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• 16 (1) Subject to subsection (5), a borrower who has been subject to a measure taken in accordance with subsection 15(2), (3) or (4) due to the occurrence of an event referred to in paragraph 15(1)(a), (b) or (i) is entitled to a new student loan, a new certificate of eligibility, further repayment assistance under section 19 or 20, the loan forgiveness referred to in subsection 9.2(1) of the Act or, in respect of a student loan made to a borrower as a part-time student, a new period during which no amount on account of principal or interest is required to be paid if

  • (a) in the case of a measure taken in accordance with subsection 15(2), an event referred to in paragraph 15(1)(j) has not occurred in respect of the borrower’s student loans or guaranteed student loans;

  • (b) an event referred to in paragraph 15(1)(h) or (k) has not occurred in respect of the borrower’s student loans or guaranteed student loans;

  • (c) the borrower has, in respect of risk-shared loan agreements and guaranteed student loan agreements for which a judgment has not been obtained and that are held by a lender, paid the interest accrued to a given day and fulfilled the terms of a repayment arrangement entered into with that lender that is no more onerous to the borrower than six consecutive payments subsequent to that day that are made in accordance with those agreements; and

  • (d) the borrower has, in respect of direct loan agreements, risk-shared loan agreements and guaranteed student loan agreements held by the Minister, for which a judgment has not been obtained, fulfilled the terms of a repayment arrangement entered into with the Minister that is no more onerous to the borrower than six consecutive payments subsequent to a day that are made in accordance with those agreements, and

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    • (ii) has directed, for the first time under this paragraph, paragraph 10(1)(d) of the Canada Student Loans Regulations or paragraph 7(1)(b) of the Apprentice Loans Regulations, the addition of the unpaid accrued interest to that day to the outstanding principal.

• (2) Subject to subsection (5), where a borrower is subject to a measure taken in accordance with subsection 15(2) due to the occurrence of an event referred to in any of paragraphs 15(1)(c) to (g), the borrower has the rights referred to in subsection (1) if

  • (a) an event referred to in paragraph 15(1)(h), (j) or (k) has not occurred in respect of the borrower’s student loans or guaranteed student loans;

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  • (c) the borrower has been released of the borrower’s student loans and guaranteed student loans, in any case other than a case described in paragraph (b); or

  • (d) if the borrower is released from the borrower’s student loans and guaranteed student loans by reason that an absolute order of discharge is granted under the Bankruptcy and Insolvency Act, three years have passed since the date of the order.

• (3) Subject to subsection (5), where a borrower is subject to a measure taken in accordance with subsection 15(2) or (4) due to the occurrence of the event referred to in paragraph 15(1)(h), the borrower shall have the rights referred to in subsection (1) if

  • (a) in the case of a measure taken in accordance with subsection 15(2), an event referred to in paragraph 15(1)(j) has not occurred in respect of the borrower’s student loans or guaranteed student loans; and

  • (a.1) an event referred to in paragraph 15(1)(k) has not occurred in respect of the borrower’s student loans or guaranteed student loans;

  • (b) the borrower has been released from that borrower’s student loans and guaranteed student loans that were outstanding on the day of the finding of guilt;

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• (4.2) Subject to subsection (5), where a borrower is subject to a measure taken in accordance with subsection 15(2) or (4) due to the occurrence of the event referred to in paragraph 15(1)(k), the borrower has the rights referred to in subsection (1) if the borrower has paid in full the outstanding balance of the student loans or guaranteed student loans.

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• 15 (1) For the purposes of this section, applicable day means

  • (a) if the Minister is informed that the borrower has failed to consolidate risk-shared loans or guaranteed student loans made to them as a full-time student within six months after the month in which they ceased to be a full-time student and they do not fulfil the requirements of subsection 5(1) or 7(1) before a judgment is obtained against them and such that the beginning of the last confirmed period is on or before the last day of that six-month period, the day following the last day of that confirmed period;

  • (b) if the Minister is informed that the borrower has failed to make a required payment within the two-month period after the payment was required under their loan agreement, guaranteed student loan agreement, these Regulations or the Canada Student Loans Regulations and they do not fulfil the requirements of subsection 5(1), 7(1), 12.1(1) or 12.2(1), as the case may be, within that period, the day following the last day of that period;

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  • (f) where the borrower applies for a consolidation order under Part X of the Bankruptcy and Insolvency Act that includes a student loan or guaranteed student loan, the date on which that order is issued;

  • (g) where the borrower seeks relief under a provincial law relating to the orderly payment of debts that includes a student loan or guaranteed student loan, the day on which the document seeking relief is filed;

  • (h) where the borrower is, by reason of the borrower’s conduct in obtaining or repaying a student loan or guaranteed student loan, found guilty of an offence under any Act of Parliament, the day of the finding of guilt;

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  • (j) the last day of the confirmed period during which the borrower has been a full-time student for

    • (i) in the case of a full-time student with either a permanent disability or a persistent or prolonged disability or in the case of a full-time student to whom a guaranteed student loan has been made as a full-time student, whether or not that loan is outstanding, 520 weeks,

    • (ii) in the case of a student enrolled in a doctoral program of studies, 400 weeks, or

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  • (l) the day on which, as the case may be, the obligations referred to in section 11 of the Act or the rights referred to in section 11.1 of the Act or section 13 of the Canada Student Loans Act, are terminated.

• (1.1) For the purposes of paragraph (1)(j), the number of weeks is the aggregate of the number of weeks corresponding to the borrower’s confirmed periods as a full-time student, or the equivalent, under the Act and the Canada Student Loans Act, less the number of weeks determined by the Minister for which the designated educational institution has provided that the borrower, despite subsections 7.1(3) and 8(2), was no longer a full-time student.

• (2) Subject to subsections (5), (6) and (9),

  • (a) if an event referred to in any of paragraphs (1)(a) to (l) occurs, the Minister shall, effective on the applicable day referred to in that paragraph,

    • (i) deny a borrower a new certificate of eligibility for any student loan, and

    • (ii) if a certificate of eligibility has been issued to a borrower, deny the borrower a new student loan; and

  • (b) if an event referred to in any of paragraphs (1)(a) to (j) occurs, the Minister shall terminate, effective on the applicable day referred to in that paragraph, in respect of an outstanding student loan made to the borrower as a part-time student, the period during which no amount on account of principal or interest is required to be paid by the borrower.

• (3) If an event referred to in paragraph (1)(a) or (b) occurs, the Minister shall refuse to grant to the borrower

  • (a) any repayment assistance under section 19 or 20 if the Minister pays a claim for loss in respect of the borrower’s guaranteed student loan; and

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• (5) If an event referred to in paragraph (1)(b) occurs in respect of either a student loan or a guaranteed student loan made to a borrower as a part-time student, an event referred to in any of paragraphs (1)(h) to (k) has not occurred subsequent to the event referred to in paragraph (1)(b) and a judgment has not been obtained against the borrower in respect of an outstanding student loan or guaranteed student loan,

  • (a) the borrower shall be entitled to a new student loan, if a certificate of eligibility has been issued to the borrower as a full-time student in respect of that loan before the day referred to in paragraph (1)(b); and

  • (b) the measure referred to in paragraph (2)(b) shall take effect on the last day of the period of studies for which the certificate of eligibility was issued.

• (6) Where an event referred to in paragraph (1)(a) or (b) occurs in respect of a student loan made to a borrower as a full-time student and, subsequent to that event, the borrower erroneously receives a certificate of eligibility and at least one disbursement authorized by that certificate of eligibility,

  • (a) the borrower shall be entitled to a new student loan authorized by that certificate of eligibility; and

  • (b) the measure referred to in paragraph (2)(b) shall take effect at the end of the period of studies for which the certificate of eligibility was issued.

• (7) Subsection (2) applies to a borrower who, on the day on which the Act comes into force, is denied a new guaranteed student loan or further interest-free status on a guaranteed student loan in accordance with subsection 9(3) of the Canada Student Loans Regulations.

• (8) If an event referred to in any of paragraphs (1)(c) to (g) occurs in respect of either a student loan or a guaranteed student loan made to a borrower as a full-time student, before the last day of the last confirmed period of the program of studies in which the borrower is enrolled at the time the event occurs, the borrower is entitled, if otherwise eligible, to a new student loan for that program of studies.

• (9) If the borrower receives a new student loan under subsection (8), the measures referred to in subsection (2) take effect on the earliest of

  • (a) the last day of the last confirmed period of the program of studies in which the borrower was enrolled at the time the event occurred,

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  • (c) the last day of the month in which the borrower’s course load no longer meets the minimum percentage set out in subparagraph (a)(i) of the definition full-time student in subsection 2(1) or, in the case of a person who elects to be considered as a full-time student under section 2.1, the minimum percentage set out in that section.

• (10) Student loans and guaranteed student loans shall be denied if

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• 8 (1) Subject to paragraphs 5(3)(b) and 7(2)(b) and subsection 7.1(3), the borrower ceases to be a full-time student on the earliest of

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  • (b) the last day of the month in which the borrower’s course load no longer meets the minimum percentage set out in subparagraph (a)(i) of the definition full-time student in subsection 2(1) or, in the case of a person who elects to be considered as a full-time student under section 2.1, the minimum percentage set out in that section,

• (1.1) Despite paragraph (1)(c), if an event referred to in paragraph 15(1)(a) or (b) occurs in respect of a student loan made to a borrower as a full-time student and, subsequent to that event, the borrower erroneously receives a certificate of eligibility and at least one disbursement authorized by that certificate of eligibility, the borrower ceases to be a full-time student at the end of the period of studies for which the certificate of eligibility was issued.

• (1.2) Despite paragraph (1)(c), if an event referred to in any of paragraphs 15(1)(c) to (g) occurs in respect of either a student loan or a guaranteed student loan made to a borrower as a full-time student, before the last day of the last confirmed period of the program of studies in which the borrower is enrolled at the time the event occurs, the borrower ceases to be a full-time student on the earliest of

  • (a) the last day of the last confirmed period of the program of studies in which the borrower was enrolled at the time the event occurred,

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  • (c) the last day of the month in which the borrower’s course load no longer meets the minimum percentage set out in subparagraph (a)(i) of the definition full-time student in subsection 2(1) or, in the case of a person who elects to be considered as a full-time student under section 2.1, the minimum percentage set out in that section.

• (2) Despite subsection (1), a borrower who is a member of the reserve force and who interrupts their program of studies to serve on a designated operation ceases to be a full-time student on the last day of the month in which their service on the designated operation ends. However, if, as a result of the date on which their service on the designated operation ends, the borrower is unable to continue in a program of studies within six months after that date, the Minister may, on application, delay by up to six months the date on which the borrower ceases to be a full-time student.

• (3) A borrower referred to in subsection (2) must, no later than 30 days after receipt of their posting message provided by the Department of National Defence unless circumstances beyond the control of the borrower necessitate a longer period, notify the Minister in the prescribed form that they will be serving on the designated operation and provide the Minister with

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  • (b) a list of their outstanding student loans, guaranteed student loans and provincial loans;

• (4) If a borrower referred to in subsection (2) is unable to continue full-time in a program of studies as a result of an injury or disease that is attributable to or was incurred during the designated operation or the aggravation of an injury or disease, if the aggravation was attributable to or was incurred during the designated operation, the borrower ceases to be a full-time student on the earlier of the day

  • (a) on which the Minister determines that the injury or disease, or the aggravation of the injury or disease, no longer precludes the borrower from returning to a program of studies; and

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• 7 (1) A borrower shall, in order to continue to be or again become a full-time student,

  • (a) within 30 days after obtaining confirmation of their enrolment from an officer of the designated educational institution at which they are enrolled but before the end of the confirmed period, submits the confirmation of enrolment

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

  • (b) when more than six months have elapsed between the day on which they ceased to be a full-time student under section 8 and the first day of the current confirmed period,

    • (i) pay, if they are indebted under any full-time risk-shared loan agreement or guaranteed student loan agreement entered into as a full-time student, to the lender any interest accrued under those agreements to the day before the first day of the confirmed period, and

  • (c) if the confirmation of enrolment is submitted more than six months after the day that they ceased to be a full-time student under section 8 but before the last day of the confirmed period that started within the six-month period and

    • (i) if they are indebted under any full-time risk-shared loan agreement or guaranteed student loan agreement that was entered into as a full-time student, either

      • (A) pay to the lender the interest accrued under those agreements from the day after they ceased to be a full-time student, or

      • (B) enter into a consolidated risk-shared loan agreement or a consolidated guaranteed student loan agreement in which the unpaid accrued interest referred to in clause (A) is added to the principal amount; or

    • (ii) if they are indebted under any full-time direct loan agreement, either

      • (A) pay to the Minister the interest accrued under that agreement from the day after they ceased to be a full-time student, or

• (2) A borrower who meets the conditions referred to in paragraph (1)(a)

  • (a) in the case where they meet the conditions of paragraph (1)(b) or (c), again becomes a full-time student on the day on which they meet those conditions; or

  • (b) in any other case, continues to be a full-time student beginning on the day following the day on which they would otherwise have ceased to be a full-time student.

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• 2 (1) In the Act and these Regulations,

  consolidated student loan agreement

  consolidated student loan agreement  means a consolidated risk-shared loan agreement or a consolidated direct loan agreement, except in section 5 of the Act where it means a consolidated risk-shared loan agreement only; (contrat de prêt consolidé)

  course

  course  means formal instruction or training that constitutes, or is determined by a designated educational institution to be equivalent to, an essential element of a program of studies at a post-secondary school level at that institution, but does not include any formal instruction or practical training required for acceptance in a professional corporation or for the practice of any trade or profession unless that formal instruction or practical training is necessary to obtain a degree, certificate or diploma from that designated educational institution; (cours)

  family income

  family income  means the aggregate income — including income from employment, social programs, investments and monetary gifts — of

  • (a) the borrower or student and their spouse or common-law partner, in the case of a borrower or student who is married or has a common-law partner,

  • (b) the parents of the student, in the case of a full-time student who

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  • (c) the borrower or student, in any other case; (revenu familial)

  financial assistance

  financial assistance  means any form of financial aid provided under the Act, including student loans; (aide financière)

  full-time student

  full-time student means a person

  • (a) who

    • (i) during a confirmed period within a period of studies, is enrolled in courses that constitute at least 60 per cent of a course load recognized by the designated educational institution as constituting a full course load,

    • (ii) has as their primary occupation during that confirmed period the pursuit of studies in those courses, and

  • (b) who elects to be considered as a full-time student under section 2.1; (étudiant à temps plein)

  part-time student

  part-time student means a person

  • (a) who, during a confirmed period within a period of studies, is enrolled in courses that constitute at least 20 per cent but less than 60 per cent of a course load recognized by the designated educational institution as constituting a full course load, and

  period of studies

  period of studies means the length of time that a designated educational institution considers to be a normal school year for the program of studies in which the qualifying student or the borrower is enrolled and that, where the period between the day on which that person ceased to be a full-time student pursuant to section 8 or a part-time student pursuant to section 12.3, as the case may be, and the first day of the first confirmed period of the current school year is less than six months, includes that period; (période d’études)

  permanent disability

  permanent disability  means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — that restricts the ability of a person to perform the daily activities necessary to pursue studies at a post-secondary school level or to participate in the labour force and that is expected to remain with the person for the person’s expected life; (invalidité permanente)

  persistent or prolonged disability

  persistent or prolonged disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — that restricts the ability of a person to perform the daily activities necessary to pursue studies at a post-secondary school level or to participate in the labour force and has lasted, or is expected to last, for a period of at least 12 months but is not expected to remain with the person for the person’s expected life; (invalidité persistante ou prolongée)

  program of studies

  program of studies means the series of periods of studies

  • [...]

  • (b) that is recognized by the appropriate authority which designated that institution under the Act or the Canada Student Loans Act, or any successor to that authority, and

  student loan

  student loan  means a risk-shared loan or a direct loan except

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  • (b) in subsection 14(2) of the Act, where it means a guaranteed student loan; (prêt d’études)

  student loan agreement

  student loan agreement  means a contract entered into before August 1, 2000 between a qualifying student and a lender that

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  • (b) includes the student’s social insurance number; (contrat de prêt simple)

• (2) In these Regulations,

  Act

  Act  means the Canada Student Financial Assistance Act; (Loi)

  confirmation of enrolment

  confirmation of enrolment  means a prescribed form, which may or may not form part of a certificate of eligibility, and where it does not, includes the qualifying student’s or borrower’s social insurance number; (confirmation d’inscription)

  confirmed period

  confirmed period  means a period of studies, or part thereof, which is at least six consecutive weeks and which

  • (a) in the case of a confirmation of enrolment forming part of a certificate of eligibility, begins on the first day of the month specified by the designated educational institution and ends on the last day of the last month of the period of studies specified by the appropriate authority, and

  consolidated direct loan agreement

  consolidated direct loan agreement  means a contract in the prescribed form that is entered into between the Minister and a borrower who has ceased to be a full-time student pursuant to section 8 and who is indebted to the Minister under any full-time direct loan agreement and that includes the borrower’s social insurance number; (contrat de prêt direct consolidé)

  consolidated guaranteed student loan agreement

  consolidated guaranteed student loan agreement  has the same meaning as subsection 2(2) of the Canada Student Loans Regulations; (contrat de prêt garanti consolidé)

  consolidated risk-shared loan agreement

  consolidated risk-shared loan agreement  means a contract that is entered into between a borrower who has ceased to be a full-time student pursuant to section 8 and the lender to whom the borrower is indebted under any full-time risk-shared loan agreement and

  [...]

  direct loan

  direct loan  means a debt obligation incurred by a qualifying student on entering into a direct loan agreement and which is owed to Her Majesty in right of Canada, as represented by the Minister; (prêt direct)

  direct loan agreement

  direct loan agreement  means a full-time direct loan agreement, a direct student loan agreement or a consolidated direct loan agreement; (contrat de prêt direct)

  direct student loan agreement

  direct student loan agreement  means a contract entered into after July 31, 2000 between a qualifying student and the Minister pursuant to paragraph 12(1)(a), 12.1(1)(a) or 12.2(1)(a) and that

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  • (b) includes the student’s social insurance number; (contrat de prêt direct simple)

  full-time direct loan agreement

  full-time direct loan agreement  means a contract that is entered into after July 31, 2000 between a qualifying student and the Minister under paragraph 5(1)(d) and

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  • (b) that includes the student’s social insurance number; (contrat de prêt direct à temps plein)

  full-time risk-shared loan agreement

  full-time risk-shared loan agreement  means a contract that was entered into before August 1, 2000 between a qualifying student and a lender under these Regulations; (contrat de prêt à risque partagé à temps plein)

  guaranteed student loan

  guaranteed student loan  has the same meaning as under the Canada Student Loans Act; (prêt garanti)

  guaranteed student loan agreement

  guaranteed student loan agreement  has the same meaning as under the Canada Student Loans Regulations; (contrat de prêt garanti)

  officer of the designated educational institution

  officer of the designated educational institution  means a person authorized by a designated educational institution to sign confirmations of enrolment on behalf of the institution and who

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  • (b) is a student aid officer in that institution, or

  • (c) has the de facto capacity of the registrar of or a student aid officer in that institution; (agent de l’établissement agréé)

  part-time guaranteed loan agreement

  part-time guaranteed loan agreement  has the same meaning as in subsection 2(2) of the Canada Student Loans Regulations; (contrat de prêt garanti à temps partiel)

  provincial loan

  provincial loan  means a loan issued by a province for the purpose of assisting a student in the pursuit of studies at a designated educational institution; (prêt provincial)

  risk-shared loan

  risk-shared loan  means a debt obligation incurred by a qualifying student on entering into a risk-shared loan agreement and which is owed to a lender or Her Majesty in right of Canada, as represented by the Minister; (prêt à risque partagé)

  risk-shared loan agreement

  risk-shared loan agreement  means a full-time risk-shared loan agreement, a student loan agreement or a consolidated risk-shared loan agreement and includes agreements entered into under subsection 14(3) of the Regulations, whatever the date they are entered into. (contrat de prêt à risque partagé)

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