Canada Student Financial Assistance Regulations

16 (1) Subject to subsection (5), where a borrower is subject to a measure taken in accordance with subsection 15(2), (3) or (4) due to the occurrence of an event referred to in paragraph 15(1)(a), (b) or (i), the borrower is entitled to a new student loan, a new certificate of eligibility, another interest-free period and further repayment assistance under section 19 or 20 if

• (a) an event referred to in paragraph 15(1)(h), (j) or (k) has not occurred in respect of the borrower’s student loans or guaranteed student loans;

• (b) [Repealed, SOR/2004-120, s. 3]

• (c) the borrower has, in respect of risk-shared loan agreements and guaranteed student loan agreements for which a judgment has not been obtained and that are held by a lender, paid the interest accrued to a day and fulfilled the terms of a repayment arrangement entered into with that lender that is no more onerous to the borrower than six consecutive payments subsequent to that day that are made in accordance with those agreements; and

• (d) the borrower has, in respect of direct loan agreements, risk-shared loan agreements and guaranteed student loan agreements held by the Minister, for which a judgment has not been obtained, paid the interest accrued to a day and fulfilled the terms of a repayment arrangement entered into with the Minister that is no more onerous to the borrower than six consecutive payments subsequent to that day that are made in accordance with those agreements.

(2) Subject to subsection (5), where a borrower is subject to a measure taken in accordance with subsection 15(2) due to the occurrence of an event referred to in any of paragraphs 15(1)(c) to (g), the borrower has the rights referred to in subsection (1) if

• (a) an event referred to in paragraph 15(1)(h), (j) or (k) has not occurred in respect of the borrower’s student loans or guaranteed student loans;

• (b) the borrower has complied with paragraph (1)(c) or (d), as the case may be, in the case where the borrower’s consumer proposal has been annulled or deemed annulled or the borrower is no longer subject to a provincial law relating to the orderly payment of debts for a reason other than full compliance with that law, and an event referred to in paragraph 15(1)(c), (d) or (f) has not occurred;

• (c) the borrower has been released of the borrower’s student loans and guaranteed student loans, in any case other than a case described in paragraph (b); or

• (d) if the borrower is released from the borrower’s student loans and guaranteed student loans by reason that an absolute order of discharge is granted under the Bankruptcy and Insolvency Act, three years have passed since the date of the order.

(3) Subject to subsection (5), where a borrower is subject to a measure taken in accordance with subsection 15(2) or (4) due to the occurrence of the event referred to in paragraph 15(1)(h), the borrower shall have the rights referred to in subsection (1) if

• (a) an event referred to in paragraph 15(1)(j) or (k) has not occurred in respect of the borrower’s student loans or guaranteed student loans;

• (b) the borrower has been released from that borrower’s student loans and guaranteed student loans that were outstanding on the day of the finding of guilt;

• (c) where the release referred to in paragraph (b) occurs by operation of an order of absolute discharge granted under the Bankruptcy and Insolvency Act, three years have passed since the date of that order; and

• (d) either five years have passed since the day of the finding of guilt or a pardon has been granted in respect of that finding.

(4) Where a borrower, who has been the subject of a measure taken in accordance with subsection 15(2), (3) or (4), has received a risk-shared loan as a minor and has refused to ratify that loan and the Minister has made a payment to the lender pursuant to subparagraph 5(a)(ix) of the Act in respect of that loan, the borrower shall have the rights referred to in subsection (1) if

• (a) the borrower ratifies that loan; and

• (b) the requirements of subsection (1), (2) or (3) are met, as is applicable in the circumstances.

(4.1) Where a borrower, who has been the subject of a measure taken in accordance with subsection 15(2), (3) or (4), has received a direct loan as a minor and has refused to ratify that loan, the borrower shall have the rights referred to in subsection (1) if

• (a) the borrower ratifies that loan; and

• (b) the requirements of subsection (1), (2) or (3) are met, as is applicable in the circumstances.

(4.2) Subject to subsection (5), where a borrower is subject to a measure taken in accordance with subsection 15(2) or (4) due to the occurrence of the event referred to in paragraph 15(1)(k), the borrower has the rights referred to in subsection (1) if the borrower has paid in full the outstanding balance of the student loans or guaranteed student loans.

(5) Where a judgment has been obtained against a borrower, that borrower shall not be entitled to the rights referred to in subsection (1) unless, in addition to meeting the requirements of subsection (1), (2) or (3), the borrower has been released from that judgment.