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Canada Student Loans Regulations (SOR/93-392)

Regulations are current to 2021-05-04 and last amended on 2020-10-01. Previous Versions

Continuation and Reinstatement

  •  (1) Subject to section 9, a borrower shall, in order to continue to be or again become a full-time student,

    • (a) obtain, on a confirmation of enrolment, the signature of an officer of the specified educational institution at which the borrower is enrolled or the signature of the appropriate authority for the province in which that institution is located, where that institution has authorized that authority to act as an agent of that institution for such a purpose and has notified the Minister of that authorization;

    • (b) sign the consent and certification portion, which includes a statement to the effect that the borrower ratifies any guaranteed student loans made to the borrower while a minor, of the confirmation of enrolment;

    • (c) within 30 days after the signing of the confirmation of enrolment but before the end of the confirmed period, submit the confirmation of enrolment to the branch of the lender that holds the borrower's outstanding guaranteed student loans;

    • (d) pay to the lender any interest accrued to the day before the beginning of the confirmed period, where more than six months have elapsed between the day on which a borrower ceased to be a full-time student pursuant to section 4.1 and the beginning of the current confirmed period; and

    • (e) where the borrower submits the confirmation of enrolment later than six months after the day the borrower ceased to be a full-time student pursuant to section 4.1 but before the last day of the confirmed period that started within the six-month period, either

      • (i) pay to the lender any interest accrued from the day on which the borrower ceased to be a full-time student, or

      • (ii) enter into a consolidated guaranteed student loan agreement in which the unpaid accrued interest referred to in subparagraph (i) is added to the principal amount.

  • (2) Where the borrower referred to in subsection (1) meets the requirements set out in that subsection,

    • (a) the borrower again becomes a full-time student on the day on which the borrower meets those requirements, where paragraph (1)(d) or (e) applies in respect of the borrower; and

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

  • (3) Where a borrower continues to be or again becomes a full-time student in accordance with subsection (2), the lender shall suspend the obligations of the borrower with respect to principal and interest

    • (a) subject to subsections 4(1) and (3) of the Act and section 15, in respect of any guaranteed student loan made and consolidated before August 1, 1993, for the period beginning on the applicable day referred to in subsection (2) and ending on the last day of the sixth month after the month in which the borrower again ceases to be a full-time student; and

    • (b) subject to subsections 4(2) and (4) of the Act and sections 14 and 15, in respect of any guaranteed student loan made before, on or after August 1, 1993 and consolidated after that date, for the period beginning on the applicable day referred to in subsection (2) and ending on the last day of the month in which the borrower again ceases to be a full-time student.

  • SOR/95-331, s. 2
  • SOR/96-369, s. 2
  • SOR/2002-234, s. 1

Medical Leave and Parental Leave

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

    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 guaranteed 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 a medical leave or a 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 4.1 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/2020-184, s. 1

Ceasing to Be a Full-time Student

[SOR/96-369, s. 2]
  •  (1) Subject to paragraph 3(2)(b) and subsection 4(3), a 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 day on which the borrower's interest-free period is terminated in accordance with subsection 9(4).

  • (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, provincial student loans with lenders and other provincial student 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 was 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/95-331, s. 2
  • SOR/96-369, s. 3
  • SOR/2004-121, s. 2
  • SOR/2008-187, s. 1
  • SOR/2020-184, s. 2
 
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