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Alberta Regulation 103/2012
Student Financial Assistance Act
STUDENT FINANCIAL ASSISTANCE AMENDMENT REGULATION
Filed: June 13, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 192/2012) 
on June 12, 2012 pursuant to section 22 of the Student Financial Assistance Act. 
1   The Student Financial Assistance Regulation 
(AR 298/2002) is amended by this Regulation.
Part 1 
Schedule 1 Amendments

2   Schedule 1 is amended by this Part.

3   Section 1(1) is amended 
	(a)	by repealing clause (a);
	(b)	in clause (b) by striking out ", and includes any 
repayment, payment, remission, relief or adjustment under 
section 28";
	(c)	by repealing clauses (c), (d), (g) and (k).

4   Section 1(4) is amended by striking out "2.1, 24(1)(g), 
30(1)(b) and (c) and (2), 31(10) and (12), 32(1)(e)(ii)(B), 33(b), 36(3) 
and 37" and substituting "32(1)(e)(ii) and 33(b)".

5   Sections 2, 2.1, 3(1), 5, 6, 8, 9, 10, 11, 12 and 13(1) are 
repealed.

6   Section 13 is amended 
	(a)	in subsection (2) by adding "President of Treasury 
Board and" before "Minister of Finance";
	(b)	in subsection (3) by striking out "(1) or".

7   Sections 14 and 15, the heading preceding section 16 
and sections 16, 17, 18, 19, 20, 21, 22 and 23 are repealed.

8   Section 24 is amended
	(a)	in subsection (1)
	(i)	by repealing clauses (b), (c), (e), (g) and (h);
	(ii)	in clause (i) by striking out ", and "non-participating 
credit institution" means a credit institution that has 
not,";
	(b)	by repealing subsection (2).

9   Sections 26, 27, 28, 30 and 31 are repealed.

10   Section 32 is amended
	(a)	in subsection (1)
	(i)	by repealing clause (b);
	(ii)	by adding "and" at the end of clause (d);
	(iii)	by repealing clause (e)(ii) and substituting the 
following:
	(ii)	with respect to any other claims, within 9 months 
of the student borrower's ceasing to be a full-time 
student.
	(iv)	by repealing clause (f) and the word "and" 
preceding it;
	(b)	in subsection (2) by striking out "(1)(e)(ii)(A)" and 
substituting "(1)(e)(ii)".

11   Section 33 is amended 
	(a)	in clause (b) by striking out "a consolidation of 
guaranteed loans agreement or"; 
	(b)	in clause (c) by striking out "consolidation of 
guaranteed loans agreement or consolidation of riskshared 
and guaranteed loans agreement, unless that date falls within 
a period of relief granted under section 31" and 
substituting "consolidation of riskshared and guaranteed 
loans agreement".

12   Sections 34, 35, 36, 37 and 38(b), the heading preceding 
section 39 and section 39 are repealed.
Part 2 
Schedule 2 Amendments

13   Schedule 2 is amended by this Part.

14   Section 1(1) is amended 
	(a)	by repealing clause (e) and substituting the 
following:
	(e)	"direct loan" means financial assistance in the form of a 
loan from the Government, and includes
	(i)	a guaranteed or a riskshared loan referred to in, 
and converted by or under, section 26(1), (2) or (3) 
or section 26.1(1) or (2), or
	(ii)	a grant overpayment within the meaning of section 
14.2(1)(b) that is added or converted under section 
14.2(3)(b) or (c),
		that becomes a direct loan by virtue of that provision;
	(b)	in clause (g) by adding "and any repayment assistance 
within the meaning of section 24(1)(d)" after "30";
	(c)	in clause (m) by striking out "referred to in section 
16(1)".

15   Section 1(2)(c) is amended by striking out "for the 
purposes of Part 2" and substituting "within the meaning of 
subsection 95(2)".

16   Section 1(5) is amended by striking out "24(1)(a), 32(a) 
and (b) and 33(6) and (8)" and substituting "24(1)(c), 26 and 
32(1)(a) and (b)".

17   Section 8 is amended 
	(a)	in subsection (2) by striking out "parents, spouse and" 
and substituting "spouse or";
	(b)	in subsection (3)
	(i)	by adding a comma after "otherwise";
	(ii)	by striking out "or" at the end of clause (e);
	(iii)	in clause (f)
	(A)	by striking out "Schools" and substituting 
"Training";
	(B)	by striking out "9(d)" and substituting 
"9(1)(d)";
	(iv)	by adding the following after clause (f):
	(g)	is allowed to make affordable payments referred to 
in section 34(2), or
	(h)	where applicable, has not completed the affordable 
payment requirements of section 34 by the end of 
the period set by the Minister under section 34(2).

18   Section 9 is amended
	(a)	in subsection (1) by adding "for the purposes of this 
Schedule" after "a program of study";
	(b)	by adding the following after subsection (1):
(1.1)  The Minister shall not approve an educational 
institution under section 1(1)(m) of the Act unless the 
Minister considers that the institution's loan repayment rate 
is at an acceptable level.
	(c)	in subsection (2)
	(i)	by adding ", for the purposes of this Schedule," after 
"may";
	(ii)	in clause (b) by adding "or to meet the loan 
repayment rate referred to in subsection (1.1)" after 
"(1)(d)".

19   Section 13 is amended
	(a)	by adding "President of Treasury Board and" before 
"Minister of Finance" wherever it occurs;
	(b)	in subsection (1)
	(i)	in clause (a) by striking out "11(1)" and 
substituting "11(1)(a)";
	(ii)	in clause (d)
	(A)	by striking out "or" at the end of subclause 
(i);
	(B)	in subclause (ii) by striking out "parents, 
spouse or common law partner" and 
substituting "spouse or common law partner, 
or";
	(C)	by adding the following after subclause 
(ii):
	(iii)	the address or financial circumstances of the 
student's parents, if that information has 
previously been provided to the Minister for 
the purposes of a federal program referred to 
in section 3 of the Act;

20   The following is added after section 14:
Collection and disclosure of information
14.1(1)  In this section, "personal information" means personal 
information within the meaning of the Freedom of Information and 
Protection of Privacy Act.
(2)  The Minister may collect any personal information from a 
student about the student's parents, spouse or common law partner 
that the student provides under this Schedule or an agreement or that 
is needed for the proper administration of this Schedule (including a 
program referred to in section 13(1)(d)(iii)).
Repayment of all or part of grant or bursary
14.2(1)  In this section,
	(a)	"grant" means a grant or bursary under the repealed 
legislation or under this Schedule, whether given before or 
after the commencement of this section;
	(b)	"grant overpayment" means
	(i)	the whole of the grant, if subsection (2)(a) applies, or
	(ii)	the part of the grant referred to in subsection (2)(b), if 
that clause applies.
(2)  Without limiting the application of section 14, if the Minister 
considers that a student who received a grant was not entitled to 
receive all or part of that grant, the Minister may, by giving written 
notice to the student, require the student to repay, within the period 
specified and according to which circumstance is applicable,
	(a)	the whole of the grant, if the Minister considers that no grant 
should have been paid at all, or
	(b)	the part of the grant that the Minister considers should not 
have been paid.
(3)  The Minister may
	(a)	require the student to make the required grant overpayment 
payments to the Crown, 
	(b)	if the student has a direct loan, add the amount of the grant 
overpayment to the balance of that direct loan, or
	(c)	if the student does not have a direct loan, convert the amount 
of the grant overpayment to a direct loan that is deemed to be 
made under this Schedule by virtue of this subsection and set 
the terms and conditions of that direct loan.
(4)  It is a condition of a grant that a student must enter into any 
agreement that, and in the form that, the Minister requires under 
section 13(1)(e) regarding the payment of the grant overpayment.
(5)  For the purposes of this section, grants paid under the repealed 
legislation are deemed to have been paid under this Schedule.

21   Section 15.1 is amended by adding "President of Treasury 
Board and" before "Minister of Finance".

22   Section 16 is amended 
	(a)	in subsection (1) by striking out ", or" at the end of 
clause (a) and repealing clause (b);
	(b)	by repealing subsection (3).

23   Section 18(3) is amended
	(a)	by striking out "for which loans are provided and";
	(b)	by adding "and" at the end of clause (a), striking out 
", and" at the end of clause (b) and repealing clause 
(c).

24   Section 19 is amended by adding "and" at the end of 
clause (a), striking out ", and" at the end of clause (b) and 
repealing clause (c).

25   Sections 20, 21 and 22 are repealed.

26   The following is added before section 23:
Completion incentive grants
22.1(1)  The Minister may award assistance in the form of a 
Completion Incentive Grant, in an amount not exceeding $2000, to 
support the enrolment by a student in the final semester of a program 
of study.
(2)  A grant under subsection (1) may only be awarded before the 
last day of the final semester.
(3)  If the Minister is satisfied that more in monetary assistance has 
been received by or on behalf of a student than the student is eligible 
to receive, the Minister may deduct the amount of the overpayment 
from any grant money awarded under this section in respect of that 
student.
(4)  If a student has defaulted in paying money under, or has 
otherwise acted in breach of the terms of, any monetary assistance 
scheme administered by the Minister, the Minister may apply grant 
money awarded to be paid under this section against the money 
owing by the student under the scheme.

27   Section 24 is amended 
	(a)	by repealing subsection (1)(a) and (b) and 
substituting the following:
	(a)	"credit institution" means a credit institution that has 
entered into an agreement with the Minister under 
section 9 of the Act;
	(b)	"guaranteed loan" means a loan to a student by a credit 
institution that is guaranteed by the Government;
	(c)	"interest free period" means the continuous period 
commencing when a person became a full-time student 
or a part-time student and continuing until the last day 
of the 6th month following the month in which the 
person ceases to be such a student, but treating any 
break of 6 months or, in the case of a person on parental 
leave, 12 months or less between the times the person 
ceased to be a full-time or part-time student and 
subsequently became a full-time or a part-time student 
again as not breaking that continuity;
	(d)	"repayment assistance plan" means the repayment 
options established by the Minister to provide borrowers 
with
	(i)	short-term assistance if facing temporary financial 
difficulties, or
	(ii)	long-term assistance if facing persistent financial 
difficulties 
		in repaying their direct loans, and "repayment 
assistance" means assistance in any form under that 
plan;
	(e)	"riskshared loan" means a loan under an agreement 
between a credit institution and a student involving the 
payment of a risk premium by the Government to that 
credit institution.
	(b)	in subsection (2)
	(i)	by striking out "subsection (1)(a)" and 
substituting "subsection (1)(c)";
	(ii)	by adding "or a part-time student" after "student";
	(c)	by adding the following after subsection (2):
(3)  The repayment options referred to in subsection (1)(d) may 
operate wholly or partly in conjunction with the repayment 
assistance plan under Part V of the Canada Student Financial 
Assistance Regulations (SOR/95-329). 

28   Section 26 is repealed and the following is substituted:
Transfer and conversion of old loans following return
26(1)  Where a person returns to being a full-time student or a 
part-time student and has outstanding a guaranteed loan made under 
the repealed legislation with a credit institution, that loan is 
automatically transferred to the Government and converted to a 
direct loan.
(2)  Where a person returns to being a full-time student or a part-time 
student and has outstanding a riskshared loan made under the 
repealed legislation with a credit institution, the Minister may, if
	(a)	150 days has not yet passed since the last regular instalment 
of principal and interest was paid in full, and
	(b)	the student has never been declared bankrupt or filed a 
proposal for protection under the Bankruptcy and Insolvency 
Act (Canada),
transfer that loan to the Government and convert it to a direct loan. 
(3)  Where a person returns to being a full-time student or a part-time 
student, is to receive a direct loan and had outstanding a guaranteed 
loan or a riskshared loan made under the repealed legislation with a 
credit institution that was transferred to the Government, the 
Minister may convert that transferred loan to a direct loan.
(4)  A loan that is converted to a direct loan by or under this section 
is deemed to be made under this Schedule by virtue of this section.
Transfer and conversion of old loans where repayment assistance
26.1(1)  Where a student 
	(a)	has outstanding a guaranteed loan made under the repealed 
legislation with a credit institution, 
	(b)	has submitted an application for repayment assistance, and
	(c)	has been held pre-qualified or been approved for repayment 
assistance as meeting the criteria referred to in section 
34(2)(a) and (b),
that loan is automatically transferred to the Government and 
converted to a direct loan.
(2)  Where a student 
	(a)	has outstanding a riskshared loan made under the repealed 
legislation with a credit institution,
	(b)	has submitted an application for repayment assistance, and
	(c)	has been held pre-qualified or been approved for repayment 
assistance as meeting the criteria referred to in section 
34(2)(a) and (b),
the Minister may, subject to subsection (3), transfer the loan to the 
Government and convert it to a direct loan.
(3)  The Minister may make the transfer and conversion under 
subsection (2) only if
	(a)	150 days has not yet passed since the last regular instalment 
of principal and interest was paid in full, and
	(b)	the student has never been declared bankrupt or filed a 
proposal for protection under the Bankruptcy and Insolvency 
Act (Canada).
(4)  A loan that is converted to a direct loan by or under this section 
is deemed to be made under this Schedule by virtue of this section.

29   Section 27(a) is amended by striking out 
"non-participating".

30   Section 30(8) is amended by striking out "(including 
federal)".

31   Section 32 is amended 
	(a)	in subsection (1) by adding "or a part-time student" 
after "full-time student" wherever it occurs;
	(b)	in subsection (1)(b)(ii) by striking out "24(1)(a)" and 
substituting "24(1)(c)".

32   Section 33 is repealed. 

33   The following is added at the end of the Regulation:
Repayment assistance after interest free period
34(1)  In this section, 
	(a)	"family income" means the aggregate income in the period in 
question from employment, social programs, investments and 
monetary gifts received by a student and by the spouse or 
common law partner of a student and other resources 
available to the student, as determined by the Minister;
	(b)	"student" includes a former medical resident.
(2)  The Minister may, under the repayment assistance plan and in 
accordance with this section, on application, allow a student to pay 
an amount owing under a direct loan (in this section referred to as 
making an "affordable payment") set by the Minister for the period 
allowed by subsection (6) that is stipulated by the Minister if
	(a)	the student's family income is inadequate to meet the 
student's financial obligations, and
	(b)	the student meets any other requirements established by the 
Minister.
(3)  The application under subsection (2) may, if applicable, be made 
through the federal plan referred to in section 24(3).
(4)  The Minister shall set the amount of the affordable payment 
based on the student's family income and the size of the student's 
family. 
(5)  Subject to this section, the Minister may, in whatever manner the 
Minister considers appropriate, repay, remit, relieve or otherwise 
adjust all or any portion of the principal or interest, or both, owing 
on the loan.
(6)  A single period of affordable payments may begin no earlier 
than the 1st day of the 7th month after the month in which the 
student ceased to be a full-time student or a part-time student or a 
medical resident and may not exceed 6 consecutive months, the 
whole or any portion of which period, as so restricted, may 
immediately precede the making of the application.
(7)  The Minister may direct a student to provide any information or 
documents to verify any statement made in the application for 
repayment assistance (including an application referred to in 
subsection (3)). 

34   This Regulation comes into force on August 1, 2012.



Alberta Regulation 104/2012
Municipal Government Act
APEX PLUS INVESTMENT AMENDMENT REGULATION
Filed: June 15, 2012
For information only:   Made by the Minister of Municipal Affairs (M.O. L:132/12) 
on June 8, 2012 pursuant to section 250(4) of the Municipal Government Act. 
1   The Apex Plus Investment Regulation (AR 210/2006) is 
amended by this Regulation.

2   The title of the Regulation is repealed and the following 
substituted:
MUNISERP INVESTMENT REGULATION

3   Section 1 is amended
	(a)	by repealing clause (b);
	(b)	in clause (c) by striking out "APEX Plus" and 
substituting "MuniSERP";
	(c)	by adding the following after clause (c):
	(c.1)	"MuniSERP" means the supplemental employee 
retirement plan for municipal employees operated by 
the Alberta Municipal Services Corporation;

4   Section 2 is amended by striking out "APEX Plus" and 
substituting "MuniSERP".

5   Section 7 is amended by striking out "June 30, 2012" and 
substituting "June 30, 2017".
Consequential
6(1)  The Investment Regulation (AR 66/2000) is amended in 
section 2(1)(a)(ii) by striking out "APEX Plus Investment 
Regulation" and substituting "MuniSERP Investment Regulation".
(2)  The Muni Funds Investment Regulation (AR 22/2010) is 
amended in section 2 by striking out "APEX Plus Investment 
Regulation" and substituting "MuniSERP Investment Regulation".