Canada Student Loans Regulations

10 (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

  • (i) has paid the interest accrued to that day, or

  • (ii) has directed, for the first time under this paragraph, paragraph 16(1)(d) of the Canada Student Financial Assistance Regulations or paragraph 7(1)(b) of the Apprentice Loans Regulations, the addition of the unpaid accrued interest to that day to the outstanding principal.

(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]