Canada Student Loans Act (R.S.C., 1985, c. S-23)
Full Document:
Act current to 2012-05-14 and last amended on 2009-08-01. Previous Versions
Marginal note:Severe permanent disability
13. (1) If the Minister is satisfied, on the basis of prescribed information provided by or on behalf of a borrower, that the borrower, by reason of severe permanent disability, is unable to repay a guaranteed student loan and will never be able to repay it, all rights of any lender against the borrower in respect of that guaranteed student loan terminate, and the Minister shall pay to any lender whose rights against a borrower are terminated under this section the amount of principal and interest determined in the prescribed manner to have been payable by the borrower at the time the borrower provided the Minister with the information required under this section.
Meaning of “severe permanent disability”
(2) The Governor in Council may make regulations defining the expression “severe permanent disability” for the purposes of subsection (1).
- R.S., 1985, c. S-23, s. 13;
- 2008, c. 28, s. 112.
CERTIFICATES OF ELIGIBILITY
Marginal note:Issue of certificates
14. (1) Subject to section 15, the appropriate authority for a province may issue or cause to be issued a certificate of eligibility for a period of studies to a qualifying student whom that authority considers
(a) to have attained a satisfactory scholastic standard; and
(b) to be in need of a loan for that period of studies.
Marginal note:Required amount to be specified
(2) A certificate of eligibility shall contain a statement of the amount of the loan, not exceeding the applicable limit under section 3 for the relevant period of studies, that, in the opinion of the appropriate authority issuing the certificate or causing it to be issued, is needed to enable the qualifying full-time or part-time student to pursue, for that period, a program of studies, or part thereof, at a post-secondary school level at the educational institution specified in the certificate.
- R.S., c. S-17, s. 10;
- R.S., c. 42(1st Supp.), s. 5;
- 1972, c. 15, Sch. (Fin.) vote 1;
- 1980-81-82-83, c. 49, s. 5, c. 155, s. 8.
Marginal note:Limitation on aggregate amount
15. (1) The appropriate authority for a province shall not issue or cause to be issued any certificate of eligibility in a loan year if, as a result thereof, the aggregate of the amounts set out in the certificates of eligibility issued or caused to be issued by that authority in that loan year would exceed the aggregate of
(a) the provincial allocation for that province for that loan year, and
(b) the supplementary allocation, if any, for that province for that loan year, determined by the Minister pursuant to subsection (4).
Marginal note:Calculation of provincial allocation
(2) The provincial allocation for a province for a loan year is an amount, as determined by the Minister after consultation with the Chief Statistician of Canada, equal to the aggregate of
(a) the product obtained by multiplying ninety-five per cent of the basic loan provision for that loan year by a fraction of which
(i) the numerator is the estimated number of persons in that province that, on the first day of that loan year, have attained eighteen years of age and have not attained twenty-five years of age, and
(ii) the denominator is the estimated number of persons in Canada, on the first day of that loan year, of the same age group, and
(b) the product obtained by multiplying five per cent of the basic loan provision for that loan year by a fraction of which
(i) the numerator is the estimated number of persons who were enrolled as part-time students for a period of studies in that province in the previous loan year, and
(ii) the denominator is the estimated number of persons who were enrolled as part-time students for a period of studies in Canada in the previous loan year.
Marginal note:Calculation of loan provision
(3) The basic loan provision for any loan year is an amount, as determined by the Minister after consultation with the Chief Statistician of Canada, equal to the product obtained by multiplying
(a) five hundred and thirty million dollars
by
(b) the quotient obtained by dividing the estimated number of persons in Canada that will be enrolled as full-time students in programs of studies at a post-secondary school level in that loan year by the number of persons in Canada that were enrolled as full-time students in programs of studies at a post-secondary school level in the loan year commencing in 1983
by
(c) the multiplier, if any, by which the amount set out in paragraph 3(1)(a) is adjusted for that loan year in accordance with subsection 3(2).
Marginal note:Calculation of supplementary allocation
(4) The Minister may, on application therefor by the government of a province, determine a supplementary allocation for that province for any loan year in an amount not exceeding
(a) thirty per cent of the basic loan provision for that loan year, as determined pursuant to subsection (3),
minus
(b) the aggregate of all other supplementary allocations for provinces for that loan year, determined by the Minister pursuant to this subsection.
- R.S., c. S-17, s. 11;
- R.S., c. 42(1st Supp.), s. 6;
- 1970-71-72, c. 15, s. 39;
- 1974-75-76, c. 36, Sch. (Fin.) vote 1d;
- 1976-77, c. 2, Sch. A (Fin.) vote 1b;
- 1980-81-82-83, c. 49, s. 6, c. 155, s. 9.
