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Canada Student Financial Assistance Regulations (SOR/95-329)

Regulations are current to 2020-05-17 and last amended on 2020-01-01. Previous Versions

Canada Student Financial Assistance Regulations

SOR/95-329

CANADA STUDENT FINANCIAL ASSISTANCE ACT

Registration 1995-07-17

Canada Student Financial Assistance Regulations

P.C. 1995-1121 1995-07-17

His Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Immigration and the Treasury Board, pursuant to section 15 of the Canada Student Financial Assistance ActFootnote *, is pleased hereby to make the annexed Regulations respecting the making of loans and the provision of other forms of financial assistance to students, effective August 1, 1995.

 [Repealed, SOR/2016-199, s. 2]

Interpretation

  •  (1) In the Act and these Regulations,

    borrower

    borrower means a person to whom a loan is made pursuant to the Act; (emprunteur)

    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

      • (i) has never been married or in a common-law relationship,

      • (ii) has never had children,

      • (iii) is pursuing education at a post-secondary level within four years of leaving secondary school,

      • (iv) has not been in the labour force for more than two periods of 12 consecutive months since leaving secondary school, and

      • (v) is not applying for assistance under Part V or VII; and

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

    family physician

    family physician means a person who is entitled under the laws of a province to practise family medicine and who is so practising or who is in a family medicine residency program accredited by the College of Family Physicians of Canada; (médecin de famille)

    financial assistance

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

    financial institution

    financial institution means

    • (a) a bank or authorized foreign bank within the meaning of the Bank Act,

    • (b) a credit union, caisse populaire or other cooperative credit society,

    • (c) a company within the meaning of the Trust and Loans Company Act, or

    • (d) Canada Post Corporation; (institution financière)

    full-time student

    full-time student means a person

    • (a) who, during a confirmed period within a period of studies, is enrolled in courses that constitute

      • (i) at least 40 per cent and less than 60 per cent of a course load recognized by the designated educational institution as constituting a full course load, in the case of a person who has a permanent disability and elects to be considered as a full-time student, or

      • (ii) at least 60 per cent of a course load recognized by the designated educational institution as constituting a full-time course load, in any other case,

    • (b) whose primary occupation during the confirmed periods within that period of studies is the pursuit of studies in those courses, and

    • (c) who meets the requirements of subsection 5(1) or 7(1) or section 33, as the case may be; (étudiant à temps plein)

    loan year

    loan year means the period commencing on August 1 in any year and ending on July 31 in the following year; (année de prêt)

    nurse

    nurse means a person who is entitled under the laws of a province to practise as a nurse and who is so practising; (infirmier)

    nurse practitioner

    nurse practitioner means a person who is entitled under the laws of a province to practise as a nurse practitioner and who is so practising; (infirmier practicien)

    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 and less than 60 per cent of a course load recognized by the designated educational institution as constituting a full course load and, where that person has a permanent disability and is enrolled in courses that constitute at least 40 per cent of such a full course load, elects to be considered as a part-time student, and

    • (b) who complies with the requirements of subsection 12(1), 12.1(1) or 12.2(1) or section 33, as the case may be; (étudiant à temps partiel)

    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 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 studies at a post-secondary school level or the labour force and is expected to remain with the person for the person’s expected life; (invalidité permanente)

    post-secondary school level

    post-secondary school level means education at a university or college level, including education of a technical or vocational nature; (niveau postsecondaire)

    program of studies

    program of studies means the series of periods of studies

    • (a) that is considered by the designated educational institution to be necessary to obtain a degree, certificate or diploma,

    • (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

    • (c) the aggregate of which is at least 12 weeks within a period of 15 consecutive weeks; (programme d’études)

    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 the person for their expected life; (invalidité grave et permanente)

    student loan

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

    • (a) in sections 5, 10 and 11 and paragraph 15(l) of the Act, where it means a risk-shared loan only,

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

    • (c) [Repealed, SOR/2012-41, s. 1]

    student loan agreement

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

    • (a) is in the prescribed form, and

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

    under-served rural or remote community

    under-served rural or remote community means any census subdivision — as defined in the Statistics Canada document entitled Standard Geographical Classification (SGC) 2011 — that

    • (a) does not have census tracts, as described in that document; and

    • (b) is located outside of the capitals of the ten provinces. (collectivité rurale ou éloignée mal desservie)

  • (2) In these Regulations,

    Act

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

    apprentice loan

    apprentice loan has the same meaning as in subsection 1(1) of the Apprentice Loans Regulations; (prêt aux apprentis)

    common-law partner

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

    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

    • (b) in the case of a confirmation of enrolment not forming part of a certificate of eligibility, begins on the first day of the month specified by, and ends on the last day of the other month specified by, the designated educational institution; (période confirmée)

    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

    • (a) that is in the prescribed form,

    • (b) that includes the borrower’s social insurance number,

    • (c) in which the principal amount is the aggregate of the outstanding principal amounts under those agreements,

    • (d) that replaces those agreements, and

    • (e) that includes the terms and conditions of repayment of the principal amount of the loan and the interest payable thereunder; (contrat de prêt à risque partagé consolidé)

    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

    • (a) is in the prescribed form, and

    • (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

    • (a) that is in the prescribed form; and

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

    full-time loan agreement

    full-time loan agreement[Repealed, SOR/2000-290, s. 1]

    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)

    loan agreement

    loan agreement means a risk-shared loan agreement or a direct loan agreement; (contrat de prêt)

    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

    • (a) is the registrar of that institution or a person authorized by the registrar to act on behalf of the registrar,

    • (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)

    participating province

    participating province means a province other than one that has chosen not to participate in the financial assistance plan in accordance with section 14 of the Act; (province participante)

    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)

    part-time loan agreement

    part-time loan agreement[Repealed, SOR/2000-290, s. 1]

    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)

    spouse

    spouse[Repealed, SOR/2001-230, s. 1]

  • (3) [Repealed, SOR/2000-290, s. 1]

  • SOR/96-368, s. 1
  • SOR/98-402, s. 1
  • SOR/2000-290, s. 1
  • SOR/2001-230, s. 1
  • SOR/2004-120, s. 1
  • SOR/2009-143, s. 1
  • SOR/2009-212, s. 1
  • SOR/2010-188, s. 1
  • SOR/2011-96, s. 1
  • SOR/2012-41, s. 1
  • SOR/2012-68, s. 1
  • SOR/2012-254, s. 1
  • SOR/2014-255, s. 20
  • SOR/2018-31, s. 1
  • SOR/2019-214, s. 1
 
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