BILL 9 - An Act to Amend the Youth Assistance Act

BILL 9

An Act to Amend the Youth Assistance Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 2 of the English version of the Youth Assistance Act, chapter Y-2 of the Acts of New Brunswick, 1984, is amended by striking out "on his behalf" and substituting "on the Ministerís behalf".

2 Section 3 of the English version of the Act is amended

(a) in subsection (1) by striking out "as his designate" and substituting "as the Ministerís designate";

(b) in subsection (2) by striking out "that his name" and substituting "that that personís name".

3 The Act is amended by adding after section 4.1 the following:

4.2 The Minister may,

(a) with the approval of the Lieutenant-Governor in Council, enter into and amend from time to time agreements or arrangements with any department, board or agency of the Government of Canada or any other public or private organization or agency or any other person

(i) to facilitate the administration or enforcement of this Act,

(ii) to harmonize and administer federal and provincial assistance programs for students, and

(iii) to facilitate the delivery of the Canada Millennium Scholarships or other assistance programs to students in New Brunswick; and

(b) pursuant to the terms of any agreement or arrangement entered into or amended under paragraph (a), participate in the delivery of assistance programs to students in New Brunswick by any department, board or agency of the Government of Canada or any other public or private organization or agency or any other person.

4 Section 5.1 of the Act is amended by striking out "a grant" and substituting "a scholarship".

5 Section 5.2 of the Act is amended by striking out "pursuant to this Act and the Canada Student Loans Act (Canada)" and substituting "pursuant to this Act, the Canada Student Loans Act (Canada) and the Canada Student Financial Assistance Act (Canada)".

6 Subsection 5.4(1) of the Act is amended by striking out "or grant" and substituting "or scholarship".

7 Section 6 of the English version of the Act is amended by striking out "Aid" and substituting "Assistance".

8 Section 7 of the English version of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out "Aid" and substituting "Assistance";

(b) in subsection (2) by striking out "transmitted to him by the Student Aid Review Board" and substituting "transmitted to the Minister by the Student Assistance Review Board".

9 Section 8 of the Act is repealed and the following is substituted:

8 A qualifying student who has submitted an application in accordance with section 5.3 and who claims that

(a) an error has been made in the application of any of the rules and criteria established by the Minister for the purposes of subsection 5.4(1), or

(b) extraordinary circumstances exist that were not addressed in the assessment of the needs of the student,

may request that the studentís application be reviewed by the Student Assistance Review Board.

10 Section 8.1 of the Act is amended by striking out "be reviewed by the Credit Review Board" and substituting "be reconsidered by the Minister".

11 Section 8.2 of the Act is repealed.

12 Section 8.3 of the Act is amended

(a) by repealing subsection (1);

(b) by repealing subsection (2);

(c) in subsection (3) by striking out "on the recommendation of the Credit Review Board" and substituting "after reconsidering the studentís application under section 8.1".

13 The Act is amended by adding after section 8.5 the following:

8.6 Assistance that is provided by the Minister pursuant to this Act to a person who is a minor and that is repayable to the Minister is recoverable by the Minister together with interest thereon from that person when that person is no longer a minor as if that person were not a minor at the time the assistance was provided.

14 Section 9 of the Act is amended

(a) in paragraph (k) by striking out "a grant" and substituting "a scholarship";

 

(b) in paragraph (m) of the English version by striking out "Aid" and substituting "Assistance";

(c) by repealing paragraph (o);

(d) by repealing paragraph (p);

(e) in paragraph (q) by striking out "the Student Aid Review Board and the Credit Review Board" and substituting "the Student Assistance Review Board".

15 Where in the English version of any Act, other than this Act, or in the English version of any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Student Aid Review Board, it shall be read, unless the context otherwise requires, as a reference to the Student Assistance Review Board.

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

2 The Minister is responsible for the administration of this Act and may designate persons to act on his behalf.

Section 2

(a) The existing provision is as follows:

3(1) A document in writing purporting to be signed by the Minister authorizing a person to act as his designate for the purposes of this Act or the regulations, or to do anything else under this Act or the regulations, shall, without proof of the signature or appointment of the Minister, be accepted by all courts in the Province as conclusive proof of the authority stated therein.

 

(b) The existing provision is as follows:

3(2) The person in possession of a written authorization referred to in subsection (1) shall, upon proof that his name is the same as the person named therein, be deemed to be the person named therein.

Section 3

The new section 4.2 authorizes the Minister of Education, with the approval of the Lieutenant-Governor in Council, to enter into and amend from time to time agreements or arrangements with any department, board or agency of the Government of Canada or any other public or private organization or agency or any other person for the purposes set out in that section. In addition, the new section 4.2 authorizes the Minister, pursuant to the terms of any such agreement or arrangement, to participate in the delivery of assistance programs to students in New Brunswick by any department, board or agency of the Government of Canada or any other public or private organization or agency or any other person.

Section 4

The existing provision is as follows:

5.1 The Minister may provide a grant to a qualifying doctoral student who is a female and who is a resident of the Province.

 

Section 5

The existing provision is as follows:

5.2 The Minister may make payments to or on behalf of a person for the purpose of reducing the personís debt on loans obtained pursuant to this Act and the Canada Student Loans Act (Canada).

Section 6

The existing provision is as follows:

5.4(1) The Minister shall, in accordance with rules and criteria established by the Minister and subject to any maximums prescribed by regulation, determine the amount to be specified in a certificate of eligibility, the amount of a bursary or grant to be provided and the amount of any payments to be made to reduce debt.

Section 7

The existing provision is as follows:

6 There shall be a board to be known as the Student Aid Review Board, the members of which shall be appointed by the Lieutenant-Governor in Council in accordance with the regulations.

Section 8

(a) The existing provision is as follows:

7(1) The Student Aid Review Board shall

(a) review applications submitted to it, and

(b) transmit to the Minister in writing its conclusions and recommendations concerning the applications considered.

(b) The existing provision is as follows:

7(2) The Minister is not bound by a conclusion or recommendation transmitted to him by the Student Aid Review Board.

Section 9

The existing provision is as follows:

8 A qualifying student who has submitted an application in accordance with section 5.3 and who is dissatisfied with

 

(a) the amount specified by the Minister in the certificate of eligibility issued to the student, or

(b) the amount of a bursary provided by the Minister

may request that the studentís application be reviewed by the Student Aid Review Board.

Section 10

The existing provision is as follows:

8.1 A qualifying student who has submitted an application in accordance with section 5.3 and who is refused a certificate of eligibility on the basis that the student has a history of credit abuse may request that the studentís application be reviewed by the Credit Review Board.

Section 11

The existing provision is as follows:

8.2 There shall be a board to be known as the Credit Review Board, the members of which shall be appointed by the Lieutenant-Governor in Council in accordance with the regulations.

Section 12

(a) The existing provision is as follows:

8.3(1) The Credit Review Board shall

(a) review applications submitted to it, and

(b) transmit to the Minister in writing its conclusions and recommendations concerning the applications considered.

(b) The existing provision is as follows:

8.3(2) The Minister is not bound by a conclusion or recommendation transmitted to the Minister by the Credit Review Board.

(c) The existing provision is as follows:

8.3(3) Notwithstanding subsection 5(2), the Minister may, on the recommendation of the Credit Review Board, issue a certificate of eligibility under subsection 5(1) to a qualifying student who is a resident of the Province and who has a history of credit abuse.

Section 13

Under the new section 8.6 assistance that is provided by the Minister pursuant to the Youth Assistance Act to a person who is a minor and that is repayable to the Minister is recoverable by the Minister together with interest thereon from that person when that person is no longer a minor as if that person were not a minor at the time the assistance was provided.

 

Section 14

(a) A regulation-making authority is revised. The existing provision is as follows:

9 The Lieutenant-Governor in Council may make regulations Ö.

(k) prescribing the maximum amount of a grant that may be provided by the Minister under section 5.1;

(b) A regulation-making authority is revised. The existing provision is as follows:

9 The Lieutenant-Governor in Council may make regulations Ö.

(m) respecting the appointment of members of the Student Aid Review Board;

(c) A regulation-making authority is repealed. The existing provision is as follows:

9 The Lieutenant-Governor in Council may make regulations Ö.

(o) respecting the appointment of members of the Credit Review Board;

(d) A regulation-making authority is repealed. The existing provision is as follows:

9 The Lieutenant-Governor in Council may make regulations Ö.

(p) respecting the procedure to be followed in a review under section 8.1;

(e) A regulation-making authority is revised. The existing provision is as follows:

9 The Lieutenant-Governor in Council may make regulations Ö.

(q) respecting an allowance to be paid to the members of the Student Aid Review Board and the Credit Review Board;

Section 15

Transitional provision.