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Apprentice Loans Regulations (SOR/2014-255)

Regulations are current to 2020-09-09 and last amended on 2020-08-01. Previous Versions

Apprentice Loans Regulations

SOR/2014-255

APPRENTICE LOANS ACT

CANADA STUDENT FINANCIAL ASSISTANCE ACT

Registration 2014-11-07

Apprentice Loans Regulations

P.C. 2014-1245 2014-11-06

His Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Social Development with the concurrence of the Minister of Finance, pursuant to section 12 of the Apprentice Loans ActFootnote a and section 15Footnote b of the Canada Student Financial Assistance ActFootnote c, makes the annexed Apprentice Loans Regulations.

Interpretation

Marginal note:Definitions — Act and Regulations

  •  (1) The following definitions apply in the Act and in these Regulations.

    acknowledgment of liability

    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 acknowledgement 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) an 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. (reconnaissance de responsabilité)

    apprentice

    apprentice means

    • (a) other than in section 5, a person who

      • (i) is a Canadian citizen, a person registered as an Indian under the Indian Act, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a protected person as described in subsection 95(2) of that Act,

      • (ii) is not a high school student, and

      • (iii) is registered with a province as an apprentice in an eligible trade; and

    • (b) in section 5, a person who is described in subparagraphs (a)(i) and (ii) and who is enrolled in a program of study that is mandatory in order to enable the person to register as an apprentice with a province. (apprenti)

    apprentice loan

    apprentice loan means a debt obligation incurred by an eligible apprentice on entering into an apprentice loan agreement that is owed to Her Majesty in right of Canada, as represented by the Minister. (prêt aux apprentis)

    borrower

    borrower means a person to whom an apprentice loan is made under the Act. (emprunteur)

    eligible apprentice

    eligible apprentice means an apprentice who is enrolled at a technical training provider for technical training in an eligible trade and whose primary occupation during the technical training period is to participate in that technical training. (apprenti admissible)

    severe permanent disability

    severe permanent disability means a functional limitation caused by a physical or mental impairment that prevents a borrower from performing the daily activities necessary to participate in substantially gainful employment, as defined in section 68.1 of the Canada Pension Plan Regulations, and is expected to remain with them for their expected life. (invalidité grave et permanente)

    technical training

    technical training means formal instruction or training that is offered by a technical training provider and that is determined by a province to be an essential element of an apprenticeship program in that province and required for the practice of an eligible trade. (formation technique)

    technical training period

    technical training period means a continuous period of technical training that begins on the first day of the month in which technical training begins and ends on the last day of the month in which the training ends. (période de formation technique)

  • Marginal note:Definitions — Regulations

    (2) The following definitions apply in these Regulations.

    Act

    Act means the Apprentice Loans Act. (Loi)

    apprentice loan agreement

    apprentice loan agreement means an agreement entered into between an eligible apprentice and the Minister under section 4 of the Act that is in the form determined by the Minister and includes the social insurance number of the apprentice. (contrat de prêt aux apprentis)

    apprenticeship program

    apprenticeship program means a program of practical experience, technical training and certification examination that must be undertaken — as determined by the province — by an apprentice in an eligible trade. (programme d’apprentissage)

    common-law partner

    common-law partner, in respect of a borrower, means a person who is cohabiting with the borrower in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

    confirmation of continued apprenticeship

    confirmation of continued apprenticeship means proof that a borrower is still registered with a province as an apprentice in an eligible trade. (confirmation d’apprentissage continu)

    confirmation of enrolment

    confirmation of enrolment means proof that an apprentice is enrolled in technical training with a technical training provider. (confirmation d’inscription)

    family income

    family income means the aggregate income — including income from employment, social programs, investments and monetary gifts — of the borrower and their spouse or common-law partner, as the case may be. (revenu familial)

    financial assistance

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

    fiscal year

    fiscal year means the one-year period that begins on April 1 in any year. (exercice)

    guaranteed student loan

    guaranteed student loan has the same meaning as in subsection 2(2) of the Canada Student Financial Assistance Regulations. (prêt garanti)

    permanent disability

    permanent disability means a functional limitation caused by a physical or mental impairment that restricts the ability of a person to perform the daily activities necessary to participate in an apprenticeship program or the labour force and that is expected to remain with them for their expected life. (invalidité permanente)

    provincial loan

    provincial loan has the same meaning as in subsection 2(2) of the Canada Student Financial Assistance Regulations. (prêt provincial)

    student loan

    student loan has the same meaning as in subsection 2(1) of the Canada Student Financial Assistance Regulations. (prêt d’études)

  • Marginal note:Schedule 1 — Eligible trades

    (3) For the purposes of subsection 2(1) of the Act, eligible trades are those that are listed in Schedule 1 to these Regulations.

  • SOR/2018-32, s. 1
  • SOR/2019-215, s. 1

Obtaining an Apprentice Loan

Marginal note:Conditions

 Subject to section 6, the Minister may make an apprentice loan to an eligible apprentice if the following conditions are met:

  • (a) the apprentice has entered into an apprentice loan agreement for a technical training period on or before the last day of technical training;

  • (b) confirmation of enrolment is submitted to the Minister;

  • (c) in the event that interest started accruing prior to the first day of the current technical training period, the apprentice pays to the Minister the unpaid interest accrued under their apprentice loan agreement to the day before the first day of that technical training period; and

  • (d) in the event that interest started accruing prior to the day on which the apprentice enters into an apprentice loan agreement for the current technical training period that began on the day on which interest started accruing, the apprentice

    • (i) pays to the Minister the unpaid interest accrued under their apprentice loan agreement to the day before the day on which the apprentice enters into the current apprentice loan agreement, or

    • (ii) directs the addition of the interest referred to in subparagraph (i) to the outstanding principal.

  • SOR/2019-215, s. 2

Interest-Free Period

Marginal note:No interest accrues

 Subject to section 6, no interest accrues under a borrower’s apprentice loan in respect of the following periods:

  • (a) in the event that no interest has accrued when a technical training period begins for which confirmation of enrolment is submitted to the Minister, the period that begins on the first day of the technical training period and ends on the day that is 18 months after the last day of that technical training period;

  • (b) [Repealed, SOR/2019-215, s. 3]

  • (c) in the event that interest started accruing prior to the first day of a technical training period for which confirmation of enrolment is submitted to the Minister, the period that began on the day that the technical training period begins and ends on the day that is 18 months after the last day of that technical training period, in the case where the apprentice pays to the Minister the unpaid interest accrued to the day before the first day of that technical training period;

  • (d) in the event that interest started accruing prior to the day on which confirmation of enrolment is submitted to the Minister for a technical training period that began prior to the day on which interest started accruing, the period that begins on the day on which confirmation of enrolment is submitted and ends on the day that is 18 months after the last day of that technical training period in the case where the apprentice

    • (i) pays to the Minister the unpaid interest accrued under their apprentice loan agreement to the day before the day on which confirmation of enrolment is submitted to the Minister, or

    • (ii) directs the addition of the interest referred to in subparagraph (i) to the outstanding principal;

  • (e) in the event that no interest has accrued when confirmation of continued apprenticeship is submitted to the Minister, the period that begins on the day that confirmation of continued apprenticeship was submitted and ends on the day that is 18 months after the last day of the month in which the confirmation of continued apprenticeship is submitted; and

  • (f) in the event that interest started accruing prior to the day on which confirmation of continued apprenticeship is submitted to the Minister, the period that begins on the day on which the confirmation of continued apprenticeship is submitted and ends on the day that is 18 months after the last day of the month in which the confirmation of continued apprenticeship is submitted, in the case where the apprentice

    • (i) pays to the Minister the unpaid interest accrued under their apprentice loan agreement to the day before the day on which confirmation of continued apprenticeship is submitted, or

    • (ii) directs the addition of the interest referred to in subparagraph (i) to the outstanding principal.

  • SOR/2019-215, s. 3
 
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