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Canada Student Loans Regulations (SOR/93-392)

Regulations are current to 2024-05-14 and last amended on 2023-12-08. Previous Versions

Removal of Restrictions

[
  • SOR/96-369, s. 9
]
  •  (1) A borrower who has been the subject of a measure taken in accordance with subsection 9(3) or (5) is entitled to repayment assistance under section 19 or 20 of the Canada Student Financial Assistance Regulations or the loan forgiveness referred to in subsection 11.1(1) of the Act if, on or after the earlier of the day referred to in paragraph 9(1)(a), (b) or (i) of these Regulations and the day on which the measure was taken,

    • (a) the borrower has fulfilled the requirements of section 16 of the Canada Student Financial Assistance Regulations in respect of the borrower's student loans, if any;

    • (b) an event referred to in paragraph 9(1)(h) or subsection 9(9) has not occurred in respect of the borrower’s guaranteed student loans;

    • (c) a judgment has not been obtained against the borrower in respect of those loans;

    • (d) the borrower has, in respect of guaranteed student loan agreements, fulfilled the terms of a repayment arrangement entered into with the lender that is no more onerous to the borrower than six consecutive payments subsequent to a day that are made in accordance with those agreements, and has paid the interest accrued to that day; and

    • (e) the borrower has, in respect of guaranteed student loan agreements, 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 a day that are made in accordance with those agreements, and

  • (2) Where a borrower is subject to a measure taken in accordance with subsection 9(4) due to the occurrence of an event referred to in any of paragraphs 9(1)(c) to (g), the borrower has the rights referred to in subsection (1) if

    • (a) the borrower has fulfilled the requirements of section 16 of the Canada Student Financial Assistance Regulations in respect of the borrower's student loans, if any;

    • (b) an event referred to in paragraph 9(1)(h) or subsection 9(9) has not occurred in respect of the borrower’s guaranteed student loans;

    • (c) the borrower has complied with paragraph (1)(d), in the case where the consumer proposal has been annulled or deemed annulled or the provincial law relating to the orderly payment of debts no longer applies to the borrower for a reason other than that the borrower's full compliance with that law and an event referred to in paragraph 9(1)(c), (d) or (f) has not occurred;

    • (d) in any case other than that referred to in paragraph (c), the borrower has not been released of the borrower's student loans and guaranteed student loans; and

    • (e) a judgment has not been obtained against the borrower in respect of those loans.

  • (3) [Repealed, SOR/2009-212, s. 10]

Payment of Principal and Interest

 The principal amount of a guaranteed 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 4.1.

  • SOR/95-331, s. 5
  • SOR/2008-187, s. 2
  • SOR/2009-201, s. 10

Administration of Guaranteed Student Loans

  •  (1) A borrower shall attend any meeting called to discuss the borrower's guaranteed student loan, where requested to do so by the lender or Her Majesty or her agents.

  • (2) A borrower shall authorize the lender to exchange with consumer credit grantors, credit bureaus and credit reporting agencies information in relation to all guaranteed student loans of the borrower, in accordance with any laws applicable to unsecured loans to which the Act does not apply and which are in effect in a province in which the guaranteed student loan agreement is made, or in a province in which a lender to which the loan agreement is assigned is situated.

  • (3) [Repealed, SOR/2009-143, s. 20]

  • SOR/96-369, s. 10
  • SOR/2009-143, s. 20

 [Repealed, SOR/2023-273, s. 8]

 [Repealed, SOR/2023-273, s. 8]

 [Repealed, SOR/2023-273, s. 8]

 [Repealed, SOR/2023-273, s. 8]

 [Repealed, SOR/2023-273, s. 8]

 [Repealed, SOR/2023-273, s. 8]

 [Repealed, SOR/2023-273, s. 8]

 [Repealed, SOR/2023-273, s. 8]

 [Repealed, SOR/2023-273, s. 8]

 [Repealed, SOR/2023-273, s. 8]

Repayment Assistance Plan

 Sections 19 to 26 of the Canada Student Financial Assistance Regulations apply to borrowers and lenders.

  • SOR/2000-291, s. 3
  • SOR/2009-212, s. 12

Loan Forgiveness for Family Physicians, Nurses and Nurse Practitioners

Application

 Sections 18 and 19 apply to a borrower who does not have any outstanding student loans under the Canada Student Financial Assistance Act and who began to work in an under-served rural or remote community on or after July 1, 2011 as a family physician, nurse or nurse practitioner.

  • SOR/2012-254, s. 8

Amount and Duration of Forgiveness

  •  (1) Subject to subsection (3), for the purposes of section 11.1 of the Act, the Minister may forgive the lesser of the outstanding principal of the borrower’s student loan and

    • (a) for the first year in respect of which the borrower qualifies for loan forgiveness, $8,000, in the case of a family physician or $4,000, in the case of a nurse or nurse practitioner;

    • (b) for the second year in respect of which the borrower qualifies for loan forgiveness, $10,000, in the case of a family physician or $5,000, in the case of a nurse or nurse practitioner;

    • (c) for the third year in respect of which the borrower qualifies for loan forgiveness, $12,000, in the case of a family physician or $6,000, in the case of a nurse or nurse practitioner;

    • (d) for the fourth year in respect of which the borrower qualifies for loan forgiveness, $14,000, in the case of a family physician or $7,000, in the case of a nurse or nurse practitioner; and

    • (e) for the fifth year in respect of which the borrower qualifies for loan forgiveness, $16,000, in the case of a family physician or $8,000, in the case of a nurse or nurse practitioner.

  • (2) The maximum number of years in respect of which an amount may be forgiven is five minus the number of years in respect of which an amount referred to in subsection 28(1) of the Canada Student Financial Assistance Regulations has been forgiven.

  • (3) The amount that the Minister may forgive for a year is to be reduced by any amount that was forgiven for that year under section 9.2 of the Canada Student Financial Assistance Act.

Conditions and Effective Date

  •  (1) To qualify for forgiveness for a year, the borrower must

    • (a) have worked in an under-served rural or remote community as a family physician, nurse or nurse practitioner during the year; and

    • (b) apply to the Minister in the prescribed form no later than 90 days after the end of that year.

  • (2) The loan forgiveness takes effect on the day following the end of the year.

  • SOR/2012-254, s. 8

 [Repealed, SOR/2009-212, s. 13]

 [Repealed, SOR/2009-212, s. 13]

 [Repealed, SOR/2009-212, s. 13]

 [Repealed, SOR/2009-212, s. 13]

Misrepresentation

 Where an appropriate authority or a lender has reason to believe that an application for a guaranteed student loan or for a certificate of eligibility or other document in respect of a guaranteed student loan contains a false statement or misrepresentation, the appropriate authority or lender shall forthwith report to the Minister any information in support of its belief.

Transfer or Assignment

[
  • SOR/98-287, s. 1(F)
]
  •  (1) In this section and section 23.1,

    assignee lender

    assignee lender means a lender to which a borrower's outstanding guaranteed student loan agreements are assigned in accordance with this section; (prêteur cessionnaire)

    assignor lender

    assignor lender means a lender that assigns a borrower's outstanding guaranteed student loan agreements in accordance with this section. (prêteur cédant)

  • (2) Subject to section 23.1, a borrower may request the assignment of all of the borrower's outstanding guaranteed student loan agreements if the following conditions are met:

    • (a) the borrower completes the prescribed form to request an assignment of guaranteed student 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 guaranteed student loan agreements and all other documentation in respect of those agreements.

  • (4) Subject to subsection 23.1(3), on receipt of the agreements and other documentation referred to in subsection (3) and on verification that subsection 23.1(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 guaranteed student loans as of the day of the payment and any unpaid interest accrued on those loans to that day.

  • (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).

  • (6) If the assignor lender cannot produce all or part of a document required by subsection (3) to be sent to the assignee lender, the assignor lender shall complete a summary of the disbursements that have been made under the borrower's guaranteed student loan agreements and shall send the summary to the assignee lender.

  • (7) The summary must be completed in prescribed form and must include a statement of accounts.

  • (8) The assignee lender shall ask the borrower to acknowledge the total value of the borrower's outstanding loan liability by signing the summary.

  • (9) After the summary has been signed by the borrower, the summary shall, for the purposes of these Regulations, be treated as if it were the missing document or the missing part of the document.

  • SOR/95-331, s. 12
  • SOR/96-369, s. 22
  • SOR/98-287, s. 2
  • SOR/2000-291, s. 4
  •  (1) No assignment of guaranteed student loan agreements shall be made unless the borrower has

    • (a) complied with paragraphs 3(1)(d) and (e), if applicable to the borrower; or

    • (b) paid to the assignor lender all instalments required from the borrower in accordance with the borrower's guaranteed student 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) Where a borrower has both outstanding guaranteed student loan agreements for which the Minister has not paid a claim for loss and outstanding risk-shared loan agreements, those agreements must be held by the same lender.

  • (3) A lender that is not a lender under the Canada Student Financial Assistance Act may refuse to accept an assignment of a borrower's guaranteed loan agreements.

  • SOR/95-331, s. 12
  • SOR/96-369, s. 23
  • SOR/2000-291, s. 5
  • SOR/2009-143, s. 22(F)

 [Repealed, SOR/96-369, s. 24]

  •  (1) For the purposes of this section,

    transferee branch

    transferee branch means a branch of the lender that holds a borrower's guaranteed student loan agreements that agrees to accept the borrower's outstanding guaranteed student loan agreements that 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 guaranteed student loan agreements in accordance with this section. (auteur du transfert)

  • (2) A borrower may request the transfer of all of that borrower's outstanding guaranteed student loan agreements by

    • (a) completing the prescribed form to request a transfer of guaranteed student loan agreements; and

    • (b) submitting the completed form to the transferor branch.

  • (3) Subject to subsection (5), if subsection (2) is complied with, the transferor branch shall without delay send to the transferee branch the signed originals of the borrower's guaranteed student loan agreements together with 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 shall be made pursuant to this section unless the borrower has

    • (a) complied with paragraphs 3(1)(d) and (e), if applicable to the borrower; or

    • (b) paid to the transferor branch all instalments required from the borrower in accordance with the borrower's guaranteed student 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/95-331, s. 12
  • SOR/96-369, s. 25
  • SOR/98-287, s. 3

 A branch of a lender shall not, on its own initiative, transfer a borrower's outstanding guaranteed student loan agreements unless written notice of the transfer has been provided to the borrower.

  • SOR/95-331, s. 12
 

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