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S.M. 2001, c. 13
THE STUDENT AID ACT
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(Assented to July 6, 2001)
WHEREAS the opportunity for students to pursue and successfully complete a post-secondary education contributes significantly to the economic and social development of our province;
AND WHEREAS it is in the public interest that high quality post-secondary education be accessible and affordable and that there be fair and equitable entitlement to student aid;
AND WHEREAS it is in the public interest that Manitobans who pursue post-secondary education not be faced with unmanageable debt loads upon completion of their studies;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)
"program year" means a 12-month period established in the regulations; (« année de programme »)
"service provider" means
(a) a financial institution or other corporation,
(b) a department, branch or agency of the government, or
(c) the Government of Canada or the government of any other province. (« fournisseur de services »)
MANITOBA STUDENT AID PROGRAM
2 There is hereby established a program, to be known as "The Manitoba Student Aid Program", consisting of
(a) the Manitoba Bursary;
(b) Manitoba Student Loans; and
(c) any other awards provided for in the regulations.
3(1) The minister shall provide a Manitoba Bursary in accordance with the regulations to a post-secondary student who applies, and who meets the criteria set out in the regulations.
3(2) A Manitoba Bursary is subject to the terms and conditions that are prescribed in the regulations, and may be paid
(a) to a person;
(b) on behalf of a person to reduce his or her debt on loans obtained under this Act, The Education Administration Act, the Canada Student Loans Act, or the Canada Student Financial Assistance Act; or
(c) in any other manner prescribed in the regulations.
4(1) The minister may, with the approval of the Lieutenant Governor in Council, enter into agreements with service providers to facilitate the administration of The Manitoba Student Aid Program.
4(2) An agreement under subsection (1) may provide for
(a) the payment by students or by the government, or both, of interest on loans;
(b) a guarantee by the government of all or part of a loan;
(c) the payment of risk premiums by the government to service providers;
(d) the procedures to be followed by a service provider in making, collecting or otherwise dealing with student loans and other forms of student aid;
(e) the making of reports to the minister respecting student aid;
(f) the payment of compensation to the service provider for administering student aid;
(g) any other obligation of service providers, students and the government in relation to loans; and
(h) any other matter the parties to the agreement consider appropriate.
4(3) The minister may assign a loan under this Act to a service provider on any terms and conditions that the minister considers appropriate, and the minister may guarantee the repayment of any loan so assigned, including interest or other charges on the loan.
5(1) Within six months after the end of each program year, the minister shall prepare an annual report of the operations of The Manitoba Student Aid Program during that program year. The report must include the following information in respect of the program year:
(a) the total amount of all student aid provided;
(b) the number of students who received
(i) a bursary,
(ii) a student loan,
(iii) any other award; and
(c) the average amount of each bursary, loan, or award made.
5(2) The minister shall lay a copy of the report before the Legislative Assembly within 15 days after preparing it if the Assembly is sitting or, if it is not, within 15 days after the beginning of the next sitting.
6 The Minister of Finance may pay to the minister, from and out of the Consolidated Fund, with moneys authorized by an Act of the Legislature to be so paid and applied, such amounts as the minister requisitions from time to time for the purposes of this Act.
7(1) A person who, orally or in writing, intentionally makes a false statement or misrepresentation or gives false or misleading information for the purpose of obtaining a bursary, loan or award is guilty of an offence and is liable on summary conviction to a fine of not more than $5,000.
7(2) A prosecution under this Act may be commenced not later than three years after the day the alleged offence was committed.
8 If a person is convicted of an offence under this Act, the Canada Student Loans Act or the Canada Student Financial Assistance Act,
(a) no student aid is payable to, or on behalf of, the person under this Act; and
(b) the person must, if the minister demands it, repay to the minister all student aid paid to or on behalf of the person under this Act.
9 The Lieutenant Governor in Council may make regulations
(a) prescribing eligibility requirements for bursaries, loans and awards;
(b) prescribing the amounts of bursaries, loans and awards and the methods of calculating them, including fixing a maximum amount that may be awarded or loaned to a student;
(c) prescribing the terms and conditions under which bursaries, loans and awards may be made to students;
(d) defining types, classes, or subclasses of bursaries, loans and awards;
(e) providing for the recovery of all or part of any loan or award made under this Act to a student who was not eligible for it, or who fails to comply with any of the terms or conditions under which the loan or award was made;
(f) restricting or prohibiting bursaries, loans or awards to a person who has defaulted on repayment, or made a misrepresentation, in respect of a past loan or award;
(g) respecting forms and providing for their use;
(h) prescribing the rate of interest payable by the minister or a student to a financial institution on a guaranteed student loan;
(i) defining any word or expression used but not defined in this Act;
(j) respecting any matter necessary or advisable to carry out the purposes of this Act.
10 The minister may delegate to any person any power conferred or duty imposed on the minister by this Act, except the power to make regulations.
11 The Manitoba Student Assistance Program Regulation, Manitoba Regulation 120/93, continues in force as if made under this Act until it is replaced, repealed or amended under this Act.
12 This Act may be referred to as chapter S211 of the Continuing Consolidation of the Statutes of Manitoba.
13 This Act comes into force on the day it receives royal assent.