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Student Reservists’ Leave of Absence Regulations

made under Section 7 of the

Canadian Forces Reservists Protection Act

S.N.S. 2006, c. 13

O.I.C. 2007-373 (June 29, 2007, effective July 1, 2007), N.S. Reg. 327/2007


Citation

1     These regulations may be cited as the Student Reservists’ Leave of Absence Regulations.


Definitions

2     (1)    In the Act and these regulations,

 

                (a)    “active duty” means active service as defined in the National Defence Act (Canada);

 

                (b)    “fees” means charges or payments that may be required by a student’s attendance at an education institutional, including all of the following:

 

                         (i)     administrative fees,

 

                         (ii)    on-campus housing fees,

 

                         (iii)   health insurance fees,

 

                         (iv)   student association membership fees,

 

                         (v)    charges or payments for books required for courses in which the student is registered;

 

                (c)    “program of studies” means a set of courses or other work required to obtain a degree, diploma or certificate from an educational institution;

 

                (d)    “semester” means a period of study that constitutes part of the regular academic year of an educational institution and that is at least 13 weeks long;

 

                (e)    “training” means training that is required for active duty.

 

       (2)    In these regulations,

 

                (a)    “Class “C” Reserve Service” means “Class “C” Reserve Service” as defined in the Queen’s Regulations and Orders for the Canadian Forces under the National Defence Act (Canada);

 

                (b)    “educational institution” means any of the following:

 

                         (i)     a public school or a private school as defined in the Education Act,

 

                         (ii)    a community college established under the Community Colleges Act,

 

                         (iii)   a university authorized under the Degree Granting Act.


Reasonable notice

3     In clause 4(1)(a) of the Act respecting the notice required to be given by a student to an educational institution, “reasonable notice” is at least 30 days’ notice in advance, except in an emergency situation, in which case reasonable notice is as much notice as is reasonably practical.


Reservist’s leave of absence

4     (1)    For the purposes of a leave of absence from an educational institution for a member of the Reserves under Section 4 of the Act,

 

                (a)    a leave of absence includes time spent on leave related to active duty;

 

                (b)    a leave of absence must not be longer than 18 months within any 3-year period;

 

                (c)    the start date for a leave of absence must be at least 1 year after the date that a student returned to the educational institution from a previous leave of absence;

 

                (d)    a student must apply to return the program of studies at the educational institution no later than 4 weeks after the date their leave of absence expires;

 

                (e)    a student may defer their actual return to the program of studies at the educational institution until the beginning of the next following semester;

 

                (e)    only the training of a member in Class “C” Reserve Service is included as service;

 

                (f)    a student’s right to return to the program of studies is subject to its availability when the student returns to or applies to return to the educational institution.


Financial credits

5     For the purposes of the return of a student to an educational institution under subsection 4(2) of the Act,

 

                (a)    the tuition and fees for a program of studies paid by a student for the semester during which the student takes a leave of absence must be credited toward and are deemed to be equal in amount to the tuition and fees for the semester during which the student returns to the program of studies;

 

                (b)    a student who holds a certificate under the Student Aid Act is deemed to be continuing studies at the educational institution while on leave of absence.


Complaint procedure

6     (1)    A student who is aggrieved by an alleged violation of subsection 4(2) of the Act by an educational institution may make a written complaint to the Minister of Education.

 

       (2)    A complaint must be made no later than 30 days after the date of a decision of the educational institution to impose a financial penalty on the student.

 

       (3)    The Minister of Education may authorize an officer of the Department of Education to act as a review officer to investigate a complaint.

 

       (4)    In investigating a complaint, a review officer must serve notice of the complaint on the educational institution against which the complaint is made and request a response from the educational institution within any period of time that the review officer considers appropriate.

 

       (5)    A review officer has the power to order the educational institution or the complainant to produce any documents or other information that the review officer considers necessary for a full review of the complaint.

 

       (6)    After investigating a complaint, a review officer must determine whether there is sufficient evidence of a failure to comply with subsection 4(2) of the Act and decide

 

                (a)    to dismiss the complaint on the grounds of insufficiency of evidence; or

 

                (b)    to conduct a mediation to effect a settlement, if the review officer is satisfied that there is sufficient evidence of a failure to comply with subsection 4(2) of the Act.

 

       (7)    A decision of a review officer is final and not open to question or review.