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

Regulations are current to 2021-09-11 and last amended on 2021-08-01. Previous Versions

PART IStudent Loans Made to Full-Time Students (continued)

Ceasing to be a Full-time Student

  •  (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 no longer meets the applicable minimum percentage referred to in the definition full-time student in subsection 2(1), and

    • (c) the applicable day, other than the applicable day referred to in paragraph 15(1)(j), on which the borrower’s interest-free period is terminated in accordance with section 15.

  • (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)

  • SOR/96-368, s. 2
  • SOR/2008-187, s. 3
  • SOR/2009-201, s. 1
  • SOR/2011-96, s. 5
  • SOR/2012-68, s. 4
  • SOR/2020-182, s. 2

Application of Certain Provisions of the Act

  •  (1) Sections 7, 8, 10 and 11 and subsection 12(4) of the Act apply in respect of risk-shared loans made to full-time students.

  • (2) Sections 7 and 8 and subsection 12(4) of the Act apply in respect of direct loans made to full-time students.

  • SOR/96-368, s. 2
  • SOR/2000-290, s. 6

Student Loan Limit

 For the purposes of paragraph 12(4)(a) of the Act, the amount for any province is $210 per week.

  • SOR/96-368, s. 2
  • SOR/2005-152, s. 5

 Despite section 10, for the loan year commencing on August 1, 2020 the amount for any province is $350 per week.

Prescribed Percentage

 For the purposes of subparagraph 12(4)(b)(ii) of the Act, the prescribed percentage, for any province, is sixty per cent.

  • SOR/96-368, s. 2

Payment of Principal and Interest

 The principal amount of a student loan made to the borrower as a full-time student, and any interest, commence to be payable by the borrower on the last day of the seventh month after the day on which the borrower most recently ceased to be a full-time student under section 8.

PART IIStudent Loans Made to Part-Time Students

Obtaining an Initial Student Loan

  •  (1) Subject to section 15, a qualifying student to whom a certificate of eligibility as a part-time student has been issued and who has no outstanding student loan or guaranteed student loan made to them as a part-time student is entitled to obtain a student loan if

    • (a) they have entered into a direct student loan agreement with the Minister;

    • (b) an officer of the designated educational institution or the appropriate authority, as the case may be, has submitted a confirmation of enrolment to the Minister and to the branch of any lender to which the student is indebted under a full-time risk-shared loan agreement or guaranteed student loan agreement; and

    • (c) the appropriate authority has submitted a certificate of eligibility to the Minister and to the branch of any lender to which the student is indebted under a full-time risk-shared loan agreement or guaranteed student loan agreement.

  • (2) When the requirements set out in subsection (1) have been met, a qualifying student becomes a part-time student.

  • SOR/96-368, s. 2
  • SOR/2000-290, s. 7
  • SOR/2018-31, s. 2

Obtaining a Further Student Loan

  •  (1) Subject to section 15, a qualifying student to whom a certificate of eligibility as a part-time student has been issued and who has an outstanding student loan or guaranteed student loan made to them as a part-time student is entitled to obtain a student loan if

    • (a) they have entered into a direct student loan agreement with the Minister;

    • (b) an officer of the designated educational institution or the appropriate authority, as the case may be, has submitted a confirmation of enrolment to the Minister and to the branch of any lender to which the student is indebted under a risk-shared loan agreement or guaranteed student loan agreement;

    • (c) the appropriate authority has submitted a certificate of eligibility to the Minister and to the branch of any lender to which the student is indebted under a risk-shared loan agreement or guaranteed student loan agreement; and

    • (d) the student has, on request, paid the Minister or any lender to which the student is indebted any interest payable on any outstanding loan, to the day before the first day of the confirmed period.

  • (2) When the requirements set out in subsection (1) have been met, the qualifying student

    • (a) again becomes a part-time student on the day on which those requirements are met, if more than six months have elapsed between the last day of the previous confirmed period and the first day of the current confirmed period; and

    • (b) continues to be a part-time student on and after the day following the last day of the previous confirmed period, where not more than six months have elapsed between the last day of that period and the first day of the current confirmed period.

  • (3) If a student is indebted to the Minister under a direct student loan agreement, a further direct loan made to that student in accordance with this section must be a revision to, and form a part of, that agreement.

  • SOR/96-368, s. 2
  • SOR/2000-290, s. 8
  • SOR/2009-201, s. 2
  • SOR/2018-31, s. 3

Continuation and Reinstatement

  •  (1) Subject to sections 12.1 and 15, a borrower continues to be or again becomes a part-time student if

    • (a) they have entered into a direct student loan agreement with the Minister;

    • (b) an officer of the designated educational institution or the appropriate authority, as the case may be, has submitted a confirmation of enrolment to the Minister and to the branch of any lender to which they are indebted under a risk shared loan agreement or guaranteed student loan agreement;

    • (c) the appropriate authority has submitted a certificate of eligibility to the Minister and to the branch of any lender to which the borrower is indebted under a risk-shared loan agreement or guaranteed student loan agreement; and

    • (d) the borrower has, on request, paid to the Minister or any lender, as the case may be, any interest payable on any outstanding loan, to the day before the first day of the confirmed period.

  • (2) When the requirements set out in subsection (1) have been met, the borrower

    • (a) again becomes a part-time student on the day on which those requirements have been met, if more than six months have elapsed between the last day of the previous confirmed period and the first day of the current confirmed period; and

    • (b) continues to be a part-time student on and after the day following the last day of the previous confirmed period, where not more than six months have elapsed between the last day of that period and the first day of the current confirmed period.

  • SOR/96-368, s. 2
  • SOR/2000-290, s. 9
  • SOR/2009-201, s. 3
  • SOR/2018-31, s. 4
 
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