Skip to main content
Back to Bills
FederalDid not become law (session ended)40th Parliament, 1st Session

Bill S-201 explained in plain English

An Act to amend the Bankruptcy and Insolvency Act (student loans)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
40th Parliament, 1st Session
Bill number
Bill S-201
Full title
An Act to amend the Bankruptcy and Insolvency Act (student loans)
Current status
Did not become law (session ended)
Latest event
At second reading in the Senate
Last updated
Nov 25, 2008

Official Parliament of Canada snapshot for 40th Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the Senate
Latest Activity
Nov 25, 2008
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

This bill proposes to amend the Bankruptcy and Insolvency Act to restrict the discharge of student loan debt within five years of ceasing to be a student and to allow bankrupts to apply for court-ordered relief from such debts under certain conditions.

What It Means

Bill S-201 proposes changes to the Bankruptcy and Insolvency Act. Currently, a bankruptcy discharge releases a person from most debts. This bill aims to prevent a discharge from releasing a bankrupt from student loan debt if the bankruptcy occurred within five years of the person ceasing to be a student. It also allows bankrupts with student loan debt to apply to the court for an order to be released from some or all of that debt, or to set terms for repayment, if they can show they have acted in good faith and will continue to face financial hardship.

What This Bill Does
  • Amends the Bankruptcy and Insolvency Act to change the conditions under which a bankrupt is released from student loan debt.
  • Specifies that a discharge from bankruptcy will not release a bankrupt from student loan debt if the bankruptcy occurred within five years after the bankrupt stopped being a student.
  • Allows a bankrupt with student loan debt to apply to the court at any time for an order to be released from all or part of the student loan debt.
  • Allows a bankrupt with student loan debt to apply to the court for an order that sets terms for the repayment of the debt or any remaining portion of it.
  • Requires the court to consider factors such as the bankrupt's good faith, financial difficulty, future earning capacity, and other obligations when deciding on an application for relief from student loan debt.
Who Is Affected
  • Individuals who declare bankruptcy and have outstanding student loan debt.
  • Courts, which will process applications from bankrupt individuals seeking relief from student loan debt.
  • The federal government, through its administration of the Canada Student Loans Act and the Canada Student Financial Assistance Act.
Rights, Duties, Or Obligations
  • Bankrupts will continue to have the right to apply to the court for relief from student loan debt under specific conditions.
  • Bankrupts will have an obligation to demonstrate good faith and ongoing financial difficulty to the court when applying for relief.
  • Courts will have the power to grant orders releasing bankrupts from all or part of their student loan debt, or to set repayment terms.
Important Dates
  • The amendments related to discharges occurring within five years of ceasing to be a student apply to discharges occurring on or after the day the relevant subsection comes into force.
  • The amendments allowing bankrupts to apply for court orders apply to individuals who become bankrupt before, on, or after the day the relevant subsection comes into force.
Uncertainties Or Limits
  • The bill does not specify the exact date on which these amendments will come into force; this will be determined by regulation.
  • The determination of 'financial difficulty' and 'good faith' in court applications is left to the discretion of the court.
  • The bill references provincial laws related to student loans, but does not detail which specific provincial laws are covered beyond the general category.
Laws Or Regulations Affected
Bankruptcy and Insolvency Act
amends

Modifies provisions related to the release of bankrupts from student loan debts and allows for court applications to address these debts.

Source: Section 1 of the Bill

Canada Student Loans Act
references

Is referenced as a source of student loan debt from which a bankrupt may not be released under the proposed changes.

Source: Paragraph 178(1)(g) as amended by Section 1(1) of the Bill

Canada Student Financial Assistance Act
references

Is referenced as a source of student loan debt from which a bankrupt may not be released under the proposed changes.

Source: Paragraph 178(1)(g) as amended by Section 1(1) of the Bill

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Nov 20, 2008
Completed

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Introduction and first reading, Nov 20, 2008
End of stage activity, Nov 20, 2008
Chamber sittings
Introduction and first reading - Nov 20, 2008

We don't have a plain-language summary for Introduction and first reading yet. The official source linked below is the full record.

Step 2
Second reading
Nov 25, 2008
Not completed

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Chamber sittings
Debate at second reading - Nov 25, 2008

We don't have a plain-language summary for Debate at second reading yet. The official source linked below is the full record.

We don't have a plain-language summary for Sponsor’s speech yet. The official source linked below is the full record.

Step 3
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Yoine Goldstein
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced