Apprentice Loans Act

Marginal note:Regulations

• 12 (1) The Governor in Council may make regulations

  • (a) defining the words and expressions referred to in subsections 2(2), 10(2) and 17(7);

  • (b) establishing a schedule that sets out a list of eligible trades, including eligible trades by province;

  • (c) prescribing the circumstances in which a borrower is or ceases to be an eligible apprentice;

  • (d) providing for the conditions to be met before a disbursement in respect of an apprentice loan may be made;

  • (e) prescribing the manner of determining the amount that may be paid to a province under section 7;

  • (f) [Repealed, 2022, c. 19, s. 166]

  • (g) prescribing the circumstances under which an apprentice loan may be denied to an eligible apprentice;

  • (h) prescribing the maximum amount of an apprentice loan that may be made to an eligible apprentice for each technical training period;

  • (i) prescribing the maximum period that may elapse after which, despite anything in this Act, the principal amount of an apprentice loan and interest on that amount begin to be payable by the borrower;

  • (j) prescribing the maximum number of technical training periods for which an apprentice is eligible to be advanced an apprentice loan;

  • (k) [Repealed, 2022, c. 19, s. 166]

  • (l) providing for repayment of apprentice loans by borrowers or classes of borrowers on an income-contingent basis;

  • (m) prescribing information to be included in any form or document referred to in section 13 in addition to any information that is otherwise required under this Act to be included in the form or document;

  • (n) providing for the times referred to in paragraph 15(a);

  • (o) providing for the form and manner in which information referred to in paragraph 15(b) is to be provided;

  • (p) providing for the measures referred to in subsection 20(1);

  • (q) providing for the period after which the Minister may no longer take a measure referred to in paragraph (p);

  • (r) prescribing anything that, by this Act, is to be prescribed by the regulations; and

  • (s) generally, for carrying into effect the purposes and provisions of this Act.

• Marginal note:Maximum aggregate amount of outstanding apprentice loans

  (2) On the Minister’s recommendation with the Minister of Finance’s concurrence, the Governor in Council may make regulations, for the purposes of section 11,

  • (a) prescribing the aggregate amount of outstanding apprentice loans that may not be exceeded; and

  • (b) prescribing the apprentice loans that are to be considered for the purposes of determining, at a given time, the aggregate amount of outstanding apprentice loans.

• Marginal note:Eligible trades

  (3) The Minister may, by regulation, amend the schedule to the regulations by adding a trade to it or removing a trade from it.

• Marginal note:Externally produced material

  (4) A regulation made under this section may incorporate by reference documents produced by a person or body other than the Minister, including by

  • (a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;

  • (b) an industrial or trade organization; or

  • (c) a government.

• Marginal note:Reproduced or translated material

  (5) A regulation made under this section may incorporate by reference documents that the Minister reproduces or translates from documents produced by a body or person other than the Minister

  • (a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or

  • (b) in a form that sets out only the parts of them that apply for the purposes of the regulation.

• Marginal note:Jointly produced documents

  (6) A regulation made under this section may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

• Marginal note:Internally produced standards

  (7) A regulation made under this section may incorporate by reference technical or explanatory documents that the Minister produces, including

  • (a) specifications, classifications or other information of a technical nature; and

  • (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

• Marginal note:Incorporation as amended from time to time

  (8) Documents may be incorporated by reference as amended from time to time.

• Marginal note:For greater certainty

  (9) Subsections (4) to (8) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

• Marginal note:Accessibility

  (10) The Minister must ensure that any document that is incorporated by reference in the regulation is accessible.

• Marginal note:Defence

  (11) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (10) or it was otherwise accessible to the person.

• Marginal note:Registration and publication not required

  (12) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.