Marginal note:Conditions

7. Neither a CES grant nor a Canada Learning Bond may be paid in respect of a beneficiary under a registered education savings plan unless

• (a) the Minister is provided with the Social Insurance Number of the beneficiary;

• (b) the Minister is provided with the Social Insurance Number of the individual, or the business number of the department, agency or institution, that made a designation under subsection 5(7) or 6(4); and

• (c) the beneficiary is resident in Canada, in the case of a CES grant, at the time the contribution to the plan is made and, in the case of a Canada Learning Bond, immediately before the payment is made.

Marginal note:Interest

8. The Minister may, in prescribed circumstances, pay interest, determined in accordance with prescribed rules, in respect of CES grants or Canada Learning Bonds.

Marginal note:Payments out of CRF

9. All amounts payable by the Minister under this Act, the regulations or an agreement entered into under section 12 shall be paid out of the Consolidated Revenue Fund.

Marginal note:Waiver

• 9.1 (1) On application made by the primary caregiver of the beneficiary or, if the beneficiary is 18 years of age or more, by the beneficiary, the Minister may, to avoid undue hardship, waive any of the requirements of this Act or the regulations that relate to the payment of CES grants or Canada Learning Bonds and that are specified in regulations made under paragraph 13(g). The application must be in the form and manner approved by the Minister.

• Marginal note:Restriction

  (2) Despite subsection (1), the Minister may not waive any requirement related to the determination of eligibility for a child tax benefit or a national child benefit supplement, or for a special allowance under the Children’s Special Allowances Act.

GENERAL

Marginal note:Recovery of payments and interest

10. An amount required to be repaid to the Minister under this Act, the regulations or under an agreement entered into under this Act, other than an agreement referred to in section 12, and any interest due in respect of the amount constitute a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.

Marginal note:Access to information

• 11. (1) Subject to subsection (3) and except as otherwise prescribed, all information obtained in the course of the administration or enforcement of this Act or under a program administered pursuant to an agreement entered into under section 12 is privileged, and no person shall knowingly make it available or allow it to be made available to any other person except for the purpose of the administration or enforcement of this Act, the Income Tax Act or that program.

• Marginal note:Social Insurance Number information

  (2) Subject to subsection (3), no person shall knowingly use, communicate or allow to be communicated the Social Insurance Number of an individual that was obtained for a purpose related to an application for a CES grant or a Canada Learning Bond under this Act or for a benefit under a program administered pursuant to an agreement entered into under section 12 except for the purpose of the administration or enforcement of this Act, the Income Tax Act or that program.

• Marginal note:Provisions of Canada Pension Plan re information applicable

  (3) Except as otherwise prescribed, sections 104 to 104.03, 104.05 to 104.08, 104.1 and 104.11 of the Canada Pension Plan relating to the protection of personal information apply, with any modifications that the circumstances require, to this Act and shall be read as if they were contained in this Act but, for the purposes of this Act,

  • (a) any matter or thing that is to be or may be prescribed under any of those sections is to be or may be prescribed under this Act; and

  • (b) a reference in any of those sections to the Minister shall be read as a reference to the Minister under this Act.

Marginal note:Authority to enter into agreements with provinces

• 12. (1) The Minister may, with the approval of the Minister of Finance, enter into agreements with the government of any province to administer provincial programs consistent with the purpose of this Act.

• Marginal note:Fees and charges

  (2) An agreement entered into under subsection (1) may include provisions respecting the fees or charges to be paid for a service provided by or on behalf of the Minister under the agreement.

• Marginal note:Amounts charged

  (3) The amounts of the fees or charges referred to in subsection (2) may not exceed the cost of providing the service.

• Marginal note:Amounts received

  (4) Subject to conditions imposed by the Treasury Board, any amounts received by the Minister for services may be used by the Minister for administering the provincial programs referred to in subsection (1).

Marginal note:Regulations

13. The Governor in Council may make regulations for carrying out the purpose and provisions of this Act and, without limiting the generality of the foregoing, may make regulations

• (a) respecting any matter or thing that by this Act is to be or may be prescribed or otherwise determined under the regulations;

• (b) establishing conditions that must be met by a registered education savings plan and by persons in respect of the plan before a CES grant or a Canada Learning Bond may be paid in respect of the plan;

• (c) establishing the manner of determining the amount of a CES grant that may be paid in respect of contributions to registered education savings plans or the amount of a Canada Learning Bond that may be paid into those plans;

• (d) specifying terms and conditions to be included in agreements entered into between a trustee under a registered education savings plan and the Minister relating to the terms and conditions applicable to the payment of a CES grant or a Canada Learning Bond and specifying, for inclusion in the agreements, in addition to any other conditions that the Minister considers appropriate, the obligations of a trustee under an agreement;

• (e) prescribing the circumstances in which an additional amount may be paid under subsection 6(5) and establishing the manner of determining the amount of the payment;

• (f) specifying terms and conditions to be included in agreements entered into between promoters of registered education savings plans and the Minister;

• (g) specifying the requirements of this Act or the regulations relating to the payment of CES grants or Canada Learning Bonds that may be waived by the Minister to avoid undue hardship;

• (h) governing or prohibiting the sharing of CES grants or Canada Learning Bonds, and the earnings generated on them;

• (i) specifying circumstances under which all or part of any amount paid under this Act is to be repaid to the Minister;

• (j) specifying circumstances under which the earnings generated on Canada Learning Bonds repaid under regulations made under paragraph (i) are to be repaid to the Minister and establishing the manner of determining the amount of those earnings; and

• (k) establishing, for the purpose of determining an amount required to be repaid under this Act in respect of CES grants or Canada Learning Bonds, the manner of determining the portion, if any, of an educational assistance payment made under a registered education savings plan that is attributable to CES grants or Canada Learning Bonds, as the case may be.

TRANSITIONAL PROVISION

Marginal note:Agreements

14. Every agreement entered into under Part III.1 of the Department of Human Resources Development Act that is in force immediately before the coming into force of section 5 of this Act is deemed to be an agreement entered into under that section and continues in force until it terminates.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

Marginal note:1998, c. 21, s. 73

15. Schedule II to the Access to Information Act is amended by striking out the following:

and by striking out the corresponding reference to “section 33.5”.

16. Schedule II to the Act is amended by adding the following in alphabetical order:

and by adding a corresponding reference to “section 11”.

1992, c. 48, Sch.Children’s Special Allowances Act

17. Subparagraph 3(1)(a)(ii) of the Children’s Special Allowances Act is replaced by the following:

Marginal note:1998, c. 19, s. 258(1)

18. Subsection 10(2) of the Act is replaced by the following:

1996, c. 11Department of Human Resources Development Act

Marginal note:1998, c. 21, s. 72

19. Part III.1 of the Department of Human Resources Development Act is repealed.

R.S., c. 1 (5th Supp.)Income Tax Act

20. Paragraph 60(x) of the Income Tax Act is replaced by the following: