Repayment Assistance Plan (continued)
Reconsideration of Application
16 (1) The Minister must, 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 application was rejected for the sole reason that the borrower did not meet the condition set out in paragraph 10(1)(c) or 12(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 must provide notice of his or her determination to the borrower.
Marginal note:Cancellation or reduction of repayment assistance
17 (1) If repayment assistance is granted based on an error by the borrower in their application for the assistance or for reconsideration, the Minister may cancel the assistance or reduce the amount of assistance.
(2) The Minister must provide notice of the cancellation or reduction to the borrower, specifying
(a) the date of the notice; and
(b) the day on which the repayment assistance is to be cancelled or reduced.
Marginal note:Obligation of borrower
(3) The borrower must, within 30 days after the date of the notice,
(a) repay to the Minister the amount of repayment assistance that the borrower was not entitled to receive; or
(b) enter into a revised apprentice loan agreement for repayment of the amount referred to in paragraph (a).
Effect on Apprentice Loan Agreement
18 If repayment assistance is provided to a borrower, the apprentice loan agreement in effect between the borrower and the Minister on the day on which the borrower applies for that assistance is suspended until the earlier of
(a) the day on which repayment assistance is terminated in accordance with section 6, and
(b) the day after the last day of the repayment assistance period.
Marginal note:List of measures
19 (1) The following are measures for the purposes of subsection 20(1) of the Act:
(a) denial of financial assistance for a specified period;
(b) termination of any interest-free period;
(c) denial, for a specified period, of deferral of payments of principal or interest, or termination of any such deferral;
(d) denial, for a specified period, of any agreement to allow repayment of an apprentice loan on an income-contingent basis as provided for in sections 10 and 12, or termination of any such agreement; and
(e) imposition of a requirement for repayment, without delay, of any outstanding amount of an apprentice loan obtained by reason of a false statement or misrepresentation or the provision of false or misleading information.
Marginal note:Specified periods
(2) Subject to subsection (3), the following are the specified periods for the purposes of paragraphs (1)(a), (c) and (d):
(a) if the person is awarded an amount of financial assistance to which they were not entitled,
(i) one year, if the amount is less than $4,000,
(ii) two years, if the amount is $4,000 or more and less than $6,000,
(iii) three years, if the amount is $6,000 or more and less than $8,000,
(iv) four years, if the amount is $8,000 or more and less than $10,000, and
(v) five years, if the amount is $10,000 or more;
(b) if the person is not an apprentice, five years; and
(c) if a measure described in subsection (1) has already been taken in respect of a person under subsection 20(1) of the Act, five years.
Marginal note:Specified period — five years
(3) If more than one period applies to a person under subsection (2), the specified period is five years.
Marginal note:Limitation or prescription — measures
(4) The Minister must not take any measure under subsection (1) later than six years after the day on which he or she becomes aware of the false statement or misinterpretation or the false or misleading information.
Consequential Amendments to the Canada Student Financial Assistance Regulations
Coming into Force
Marginal note:S.C. 2014, c. 20
Footnote *27 These Regulations come into force on the day on which Division 30 of Part 6 of the Economic Action Plan 2014 Act, No. 1 comes into force, but if they are registered after that day, they come into force on the day on which they are registered.
Return to footnote *[Note: Regulations in force January 2, 2015, see SI/2014-100.]
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