Budget Implementation Act, 2003 (S.C. 2003, c. 15)
Full Document:
Assented to 2003-06-19
12. Section 20 of the Act is renumbered as subsection 20(1) and is amended by adding the following:
Marginal note:Interest rates
(2) The Minister, with the concurrence of the Minister of Finance and subject to the approval of the Governor in Council, shall fix a rate of interest, or a manner of determining a rate of interest, for the purposes of paragraph (a) of the description of B in the definitions “net costs” and “total program net costs” in subsection 14(6).
R.S., c. S-23Canada Student Loans Act
13. The Canada Student Loans Act is amended by adding the following after section 19:
Marginal note:Limitation period
19.1 (1) Subject to this section and section 19.2, no action or proceedings shall be taken to recover money owing under a guaranteed student loan more than six years after the day on which the money becomes due and payable.
Marginal note:Deduction and set-off
(2) Money owing under a guaranteed 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.
Marginal note:Acknowledgment of liability
(3) If a borrower’s liability for money owing under a guaranteed 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.
Marginal note:Types of acknowledgments
(4) An acknowledgment of liability means
(a) a written promise to pay the money owing, signed by the borrower or his or her agent or other representative;
(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;
(c) a part payment by the borrower or his or her agent or other representative of any money owing; or
(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.
Marginal note:Acknowledgment after expiry of limitation period
(5) If a borrower’s liability for money owing under a guaranteed 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.
Marginal note:Limitation period suspended
(6) The running of a limitation period in respect of a guaranteed 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.
Marginal note:Enforcement proceedings
(7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
Marginal note:Application
19.2 (1) This section applies only in respect of the recovery of money that became due and payable under a guaranteed student loan before the coming into force of this section.
Marginal note:Limitation period
(2) Subject to this section, no action or proceedings shall be taken to recover money owing under a guaranteed 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.
Marginal note:Prior acknowledgments
(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 guaranteed student loan is deemed to be the day on which the limitation period started to run if
(a) the acknowledgment was made before the coming into force of this section; and
(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.
Marginal note:Deduction and set-off
(4) Money owing under a guaranteed 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.
Marginal note:Acknowledgment of liability
(5) If, on or after the day on which this section comes into force, a borrower’s liability for money owing under a guaranteed 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.
Marginal note:Types of acknowledgments
(6) For the purposes of subsections (5) and (7), an acknowledgment of liability means
(a) a written promise to pay the money owing, signed by the borrower or his or her agent or other representative;
(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;
(c) a part payment by the borrower or his or her agent or other representative of any money owing; or
(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.
Marginal note:Acknowledgment after expiry of limitation period
(7) If, after the expiry of the limitation period in respect of a guaranteed 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.
Marginal note:Limitation period suspended
(8) The running of a limitation period in respect of a guaranteed 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.
Marginal note:Statutory bar
(9) Subject to subsection (7), if the limitation period in respect of a guaranteed 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.
Marginal note:Enforcement proceedings
(10) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
Coming into Force
Marginal note:Coming into force
14. (1) Sections 9, 11 and 13 come into force or are deemed to have come into force on August 1, 2003.
Marginal note:Coming into force
(2) Sections 10 and 12 are deemed to have come into force on August 1, 2002.
PART 4EMPLOYMENT INSURANCE
1996, c. 23Employment Insurance Act
Marginal note:2000, c. 12, s. 106
15. The definition “common-law partner” in subsection 2(1) of the Employment Insurance Act is replaced by the following:
“common-law partner”
« conjoint de fait »
“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;
16. (1) Section 10 of the Act is amended by adding the following after subsection (5):
Marginal note:Exception
(5.1) A claim for benefits referred to in section 23.1 with respect to a family member shall not be regarded as having been made on an earlier day under subsection (4) or (5) if
(a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;
(b) the beginning of the period referred to in subsection 23.1(4) has already been determined with respect to that family member and the claim would have the effect of moving the beginning of that period to an earlier date; or
(c) the claim is made in any other circumstances set out in the regulations.
Marginal note:2002, c. 9, s. 12(4)
(2) Subsections 10(13) to (15) of the Act are replaced by the following:
Marginal note:Extension of benefit period — special benefits
(13) If, during a claimant’s benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c),
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c).
Marginal note:Extension of benefit period — special benefits
(13.1) If, during a claimant’s benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(b), (c) and (d),
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d).
Marginal note:Extension of benefit period — special benefits
(13.2) If, during a claimant’s benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d),
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d).
Marginal note:Extension of benefit period — special benefits
(13.3) If, during a claimant’s benefit period,
(a) regular benefits were not paid to the claimant,
(b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and
(c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d),
the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of those paragraphs.
Marginal note:Maximum extension under subsections (10) to (13.3)
(14) Subject to subsection (15), no extension under any of subsections (10) to (13.3) may result in a benefit period of more than 104 weeks.
Marginal note:Maximum extension under subsections (13) to (13.3)
(15) Unless the benefit period is also extended under any of subsections (10) to (12),
(a) no extension under subsection (13) may result in a benefit period of more than 67 weeks;
(b) no extension under subsection (13.1) or (13.2) may result in a benefit period of more than 58 weeks; and
(c) no extension under subsection (13.3) may result in a benefit period of more than 73 weeks.
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