Student Financial Assistance Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.S-14
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites
Cited by
Contents
1. Definitions 2. Forms of assistance 3. Repealed 4. Repealed 5. Application 5.1. 5.1 6. Repealed 7. 7 8. Notice 8.1. Request for review 8.2. Appeal Board 8.3. Appeal 9. Fund 10. Loans 11. Repealed 12. Definition: Public Accounts 13. Funding 14. Regulations 15. Transitional SCHEDULE (Paragraph
Regulations
Student Financial Assistance Regulations

Definitions

1.

In this Act,

"Deputy Minister" means Deputy Minister of the department of the Government of the Northwest Territories that administers this Act; (sous-ministre)

"Fund" means the Students Loan Fund established under section 9(1); (Fonds)

"student financial assistance" means the financial assistance set out in section 2. (aide financière aux étudiants) RSNWT 1988,c.26(Supp.),s.2; 1993, c.15,s.2.

STUDENT FINANCIAL ASSISTANCE

Forms of assistance

2.

Subject to and in accordance with this Act and the regulations, student financial assistance may be provided in the form of a grant, scholarship, loan or in any other form that is prescribed to a person who is eligible for student financial assistance.

3.

Repealed, RSNWT 1988,c.26(Supp.),s.3.

4.

Repealed, RSNWT 1988,c.26(Supp.),s.3.

Application

5.

(1) Applications for student financial assistance must be submitted to the Deputy Minister.

Eligibility

(2) The Deputy Minister shall determine the eligibility of applicants for student financial assistance in accordance with this Act and the regulations.

Duties of Deputy Minister

(3) The Deputy Minister shall

(a) award scholarships in accordance with this Act and the regulations to eligible applicants;

(b) award grants in accordance with this Act and the regulations to eligible applicants; and

(c) recommend to the Minister that loans be made to eligible applicants in accordance with this Act and the regulations.

RSNWT 1988, c.26 (Supp.),s.4.

5.1.

RSNWT 1988, c.26(Supp.),s.4; Repealed, SNWT 2001,c.4,s.2.

6.

Repealed, RSNWT 1988,c.26(Supp.),s.4; 1993,c.15,s.3.

7.

Repealed RSNWT 1988,c.26(Supp.),s.4; 1993,c.15,s.3.

Notice

8.

The Deputy Minister shall, within 15 days after a decision being made to award or to refuse student financial assistance, send a notice to the applicant setting out that

(a) student financial assistance is to be awarded to the applicant and the type, amount and terms of the assistance; or

(b) the application for student financial assistance has been refused and the reason for the refusal.

RSNWT 1988,c.26(Supp.),s.4.

REVIEW AND APPEAL

Request for review

8.1.

(1) An applicant who

(a) is refused a grant or a loan on the ground that the applicant is considered ineligible, or

(b) is subject to a decision to award a grant or a loan for a shorter period or in a lesser amount than that for which the applicant considers himself or herself eligible,

may, within 30 days after receiving notice of the decision, request that the Deputy Minister cause the decision to be reviewed.

Designation of employee

(2) On receiving a request for a review, the Deputy Minister shall designate an employee within the department of the Government of the Northwest Territories that administers this Act to review the decision.

Powers on review

(3) The person reviewing a decision may affirm, reverse or vary the decision.

Notice

(4) The person who reviewed a decision shall, within 15 days after the completion of the review, send a notice to the applicant setting out whether the decision has been affirmed, reversed or varied and the reasons for the affirmation, reversal or variation. RSNWT 1988, c.26(Supp.),s.4; SNWT 2001, c.4, s.4.

Appeal Board

8.2.

(1) The Student Financial Assistance Appeal Board is established, composed of five members appointed by the Minister.

Student member

(2) One of the members of the Student Financial Assistance Appeal Board must

(a) be a current post-secondary student; or

(b) have been a post-secondary student not more than five years prior to the member’s appointment.

Term of office

(3) A member of the Student Financial Assistance Appeal Board shall be appointed for a term not exceeding four years.

Vacancy

(4) Where a vacancy occurs on the Student Financial Assistance Appeal Board, the Minister may appoint a person to fill the vacancy for the unexpired term of office of the member being replaced.

Quorum

(5) Three members of the Student Financial Assistance Appeal Board constitute a quorum. SNWT 2001,c.4,s.4; SNWT 2018,c.22,s.2.

Appeal

8.3.

(1) An applicant who has been advised that a decision has been affirmed, reversed or varied under subsection 8.1(3), may, in accordance with the regulations, appeal the decision as affirmed, reversed or varied to the Student Financial Assistance Appeal Board.

Powers on appeal

(2) The Student Financial Assistance Appeal Board may affirm, reverse or vary a decision appealed to it.

Decision final

(3) The decision of the Student Financial Assistance Appeal Board is final. SNWT 2001, c.4,s.4.

LOANS

Fund

9.

(1) A special account called the Students Loan Fund shall be established in the Consolidated Revenue Fund.

Amounts credited to Fund

(2) The following shall be credited to the Fund:

(a) all repayments of principal on loans made under this Act;

(b) the amount of all loans remitted under section 12;

(c) the principal amount of all loans made under this Act that are written off under the Financial Administration Act.

Report

(3) The Minister shall report annually to the Legislative Assembly on the operation of the Fund during the previous fiscal year.

Loans

10.

(1) The Commissioner, on the recommendation of the Minister, may make loans in accordance with this Act and the regulations for the purpose of providing financial assistance to post-secondary students.

Consolidated Revenue Fund

(2) Subject to subsection (3), the Commissioner may advance out of the Consolidated Revenue Fund the amounts that are required for the purpose of subsection (1).

Prohibition

(3) No loan shall be made under this Act that would cause the aggregate of the principal amounts outstanding in respect of

(a) all loans made to one person to exceed $90,000; or

(b) all loans made under this Act to exceed the amounts set out in the Schedule for the fiscal years indicated in the Schedule.

SNWT 2000,c.6.s.2; SNWT 2007,c.18,s.2; SNWT 2024,c.11,s.2.

11.

Repealed, RSNWT 1988,c.26(Supp.),s.5.

Definition: Public Accounts

12.

(1) In this section, "Public Accounts" means Public Accounts as defined in section 1 of the Financial Administration Act.

Remission

(2) The Commissioner may, on the recommendation of the Minister, remit all or part of an outstanding loan made under this Act.

Personal information

(3) The personal information of an individual granted remission of all or part of a loan made under this Act shall not be included in the Public Accounts.

Application

(4) This section applies notwithstanding the Financial Administration Act. SNWT 2020,c.15,s.2.

Funding

13.

Except for the principal amount of loans made under this Act, the amount of all student financial assistance, including the provisions for loans to be remitted or written off, must be made out of funds appropriated for that purpose.

REGULATIONS

Regulations

14.

(1) On the recommendation of the Minister, the Commissioner may make regulations that the Commissioner considers necessary to carry out the purposes of this Act and, without limiting the generality of this power to make regulations, may make regulations

(a) Repealed, 1993,c.15,s.4.

(b) Repealed, 2001,c.4,s.5.

(c) Repealed, 1993,c.15,s.4.

(d) Repealed, 1993,c.15,s.4.

(e) respecting the procedures for dealing with applications for student financial assistance;

(f) prescribing the terms and conditions on which student financial assistance is awarded;

(g) prescribing other forms of student financial assistance in addition to scholarships, grants and loans;

(h) prescribing the duties and powers of the Minister, the Deputy Minister and other persons in respect of the prescribed forms of student financial assistance;

(h.1) respecting the appeal of decisions with respect to other forms of student financial assistance prescribed under paragraph (g);

(i) prescribing categories of student financial assistance within any form of student financial assistance;

(j) prescribing the amount or maximum amount or a means of establishing the amount for a form or category of student financial assistance and, where appropriate, setting out the criteria or rules by which the amount awarded shall be determined;

(k) prescribing the matters to which the monetary amount of student financial assistance is referrable, where appropriate;

(l) prescribing the circumstances under which a grant shall be deemed to be a loan;

(m) regarding the terms and conditions of repayment of loans, including the rate of interest and the date of commencement of calculation of interest;

(n) prescribing

(i) the conditions on which and manner in which a loan may be remitted, and

(ii) the classes of persons whose loans may be remitted, in whole or in part;

(o) prescribing that the Minister may limit the number of grants that may be awarded in any one year;

(p) prescribing criteria for eligibility for any form or category of student financial assistance;

(q) prescribing the duration of student financial assistance and varying the duration depending on the criteria referred to in paragraph (p);

(r) restricting the time within which student financial assistance may be applied for or taken up;

(s) providing for the termination of student financial assistance

(i) where the terms and conditions are breached,

(ii) where a person formerly eligible for student financial assistance ceases to be eligible, or

(iii) for other prescribed reasons;

(t) prescribing reasons for which student financial assistance may be terminated;

(u) prescribing the manner and time of paying student financial assistance;

(v) prescribing the manner and time for communication with approved institutions with respect to student financial assistance;

(w) providing for the manner of proof of registration at approved institutions;

(x) respecting the proceedings in appeals under section 8.3; and

(y) prescribing any matter or thing that by this Act may or is to be prescribed.

Eligibility

(2) The criteria referred to in paragraph (1)(p) may include, but are not limited to,

(a) the extent and nature of the residence and schooling of the applicant in the Territories;

(b) the provision of an affirmative action program for the descendants of a tribe or race of aboriginal peoples that have historically inhabited the Territories;

(b.1) the provision of an affirmative action program for persons who have a disability;

(c) the academic qualifications of the applicant; and

(d) the extent and nature of the residency in the Territories of the persons who have lawful custody of the applicant.

Variations

(3) Regulations made under subsection (1) may contain variations depending on

(a) the type and location of an approved institution; and

(b) the ordinary place of residence of a student.

RSNWT 1988,c.26(Supp.),s.6; 1993,c.15,s.4; SNWT 1998,c.17,s.27; SNWT 2001,c.4,s.5.

TRANSITIONAL

Transitional

15.

In evaluating the eligibility of a person for a grant, any period in respect of which the person received a grant under

(a) the Students Grants Ordinance, R.S.N.W.T. 1974,c.S-11,

(b) the Student Grants and Bursaries Ordinance, SNWT 1979(1),c.7, or

(c) subsection 13(1) of the Student Financial Assistance Act, SNWT 1982(2),c.5,

shall be deducted from any period in respect of which the person may otherwise be eligible under this Act for a grant.

SCHEDULE (Paragraph

10(3)(c))

Maximum Aggregate of Principal Amounts Outstanding in Fiscal Year Respect of All Loans

1. 2024-2025 $45,000,000

2. 2025-2026 $55,000,000 and subsequent fiscal years

RSNWT 1988,c.25(Supp.),s.1; c.61(Supp.),s.3; 1991-92,c.32,s.1; SNWT 1994,c.35,s.1; SNWT 1997,c.6,s.1; SNWT 1998,c.25,s.1; SNWT 2000,c.6,s.3; SNWT 2009,c.8,s.3; SNWT 2012,c.7,s.2; SNWT 2014,c.22,s.2; SNWT 2025,c.15,s.2.