Bill C-271
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
|
|
|
House of Commons of Canada
|
|
|
BILL C-271 |
|
|
An Act respecting education benefits for
spouses and children of certain deceased
federal enforcement officials
|
|
|
|
|
|
SHORT TITLE |
|
Short Title
|
1. This Act may be cited as the Education
Benefits Act.
|
|
|
INTERPRETATION |
|
Definitions
|
2. The definitions in this section apply in
this Act.
|
|
``child'' « enfant »
|
``child'' means a child of a federal
enforcement official, including a natural
child, stepchild or adopted child.
|
|
``education
benefits'' « prestations d'éducation »
|
``education benefits'' means an allowance or
costs in respect of students to enable them
to continue their education or instruction
within an educational institution.
|
|
``educational
institution'' « établisse- ment d'enseigneme nt »
|
``educational institution'' means a technical
or vocational school, university, college or
other school of higher education in Canada
that provides training or instruction of an
educational, professional, vocational or
technical nature and is approved by the
Minister for the education or instruction of
students pursuant to this Act.
|
|
``federal
enforcement
official'' « agent fédéral de l'autorité »
|
``federal enforcement official'' means
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``Minister'' « ministre »
|
``Minister'' means such member of the
Queen's Privy Council for Canada as is
designated by the Governor in Council as
the Minister for the purposes of this Act.
|
|
``peace
officer'' « agent de paix »
|
``peace officer'' has the same meaning as in
the Criminal Code.
|
|
``spouse'' « époux »
|
``spouse'' means a person of the opposite sex
who is
|
|
|
|
|
|
|
|
``student'' « étudiant »
|
``student'' means a person who is a spouse or
child of a federal enforcement official who
has died from injuries received or illnesses
contracted in the discharge of their duty.
|
|
|
EDUCATION BENEFITS |
|
Application
|
3. This Act applies only to the surviving
spouse and children of a federal enforcement
official who has died from an injury received
or illness contracted in the discharge of their
duty on or after the day this Act comes into
force.
|
|
Surviving
spouse and
children only
|
4. No education benefits shall be paid under
this Act to or in respect of any person other
than the surviving spouse and children of the
federal enforcement official on account of
whose death the education benefits are
claimed.
|
|
Allowances
and costs of
instruction
|
5. The Minister may, in accordance with
this Act and the regulations and out of money
appropriated for that purpose by Parliament,
|
|
|
|
|
|
|
|
Amount of
allowance
|
6. (1) The amount of the monthly allowance
that may be paid to or in respect of the student
during the period in which the student pursues,
in an educational institution,
|
|
|
|
|
|
|
|
|
is, in the case of a child, equal to the monthly
rate of pension for one orphan child and, in the
case of a spouse, equal to the monthly rate of
a surviving spouse provided in Schedule II to
the Pension Act.
|
|
Total period
covered
|
(2) The total period for which education
benefits may be paid to or in respect of a
student under this Act shall
|
|
|
|
|
|
|
|
Costs
|
(3) The costs of education or instruction that
may be paid in respect of a student under this
Act shall include such tuition and other fees
and costs as may be prescribed by regulation.
|
|
Minister may
extend
|
(4) The Minister may extend the total
period for which education benefits may be
paid to or in respect of a student under this Act
if the Minister is of the opinion that the
student's progress and achievements in their
program of study or their personal
circumstances are such that it would be in the
interest both of the student and of the public
that the payments under section 5 be
continued during a further period.
|
|
Age
restriction -
child
|
7. (1) No education benefits shall be paid
under this Act in respect of a child who
|
|
|
|
|
|
|
|
|
except as may be necessary to enable the
student to complete the academic year in
which the student attains that age.
|
|
No age
restriction -
spouse
|
(2) For greater certainty, no age restrictions
exist in respect of the education benefits that
may be paid to a spouse under this Act.
|
|
Program limit
- child
|
8. (1) No education benefits shall be paid
under this Act to or in respect of a child for
|
|
|
|
|
|
|
|
Program limit
- spouse
|
(2) No education benefits shall be paid
under this Act to or in respect of a spouse for
more than one program of study that is
considered by the educational institution to be
equivalent to or be, in terms of years, an
undergraduate or a graduate program at a
university.
|
|
Proof of
enrolment
|
9. In support of each claim for education
benefits by a student enrolled in an
educational institution, the student shall
submit to the Minister, in a form satisfactory
to the Minister,
|
|
|
|
|
|
|
|
Failure to be
promoted
|
10. (1) Subject to subsection (2), no
education benefits shall be paid to or in respect
of a student for any education or instruction
obtained after the student fails to meet the
requirements of an educational institution for
promotion to the next succeeding level of the
full-time or part-time program of study that
the student is pursuing at that educational
institution.
|
|
|
(2) Where the student fails to meet the
requirements of an educational institution for
promotion to the next succeeding level of the
full-time or part-time program of study that
the student is pursuing at that educational
institution, the Minister may authorize the
continuation of education benefits if
|
|
|
|
|
|
|
|
Costs to
educational
institution
|
11. The Minister may, in accordance with
the regulations, pay to the educational
institution in which any student receiving
education benefits under this Act is taking
their program of education or instruction any
of the costs of the program that are payable to
the educational institution.
|
|
|
ANNUAL ADJUSTMENT OF ALLOWANCES |
|
Annual
adjustment
|
12. (1) Where any allowance has become
payable under this Act, the basic monthly
amount of that allowance shall be adjusted
annually, in such manner as may be prescribed
by the Governor in Council, so that the amount
payable for a month in any following year is
an amount equal to the product obtained by
multiplying
|
|
|
|
|
|
by
|
|
|
|
|
Meaning of
certain
references
|
(2) In this section and section 14,
|
|
|
|
|
|
|
|
Limitation
|
13. Notwithstanding anything in section 12,
the amount of any allowance that may be paid
to a person for a month in any calendar year
shall not, by reason only of that section, be less
than the amount of the allowance that was or
may be paid to that person for any month in the
immediately preceding calendar year.
|
|
Where basis
of Consumer
Price Index
changed
|
14. Where at any time the Consumer Price
Index for Canada, as published by Statistics
Canada under the authority of the Statistics
Act, is adjusted to reflect a new time basis or
a new content basis, a corresponding
adjustment shall be made in the Consumer
Price Index for any twelve month period that
is used for the purpose of calculating the
amount of any allowance that may be paid.
|
|
|
REGULATIONS |
|
Regulations
|
15. The Minister may make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|