Canada Student Loans Regulations (SOR/93-392)

1 [Repealed, SOR/2023-273, s. 2]

Interpretation

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

  family income

  family income means the aggregate income of the borrower and the spouse or common-law partner of the borrower, including income from employment, social programs, investments and monetary gifts; (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)

  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 specified 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 3(1) and section 3.1, if applicable; or

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

  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 practicing; (infirmier practicien)

  part-time student

  part-time student means a person 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 specified educational institution as constituting a full course load; (étudiant à temps partiel)

  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)

  responsible officer of a lender

  responsible officer of a lender means

  • (a) the manager or assistant manager of the lender or a branch thereof,

  • (b) the person for the time being acting as the manager or assistant manager of the lender or a branch thereof,

  • (c) the credit committee of the lender or a branch thereof, or

  • (d) such other person as may be authorized by the lender or a branch thereof to supervise the making of loans; (responsable de l'organisme prêteur)

  under-served rural or remote community

  under-served rural or remote community means any census subdivision — as defined in the Statistics Canada document entitled Standard Geographical Classification (SGC) 2011 — that

  • (a) does not have census tracts, as described in that document; and

  • (b) is located outside the capitals of the ten provinces. (collectivité rurale ou éloignée mal desservie)

• (2) In these Regulations,

  Act

  Act means the Canada Student Loans Act; (Loi)

  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 borrower's social insurance number; (confirmation d'inscription)

  confirmed period

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

  • (a) in the case of a confirmation of enrolment forming part of a certificate of eligibility issued under the Canada Student Financial Assistance Act, begins on the first day of the month indicated by the specified educational institution and ends on the last day of the last month of the period of studies indicated by the appropriate authority,

  • (b) in the case of a confirmation of enrolment forming part of a certificate of eligibility issued under the Act, begins on the day on which that confirmation of enrolment is signed by the specified educational institution and ends on the last day of the last month of the period of studies indicated by the appropriate authority, and

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

  consolidated guaranteed student loan agreement

  consolidated guaranteed student loan agreement means a contract that is entered into between a borrower who has ceased to be a full-time student pursuant to section 4.1 and the lender to whom the borrower is indebted under any outstanding guaranteed student loan agreements entered into as a full-time student, 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 provisions in respect of repayment of the principal amount of the loan and interest payable thereunder; (contrat de prêt garanti consolidé)

  course

  course means formal instruction or training that constitutes, or is determined by a specified educational institution to be equivalent to, an essential element of a program of studies at a post-secondary school level at that specified educational 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 specified educational institution; (cours)

  full-time guaranteed loan

  full-time guaranteed loan means a guaranteed student loan made to a full-time student; (prêt garanti à temps plein)

  guaranteed student loan agreement

  guaranteed student loan agreement means an agreement entered into in accordance with the Act and these Regulations and includes a consolidated guaranteed student loan agreement; (contrat de prêt garanti)

  loan agreement

  loan agreement has the same meaning as under the Canada Student Financial Assistance Regulations; (contrat de prêt)

  officer of the specified educational institution

  officer of the specified educational institution means a person authorized by a specified 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 d'enseignement agréé)

  part-time guaranteed loan

  part-time guaranteed loan means a guaranteed student loan made to a part-time student; (prêt garanti à temps partiel)

  part-time guaranteed loan agreement

  part-time guaranteed loan agreement means, in respect of a part-time guaranteed loan, a contract entered into between a part-time student and a lender; (contrat de prêt garanti à temps partiel)

  risk-shared loan

  risk-shared loan has the same meaning as in the Canada Student Financial Assistance Regulations; (prêt à risque partagé)

  risk-shared loan agreement

  risk-shared loan agreement has the same meaning as in the Canada Student Financial Assistance Regulations; (contrat de prêt à risque partagé)

  spouse

  spouse[Repealed, SOR/2001-231, s. 1]

  student loan

  student loan has the same meaning as under the Canada Student Financial Assistance Regulations. (prêt d'études)

Election

Marginal note:Person with a disability

2.1 A person who has either a permanent disability or a persistent or prolonged disability and who, during a confirmed period within a period of studies, is enrolled in courses that constitute at least 40 per cent but less than 60 per cent of a course load recognized by the specified educational institution as constituting a full course load, may elect to be considered as a full-time student.

Continuation and Reinstatement

• 3 (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.

• 3.1 (1) A borrower who ceased to be a full-time student under paragraph 4.1(1)(c) due to the occurrence of an event referred to in paragraph 9(1)(i) cannot again become a full-time student unless the requirements in paragraphs 10(1)(a) to (e) are met, in addition to those set out in section 3.

• (2) A borrower who ceased to be a full-time student under paragraph 4.1(1)(c) due to the occurrence of an event referred to in any of paragraphs 9(1)(c) to (g) cannot again become a full-time student unless one of the requirements set out in paragraphs 10(2)(a) to (e) is met, in addition to those set out in section 3.

Medical Leave and Parental Leave

• 4 (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.