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Canada Student Financial Assistance Regulations (SOR/95-329)

Regulations are current to 2024-03-06 and last amended on 2023-12-08. Previous Versions

PART VRepayment Assistance Plan (continued)

Administration

[
  • SOR/96-368, s. 14
  • SOR/2009-212, s. 4
]
  •  (1) With the written authorization of the Minister, a lender

    • (a) who holds a borrower’s risk-shared loan agreement may exercise the powers given to the Minister under subsections 15(3) and (4) and sections 19 and 20; and

    • (b) who holds a borrower’s guaranteed student loan agreement may exercise the powers given to the Minister under sections 19 and 20 and subsections 9(4) and (5) of the Canada Student Loans Regulations.

  • (2) The Minister shall provide the lender any information that is necessary to enable the lender to act under subsection (1).

  • SOR/2000-290, s. 16
  • SOR/2009-212, s. 4
  •  (1) If an application is made for repayment assistance, notice of a decision in respect of that application shall be given to the borrower and the lender or, if the lender is acting under subsection 21(1), to the borrower and the Minister.

  • (2) The notice shall set out

    • (a) the day on which the repayment assistance begins and ends;

    • (b) the amount of the payment required under subsection 19.1(1) or 20.1(1); and

    • (c) the fact that the decision to grant repayment assistance is subject to the condition set out in section 20.3.

  • SOR/96-368, s. 15
  • SOR/97-250, s. 2
  • SOR/98-402, s. 4
  • SOR/2000-290, s. 17
  • SOR/2004-120, s. 6
  • SOR/2009-212, s. 4

 [Repealed, SOR/2009-212, s. 4]

Reconsideration

[
  • SOR/96-368, s. 16
  • SOR/2009-212, s. 4
]
  •  (1) The Minister shall, on the written request of the borrower and based on documentary evidence provided by the borrower, reconsider a borrower’s application for repayment assistance if

    • (a) the borrower’s application has been rejected for the sole reason that the borrower did not meet the criterion set out in paragraph 19(1)(e) or 20(1)(c); and

    • (b) unforeseen and unavoidable circumstances beyond the control of the borrower or their spouse or common-law partner have led to the borrower incurring extraordinary expenses.

  • (2) The Minister shall provide a notice of the determination to the borrower in the case of a direct loan and to the borrower and the lender in all other cases.

  • SOR/96-368, s. 17
  • SOR/2000-290, s. 19
  • SOR/2001-230, s. 3
  • SOR/2009-212, s. 4
  • SOR/2017-126, s. 1

Mistake

  •  (1) If repayment assistance is granted because of an error by the borrower in their application for repayment assistance, the Minister shall

    • (a) cancel the repayment assistance if the borrower was not entitled to receive the assistance; and

    • (b) in respect of a repayment assistance period, reduce the repayment assistance to the extent of the excess in assistance received if, during the period, the borrower received an amount of assistance that was more than $100 in excess of the amount that the borrower was entitled to receive for the period.

  • (2) The Minister shall provide a notice of the cancellation or reduction to the borrower, in the case of a direct loan, and to the borrower and the lender, in all other cases, specifying

    • (a) the date of the notice; and

    • (b) the day on which the repayment assistance is to be cancelled or reduced.

  • (3) A borrower shall, within 30 days after the date of the notice,

    • (a) repay to the Minister or the lender, as the case may be, the amount of repayment assistance that the borrower was not entitled to receive; or

    • (b) enter into a revised agreement for the repayment of that amount.

  • (4) A lender shall, without delay after the date of the notice, repay to the Minister any amount paid by the Minister as a result of the error.

  • SOR/96-368, s. 18
  • SOR/2000-290, s. 20
  • SOR/2009-212, s. 4
  • SOR/2017-131, s. 1

 [Repealed, SOR/96-368, s. 18]

Effect on Loan Agreement

[
  • SOR/96-368, s. 18
]

 If a repayment assistance period has been granted to a borrower, the provisions of any loan agreement or guaranteed student loan agreement that was in effect between the borrower and the lender or between the borrower and the Minister, as the case may be, on the day on which the borrower applied for that period shall be suspended until the earliest of

  • (a) the day on which repayment assistance is terminated in accordance with subsection 15(4),

  • (b) the end of that repayment assistance period, and

  • (c) in respect of the borrower’s consolidated student loan agreement or consolidated guaranteed student loan agreement, if any, the day on which the borrower again becomes a full-time student in accordance with subsection 5(3) or 7(2).

  • SOR/96-368, s. 19
  • SOR/2000-290, s. 21
  • SOR/2009-212, s. 5
  • SOR/2012-68, s. 10

PART V.1Loan Forgiveness for Family Physicians, Nurses and Nurse Practitioners

Application

 This Part applies to a borrower 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. 4

Amount and Duration of Forgiveness

  •  (1) For the purposes of subsection 9.2(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.

Conditions and Effective Date

  •  (1) To qualify for loan 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. 4

 [Repealed, SOR/96-368, s. 20]

PART VICanada Student Grants

[
  • SOR/2002-219, s. 6
  • SOR/2009-143, s. 4
]

Obtaining a Canada Student Grant

 The Minister, an appropriate authority or a body authorized by the Minister for a province may make a grant, other than a grant awarded under section 34 or 40.022, to a qualifying student who

  • (a) is issued, or in respect of whom is issued, a certificate of eligibility;

  • (b) within 30 days after obtaining confirmation of their enrolment from an officer of the designated educational institution at which they are enrolled but no later than the last day of the confirmed period, submits the confirmation of enrolment

    • (i) to the Minister unless they are notified in writing by the appropriate authority that the confirmation of enrolment is to be submitted to the Minister by the designated educational institution, and

    • (ii) to the branch of the lender to which they are indebted under any risk-shared loan agreement or guaranteed student loan agreement;

  • (c) has entered into a full-time direct loan agreement or a direct student loan agreement for the period of studies referred to in the certificate of eligibility in relation to repayment of the grant under subsection 40.04(2).

  • SOR/2009-143, s. 4
  • SOR/2011-96, s. 7

Grant for Services and Equipment — Students with Disabilities

[
  • SOR/96-368, s. 21
  • SOR/2005-152, s. 7
  • SOR/2009-143, s. 4
  • SOR/2022-131, s. 5
]
  •  (1) An appropriate authority or a body authorized by the Minister for a province may make a grant for services and equipment to a qualifying student who has either a permanent disability or a persistent or prolonged disability and who

    • (a) [Repealed, SOR/2022-131, s. 6]

    • (b) meets the criteria set out in paragraphs 12(1)(a) and (b) of the Act;

    • (c) is not denied further student loans under section 15;

    • (d) is in need of exceptional education-related services or equipment that are required for the student to perform the daily activities necessary to pursue studies at a post-secondary school level and that are indicated in the List of Eligible Exceptional Education-related Services and Equipment, as amended from time to time, published in the Canada Gazette Part I; and

    • (e) has used the grants previously made to the student under this section for the purpose for which they were intended.

  • (2) The qualifying student must

    • (a) apply for the grant in the prescribed form to the appropriate authority or other body;

    • (b) provide, with that application, a document or documents that demonstrate that the student has a permanent disability or persistent or prolonged disability; and

    • (c) provide, with that application, written confirmation that the student is in need of exceptional education-related services or equipment from a person qualified to determine such need.

  • (3) The maximum amount of the grant shall be $20,000 for a loan year.

 [Repealed, SOR/2005-152, s. 8]

 [Repealed, SOR/98-402, s. 6]

 [Repealed, SOR/2009-143, s. 6]

 [Repealed, SOR/98-402, s. 7]

Grant for Part-time Studies

[
  • SOR/96-368, s. 25
  • SOR/2009-143, s. 7
]
  •  (1) The Minister, an appropriate authority or a body authorized by the Minister for a province may make a grant for part-time studies to a qualifying student who

    • (a) is qualified for enrolment or is enrolled as a part-time student;

    • (b) meets the criteria set out in paragraphs 12(1)(a) and (b) of the Act;

    • (c) is not denied further student loans under section 15;

    • (c.1) has successfully completed all courses in respect of which a grant was previously made to the student under this section; and

    • (d) has a family income that is no more than the applicable annual income threshold for their family size in accordance with Table 1 of Schedule 4.

    • (e) [Repealed, SOR/2009-143, s. 8]

  • (2) The qualifying student must apply for the grant in the prescribed form to the appropriate authority or other body.

  • (3) The grant for each loan year shall not exceed the lesser of

    • (a) the amount the student needs as determined under subsection 12(2) of the Act;

    • (b) $1,800; and

    • (c) the amount determined by the following formula:

      A – (B × C)

      where

      A
      is $1,800,
      B
      is the result obtained by subtracting the applicable annual income threshold for their family size in accordance with Table 2 of Schedule 4 from the student’s family income, and
      C
      is the annual phase-out rate set out in column 3 of Table 2 of Schedule 4.
  • (4) Despite subsection (3), the grant for the loan year commencing on August 1, 2023 is the lesser of

    • (a) the amount the student needs as determined under subsection 12(2) of the Act,

    • (b) $2,520, and

    • (c) the amount determined by the following formula:

      A – (B × C)

      where

      A
      is $2,520,
      B
      is the result obtained by subtracting the applicable annual income threshold for their family size in accordance with Table 7 of Schedule 4 from the student’s family income, and
      C
      is the annual phase-out rate set out in column 3 of Table 7 of Schedule 4.

Grant for Students with Dependants

  •  (1) The Minister, an appropriate authority or a body authorized by the Minister for a province may make a grant for students with dependants to a qualifying student who

    • (a) is qualified for enrolment or is enrolled as a full-time student;

    • (b) has one or more dependants;

    • (c) meets the criteria set out in paragraphs 12(1)(a) and (b) of the Act; and

    • (d) is not denied further student loans under section 15.

    • (e) [Repealed, SOR/2018-31, s. 7]

  • (2) The grant, for each dependant for each month of study, is the lesser of $200 and the amount determined by the following formula:

    A − (B × C)

    where

    A
    is $200,
    B
    is the result obtained by subtracting the applicable annual income threshold for their family size in accordance with Table 3 of Schedule 4 from the student’s family income, and
    C
    is the monthly phase-out rate set out in column 3 of Table 3 of Schedule 4.
  • (3) Despite subsection (2), the grant for the loan year commencing on August 1, 2023 is, for each dependant for each month of study, the lesser of $280 and the amount determined by the formula

    A − (B × C)

    where

    A
    is $280;
    B
    is the result obtained by subtracting the applicable annual income threshold for their family size in accordance with Table 8 of Schedule 4 from the student’s family income; and
    C
    is the monthly phase-out rate set out in column 3 of Table 8 of Schedule 4.
 

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