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

Regulations are current to 2020-10-21 and last amended on 2020-10-01. Previous Versions

Certificate of Eligibility

 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.

  • SOR/96-368, s. 2
  • SOR/2000-290, s. 2
  • SOR/2009-143, s. 2
  • SOR/2011-96, s. 2

 [Repealed, SOR/2011-96, s. 2]

PART IStudent Loans Made to Full-Time Students

Obtaining a Direct Loan

  •  (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.

  • SOR/96-368, s. 2
  • SOR/2000-290, s. 3
  • SOR/2011-96, s. 3
  • SOR/2012-68, s. 2

 [Repealed, SOR/2011-96, s. 3]

Continuation and Reinstatement

  •  (1) Subject to section 15, 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.

  • SOR/96-368, s. 2
  • SOR/2000-290, s. 5
  • SOR/2002-233, s. 2
  • SOR/2011-96, s. 4
  • SOR/2012-68, s. 3

Medical Leave and Parental Leave

  •  (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, a borrower is not required to repay the principal amount of a student loan and no interest is payable. (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.

  • SOR/2020-182, s. 1
 
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