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Canada Student Loans Act (R.S.C., 1985, c. S-23)

Act current to 2020-11-02 and last amended on 2020-03-25. Previous Versions

General

Marginal note:Right of recovery by lender

 A guaranteed student loan made by a lender to a borrower not of full age, and interest thereon other than interest payable under section 6, is recoverable by the lender from the borrower as though the borrower had been of full age at the time the loan was made.

  • R.S., c. S-17, s. 15

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 prescribed 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. 114

Marginal note:Financial assistance denied due to error

 If the Minister is satisfied that a person was denied financial assistance under this Act 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. 114

Marginal note:Limitation period

  •  (1) Subject to this section and section 19.2, no action or proceedings shall be taken to recover money owing under a guaranteed 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 guaranteed 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 guaranteed 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 guaranteed 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 guaranteed 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. 13

Marginal note:Application

  •  (1) This section applies only in respect of the recovery of money that became due and payable under a guaranteed 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 guaranteed 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 guaranteed 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 guaranteed 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 guaranteed 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 guaranteed 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 guaranteed 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 guaranteed 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. 13

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 a guaranteed student loan 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. 367
 
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