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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 IIStudent Loans Made to Part-Time Students (continued)

Medical Leave and Parental Leave

  •  (1) The Minister may, on application, grant a borrower who ceases to be a part-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 following 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.

  • (2) If the Minister grants the borrower’s application, the borrower is deemed to continue to be a part-time student despite section 12.3 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 part-time student.

  • (3) 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 (2) 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.

  • (4) 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 (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 18 months.

  • (5) A borrower who has been granted a period of postponement of repayment cannot submit a new application for 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 Part-time Student

 Subject to paragraphs 12.1(2)(b) and 12.2(2)(b) and subsection 12.21(2), a borrower ceases to be a part-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 part-time student in subsection 2(1), and

  • (c) the applicable day on which the period during which no amount on account of principal or interest is required to be paid by the borrower is terminated in accordance with section 15.

Application of Section 11 of the Act

 Section 11 of the Act applies in respect of risk-shared loans made to part-time students.

  • SOR/96-368, s. 2
  • SOR/2000-290, s. 10

Student Loan Limit

 The maximum amount, for any province, for the purposes of subsection 12(6) of the Act is $10,000 less the aggregate principal amount of any outstanding student loans or guaranteed student loans made to that student as a part-time student.

  • SOR/96-368, s. 2
  • SOR/2009-201, s. 5

Payment of Principal and Interest

 The principal amount of a student loan made to the borrower as a part-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 or a part-time student under section 12.3, as the case may be.

  • SOR/2009-201, s. 5

PART IIIAssignments and Transfers

[
  • SOR/96-368, s. 2
]

Assignment of Agreements

  •  (1) In this section and section 14,

    assignee lender

    assignee lender means a lender to which a borrower’s outstanding risk-shared loan agreements are assigned in accordance with this section; (prêteur cessionnaire)

    assignor lender

    assignor lender means a lender that assigns a borrower’s outstanding risk-shared loan agreements in accordance with this section. (prêteur cédant)

  • (2) Subject to section 14, a borrower may request the assignment of all of that borrower’s outstanding risk-shared loan agreements if the following conditions are met:

    • (a) the borrower completes the prescribed form to request an assignment of risk-shared loan agreements,

    • (b) the borrower submits the completed form to the assignor lender, and

    • (c) the assignee lender accepts the agreements to be assigned.

  • (3) Where subsection (2) is complied with, the assignor lender shall sign the assignment agreement and forthwith send to the assignee lender the borrower’s risk-shared loan agreements and all other documentation in respect of those agreements.

  • (4) Subject to subsection 14(3), on receipt of the agreements and other documentation referred to in subsection (3) and on verification that subsection 14(1) has been complied with, the assignee lender shall pay to the assignor lender an amount equal to the aggregate of the outstanding balance of the principal of the risk-shared loans as of the day referred to in subsection (5) and any unpaid interest accrued on those loans to that day, less five per cent of the outstanding principal amount of any risk-shared loans made to the borrower for which a risk premium was paid to a lender pursuant to subparagraph 5(a)(v) of the Act.

  • (5) An assignment made in accordance with this section shall take effect on the day before the day of the payment referred to in subsection (4).

  • SOR/96-368, s. 3
  • SOR/2000-290, s. 11
  •  (1) No assignment of risk-shared loan agreements shall be made unless the borrower has

    • (a) complied with subparagraphs 6(1)(d)(i) and (e)(i) or 7(1)(d)(i) and (e)(i) or 12.1(1)(d)(i) or 12.2(1)(d)(i), where applicable to the borrower, or

    • (b) paid to the assignor lender all instalments required from the borrower in accordance with that borrower’s risk-shared loan agreements to the date of the request to assign, where none of the provisions referred to in paragraph (a) apply to the borrower.

  • (2) A risk-shared loan agreement in respect of which a judgment has been obtained shall not be assigned.

  • (3) An assignee lender may require that the borrower enter into new agreements with the lender in the form approved by the Minister for that lender and, where such a requirement is imposed, the assignment shall take effect on the day those agreements are entered into.

  • SOR/96-368, s. 4
  • SOR/2000-290, s. 11

Transfer of Agreements

  •  (1) The definitions in this subsection apply in this section.

    transferee branch

    transferee branch means a branch of the lender to which a borrower’s outstanding risk-shared loan agreements are transferred in accordance with this section; (destinataire du transfert)

    transferor branch

    transferor branch means a branch of the lender that transfers a borrower’s outstanding risk-shared loan agreements in accordance with this section. (auteur du transfert)

  • (2) Subject to subsection (5) a borrower may request the transfer of all of the borrower’s outstanding risk-shared loan agreements if the following conditions are met:

    • (a) the borrower completes the prescribed form to request a transfer of risk-shared loan agreements,

    • (b) the borrower submits the completed form to the transferor branch, and

    • (c) the transferee branch accepts the agreements to be transferred.

  • (3) Where subsection (2) is complied with and subject to subsection (5), the transferor branch shall forthwith send to the transferee branch the borrower’s risk-shared loan agreements and all other documentation in respect of those agreements.

  • (4) The lender shall send to the borrower notice of completion of the transfer.

  • (5) No transfer of risk-shared loan agreements shall be made unless the borrower has

    • (a) complied with subparagraphs 6(1)(d)(i) and (e)(i) or 7(1)(d)(i) and (e)(i) or 12.1(1)(d)(i) or 12.2(1)(d)(i), where applicable to the borrower, or

    • (b) paid to the transferor branch all instalments required from the borrower in accordance with that borrower’s risk-shared loan agreements to the date of the request to transfer, where none of the provisions referred to in paragraph (a) apply to the borrower.

  • SOR/96-368, s. 5
  • SOR/2000-290, s. 11

 A branch of a lender shall not, on its own initiative, transfer a borrower’s risk-shared loan agreements unless written notice of the transfer has been provided to the borrower.

  • SOR/96-368, s. 5
  • SOR/2000-290, s. 11
 
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