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| References in
other Act
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25.7 Every reference to ``Canada Health
and Social Transfer'' in any other Act of
Parliament is to be read as a reference
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(a) until March 31, 2004, to ``Canada
Health and Social Transfer and the Health
Reform Transfer''; and
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(b) after that date, to ``Canada Health
Transfer, the Canada Social Transfer and
the Health Reform Transfer''.
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| Report by
Ministers
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25.8 The Minister, the Minister of Health
and the Minister of Human Resources
Development may, together or individually,
prepare a report on the administration and
operation of this Part and have the report laid
before each House of Parliament.
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| 1994, c. 28
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| 2001, c. 27,
s. 219
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9. Paragraph (a) of the definition
``qualifying student'' in subsection 2(1) of
the Canada Student Financial Assistance
Act is replaced by the following:
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(a) who is a Canadian citizen, a
permanent resident within the meaning
of subsection 2(1) of the Immigration and
Refugee Protection Act or a protected
person within the meaning of subsection
95(2) of that Act ,
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| 2000, c. 14,
s. 19
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10. (1) The definitions ``net costs'' and
``total program net costs'' in subsection
14(6) of the Act are replaced by the
following:
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``net costs''
« coût net »
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``net costs'', for a province for a loan year,
means the amount determined by the
formula
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(A + B) - (C + D)
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A is the estimated aggregate of all
amounts paid by the Minister in that
loan year
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(a ) to lenders, service providers or
financial institutions under this Act,
the regulations or an agreement
entered into under section 5, 6.2 or 6.3,
to lenders under the Canada Student
Loans Act or the regulations made
under that Act, and to collection
agencies, in respect of student loans or
guaranteed student loans made
pursuant to certificates of eligibility
issued or caused to be issued in any
loan year by the appropriate authority
for that province, and
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(b ) to persons pursuant to regulations
made under paragraph 15(p),
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(c ) any amounts paid pursuant to
paragraph 5(e) or pursuant to
regulations made under paragraph
15(o) that provide for the repayment of
student loans by borrowers on an
income-contingent basis , and
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(d ) any provincial share paid pursuant
to an agreement or arrangement made
under subparagraph 18(b)(ii),
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B is the estimated aggregate of
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(a) the amount of interest calculated in
that loan year in respect of outstanding
loans referred to in the description of A
made under an agreement entered into
under section 6.1, at the rate of interest
fixed or determined in accordance
with subsection 20(2),
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(b) the amount by which the
outstanding principal in respect of all
loans referred to in paragraph (a) has
been reduced in that loan year in
accordance with the regulations,
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(c) the amount of the outstanding
principal and interest in respect of all
loans referred to in paragraph (a) for
which the Minister has, in that loan
year, cancelled the obligation to pay, in
accordance with the regulations, as a
result of the death or disability of the
borrower, and
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(d) the amount of the outstanding
principal and interest in respect of all
loans referred to in paragraph (a) for
which the Minister has commenced
collection action in that loan year,
minus the amount of the outstanding
principal and interest in respect of
loans referred to in that paragraph for
which the Minister has ended
collection action in that loan year due
to the occurrence of an event set out in
the regulations that resulted in the
removal of restrictions to financial
assistance,
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C is the estimated aggregate of all
amounts received by or on behalf of Her
Majesty in right of Canada in that loan
year, including any amount received
pursuant to the Financial
Administration Act, in respect of loans
referred to in the description of A, other
than loans made under an agreement
entered into under section 6.1 ,
excluding
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(a) any amounts received pursuant to
paragraph 5(e) or pursuant to
regulations made under paragraph
15(o) that provide for the repayment of
student loans by borrowers on an
income-contingent basis , and
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(b) any amounts received by or on
behalf of Her Majesty in right of
Canada in respect of a provincial share
paid pursuant to an agreement or
arrangement made under
subparagraph 18(b)(ii), and
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D is the estimated aggregate of
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(a) the amount of interest received by
or on behalf of Her Majesty in right of
Canada in that loan year in respect of
loans referred to in the description of A
that were made under an agreement
entered into under section 6.1, and
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(b) any amounts received in that loan
year pursuant to collection action
taken by the Minister in respect of
loans referred to in paragraph (a).
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``total
program net
costs''
« coût net
total du
programme »
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``total program net costs'', for a loan year,
means the amount determined by the
formula
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(A + B) - (C + D)
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A is the aggregate of all amounts paid by
the Minister in that loan year
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(a) to lenders, service providers or
financial institutions under this Act,
the regulations or an agreement
entered into under section 5, 6.2 or 6.3,
to lenders under the Canada Student
Loans Act or the regulations made
under that Act, and to collection
agencies, in respect of student loans or
guaranteed student loans made
pursuant to certificates of eligibility
issued or caused to be issued in any
loan year by the appropriate
authorities for participating provinces,
and
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(b) to persons pursuant to regulations
made under paragraph 15(p),
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(c) any amounts paid pursuant to
paragraph 5(e) or pursuant to
regulations made under paragraph
15(o) that provide for the repayment of
student loans by borrowers on an
income-contingent basis , and
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(d) any provincial share paid pursuant
to an agreement or arrangement made
under subparagraph 18(b)(ii),
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(a) the estimated amount of interest
calculated in that loan year in respect
of outstanding loans referred to in the
description of A made under an
agreement entered into under section
6.1, at the rate of interest fixed or
determined in accordance with
subsection 20(2),
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(b) the amount by which the
outstanding principal in respect of all
loans referred to in paragraph (a) has
been reduced in that loan year in
accordance with the regulations,
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(c) the amount of the outstanding
principal and interest in respect of all
loans referred to in paragraph (a) for
which the Minister has, in that loan
year, cancelled the obligation to pay, in
accordance with the regulations, as a
result of the death or disability of the
borrower, and
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(d) the amount of the outstanding
principal and interest in respect of all
loans referred to in paragraph (a) for
which the Minister has commenced
collection action in that loan year,
minus the amount of the outstanding
principal and interest in respect of
loans referred to in that paragraph for
which the Minister has ended
collection action in that loan year due
to the occurrence of an event set out in
the regulations that resulted in the
removal of restrictions to financial
assistance,
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C is the aggregate of all amounts received
by or on behalf of Her Majesty in right
of Canada in that loan year, including
any amount received pursuant to the
Financial Administration Act, in
respect of loans referred to in the
description of A, other than loans made
under an agreement entered into under
section 6.1 , excluding
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(a ) any amounts received pursuant to
paragraph 5(e) or pursuant to
regulations made under paragraph
15(o) that provide for the repayment of
student loans by borrowers on an
income-contingent basis , and
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(b ) any amounts received by or on
behalf of Her Majesty in right of
Canada in respect of a provincial share
paid pursuant to an agreement or
arrangement made under
subparagraph 18(b)(ii), and
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(a) the amount of interest received by
or on behalf of Her Majesty in right of
Canada in that loan year in respect of
loans referred to in the description of A
that were made under an agreement
entered into under section 6.1, and
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(b) any amounts received in that loan
year pursuant to collection action
taken by the Minister in respect of
loans referred to in paragraph (a).
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(2) Subsection 14(7) of the Act is replaced
by the following:
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| Exception
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(7) The following amounts shall be
included in the calculations described in the
definitions ``net costs'' and ``total program net
costs'' in subsection (6) only if the
government of the province satisfies the
Minister, by written notice received by the
Minister before the beginning of the loan year
in question, that, in relation to the matter in
question, the provincial student financial
assistance plan has substantially the same
effect as the plan established by this Act and
the regulations:
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(a) amounts that are determined as a result
of the application of subparagraph
5(a)(viii) or section 7, 10 or 11;
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(b) amounts in relation to programs
established by regulations made under
paragraph 15(l), (m), (n) or (p);
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(c) in respect of loans made under an
agreement entered into under section 6.1,
amounts in relation to a termination of the
Minister's rights or a reduction in the
outstanding principal resulting from the
operation of regulations made under
paragraph 15(o), other than regulations that
provide for the repayment of student loans
by borrowers on an income-contingent
basis; and
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(d) amounts in relation to programs
established by regulations made under
section 11 of the Canada Student Loans Act.
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| Negative
amounts
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(8) If the amount determined by the formula
``(A + B) - (C + D)'' in subsection (6) would,
but for this subsection, be a negative amount,
it is deemed to be zero.
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11. The Act is amended by adding the
following after section 16:
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| Limitation
period
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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.
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| Deduction
and set-off
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(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.
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| Acknowledg
ment of
liability
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(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.
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| Types of
acknowledgm
ents
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(4) An acknowledgment of liability means
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(a) a written promise to pay the money
owing, signed by the borrower or his or her
agent or other representative;
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(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;
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(c) a part payment by the borrower or his or
her agent or other representative of any
money owing; or
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(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.
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| Acknowledg
ment after
expiry of
limitation
period
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(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.
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| Limitation
period
suspended
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(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.
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| Enforcement
proceedings
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(7) This section does not apply in respect of
an action or proceedings relating to the
execution, renewal or enforcement of a
judgment.
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| Application
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16.2 (1) This section applies only in respect
of the recovery of money that became due and
payable under a student loan before the
coming into force of this section.
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| Limitation
period
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(2) Subject to this section, 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 limitation period
that applied before the coming into force of
this section started to run.
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| Prior
acknowledgm
ents
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(3) For the purposes of subsection (2), the
day of the most recent acknowledgment of a
borrower's liability in respect of money owing
under a student loan is deemed to be the day
on which the limitation period started to run if
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(a) the acknowledgment was made before
the coming into force of this section; and
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(b) under the law applicable at the time of
the acknowledgment, the time during
which the limitation period ran before the
acknowledgment did not count in the
calculation of that period.
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| Deduction
and set-off
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(4) 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.
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| Acknowledg
ment of
liability
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(5) If, on or after the day on which this
section comes into force, a borrower's
liability for money owing under a student loan
is acknowledged in accordance with
subsection (6), the time during which the
limitation period has run before the
acknowledgment does not count in the
calculation of that period.
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| Types of
acknowledgm
ents
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(6) For the purposes of subsections (5) and
(7), an acknowledgment of liability means
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(a) a written promise to pay the money
owing, signed by the borrower or his or her
agent or other representative;
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(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;
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(c) a part payment by the borrower or his or
her agent or other representative of any
money owing; or
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(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.
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| Acknowledg
ment after
expiry of
limitation
period
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(7) If, after the expiry of the limitation
period in respect of a student
loan - including any limitation period that
expired before the coming into force of this
section - and on or after the day on which
this section comes into force, a borrower's
liability for money owing under the loan is
acknowledged in accordance with subsection
(6), an action or proceedings to recover the
money may, subject to subsections (5) and (8),
be brought within six years after the date of the
acknowledgment.
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| Limitation
period
suspended
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(8) The running of a limitation period in
respect of a student loan is, commencing on
the day on which this section comes into force,
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.
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| Statutory bar
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(9) Subject to subsection (7), if the
limitation period in respect of a student loan
expired before the coming into force of this
section, no action or proceeding shall be taken
to recover money owing under the loan.
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