Canada Education Savings Regulations (SOR/2005-151)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Canada Education Savings Act. (Loi)

assisted contribution

assisted contribution means a contribution made to an RESP in respect of which a CES grant has been paid. (cotisation subventionnée)

brother

brother in relation to a beneficiary, includes a son of the common-law partner or spouse of a parent of the beneficiary. (frère)

CLB

CLB means Canada Learning Bond. (Version anglaise seulement)

CLB account

CLB account means an account that holds the CLB paid into an RESP in respect of a beneficiary. (compte du bon d’études)

common-law partner

common-law partner has the same meaning as in subsection 248(1) of the Income Tax Act. (conjoint de fait)

EAP

EAP means an educational assistance payment. (PAE)

grant account

grant account means an account that holds all CES grants paid into an RESP. (compte de subvention)

RESP

RESP means a registered education savings plan. (REEE)

sister

sister in relation to a beneficiary, includes a daughter of the common-law partner or spouse of a parent of the beneficiary. (sœur)

trustee agreement

trustee agreement means an agreement entered into by the Minister and a trustee under an RESP that relates to the payment of a CES grant or CLB to the RESP. (convention de fiducie)

Ordering of Withdrawals

2 If both assisted and unassisted contributions have been made to an RESP, withdrawals of contributions from the RESP are considered to be made in the order specified below:

• (a) assisted contributions are considered to be withdrawn before unassisted contributions; and

• (b) unassisted contributions made after 1997 are considered to be withdrawn before unassisted contributions made before 1998.

Manner of Determining Amount of CES Grants

3 When a contribution has been made in a particular year and a CES grant in respect of the contribution would otherwise be payable at a time in a year following the particular year, the CES grant shall be reduced by the total of all amounts each of which is, in respect of another CES grant paid after the particular year and before that time, the amount by which the other CES grant would have been reduced had the CES grant been paid in the particular year.

Conditions for Payment of CES Grants

• 4 (1) The Minister may pay a CES grant in respect of a contribution that has been made to an RESP and has not been withdrawn if

  • (a) the trustee enters into a trustee agreement with the Minister that applies to the RESP and includes the terms and conditions set out in section 8;

  • (b) the trustee submits, at the request of a subscriber under the RESP, an application for the CES grant

    • (i) for a contribution made after 2004, within three years after the date of the contribution, and

    • (ii) for a contribution made before 2005, no later than December 31, 2007;

  • (c) in the case where the beneficiary, in the year in which the contribution is made,

    • (i) attains 16 or 17 years of age, a minimum of $2,000 of contributions has been made to, and not withdrawn from, RESPs in respect of the beneficiary before the year in which the beneficiary attains 16 years of age,

    • (ii) attains 16 or 17 years of age, a minimum of $100 of annual contributions has been made to, and not withdrawn from, RESPs in respect of the beneficiary in at least any four years before the year in which the beneficiary attains 16 years of age,

    • (iii) attains 16 or 17 years of age and the year is 1998, the beneficiary was a beneficiary under an RESP in at least four years before 1998, or

    • (iv) attains 17 years of age and the year is 1999, the beneficiary was a beneficiary under an RESP in at least four years before 1998;

  • (d) the total of the contribution and all other contributions to RESPs made, or deemed to have been made for the purpose of Part X.4 of the Income Tax Act, in respect of the beneficiary does not exceed the RESP lifetime limit (as defined in subsection 204.9(1) of the Income Tax Act) for the year in which the contribution is made;

  • (e) in the case where the contribution is made after 1999 to an RESP that was entered into before 1999, the RESP complies at the time of the contribution with the conditions for registration set out in subsection 146.1(2) of the Income Tax Act that apply in respect of education savings plans entered into on January 1, 1999;

  • (f) the beneficiary is not an ineligible beneficiary; and

  • (g) the trustee complies with the terms and conditions of these Regulations and the trustee agreement that applies to the RESP.

• (2) Subject to subsection (3), the Minister may pay an amount under subsection 5(4) of the Act if the RESP has only one beneficiary or, if there is more than one, every beneficiary is a brother or sister of every other beneficiary.

• (3) If assisted contributions are withdrawn from an RESP after March 22, 2004, the Minister shall not pay the amount under subsection 5(4) of the Act in respect of an individual who was a beneficiary under the RESP at the time of the withdrawal throughout the period that begins on the day of the withdrawal and ends on the last day of the second year following the year in which the withdrawal is made unless

  • (a) the withdrawal is made at a time when at least one beneficiary under the RESP is eligible to receive an EAP under the RESP;

  • (b) the withdrawal is an eligible transfer; or

  • (c) the withdrawal is all or part of an excess amount of contributions to reduce the amount of tax, otherwise payable under Part X.4 of the Income Tax Act, and, at the time of the withdrawal, the excess amount for the year is not greater than $4,000.

• (4) At the time a CES grant is paid to an RESP, the trustee shall credit the grant account of the RESP with the amount of the CES grant paid.

Ineligible Beneficiaries (CES Grants)

• 5 (1) For the purposes of paragraph 5(3)(b) of the Act and paragraph 4(1)(f) of these Regulations, if contributions that were made to an RESP before 1998 are withdrawn from the RESP after February 23, 1998, any individual who is a beneficiary of the RESP at any time during the period beginning on February 24, 1998 and ending on the day of the withdrawal is an ineligible beneficiary throughout the period that begins on the day of the withdrawal and ends on the last day of the second year following the year in which the withdrawal is made.

• (2) Subsection (1) does not apply if

  • (a) the total of all withdrawals made under the RESP for the year does not exceed $200;

  • (b) the withdrawal is made at a time when at least one beneficiary under the RESP is eligible to receive an EAP under the RESP;

  • (c) the withdrawal is an eligible transfer; or

  • (d) the withdrawal is all or part of an excess amount of contributions to reduce the amount of tax, otherwise payable under Part X.4 of the Income Tax Act, and, at the time of the withdrawal, the excess amount for the year is not greater than $4,000.

Conditions for Payment of CLB

• 6 (1) The Minister may pay a CLB if

  • (a) the trustee enters into a trustee agreement with the Minister that applies to the RESP and includes the terms and conditions set out in section 8;

  • (b) the application for the CLB is made by the trustee, at the request of a subscriber under the RESP;

  • (c) the RESP complies at the time of the CLB payment with the conditions for registration set out in subsection 146.1(2) of the Income Tax Act that apply in respect of education savings plans entered into on January 1, 1999;

  • (d) the RESP has only one beneficiary or, if there is more than one, every beneficiary is a brother or sister of every other beneficiary;

  • (e) the RESP has a CLB account for each beneficiary in respect of whom a CLB is paid; and

  • (f) the trustee complies with the terms and conditions of these Regulations and the trustee agreement that applies to the RESP.

• (2) At the time a CLB is paid to an RESP, the trustee shall credit the beneficiary’s CLB account within the RESP with the amount of the CLB paid.

Waiver — Undue Hardship

7 The Minister may, for the purposes of section 9.1 of the Act, waive the requirement

• (a) to designate a trust under subsection 5(7) of the Act;

• (b) to apply for a CLB before the beneficiary reaches 21 years of age under subsection 6(1) of the Act;

• (c) to designate a trust under subsection 6(4) of the Act;

• (d) to provide a Social Insurance Number or business number under paragraph 7(b) of the Act; and

• (e) to apply for CES grants within the time limits set out in paragraph 4(1)(b).

Terms and Conditions of Trustee Agreements

8 Every trustee agreement shall include the following terms and conditions:

• (a) the trustee shall provide the Minister with any information that the Minister requires for the purposes of the Act and these Regulations;

• (b) the trustee shall maintain records and books of account that relate to the amounts paid under the Act in such form and containing such information as the Minister requires to enable the Minister to determine whether the amounts will be paid or are required to be repaid;

• (c) the trustee shall allow the Minister access to all documents and other information that the Minister requires for auditing payments or repayments made under the Act or these Regulations;

• (d) the trustee shall report to the Minister

  • (i) all contributions and transfers to, and all withdrawals and transfers from, an RESP that are made after 1997,

  • (ii) the portion of EAPs made from the RESP that is attributable to amounts paid under the Act, and

  • (iii) any other information related to the RESP that is specified in the trustee agreement;

• (e) the reporting referred to in paragraph (d) shall be done annually or within any shorter period that is set out in the trustee agreement;

• (f) the trustee shall submit all information to the Minister in a format and manner that is acceptable to the Minister;

• (g) the trustee may make a distribution from an RESP only if, at the time immediately after the distribution, the fair market value of the property held in connection with the RESP would not be less than the total of the balance in the grant account and all CLB accounts of the RESP, unless the distribution is an EAP made to a beneficiary of the RESP and all of the EAP is attributable to CES grants and to a CLB;

• (h) the trustee shall repay any amount required to be repaid to the Minister under these Regulations, other than the amounts payable by a beneficiary under subsection 12(2) and section 13; and

• (i) the trustee shall not charge fees related to the RESP against the balance of the grant account or the CLB account of any beneficiary of the RESP.

Terms and Conditions of Agreements with Promoters

9 Every agreement between the Minister and the promoter of an RESP shall include the following terms and conditions:

• (a) the promoter shall provide the trustee with any information that the Minister requires for the purposes of the Act and these Regulations;

• (b) the promoter shall report to the Minister any information related to the RESP that is specified in the agreement;

• (c) the promoter shall submit all information to the Minister in a format and manner that is acceptable to the Minister;

• (d) the promoter shall allow the Minister access to all documents and other information related to RESPs that the Minister requires for audit purposes; and

• (e) the promoter shall not charge fees related to the RESP against the balance of the grant account or the CLB account of any beneficiary in the RESP.

Apportionment of EAP

• 10 (1) Subject to subsection (3), the portion of an EAP made to a beneficiary under an RESP that is attributable to a CLB is the amount determined by the formula

  A × B/C

  where:

  A

  is the amount of the EAP,

  B

  is the balance in the beneficiary’s CLB account immediately before the payment of the EAP, and

  C

  is the total amount available to the beneficiary for an EAP.

• (2) Subject to subsections (3) and (4), the portion of an EAP made to a beneficiary under an RESP that is attributable to CES grants is the lesser of

  • (a) the amount determined by the formula

    A × D/C

    where

    A

    is the amount of the EAP,

    D

    is the balance in the grant account of the RESP immediately before the payment of the EAP, and

    C

    is the total amount available to the beneficiary for an EAP, and

  • (b) the amount by which $7,200 is greater than the aggregate of all amounts determined under this subsection in respect of an EAP previously made by the promoter to the beneficiary.

• (2.1) The portion of an EAP made to a beneficiary under an RESP that is attributable to accumulated income is the amount determined by the formula

  A × E/C

  where

  A

  is the amount of the EAP,

  E

  is the amount of the accumulated income in the RESP immediately before the payment of the EAP, and

  C

  is the total amount available to the beneficiary for an EAP.

• (2.2) For the purposes of subsections (1) to (2.1), the total amount available to the beneficiary for the EAP is the sum of

  • (a) the accumulated income,

  • (b) the amounts in the RESP paid by a designated provincial program and eligible to be paid in the EAP under the laws applicable to the designated provincial program,

  • (c) if the beneficiary is resident in Canada at the time the EAP is made, the balance in the beneficiary’s CLB account, and

  • (d) if the aggregate of all amounts determined under subsection (2) in respect of an EAP previously made by the promoter to the beneficiary is less than $7,200 and, if the beneficiary is resident in Canada at the time the EAP is made, the balance in the grant account of the RESP.

• (3) The portion of an EAP that is attributable to CES grants or a CLB is nil where the beneficiary is not resident in Canada at the time the EAP is made.

• (4) The portion of an EAP made to a beneficiary under an RESP that allows more than one beneficiary at any one time that is attributable to CES grants is nil where the beneficiary became a beneficiary under the RESP after attaining 21 years of age, unless, before attaining 21 years of age, the beneficiary had been a beneficiary under another RESP that allows more than one beneficiary at any one time.

• (5) Where a CES grant or a CLB is paid as a portion of an EAP to a beneficiary under an RESP, the trustee shall debit the grant account or the CLB account of the RESP, as the case may be, at the time of the payment with the amount of CES grant or CLB paid.