Canada Student Financial Assistance Regulations (SOR/95-329)

Regulations are current to 2016-08-15 and last amended on 2016-08-01. Previous Versions

  •  (1) If an application is made for repayment assistance, notice of a decision in respect of that application shall be given to the borrower and the lender or, if the lender is acting under subsection 21(1), to the borrower and the Minister.

  • (2) The notice shall set out

    • (a) the day on which the repayment assistance begins and ends;

    • (b) the amount of the payment required under subsection 19.1(1) or 20.1(1); and

    • (c) the fact that the decision to grant repayment assistance is subject to the condition set out in section 20.3.

  • SOR/96-368, s. 15;
  • SOR/97-250, s. 2;
  • SOR/98-402, s. 4;
  • SOR/2000-290, s. 17;
  • SOR/2004-120, s. 6;
  • SOR/2009-212, s. 4.

 [Repealed, SOR/2009-212, s. 4]

Reconsideration

[SOR/96-368, s. 16; SOR/2009-212, s. 4]
  •  (1) The Minister may, on the written request of the borrower and based on documentary evidence provided by the borrower, reconsider a borrower’s application for repayment assistance if

    • (a) the borrower’s application has been rejected for the sole reason that the borrower did not meet the criterion set out in paragraph 19(1)(e) or 20(1)(c); and

    • (b) unforeseen and unavoidable circumstances beyond the control of the borrower or their spouse or common-law partner have led to the borrower incurring extraordinary expenses.

  • (2) The Minister shall provide a notice of the determination to the borrower in the case of a direct loan and to the borrower and the lender in all other cases.

  • SOR/96-368, s. 17;
  • SOR/2000-290, s. 19;
  • SOR/2001-230, s. 3;
  • SOR/2009-212, s. 4.

Mistake

  •  (1) If repayment assistance is granted because of an error by the borrower in their application, the Minister may cancel or reduce the assistance.

  • (2) The Minister shall provide a notice of the cancellation or reduction to the borrower, in the case of a direct loan, and to the borrower and the lender, in all other cases, specifying

    • (a) the date of the notice; and

    • (b) the day on which the repayment assistance is to be cancelled or reduced.

  • (3) A borrower shall, within 30 days after the date of the notice,

    • (a) repay to the Minister or the lender, as the case may be, the amount of repayment assistance that the borrower was not entitled to receive; or

    • (b) enter into a revised agreement for the repayment of that amount.

  • (4) A lender shall, without delay after the date of the notice, repay to the Minister any amount paid by the Minister as a result of the error.

  • SOR/96-368, s. 18;
  • SOR/2000-290, s. 20;
  • SOR/2009-212, s. 4.

 [Repealed, SOR/96-368, s. 18]

Effect on Loan Agreement

[SOR/96-368, s. 18]

 If a repayment assistance period has been granted to a borrower, the provisions of any loan agreement or guaranteed student loan agreement that was in effect between the borrower and the lender or between the borrower and the Minister, as the case may be, on the day on which the borrower applied for that period shall be suspended until the earliest of

  • (a) the day on which repayment assistance is terminated in accordance with subsection 15(4),

  • (b) the end of that repayment assistance period, and

  • (c) in respect of the borrower’s consolidated student loan agreement or consolidated guaranteed student loan agreement, if any, the day on which the borrower again becomes a full-time student in accordance with subsection 5(3) or 7(2).

  • SOR/96-368, s. 19;
  • SOR/2000-290, s. 21;
  • SOR/2009-212, s. 5;
  • SOR/2012-68, s. 10.

PART V.1Loan Forgiveness for Family Physicians, Nurses and Nurse Practitioners

Application

 This Part applies to a borrower who began to work in an under-served rural or remote community on or after July 1, 2011 as a family physician, nurse or nurse practitioner.

  • SOR/2012-254, s. 4.

Amount and Duration of Forgiveness

  •  (1) For the purposes of subsection 9.2(1) of the Act, the Minister may, for a year, forgive the lesser of

    • (a) the outstanding principal of the borrower’s student loan, and

    • (b) $8,000, in the case of a family physician or $4,000, in the case of a nurse or nurse practitioner.

  • (2) The maximum number of years in respect of which an amount may be forgiven is five.

  • SOR/2012-254, s. 4.

Conditions and Effective Date

  •  (1) To qualify for loan forgiveness for a year, the borrower must

    • (a) have worked in an under-served rural or remote community as a family physician, nurse or nurse practitioner during the year; and

    • (b) apply to the Minister in the prescribed form no later than 90 days after the end of that year.

  • (2) The loan forgiveness takes effect on the day following the end of the year.

  • SOR/2012-254, s. 4.

 [Repealed, SOR/96-368, s. 20]

PART VICanada Student Grants

[SOR/2002-219, s. 6; SOR/2009-143, s. 4]

Obtaining a Canada Student Grant

 The Minister, an appropriate authority or a body authorized by the Minister for a province may make a grant, other than a grant awarded under section 34 or 40.022, to a qualifying student who

  • (a) is issued, or in respect of whom is issued, a certificate of eligibility;

  • (b) within 30 days after obtaining confirmation of their enrolment from an officer of the designated educational institution at which they are enrolled but no later than the last day of the confirmed period, submits the confirmation of enrolment

    • (i) to the Minister unless they are notified in writing by the appropriate authority that the confirmation of enrolment is to be submitted to the Minister by the designated educational institution, and

    • (ii) to the branch of the lender to which they are indebted under any risk-shared loan agreement or guaranteed student loan agreement;

  • (c) has entered into a full-time direct loan agreement or a direct student loan agreement for the period of studies referred to in the certificate of eligibility in relation to repayment of the grant under subsection 40.04(2).

  • SOR/2009-143, s. 4;
  • SOR/2011-96, s. 7.

Grant for Services and Equipment for Students with Permanent Disabilities

[SOR/96-368, s. 21; SOR/2005-152, s. 7; SOR/2009-143, s. 4]
  •  (1) An appropriate authority or a body authorized by the Minister for a province may make a grant for services and equipment for students with permanent disabilities to a qualifying student who

    • (a) has a permanent disability;

    • (b) meets the criteria set out in paragraphs 12(1)(a) and (b) of the Act;

    • (c) is not denied further student loans under section 15;

    • (d) is in need of exceptional education-related services or equipment that are required for the student to perform the daily activities necessary to participate in studies at a post-secondary school level and that are indicated in the List of Eligible Exceptional Education-related Services and Equipment, as amended from time to time, published in the Canada Gazette Part I; and

    • (e) has used the grants previously made to the student under this section for the purpose for which they were intended.

  • (2) The qualifying student must

    • (a) apply for the grant in the prescribed form to the appropriate authority or other body;

    • (b) provide, with that application, proof of the student’s permanent disability in the form of

      • (i) a medical certificate,

      • (ii) a psycho-educational assessment, or

      • (iii) documentation proving receipt of federal or provincial disability assistance; and

    • (c) provide, with that application, written confirmation that the student is in need of exceptional education-related services or equipment from a person qualified to determine such need.

  • (3) The maximum amount of the grant shall be $8,000 for a loan year.

  • SOR/96-368, s. 22;
  • SOR/98-402, s. 5;
  • SOR/2002-219, ss. 1, 6;
  • SOR/2009-143, s. 5.
 
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