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Canada Student Financial Assistance Act (S.C. 1994, c. 28)

Act current to 2022-06-20 and last amended on 2021-06-29. Previous Versions

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) defining the words and expressions referred to in subsection 2(2);

    • (b) providing for the assignment between lenders of agreements between borrowers and lenders, and prescribing the conditions and consequences of such assignments;

    • (c) providing for the transfer between branches of a lender of agreements between borrowers and that lender, and prescribing the conditions and consequences of such transfers;

    • (d) providing for the manner of completing certificates of eligibility, and prescribing the provisions to be included in those certificates;

    • (d.1) respecting the issuance of certificates of eligibility and providing for their subsequent submission by the issuees;

    • (e) providing for the conditions to be met before a disbursement in respect of a student loan may be made;

    • (e.1) defining the term “financial institutions” for the purposes of section 6.3 and providing for the circumstances under which financial institutions may disburse student loans to qualifying students;

    • (f) prescribing the maximum number of weeks or periods of studies that may elapse after which, notwithstanding anything in this Act, the principal amount of a student loan made to a full-time student, and interest thereon, commence to be payable by the borrower;

    • (f.1) respecting the circumstances in which an amount on account of principal or interest is not required to be paid in respect of student loans;

    • (g) prescribing the circumstances in which a borrower is or ceases to be a full-time student;

    • (h) respecting the subrogation of Her Majesty in right of Canada to the rights of a lender;

    • (i) prescribing the circumstances under which a loan or a certificate of eligibility may be denied to a student, or an interest-free period referred to in subsection 7(1) may be terminated by the Minister;

    • (j) prescribing student loans to which section 7, 8, 10 or 11 or subsection 12(4) applies;

    • (k) respecting the circumstances in which no interest is payable by members of the reserve force in respect of their student loans;

    • (k.1) respecting the circumstances in which no fees may be charged to members of the reserve force on their student loans;

    • (k.2) respecting the circumstances in which no amount on account of principal or interest is required to be paid by members of the reserve force in respect of their student loans;

    • (k.3) respecting the payment of interest under subsection 9(2);

    • (l) providing, in respect of student loans made to full-time and part-time students, for the gratuitous payment, including the method of calculating it, whether conditionally or unconditionally, by the Minister to lenders of amounts in respect of such loans, and for the discharge of such loans to the extent of those amounts;

    • (m) notwithstanding any other provision of this Act, providing for the operation of a student loan program for part-time students, including the determination of a student’s status, terms of repayment of the loans, the advancement of loan funds and the maximum number of weeks or periods of studies that may elapse after which the principal amounts of the loans commence to be payable by the borrowers;

    • (n) providing for the establishment and operation of a program to provide special interest-free or interest-reduced periods to borrowers or classes of borrowers, including the terms and conditions of the granting or termination of the periods, the making, continuation or alteration of agreements between borrowers and lenders when the periods are granted or terminated and the authorization of lenders to grant or terminate the periods and otherwise administer the program;

    • (o) providing, in respect of any province, for repayment of student loans by borrowers or classes of borrowers on an income-contingent basis, or for the establishment and operation of a student loan program that is financed by Her Majesty in right of Canada or any agent of Her Majesty in right of Canada and that may provide for the repayment of student loans by borrowers or classes of borrowers on an income-contingent basis;

    • (o.1) prescribing the amount that may be forgiven in respect of a year under section 9.2 in respect of a student loan;

    • (o.2) prescribing the maximum number of years in respect of which amounts may be forgiven under section 9.2 in respect of a student loan;

    • (p) providing for the establishment and operation of grant programs, and additional grant programs for qualifying students whose financial needs are greater than the maximum amount of the financial assistance that may be given to the student, for the classes of persons who are eligible for grants and for the circumstances in which all or part of a grant is to be repaid or converted into a loan;

    • (q) prescribing anything that is to be prescribed by the regulations; and

    • (r) generally, for carrying into effect the purposes and provisions of this Act.

  • Marginal note:Maximum aggregate amount of outstanding student loans

    (1.1) On the Minister’s recommendation with the Minister of Finance’s concurrence, the Governor in Council may make regulations, for the purposes of section 13,

    • (a) prescribing the aggregate amount of outstanding student loans that may not be exceeded; and

    • (b) prescribing the student loans that are to be considered for the purposes of determining, at a given time, the aggregate amount of outstanding student loans.

  • (2) [Repealed, 2013, c. 40, s. 234]

  • 1994, c. 28, s. 15
  • 1998, c. 21, s. 100
  • 2000, c. 14, s. 20
  • 2005, c. 34, s. 63
  • 2008, c. 15, s. 3, c. 28, s. 108
  • 2011, c. 24, s. 155
  • 2013, c. 40, s. 234

General

Marginal note:Documents and information

 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

 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.

  • 2008, c. 28, s. 109

Marginal note:Waiver

 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.

  • 2008, c. 28, s. 109

Marginal note:Financial assistance denied due to error

 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.

  • 2008, c. 28, s. 109

Marginal note:Limitation period

  •  (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.

  • 2003, c. 15, s. 11

Marginal note:Application

  •  (1) This section applies only in respect of the recovery of money that became due and payable under a student loan before the coming into force of this section.

  • Marginal note:Limitation period

    (2) Subject to this section, 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 limitation period that applied before the coming into force of this section started to run.

  • Marginal note:Prior acknowledgments

    (3) For the purposes of subsection (2), the day of the most recent acknowledgment of a borrower’s liability in respect of money owing under a student loan is deemed to be the day on which the limitation period started to run if

    • (a) the acknowledgment was made before the coming into force of this section; and

    • (b) under the law applicable at the time of the acknowledgment, the time during which the limitation period ran before the acknowledgment did not count in the calculation of that period.

  • Marginal note:Deduction and set-off

    (4) 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

    (5) If, on or after the day on which this section comes into force, a borrower’s liability for money owing under a student loan is acknowledged in accordance with subsection (6), 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

    (6) For the purposes of subsections (5) and (7), 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

    (7) If, after the expiry of the limitation period in respect of a student loan — including any limitation period that expired before the coming into force of this section — and on or after the day on which this section comes into force, a borrower’s liability for money owing under the loan is acknowledged in accordance with subsection (6), an action or proceedings to recover the money may, subject to subsections (5) and (8), be brought within six years after the date of the acknowledgment.

  • Marginal note:Limitation period suspended

    (8) The running of a limitation period in respect of a student loan is, commencing on the day on which this section comes into force, 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:Statutory bar

    (9) Subject to subsection (7), if the limitation period in respect of a student loan expired before the coming into force of this section, no action or proceeding shall be taken to recover money owing under the loan.

  • Marginal note:Enforcement proceedings

    (10) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.

  • 2003, c. 15, s. 11

Marginal note:Requirement to provide information or documents

  •  (1) For the purpose of verifying compliance or preventing non-compliance with this Act, the Minister may, by notice served personally or by confirmed delivery service, require any person who has received financial assistance to provide to the Minister, within the time and in the manner that are stipulated in the notice, any information or document that is in their possession or to which they could reasonably be expected to have access.

  • Marginal note:Copies as evidence

    (2) When a document is provided in accordance with subsection (1), the Minister may make, or cause to be made, one or more certified copies of it and any such copy is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.

  • 2009, c. 2, s. 362

Marginal note:False statement or information

  •  (1) Every person who, in respect of a student loan or other financial assistance to a student, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000.

  • Marginal note:Limitation period

    (2) A prosecution for an offence under this Act may not be instituted later than six years after the time when the subject matter of the complaint arose.

  • 1994, c. 28, s. 17
  • 2009, c. 2, s. 363

Marginal note:Administrative measures

  •  (1) If a person, in respect of a student loan or other financial assistance to a student, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, the Minister may

    • (a) deny the person financial assistance for a prescribed period;

    • (b) deny the person an interest-free period referred to in subsection 7(1) for a prescribed period, or terminate the interest-free period;

    • (c) deny the person the deferral of payments of principal or interest under section 8 for a prescribed period, or terminate the deferral;

    • (d) deny the person payments of interest under subsection 9(2) for a prescribed period, or terminate the payments;

    • (e) deny the person a gratuitous payment referred to in paragraph 15(1)(l);

    • (f) deny the person special interest-free or interest-reduced periods referred to in paragraph 15(1)(n) for a prescribed period, or terminate the interest-free period or the interest-reduced period;

    • (g) deny the person repayment of a student loan on an income-contingent basis referred to in paragraph 15(1)(o) for a prescribed period, or terminate repayment on an income-contingent basis;

    • (h) require the person to immediately repay any outstanding amount of a student loan that they obtained by reason of the false statement or misrepresentation or the false or misleading information; or

    • (i) require the person to immediately repay any grant that they obtained by reason of the false statement or misrepresentation or the false or misleading information.

  • Marginal note:Outstanding student loans

    (2) If, before the day on which this section comes into force, a person knowingly made any false statement or misrepresentation, including by omission, in an application or other document or knowingly provided any false or misleading information, including by omission, in respect of a student loan that is outstanding on that day, the Minister may take any measure set out in paragraphs (1)(a) to (h).

  • Marginal note:Notice

    (3) The Minister may not take any measure under subsection (1) or (2) without having given the person 60 days’ notice of the Minister’s intention to take the measure.

  • Marginal note:Submissions

    (4) The person may make submissions to the Minister in respect of the measure at any time.

  • Marginal note:Rescission or modification of measure

    (5) The Minister may rescind or modify a measure taken under subsection (1) or (2) if new facts are presented or the Minister considers that the measure was taken without knowledge of some material fact or on the basis of a mistake concerning one.

  • Marginal note:Limitation or prescription

    (6) The Minister may not take any measure under subsection (1) or (2) later than six years after the day on which he or she becomes aware of the false statement or misrepresentation or the false or misleading information.

  • 2009, c. 2, s. 363
  • 2011, c. 24, s. 156
 
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