Marginal note:Documents and information

16. Any

• (a) form or other document to be used in connection with giving financial assistance to students, or otherwise for the effective operation of this Act, or

• (b) information to be included in any document referred to in paragraph (a), in addition to the information otherwise required by this Act or the regulations to be included in such a document,

must be either determined by the Minister or approved by the Minister.

Marginal note:Right of recovery by Minister

16.01 A student loan that is made to a borrower who is not of full age under an agreement entered into under section 6.1, and interest on the loan, is recoverable by the Minister from the borrower as though the borrower had been of full age at the time the agreement was entered into.

Marginal note:Waiver

16.02 On application by a qualifying student or a borrower, the Minister may, to avoid undue hardship to the student or borrower, waive

• (a) a requirement of the regulations with respect to the times within which the student or borrower’s confirmation of enrolment or certificate of eligibility is to be submitted; or

• (b) a requirement of the regulations, or a requirement determined or approved by the Minister, with respect to the form or manner in which information in respect of the student or borrower is to be provided.

Marginal note:Financial assistance denied due to error

16.03 If the Minister is satisfied that a person was denied financial assistance to which the person would have been entitled as a result of an error made in the administration of this Act or the regulations, the Minister may take remedial action to place the person in the position that he or she would have been in under this Act had the error not been made.

Marginal note:Limitation period

• 16.1 (1) Subject to this section and section 16.2, no action or proceedings shall be taken to recover money owing under a 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 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 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 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 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.