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

1 [Repealed, SOR/2016-199, s. 2]

Interpretation

• 2 (1) In the Act and these Regulations,

  borrower

  borrower means a person to whom a loan is made pursuant to the Act; (emprunteur)

  consolidated student loan agreement

  consolidated student loan agreement means a consolidated risk-shared loan agreement or a consolidated direct loan agreement, except in section 5 of the Act where it means a consolidated risk-shared loan agreement only; (contrat de prêt consolidé)

  course

  course means formal instruction or training that constitutes, or is determined by a designated educational institution to be equivalent to, an essential element of a program of studies at a post-secondary school level at that institution, but does not include any formal instruction or practical training required for acceptance in a professional corporation or for the practice of any trade or profession unless that formal instruction or practical training is necessary to obtain a degree, certificate or diploma from that designated educational institution; (cours)

  family income

  family income means the aggregate income — including income from employment, social programs, investments and monetary gifts — of

  • (a) the borrower or student and their spouse or common-law partner, in the case of a borrower or student who is married or has a common-law partner,

  • (b) the parents of the student, in the case of a full-time student who

    • (i) has never been married or in a common-law relationship,

    • (ii) has never had children,

    • (iii) is pursuing education at a post-secondary level within four years of leaving secondary school,

    • (iv) has not been in the labour force for more than two periods of 12 consecutive months since leaving secondary school, and

    • (v) is not applying for assistance under Part V or VII; and

  • (c) the borrower or student, in any other case; (revenu familial)

  family physician

  family physician means a person who is entitled under the laws of a province to practise family medicine and who is so practising or who is in a family medicine residency program accredited by the College of Family Physicians of Canada; (médecin de famille)

  financial assistance

  financial assistance means any form of financial aid provided under the Act, including student loans; (aide financière)

  financial institution

  financial institution means

  • (a) a bank or authorized foreign bank within the meaning of the Bank Act,

  • (b) a credit union, caisse populaire or other cooperative credit society,

  • (c) a company within the meaning of the Trust and Loans Company Act, or

  • (d) Canada Post Corporation; (institution financière)

  full-time student

  full-time student means a person

  • (a) who

    • (i) during a confirmed period within a period of studies, is enrolled in courses that constitute at least 60 per cent of a course load recognized by the designated educational institution as constituting a full course load,

    • (ii) has as their primary occupation during that confirmed period the pursuit of studies in those courses, and

    • (iii) meets the requirements of subsection 5(1) or 7(1) or section 7.01 or 33, as the case may be; or

  • (b) who elects to be considered as a full-time student under section 2.1; (étudiant à temps plein)

  loan year

  loan year means the period commencing on August 1 in any year and ending on July 31 in the following year; (année de prêt)

  nurse

  nurse means a person who is entitled under the laws of a province to practise as a nurse and who is so practising; (infirmier)

  nurse practitioner

  nurse practitioner means a person who is entitled under the laws of a province to practise as a nurse practitioner and who is so practising; (infirmier practicien)

  part-time student

  part-time student means a person

  • (a) who, during a confirmed period within a period of studies, is enrolled in courses that constitute at least 20 per cent but less than 60 per cent of a course load recognized by the designated educational institution as constituting a full course load, and

  • (b) who meets the requirements of subsection 12(1), 12.1(1) or 12.2(1) or section 33, as the case may be; (étudiant à temps partiel)

  period of studies

  period of studies means the length of time that a designated educational institution considers to be a normal school year for the program of studies in which the qualifying student or the borrower is enrolled and that, where the period between the day on which that person ceased to be a full-time student pursuant to section 8 or a part-time student pursuant to section 12.3, as the case may be, and the first day of the first confirmed period of the current school year is less than six months, includes that period; (période d’études)

  permanent disability

  permanent disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — that restricts the ability of a person to perform the daily activities necessary to pursue studies at a post-secondary school level or to participate in the labour force and that is expected to remain with the person for the person’s expected life; (invalidité permanente)

  persistent or prolonged disability

  persistent or prolonged disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — that restricts the ability of a person to perform the daily activities necessary to pursue studies at a post-secondary school level or to participate in the labour force and has lasted, or is expected to last, for a period of at least 12 months but is not expected to remain with the person for the person’s expected life; (invalidité persistante ou prolongée)

  post-secondary school level

  post-secondary school level means education at a university or college level, including education of a technical or vocational nature; (niveau postsecondaire)

  program of studies

  program of studies means the series of periods of studies

  • (a) that is considered by the designated educational institution to be necessary to obtain a degree, certificate or diploma,

  • (b) that is recognized by the appropriate authority which designated that institution under the Act or the Canada Student Loans Act, or any successor to that authority, and

  • (c) the aggregate of which is at least 12 weeks within a period of 15 consecutive weeks; (programme d’études)

  severe permanent disability

  severe permanent disability means any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment — or a functional limitation — that prevents a person from performing the daily activities necessary to participate in the labour force in a manner that is substantially gainful, as defined in section 68.1 of the Canada Pension Plan Regulations, and is expected to remain with the person for their expected life; (invalidité grave et permanente)

  student loan

  student loan means a risk-shared loan or a direct loan except

  • (a) in sections 5, 10 and 11 and paragraph 15(l) of the Act, where it means a risk-shared loan only,

  • (b) in subsection 14(2) of the Act, where it means a guaranteed student loan; (prêt d’études)

  • (c) [Repealed, SOR/2012-41, s. 1]

  student loan agreement

  student loan agreement means a contract entered into before August 1, 2000 between a qualifying student and a lender that

  • (a) is in the prescribed form, and

  • (b) includes the student’s social insurance number; (contrat de prêt simple)

  under-served rural or remote community

  under-served rural or remote community means a population centre with a population of no more than 30,000 based on data published in the most recent census of population or a rural area, based on data published in that census. (collectivité rurale ou éloignée mal desservie)

• (2) In these Regulations,

  Act

  Act means the Canada Student Financial Assistance Act; (Loi)

  apprentice loan

  apprentice loan has the same meaning as in subsection 1(1) of the Apprentice Loans Regulations; (prêt aux apprentis)

  common-law partner

  common-law partner in relation to a borrower, means a person who is cohabiting with a borrower in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

  confirmation of enrolment

  confirmation of enrolment means a prescribed form, which may or may not form part of a certificate of eligibility, and where it does not, includes the qualifying student’s or borrower’s social insurance number; (confirmation d’inscription)

  confirmed period

  confirmed period means a period of studies, or part thereof, which is at least six consecutive weeks and which

  • (a) in the case of a confirmation of enrolment forming part of a certificate of eligibility, begins on the first day of the month specified by the designated educational institution and ends on the last day of the last month of the period of studies specified by the appropriate authority, and

  • (b) in the case of a confirmation of enrolment not forming part of a certificate of eligibility, begins on the first day of the month specified by, and ends on the last day of the other month specified by, the designated educational institution; (période confirmée)

  consolidated direct loan agreement

  consolidated direct loan agreement means a contract in the prescribed form that is entered into between the Minister and a borrower who has ceased to be a full-time student pursuant to section 8 and who is indebted to the Minister under any full-time direct loan agreement and that includes the borrower’s social insurance number; (contrat de prêt direct consolidé)

  consolidated guaranteed student loan agreement

  consolidated guaranteed student loan agreement has the same meaning as subsection 2(2) of the Canada Student Loans Regulations; (contrat de prêt garanti consolidé)

  consolidated risk-shared loan agreement

  consolidated risk-shared loan agreement means a contract that is entered into between a borrower who has ceased to be a full-time student pursuant to section 8 and the lender to whom the borrower is indebted under any full-time risk-shared loan agreement and

  • (a) that is in the prescribed form,

  • (b) that includes the borrower’s social insurance number,

  • (c) in which the principal amount is the aggregate of the outstanding principal amounts under those agreements,

  • (d) that replaces those agreements, and

  • (e) that includes the terms and conditions of repayment of the principal amount of the loan and the interest payable thereunder; (contrat de prêt à risque partagé consolidé)

  direct loan

  direct loan means a debt obligation incurred by a qualifying student on entering into a direct loan agreement and which is owed to Her Majesty in right of Canada, as represented by the Minister; (prêt direct)

  direct loan agreement

  direct loan agreement means a full-time direct loan agreement, a direct student loan agreement or a consolidated direct loan agreement; (contrat de prêt direct)

  direct student loan agreement

  direct student loan agreement means a contract entered into after July 31, 2000 between a qualifying student and the Minister pursuant to paragraph 12(1)(a), 12.1(1)(a) or 12.2(1)(a) and that

  • (a) is in the prescribed form, and

  • (b) includes the student’s social insurance number; (contrat de prêt direct simple)

  full-time direct loan agreement

  full-time direct loan agreement means a contract that is entered into after July 31, 2000 between a qualifying student and the Minister under paragraph 5(1)(d) and

  • (a) that is in the prescribed form; and

  • (b) that includes the student’s social insurance number; (contrat de prêt direct à temps plein)

  full-time loan agreement

  full-time loan agreement[Repealed, SOR/2000-290, s. 1]

  full-time risk-shared loan agreement

  full-time risk-shared loan agreement means a contract that was entered into before August 1, 2000 between a qualifying student and a lender under these Regulations; (contrat de prêt à risque partagé à temps plein)

  guaranteed student loan

  guaranteed student loan has the same meaning as under the Canada Student Loans Act; (prêt garanti)

  guaranteed student loan agreement

  guaranteed student loan agreement has the same meaning as under the Canada Student Loans Regulations; (contrat de prêt garanti)

  loan agreement

  loan agreement means a risk-shared loan agreement or a direct loan agreement; (contrat de prêt)

  officer of the designated educational institution

  officer of the designated educational institution means a person authorized by a designated educational institution to sign confirmations of enrolment on behalf of the institution and who

  • (a) is the registrar of that institution or a person authorized by the registrar to act on behalf of the registrar,

  • (b) is a student aid officer in that institution, or

  • (c) has the de facto capacity of the registrar of or a student aid officer in that institution; (agent de l’établissement agréé)

  participating province

  participating province means a province other than one that has chosen not to participate in the financial assistance plan in accordance with section 14 of the Act; (province participante)

  part-time guaranteed loan agreement

  part-time guaranteed loan agreement has the same meaning as in subsection 2(2) of the Canada Student Loans Regulations; (contrat de prêt garanti à temps partiel)

  part-time loan agreement

  part-time loan agreement[Repealed, SOR/2000-290, s. 1]

  provincial loan

  provincial loan means a loan issued by a province for the purpose of assisting a student in the pursuit of studies at a designated educational institution; (prêt provincial)

  risk-shared loan

  risk-shared loan means a debt obligation incurred by a qualifying student on entering into a risk-shared loan agreement and which is owed to a lender or Her Majesty in right of Canada, as represented by the Minister; (prêt à risque partagé)

  risk-shared loan agreement

  risk-shared loan agreement means a full-time risk-shared loan agreement, a student loan agreement or a consolidated risk-shared loan agreement and includes agreements entered into under subsection 14(3) of the Regulations, whatever the date they are entered into. (contrat de prêt à risque partagé)

  spouse

  spouse[Repealed, SOR/2001-230, s. 1]

• (3) [Repealed, SOR/2000-290, s. 1]