Student Loans in Bankruptcy Blog

Canada Student Loan Bankruptcy Legislation

Student loans in Canada are not automatically discharged in a bankruptcy or consumer proposal unless they are over 7 years old. This blog tracks changes to this legislation, and current student loan and bankruptcy developments.

Will the Student Loan Bankruptcy Laws in Canada Ever Change?

As we have reported many times in this student loan bankruptcy blog, Bill C-55 passed in November, 2005. As of today, nothing further has happened. Our expectation was that the Senate Committee on Banking, Trade and Commerce would hold hearings on possible revisions to Bill C-55 before a coming into force date would be sent. However, according to their web site, no meetings are scheduled.

Even more bizarre, as we await further details on Bill C-55, a private member, Ms. Charlton of Hamilton, has introduced a private member’s bill, Bill C-270, which contains proposed changes to the Bankruptcy & Insolvency Act. While these changes have nothing to do with student loans, and the member is not a member of the government and therefore it is unlikely this private member’s bill will become law, it is interesting that members are proposing changes to the Bankruptcy & Insolvency Act even before Bill C-55 from the previous session of Parliament becomes law.

I interpret this to mean that we will not see any changes to student loan bankruptcy legislation in 2006, although, as always, stay tuned to this blog for more information.