council.
PART 62001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT
Amendments to the Act
116. Subsection 11(1) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Application before entering Canada
11. (1) A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
117. Subsection 25(1) of the Act is replaced by the following:
Marginal note:Humanitarian and compassionate considerations
25. (1) The Minister shall, upon request of a foreign national in Canada who is inadmissible or who does not meet the requirements of this Act, and may, on the Minister’s own initiative or on request of a foreign national outside Canada, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligation of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to them, taking into account the best interests of a child directly affected, or by public policy considerations.
118. The Act is amended by adding the following before the heading “Loans” before section 88:
Instructions on Processing Applications and Requests
Marginal note:Application
87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), other than those made by persons referred to in subsection 99(2), sponsorship applications made by persons referred to in subsection 13(1), applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada and to requests under subsection 25(1) made by foreign nationals outside Canada.
Marginal note:Attainment of immigration goals
(2) The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
Marginal note:Instructions
(3) For the purposes of subsection (2), the Minister may give instructions with respect to the processing of applications and requests, including instructions
(a) establishing categories of applications or requests to which the instructions apply;
(b) establishing an order, by category or otherwise, for the processing of applications or requests;
(c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and
(d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.
Marginal note:Compliance with instructions
(4) Officers and persons authorized to exercise the powers of the Minister under section 25 shall comply with any instructions before processing an application or request or when processing one. If an application or request is not processed, it may be retained, returned or otherwise disposed of in accordance with the instructions of the Minister.
Marginal note:Clarification
(5) The fact that an application or request is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or other document, or grant the status or exemption, in relation to which the application or request is made.
Marginal note:Publication
(6) Instructions shall be published in the Canada Gazette.
Marginal note:Clarification
(7) Nothing in this section in any way limits the power of the Minister to otherwise determine the most efficient manner in which to administer this Act.
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