Student Reservists’ Leave of Absence Regulations

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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


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


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’sattendance 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 studentis registered;


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


                (d)    “semester” means a period of study that constitutes part of the regularacademic 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 inthe Queen’s Regulations and Orders for the Canadian Forces under theNational 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 aneducational institution, “reasonable notice” is at least 30 days’ notice in advance, except inan emergency situation, in which case reasonable notice is as much notice as is reasonablypractical.

Reservist’s leave of absence

4     (1)    For the purposes of a leave of absence from an educational institution for a memberof 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-yearperiod;


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


                (d)    a student must apply to return the program of studies at the educationalinstitution 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 theeducational institution until the beginning of the next following semester;


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


                (f)    a student’s right to return to the program of studies is subject to its availabilitywhen 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 subsection4(2) of the Act,


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


                (b)    a student who holds a certificate under the Student Aid Act is deemed to becontinuing 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 byan educational institution may make a written complaint to the Minister ofEducation.


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


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


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


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


       (6)    After investigating a complaint, a review officer must determine whether there issufficient 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 satisfiedthat there is sufficient evidence of a failure to comply with subsection 4(2) ofthe Act.


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