Canada Student Financial Assistance Regulations

15 (1) For the purposes of this section, applicable day means

• (a) if the Minister is informed that the borrower has failed to consolidate risk-shared loans or guaranteed student loans made to them as a full-time student within six months after the month in which they ceased to be a full-time student and they do not fulfil the requirements of subsection 5(1) or 7(1) before a judgment is obtained against them and such that the beginning of the last confirmed period is on or before the last day of that six-month period, the day following the last day of that confirmed period;

• (b) if the Minister is informed that the borrower has failed to make a required payment within the two-month period after the payment was required under their loan agreement, guaranteed student loan agreement, these Regulations or the Canada Student Loans Regulations and they do not fulfil the requirements of subsection 5(1), 7(1), 12.1(1) or 12.2(1), as the case may be, within that period, the day following the last day of that period;

• (c) where the borrower makes an assignment under the Bankruptcy and Insolvency Act that is filed and not cancelled, is deemed under that Act to have made an assignment, or is the subject of a receiving order, the earlier of the day on which a receiving order is made or the assignment is filed with the official receiver;

• (d) where the borrower makes a proposal under Division I of Part III the Bankruptcy and Insolvency Act that is approved by a court under that Act, the day on which that proposal is approved;

• (e) where the borrower makes a consumer proposal under Division II of Part III of the Bankruptcy and Insolvency Act that is approved or deemed approved by a court under that Act, the date on which the consumer proposal is approved or deemed approved;

• (f) where the borrower applies for a consolidation order under Part X of the Bankruptcy and Insolvency Act that includes a student loan or guaranteed student loan, the date on which that order is issued;

• (g) where the borrower seeks relief under a provincial law relating to the orderly payment of debts that includes a student loan or guaranteed student loan, the day on which the document seeking relief is filed;

• (h) where the borrower is, by reason of the borrower’s conduct in obtaining or repaying a student loan or guaranteed student loan, found guilty of an offence under any Act of Parliament, the day of the finding of guilt;

• (i) if the borrower fails to comply with subsection 19.1(1) or 20.1(1), section 20.3 or subsection 24(3), the 30th day after the end of the applicable repayment assistance period or after the day of the notice, as the case may be;

• (j) the last day of the confirmed period during which the borrower has been a full-time student for

  • (i) in the case of a full-time student with either a permanent disability or a persistent or prolonged disability or in the case of a full-time student to whom a guaranteed student loan has been made as a full-time student, whether or not that loan is outstanding, 520 weeks,

  • (ii) in the case of a student enrolled in a doctoral program of studies, 400 weeks, or

  • (iii) in any other case, 340 weeks;

• (k) if the borrower has been granted repayment assistance under subparagraph 20(1)(b)(ii), the day on which the repayment assistance begins; or

• (l) the day on which, as the case may be, the obligations referred to in section 11 of the Act or the rights referred to in section 11.1 of the Act or section 13 of the Canada Student Loans Act, are terminated.

(1.1) For the purposes of paragraph (1)(j), the number of weeks is the aggregate of the number of weeks corresponding to the borrower’s confirmed periods as a full-time student, or the equivalent, under the Act and the Canada Student Loans Act, less the number of weeks determined by the Minister for which the designated educational institution has provided that the borrower, despite subsections 7.1(3) and 8(2), was no longer a full-time student.

(2) Subject to subsections (5), (6) and (9),

• (a) if an event referred to in any of paragraphs (1)(a) to (l) occurs, the Minister shall, effective on the applicable day referred to in that paragraph,

  • (i) deny a borrower a new certificate of eligibility for any student loan, and

  • (ii) if a certificate of eligibility has been issued to a borrower, deny the borrower a new student loan; and

• (b) if an event referred to in any of paragraphs (1)(a) to (j) occurs, the Minister shall terminate, effective on the applicable day referred to in that paragraph, in respect of an outstanding student loan made to the borrower as a part-time student, the period during which no amount on account of principal or interest is required to be paid by the borrower.

(3) If an event referred to in paragraph (1)(a) or (b) occurs, the Minister shall refuse to grant to the borrower

• (a) any repayment assistance under section 19 or 20 if the Minister pays a claim for loss in respect of the borrower’s guaranteed student loan; and

• (b) the loan forgiveness referred to in subsection 9.2(1) of the Act.

(4) If an event referred to in paragraph (1)(h) or (i) occurs, the Minister shall terminate any repayment assistance granted under section 19 or 20 and refuse to grant to the borrower further repayment assistance or the loan forgiveness referred to in subsection 9.2(1) of the Act.

(5) If an event referred to in paragraph (1)(b) occurs in respect of either a student loan or a guaranteed student loan made to a borrower as a part-time student, an event referred to in any of paragraphs (1)(h) to (k) has not occurred subsequent to the event referred to in paragraph (1)(b) and a judgment has not been obtained against the borrower in respect of an outstanding student loan or guaranteed student loan,

• (a) the borrower shall be entitled to a new student loan, if a certificate of eligibility has been issued to the borrower as a full-time student in respect of that loan before the day referred to in paragraph (1)(b); and

• (b) the measure referred to in paragraph (2)(b) shall take effect on the last day of the period of studies for which the certificate of eligibility was issued.

(6) Where an event referred to in paragraph (1)(a) or (b) occurs in respect of a student loan made to a borrower as a full-time student and, subsequent to that event, the borrower erroneously receives a certificate of eligibility and at least one disbursement authorized by that certificate of eligibility,

• (a) the borrower shall be entitled to a new student loan authorized by that certificate of eligibility; and

• (b) the measure referred to in paragraph (2)(b) shall take effect at the end of the period of studies for which the certificate of eligibility was issued.

(7) Subsection (2) applies to a borrower who, on the day on which the Act comes into force, is denied a new guaranteed student loan or further interest-free status on a guaranteed student loan in accordance with subsection 9(3) of the Canada Student Loans Regulations.

(8) If an event referred to in any of paragraphs (1)(c) to (g) occurs in respect of either a student loan or a guaranteed student loan made to a borrower as a full-time student, before the last day of the last confirmed period of the program of studies in which the borrower is enrolled at the time the event occurs, the borrower is entitled, if otherwise eligible, to a new student loan for that program of studies.

(9) If the borrower receives a new student loan under subsection (8), the measures referred to in subsection (2) take effect on the earliest of

• (a) the last day of the last confirmed period of the program of studies in which the borrower was enrolled at the time the event occurred,

• (b) the day that is three years after the occurrence of the event or, if that day occurs during a confirmed period, the last day of that period, and

• (c) the last day of the month in which the borrower’s course load no longer meets the minimum percentage set out in subparagraph (a)(i) of the definition full-time student in subsection 2(1) or, in the case of a person who elects to be considered as a full-time student under section 2.1, the minimum percentage set out in that section.

(10) Student loans and guaranteed student loans shall be denied if

• (a) the borrower is subject to an event under paragraph 6(2)(a) or (h) of the Apprentice Loans Regulations;

• (b) the borrower is subject to a bankruptcy-related event referred to in any of paragraphs 6(2)(b) to (f) of the Apprentice Loans Regulations;

• (c) the borrower has been found guilty of an offence under the Apprentice Loans Act; or

• (d) the Minister has taken a measure under subsection 20(1) of the Apprentice Loans Act.