GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Student Financial Assistance Act — S-22.7 16
Documents and information 16 Any (a) form or other document to be used in connection with giving financial assistance to students, or otherwise for the effective operation of this Act, or (b) information to be included in any document referred to in paragraph (a), in addition to the information otherwise required by this Act or the regulations to be included in such a document, must be either determined by the Minister or approved by the Minister.
Canada Student Financial Assistance Act — S-22.7 16.01
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. 2008, c. 28, s. 109
Canada Student Financial Assistance Act — S-22.7 16.02
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. 2008, c. 28, s. 109
Canada Student Financial Assistance Act — S-22.7 16.03
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. 2008, c. 28, s. 109
Canada Student Financial Assistance Act — S-22.7 16.1
Limitation period 16.1 (1) Subject to this section and section 16.2, no action or proceedings shall be taken to recover money owing under a student loan more than six years after the day on which the money becomes due and payable. Deduction and set-off (2) Money owing under a student loan may be recovered at any time by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty in right of Canada to the borrower or the estate or succession of the borrower. Acknowledgment of liability (3) If a borrower’s liability for money owing under a student loan is acknowledged in accordance with subsection (4), the time during which the limitation period has run before the acknowledgment does not count in the calculation of that period. Types of acknowledgments (4) An acknowledgment of liability means (a) a written promise to pay the money owing, signed by the borrower or his or her agent or other representative; (b) a written acknowledgment of the money owing, signed by the borrower or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the borrower or his or her agent or other representative of any money owing; or (d) any acknowledgment of the money owing made by the borrower, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts. Acknowledgment after expiry of limitation period (5) If a borrower’s liability for money owing under a student loan is acknowledged in accordance with subsection (4) after the expiry of the limitation period in respect of the loan, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment. Limitation period suspended (6) The running of a limitation period in respect of a student loan is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the borrower to recover money owing under the loan. Enforcement proceedings (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment. 2003, c. 15, s. 11
Canada Student Financial Assistance Act — S-22.7 16.3
Requirement to provide information or documents 16.3 (1) For the purpose of verifying compliance or preventing non-compliance with this Act, the Minister may, by notice served personally or by confirmed delivery service, require any person who has received financial assistance to provide to the Minister, within the time and in the manner that are stipulated in the notice, any information or document that is in their possession or to which they could reasonably be expected to have access. Copies as evidence (2) When a document is provided in accordance with subsection (1), the Minister may make, or cause to be made, one or more certified copies of it and any such copy is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way. 2009, c. 2, s. 362
Canada Student Financial Assistance Act — S-22.7 17
False statement or information 17 (1) Every person who, in respect of a student loan or other financial assistance to a student, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000. Limitation period (2) A prosecution for an offence under this Act may not be instituted later than six years after the time when the subject matter of the complaint arose. 1994, c. 28, s. 17; 2009, c. 2, s. 363
Canada Student Financial Assistance Act — S-22.7 17.1
Administrative measures 17.1 (1) If a person, in respect of a student loan or other financial assistance to a student, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, the Minister may (a) deny the person financial assistance for a prescribed period; (b) [Repealed, 2022, c. 19, s. 161] (c) deny the person the deferral of payments of principal or interest under section 8 for a prescribed period, or terminate the deferral; (d) deny the person payments of interest under subsection 9(2) for a prescribed period, or terminate the payments; (e) deny the person a gratuitous payment referred to in paragraph 15(1)(l); (f) [Repealed, 2022, c. 19, s. 161] (g) deny the person repayment of a student loan on an income-contingent basis referred to in paragraph 15(1)(o) for a prescribed period, or terminate repayment on an income-contingent basis; (h) require the person to immediately repay any outstanding amount of a student loan that they obtained by reason of the false statement or misrepresentation or the false or misleading information; or (i) require the person to immediately repay any grant that they obtained by reason of the false statement or misrepresentation or the false or misleading information. Outstanding student loans (2) If, before the day on which this section comes into force, a person knowingly made any false statement or misrepresentation, including by omission, in an application or other document or knowingly provided any false or misleading information, including by omission, in respect of a student loan that is outstanding on that day, the Minister may take any measure set out in paragraphs (1)(a) to (h). Notice (3) The Minister may not take any measure under subsection (1) or (2) without having given the person 60 days’ notice of the Minister’s intention to take the measure. Submissions (4) The person may make submissions to the Minister in respect of the measure at any time. Rescission or modification of measure (5) The Minister may rescind or modify a measure taken under subsection (1) or (2) if new facts are presented or the Minister considers that the measure was taken without knowledge of some material fact or on the basis of a mistake concerning one. Limitation or prescription (6) The Minister may not take any measure under subsection (1) or (2) later than six years after the day on which he or she becomes aware of the false statement or misrepresentation or the false or misleading information. 2009, c. 2, s. 363; 2011, c. 24, s. 156 2022, c. 19, s. 161
Canada Student Financial Assistance Act — S-22.7 18
Authority to enter into agreements and arrangements 18 The Minister may (a) enter into agreements or arrangements with any department, board or agency of the Government of Canada or any other public or private organization or agency to assist the Minister in carrying out the purposes and provisions of this Act; and (b) with the approval of the Governor in Council, enter into agreements or arrangements with the government of any province (i) to facilitate the administration or enforcement of this Act or to provide for administrative fees, and (ii) to harmonize and administer federal and provincial financial assistance programs for students.
Canada Student Financial Assistance Act — S-22.7 19
Payment out of C.R.F. 19 Any amount payable by the Minister under this Act, the regulations or an agreement or arrangement entered into under this Act, including any student loans to be advanced by the Minister, shall be paid out of the Consolidated Revenue Fund. 1994, c. 28, s. 19; 2000, c. 14, s. 21
Canada Student Financial Assistance Act — S-22.7 19.1
Chief Actuary to report 19.1 (1) The Chief Actuary of the Office of the Superintendent of Financial Institutions shall, no later than July 31, 2009, prepare and submit to the Minister a report on financial assistance provided under this Act in the loan year that ended on July 31, 2008. Subsequent reports (2) The Chief Actuary shall, no later than three years after the end of the loan year during which he or she previously submitted a report to the Minister under subsection (1) or under this subsection, prepare and submit to the Minister a subsequent report on financial assistance provided under this Act in the loan year or years since the last loan year covered by the previous report. The report shall cover a period that ends on the end of the loan year that precedes the submission of the report. Contents of report (3) The Chief Actuary shall include the following in a report made under this section: (a) an actuarial estimate of the current costs of financial assistance provided under this Act, and of revenues from that assistance; (b) an actuarial forecast of the costs of financial assistance that is to be provided under this Act for the 25 years that follow the last loan year that is covered by the report, and of revenues from that assistance; and (c) an explanation of all of the actuarial and economic assumptions and the actuarial methodology used in the preparation of the report. Report to be laid before Parliament (4) The Minister shall cause the report to be laid before the Senate and the House of Commons on the day after the day on which the report is submitted or, if that House is not then sitting, on any of the first 15 days afterwards that it is sitting. 2009, c. 2, s. 364
Canada Student Financial Assistance Act — S-22.7 20
Report to Parliament 20 (1) The Minister shall, each calendar year, prepare a report with respect to the administration of this Act during the loan year that ended in the immediately preceding calendar year, and shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed. Interest rates (2) The Minister, with the concurrence of the Minister of Finance and subject to the approval of the Governor in Council, shall fix a rate of interest, or a manner of determining a rate of interest, for the purposes of paragraph (a) of the description of B in the definitions net costs and total program net costs in subsection 14(6). 1994, c. 28, s. 20; 2003, c. 15, s. 12
Canada Student Financial Assistance Act — S-22.7 20.1
Interest-free period — loan to full-time student 20.1 (1) If a borrower ceased to be a full-time student at any time during the six months before the day on which section 325 of the Budget Implementation Act, 2019, No. 1 comes into force, no interest is payable by them on a student loan referred to in paragraph 7(1)(a), as it read on November 1, 2019, for the period that begins on that day and ends on the last day of the sixth month after the month in which the borrower ceased to be a full-time student. Interest-free period — loan to part-time student (2) If a borrower ceased to be a student, whether a part-time or full-time student, at any time during the six months before the day on which section 325 of the Budget Implementation Act, 2019, No. 1 comes into force, no interest is payable by them on a student loan referred to in paragraph 7(1)(b), as it read on November 1, 2019, for the period that begins on that day and ends on the last day of the sixth month after the month in which the borrower ceased to be a student, whether a part-time or full-time student. 2019, c. 29, s. 326 2022, c. 19, s. 162
Canada Student Financial Assistance Act — S-22.7 Coming into force
Coming into force * 29 This Act or any provision of this Act shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force August 1, 1995, see SI/95-77.]
Canada Student Financial Assistance Act — S-22.7 54
Student financial assistance 54 The repeal of paragraph 15(k) of the Canada Student Financial Assistance Act and section 41 of the Canada Student Financial Assistance Regulations does not affect the validity of the collection, use and disclosure of information, or the authorization of a borrower, made under those provisions.
Canada Student Financial Assistance Act — S-22.7 575
Delayed application 575 (1) Section 6.31 of the Canada Student Financial Assistance Act applies as of August 1, 2029 in relation to a qualifying student who (a) is registered in a program of studies during the loan year beginning on August 1, 2025; (b) in respect of that program of studies, receives financial assistance under that Act during that loan year or received financial assistance under that Act during a previous loan year; and (c) continues that program of studies at the same designated educational institution. Words and expressions (2) Unless the context otherwise requires, words and expressions used in subsection (1) have the same meaning as in the Canada Student Financial Assistance Act .
Statutory Instruments Act — S-22 1
Short title 1 This Act may be cited as the Statutory Instruments Act . 1970-71-72, c. 38, s. 1
Statutory Instruments Act — S-22
prescribed means prescribed by regulations made pursuant to this Act; ( Version anglaise seulement )
Statutory Instruments Act — S-22 (a)
regulation means a statutory instrument (a) made in the exercise of a legislative power conferred by or under an Act of Parliament, or (b) for the contravention of which a penalty, fine or imprisonment is prescribed by or under an Act of Parliament, and includes a rule, order or regulation governing the practice or procedure in any proceedings before a judicial or quasi-judicial body established by or under an Act of Parliament, and any instrument described as a regulation in any other Act of Parliament; ( règlement )
Statutory Instruments Act — S-22
regulation-making authority means any authority authorized to make regulations and, with reference to any particular regulation or proposed regulation, means the authority that made or proposes to make the regulation; ( autorité réglementaire )
Statutory Instruments Act — S-22 (a)
statutory instrument (a) means any rule, order, regulation, ordinance, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution or other instrument issued, made or established (i) in the execution of a power conferred by or under an Act of Parliament, by or under which that instrument is expressly authorized to be issued, made or established otherwise than by the conferring on any person or body of powers or functions in relation to a matter to which that instrument relates, or (ii) by or under the authority of the Governor in Council, otherwise than in the execution of a power conferred by or under an Act of Parliament, but (b) does not include (i) any instrument referred to in paragraph (a) and issued, made or established by a corporation incorporated by or under an Act of Parliament unless (A) the instrument is a regulation and the corporation by which it is made is one that is ultimately accountable, through a Minister, to Parliament for the conduct of its affairs, or (B) the instrument is one for the contravention of which a penalty, fine or imprisonment is prescribed by or under an Act of Parliament, (ii) any instrument referred to in paragraph (a) and issued, made or established by a judicial or quasi-judicial body, unless the instrument is a rule, order or regulation governing the practice or procedure in proceedings before a judicial or quasi-judicial body established by or under an Act of Parliament, (iii) any instrument referred to in paragraph (a) and in respect of which, or in respect of the production or other disclosure of which, any privilege exists by law or whose contents are limited to advice or information intended only for use or assistance in the making of a decision or the determination of policy, or in the ascertainment of any matter necessarily incidental thereto, or (iv) a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, a rule made by the Legislative Assembly of Yukon under section 16 of the Yukon Act , of the Northwest Territories under section 16 of the Northwest Territories Act or of Nunavut under section 21 of the Nunavut Act or any instrument issued, made or established under any such law or rule. ( texte réglementaire )
Statutory Instruments Act — S-22 3
Proposed regulations sent to Clerk of Privy Council 3 (1) Subject to any regulations made pursuant to paragraph 20(a), where a regulation-making authority proposes to make a regulation, it shall cause to be forwarded to the Clerk of the Privy Council three copies of the proposed regulation in both official languages. Examination (2) On receipt by the Clerk of the Privy Council of copies of a proposed regulation pursuant to subsection (1), the Clerk of the Privy Council, in consultation with the Deputy Minister of Justice, shall examine the proposed regulation to ensure that (a) it is authorized by the statute pursuant to which it is to be made; (b) it does not constitute an unusual or unexpected use of the authority pursuant to which it is to be made; (c) it does not trespass unduly on existing rights and freedoms and is not, in any case, inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights ; and (d) the form and draftsmanship of the proposed regulation are in accordance with established standards. Advise regulation-making authority (3) When a proposed regulation has been examined as required by subsection (2), the Clerk of the Privy Council shall advise the regulation-making authority that the proposed regulation has been so examined and shall indicate any matter referred to in paragraph (2)(a), (b), (c) or (d) to which, in the opinion of the Deputy Minister of Justice, based on that examination, the attention of the regulation-making authority should be drawn. Application (4) Paragraph (2)(d) does not apply to any proposed rule, order or regulation governing the practice or procedure in proceedings before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Tax Court of Canada or the Court Martial Appeal Court. R.S., 1985, c. S-22, s. 3; R.S., 1985, c. 31 (1st Supp.), s. 94, c. 51 (4th Supp.), s. 22; 2002, c. 8, s. 174; 2015, c. 33, s. 3(F)
Statutory Instruments Act — S-22 4
Doubt as to nature of proposed statutory instrument 4 Where any regulation-making authority or other authority responsible for the issue, making or establishment of a statutory instrument, or any person acting on behalf of such an authority, is uncertain as to whether a proposed statutory instrument would be a regulation if it were issued, made or established by that authority, it or he shall cause a copy of the proposed statutory instrument to be forwarded to the Deputy Minister of Justice who shall determine whether or not the instrument would be a regulation if it were so issued, made or established. R.S., 1985, c. S-22, s. 4; 2015, c. 33, s. 3(F)
Statutory Instruments Act — S-22 5
Transmission of regulations to Clerk of Privy Council 5 (1) Subject to any regulations made pursuant to paragraph 20(b), every regulation-making authority shall, within seven days after making a regulation, transmit copies of the regulation in both official languages to the Clerk of the Privy Council for registration pursuant to section 6. Copies to be certified (2) One copy of each of the official language versions of each regulation that is transmitted to the Clerk of the Privy Council pursuant to subsection (1), other than a regulation made or approved by the Governor in Council, shall be certified by the regulation-making authority to be a true copy thereof. R.S., 1985, c. S-22, s. 5; R.S., 1985, c. 31 (4th Supp.), s. 102; 2015, c. 33, s. 3(F)
Statutory Instruments Act — S-22 6
Registration of statutory instruments 6 Subject to subsection 7(1), the Clerk of the Privy Council shall register (a) every regulation transmitted to him pursuant to subsection 5(1); (b) every statutory instrument, other than a regulation, that is required by or under any Act of Parliament to be published in the Canada Gazette and is so published; and (c) every statutory instrument or other document that, pursuant to any regulation made under paragraph 20(g), is directed or authorized by the Clerk of the Privy Council to be published in the Canada Gazette . R.S., 1985, c. S-22, s. 6; 1993, c. 34, s. 113(F)
Statutory Instruments Act — S-22 7
Refusal to register 7 (1) Where any statutory instrument is transmitted or forwarded to the Clerk of the Privy Council for registration under this Act, the Clerk of the Privy Council may refuse to register the instrument if (a) he is not advised that the instrument was, before it was issued, made or established, determined by the Deputy Minister of Justice pursuant to section 4 to be one that would, if it were issued, made or established, not be a regulation; and (b) in his opinion, the instrument was, before it was issued, made or established, a proposed regulation to which subsection 3(1) applied and was not examined in accordance with subsection 3(2). Determination by Deputy Minister of Justice (2) Where the Clerk of the Privy Council refuses to register any statutory instrument for the reasons referred to in subsection (1), he shall forward a copy of the instrument to the Deputy Minister of Justice who shall determine whether or not it is a regulation. 1970-71-72, c. 38, s. 7