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

Election

Marginal note:Person with a disability

2.1 A person who has either a permanent disability or a persistent or prolonged disability and who, during a confirmed period within a period of studies, is enrolled in courses that constitute at least 40 per cent but less than 60 per cent of a course load recognized by the designated educational institution as constituting a full course load, may elect to be considered as a full-time student.

Certificate of Eligibility

3 A certificate of eligibility issued under subsection 12(1) of the Act shall specify whether the qualifying student named in that certificate qualifies for the issuance of that certificate under the Act and these Regulations as a full-time student or part-time student.

4 [Repealed, SOR/2011-96, s. 2]

PART IStudent Loans Made to Full-Time Students

Obtaining a Direct Loan

• 5 (1) Subject to section 15, the Minister may make a direct loan to a qualifying student who is enrolled as a full-time student at a designated educational institution and who

  • (a) is issued, or in respect of whom is issued, a certificate of eligibility;

  • (b) within 30 days after obtaining confirmation of their enrolment from an officer of the designated educational institution but no later than the last day of the confirmed period, submits the confirmation of enrolment

    • (i) to the Minister unless they are notified in writing by the appropriate authority that the confirmation of enrolment is to be submitted to the Minister by the designated educational institution, and

    • (ii) to the branch of the lender to which they are indebted under any risk-shared loan agreement or guaranteed student loan agreement;

  • (c) authorizes the designated educational institution to forward to the Minister any refund of fees that have been paid with the proceeds of a direct loan authorized by the certificate of eligibility for credit against any direct loans of the student;

  • (d) has entered into a full-time direct loan agreement for the period of studies referred to in the certificate of eligibility;

  • (e) if more than six months have elapsed between the day on which the student ceased to be a full-time student under section 8 and the first day of the current confirmed period,

    • (i) if they are indebted under any full-time risk-shared loan agreement or guaranteed student loan agreement entered into as a full-time student, pays to the lender any interest accrued under those agreements to the day before the first day of the confirmed period, and

    • (ii) if they are indebted under any full-time direct loan agreement, pays to the Minister any interest accrued under that agreement to the day before the first day of the confirmed period;

  • (f) if the confirmation of enrolment is submitted to the Minister more than six months after the day they ceased to be a full-time student under section 8 but before the last day of the confirmed period that started within the six-month period,

    • (i) if they are indebted under any full-time risk-shared loan agreement or guaranteed student loan agreement entered into as a full-time student, either

      • (A) pays to the lender the interest accrued under those agreements from the day after they ceased to be a full-time student to the day before the day on which the confirmation of enrolment is submitted to the Minister, or

      • (B) enters into a consolidated risk-shared loan agreement or a consolidated guaranteed student loan agreement in which the unpaid accrued interest referred to in clause (A) is added to the principal amount,

    • (ii) if they are indebted under any full-time direct loan agreement, either

      • (A) pays to the Minister the interest accrued under those agreements from the day after they ceased to be a full-time student to the day before the day on which the confirmation of enrolment is submitted to the Minister, or

      • (B) directs the addition of the unpaid accrued interest referred to in clause (A) to the outstanding principal.

• (2) A qualifying student who has no outstanding student loan or guaranteed student loan made to them as a full-time student and who meets the conditions referred to in paragraphs (1)(a) to (d) becomes a full-time student on the later of the day on which the confirmation of enrolment is received by the Minister and the day on which they enter into the full-time direct loan agreement.

• (3) A qualifying student who has an outstanding student loan or guaranteed student loan made to them as a full-time student and who meets the conditions referred to in paragraphs (1)(a) to (d)

  • (a) in the case where they meet the requirements of paragraph (1)(e) or (f), again become a full-time student on the day on which they meet those requirements; or

  • (b) in any other case, continues to be a full-time student beginning on the day following the day on which they would otherwise have ceased to be a full-time student.

6 [Repealed, SOR/2011-96, s. 3]

Continuation and Reinstatement

• 7 (1) A borrower shall, in order to continue to be or again become a full-time student,

  • (a) within 30 days after obtaining confirmation of their enrolment from an officer of the designated educational institution at which they are enrolled but before the end of the confirmed period, submits the confirmation of enrolment

    • (i) to the Minister, if they are indebted under a direct loan agreement, and

    • (ii) to the branch of the lender to which they are indebted under a risk-shared loan agreement or guaranteed student loan agreement;

  • (b) when more than six months have elapsed between the day on which they ceased to be a full-time student under section 8 and the first day of the current confirmed period,

    • (i) pay, if they are indebted under any full-time risk-shared loan agreement or guaranteed student loan agreement entered into as a full-time student, to the lender any interest accrued under those agreements to the day before the first day of the confirmed period, and

    • (ii) pay, if they are indebted under any full-time direct loan agreement, to the Minister any interest accrued under that agreement to the day before the first day of the confirmed period;

  • (c) if the confirmation of enrolment is submitted more than six months after the day that they ceased to be a full-time student under section 8 but before the last day of the confirmed period that started within the six-month period and

    • (i) if they are indebted under any full-time risk-shared loan agreement or guaranteed student loan agreement that was entered into as a full-time student, either

      • (A) pay to the lender the interest accrued under those agreements from the day after they ceased to be a full-time student, or

      • (B) enter into a consolidated risk-shared loan agreement or a consolidated guaranteed student loan agreement in which the unpaid accrued interest referred to in clause (A) is added to the principal amount; or

    • (ii) if they are indebted under any full-time direct loan agreement, either

      • (A) pay to the Minister the interest accrued under that agreement from the day after they ceased to be a full-time student, or

      • (B) directs the addition of the unpaid accrued interest referred to in clause (A) to the outstanding principal.

• (2) A borrower who meets the conditions referred to in paragraph (1)(a)

  • (a) in the case where they meet the conditions of paragraph (1)(b) or (c), again becomes a full-time student on the day on which they meet those conditions; or

  • (b) in any other case, continues to be a full-time student beginning on the day following the day on which they would otherwise have ceased to be a full-time student.

• 7.01 (1) A borrower who ceases to be a full-time student under paragraph 8(1)(c) due to the occurrence of an event referred to in paragraph 15(1)(a), (b) or (i) cannot again become a full-time student unless the requirements in paragraphs 16(1)(a) to (d) are met, in addition to those set out in section 7.

• (2) A borrower who ceases to be a full-time student under paragraph 8(1)(c) due to the occurrence of an event referred to in any of paragraphs 15(1)(c) to (g) cannot again become a full-time student unless one of the requirements in paragraphs 16(2)(a) to (d) is met, in addition to those set out in section 7.

• (3) A borrower who ceases to be a full-time student under paragraph 8(1)(c) due to the occurrence of an event referred to in paragraph 15(1)(h) cannot again become a full-time student unless the requirements in paragraphs 16(3)(a) to (d) are met, in addition to those set out in section 7.

• (4) If a borrower who ceases to be a full-time student under paragraph 8(1)(c) was a minor when they received a risk-shared loan and has refused to ratify that loan, and the Minister has made a payment to the lender pursuant to subparagraph 5(a)(ix) of the Act in respect of that loan, the borrower cannot again become a full-time student unless the requirements in paragraphs 16(4)(a) and (b) are met, in addition to those set out in section 7.

• (5) If a borrower who ceases to be a full-time student under paragraph 8(1)(c) was a minor when they received a direct loan and has refused to ratify that loan, the borrower cannot again become a full-time student unless the requirements in paragraphs 16(4.1)(a) and (b) are met, in addition to those set out in section 7.

• (6) A borrower who ceases to be a full-time student under paragraph 8(1)(c) due to the occurrence of an event referred to in paragraph 15(1)(k) cannot again become a full-time student unless the requirement in subsection 16(4.2) is met, in addition to meeting the requirements set out in section 7.

• (7) If a judgment has been obtained against a borrower, the borrower cannot again become a full-time student unless the requirements in subsection 16(5) are met, in addition to those set out in section 7.

Medical Leave and Parental Leave

• 7.1 (1) The following definitions apply in this section and in section 12.21.

  medical leave

  medical leave means a leave from studies taken by a borrower as a result of a medical problem that, in the opinion of a medical professional, would significantly interfere with the borrower’s ability to pursue their program of studies. (congé pour raisons médicales)

  parental leave

  parental leave means a leave from studies taken by a borrower as a result of the birth of a child of the borrower, the adoption of a child by the borrower, or the commencement of the guardianship or tutorship of a child by the borrower. (congé parental)

  period of postponement of repayment

  period of postponement of repayment means the period during which, by reason of a medical leave or parental leave, no amount on account of principal or interest is required to be paid by the borrower in respect of a student loan. (différé de remboursement)

• (2) The Minister may, on application, grant a borrower who ceases to be a full-time student on or after October 1, 2020 a period of postponement of repayment by reason of medical leave or parental leave, if the borrower submits the application in the form and manner specified by the Minister in the six months after the end of the borrower’s most recent period of studies, but no later than 12 months after

  • (a) in the case of a medical leave, the date specified by the medical professional; or

  • (b) in the case of a parental leave, the date of the birth or adoption of a child or the date the borrower becomes the guardian or tutor of a child.

• (3) If the Minister grants the borrower’s application, the borrower is deemed to continue to be a full-time student despite section 8 for a six-month period beginning on the first day of the month after the month in which they would otherwise have ceased to be a full-time student.

• (4) If the borrower’s medical leave or parental leave must be extended or the borrower is entitled to a new medical leave or a new parental leave, the borrower may, no earlier than 30 days before the end of the six-month period referred to in subsection (3) and no later than 30 days after that period, submit a request to the Minister to extend the length of the period of postponement of repayment to 12 months.

• (5) If the borrower’s medical leave or parental leave must be further extended or the borrower is entitled to a new medical leave or a new parental leave, the borrower may, no earlier than 30 days before the end of the 12-month period referred to in subsection (4) and no later than 30 days after that period, submit a request to the Minister to extend the length of the period of postponement of repayment to 18 months.

• (6) A borrower who has been granted a period of postponement of repayment cannot submit a new application for a period of postponement of repayment by reason of a new medical leave or a new parental leave for 30 days after the first day of the current confirmed period.

Ceasing to be a Full-time Student

• 8 (1) Subject to paragraphs 5(3)(b) and 7(2)(b) and subsection 7.1(3), the borrower ceases to be a full-time student on the earliest of

  • (a) the last day of the last confirmed period,

  • (b) the last day of the month in which the borrower’s course load no longer meets the minimum percentage set out in subparagraph (a)(i) of the definition full-time student in subsection 2(1) or, in the case of a person who elects to be considered as a full-time student under section 2.1, the minimum percentage set out in that section,

  • (c) if an event referred to in any of paragraphs 15(1)(a) to (i) occurs, the applicable day referred to in that paragraph, and

  • (d) the day on which an event referred to in any of paragraphs 15(10)(a) to (d) occurs.

• (1.1) Despite paragraph (1)(c), if an event referred to in paragraph 15(1)(a) or (b) occurs in respect of a student loan made to a borrower as a full-time student and, subsequent to that event, the borrower erroneously receives a certificate of eligibility and at least one disbursement authorized by that certificate of eligibility, the borrower ceases to be a full-time student at the end of the period of studies for which the certificate of eligibility was issued.

• (1.2) Despite paragraph (1)(c), if an event referred to in any of paragraphs 15(1)(c) to (g) occurs in respect of either a student loan or a guaranteed student loan made to a borrower as a full-time student, before the last day of the last confirmed period of the program of studies in which the borrower is enrolled at the time the event occurs, the borrower ceases to be a full-time student on the earliest of

  • (a) the last day of the last confirmed period of the program of studies in which the borrower was enrolled at the time the event occurred,

  • (b) the day that is three years after the occurrence of the event or, if that day occurs during a confirmed period, the last day of that period, and

  • (c) the last day of the month in which the borrower’s course load no longer meets the minimum percentage set out in subparagraph (a)(i) of the definition full-time student in subsection 2(1) or, in the case of a person who elects to be considered as a full-time student under section 2.1, the minimum percentage set out in that section.

• (2) Despite subsection (1), a borrower who is a member of the reserve force and who interrupts their program of studies to serve on a designated operation ceases to be a full-time student on the last day of the month in which their service on the designated operation ends. However, if, as a result of the date on which their service on the designated operation ends, the borrower is unable to continue in a program of studies within six months after that date, the Minister may, on application, delay by up to six months the date on which the borrower ceases to be a full-time student.

• (3) A borrower referred to in subsection (2) must, no later than 30 days after receipt of their posting message provided by the Department of National Defence unless circumstances beyond the control of the borrower necessitate a longer period, notify the Minister in the prescribed form that they will be serving on the designated operation and provide the Minister with

  • (a) their social insurance number;

  • (b) a list of their outstanding student loans, guaranteed student loans and provincial loans;

  • (c) a copy of the posting message; and

  • (d) at the request of the Minister, any information that is necessary to enable the Minister to assess whether the borrower meets the requirements of subsection (2).

• (4) If a borrower referred to in subsection (2) is unable to continue full-time in a program of studies as a result of an injury or disease that is attributable to or was incurred during the designated operation or the aggravation of an injury or disease, if the aggravation was attributable to or was incurred during the designated operation, the borrower ceases to be a full-time student on the earlier of the day

  • (a) on which the Minister determines that the injury or disease, or the aggravation of the injury or disease, no longer precludes the borrower from returning to a program of studies; and

  • (b) that is 2 years after the day on which the borrower’s service on the designated operation ended.

• (5) The following definitions apply in this section:

  designated operation

  designated operation means an operation that is designated under paragraph 247.5(1)(a) of the Canada Labour Code. (opération désignée)

  reserve force

  reserve force has the same meaning as in subsection 2(1) of the National Defence Act. (force de réserve)