Canada Education Savings Act (S.C. 2004, c. 26)

AMENDMENTS NOT IN FORCE

• — 2024, c. 17, s. 162

  • 162 The definition primary caregiver in subsection 2(1) of the Canada Education Savings Act is replaced by the following:

    primary caregiver

    primary caregiver means

    • (a) in the case of a beneficiary, or a child referred to in subsections 6(1.1) to (1.3) and section 12.2, who is a qualified dependant, the eligible individual in respect of the beneficiary or child; and

    • (b) in the case of a beneficiary, or a child referred to in subsections 6(1.1) to (1.3) and section 12.2, in respect of whom a special allowance is payable under the Children’s Special Allowances Act, the department, agency or institution that maintains the beneficiary or child. (responsable)

• — 2024, c. 17, s. 163

  • • 163 (1) Subsection 6(1) of the Act is replaced by the following:

      • Canada Learning Bonds — application

        • 6 (1) Subject to this Act and the regulations, on application to the Minister, in the form and manner approved by the Minister, the Minister may, in respect of a beneficiary under a registered education savings plan who was born after 2003 and is less than 31 years of age at the time of the application, pay to a trustee of a trust governed by the plan a Canada Learning Bond for the benefit of the trust. The Canada Learning Bond is to be paid on any terms and conditions that the Minister may specify by agreement between the Minister and the trustee.

    • (2) Section 6 of the Act is amended by adding the following after subsection (1):

      • Notice — automatic enrolment

        (1.1) If the Minister determines that a child born after 2023 would be eligible to have a Canada Learning Bond paid in their respect if they were a beneficiary under a registered education savings plan, the child’s Social Insurance Number is provided to the Minister and the child is not, to the Minister’s knowledge, a beneficiary under such a plan, the Minister must notify the child’s primary caregiver — in the form and manner that the Minister considers appropriate — that the child is eligible to have a Canada Learning Bond paid in their respect and that the Minister will open a registered education savings plan in respect of the child in accordance with subsections (1.2) and (1.3) for the purpose of paying the Canada Learning Bond.

      • Opening of registered education savings plan by Minister

        (1.2) Subject to subsection (1.3), if the Minister determines that a child born after 2023 would be eligible to have a Canada Learning Bond paid in their respect if they were a beneficiary and the Minister is provided with the child’s Social Insurance Number, the Minister must open a registered education savings plan in respect of the child

        • (a) if the child is less than three years of age on the day the Minister determines that the child is eligible, no earlier than the day on which the child reaches the age of four or no earlier than any other day determined by the Minister; or

        • (b) if the child is three years of age or more on the day the Minister determines that the child is eligible, no earlier than the day that is 365 days after the day on which the Minister determines that the child is eligible or no earlier than any other day determined by the Minister.

      • Exception

        (1.3) The Minister must not open a registered education savings plan in respect of a child under subsection (1.2) if the child’s primary caregiver or the primary caregiver’s cohabiting spouse or common-law partner has communicated to the Minister, in the form and manner approved by the Minister, their refusal of the payment of a Canada Learning Bond in respect of the child or if the child is a beneficiary.

      • For greater certainty

        (1.4) For greater certainty, an application may be made to the Minister under subsection (1) in respect of a person even if a refusal referred to in subsection (1.3) was communicated to the Minister in respect of that person.

    • (3) Section 6 of the Act is amended by adding the following after subsection (1.4):

      • Canada Learning Bonds — automatic enrolment

        (1.5) If the Minister opens a registered education savings plan under subsection (1.2), subject to this Act and the regulations, the Minister may, in respect of the beneficiary under the plan, pay to a trustee of a trust governed by the plan a Canada Learning Bond for the benefit of the trust. The Canada Learning Bond is to be paid on any terms and conditions that the Minister may specify by agreement between the Minister and the trustee.

    • (4) Subsection 6(4) of the Act is replaced by the following:

      • Designation

        (4) The amount of a Canada Learning Bond payable under subsection (1) in respect of a benefit year is to be paid to the trustee of a trust designated, in the form and manner approved by the Minister, by the primary caregiver of the beneficiary, the primary caregiver’s cohabiting spouse or common-law partner or, if the beneficiary is 18 years of age or more, the beneficiary.

• — 2024, c. 17, s. 164

  • 164 The portion of section 7 of the Act before paragraph (a) is replaced by the following:

    • Conditions

      7 Neither a CES grant nor a Canada Learning Bond payable under subsection 6(1) may be paid in respect of a beneficiary under a registered education savings plan unless

• — 2024, c. 17, s. 165

  • 165 The Act is amended by adding the following after section 7:

    • Conditions — automatic enrolment

      7.01 A Canada Learning Bond payable under subsection 6(1.5) must not be paid in respect of a beneficiary under a registered education savings plan unless the beneficiary is resident in Canada immediately before the payment is made.

• — 2024, c. 17, s. 166

  • 166 The Act is amended by adding the following after section 7:

    • Administration of registered education savings plans

      7.1 The Minister may enter into an agreement with a person respecting the administration of a registered education savings plan opened under subsection 6(1.2) or any other registered education savings plan identified by the Minister. The agreement may provide for the payment of remuneration by the Minister to the person for the administration of the plan.

• — 2024, c. 17, s. 167

  • 167 Section 9 of the Act is replaced by the following:

    • Payments out of C.R.F.

      9 All amounts payable by the Minister under this Act, the regulations or an agreement entered into under section 7.1 or 12 must be paid out of the Consolidated Revenue Fund.

• — 2024, c. 17, s. 168

  • 168 The Act is amended by adding the following after section 12.1:

    • Collection of Social Insurance Number

      12.2 The Minister may collect the Social Insurance Number of any person who, as determined by the Minister, would be eligible to have a Canada Learning Bond paid in their respect if they were a beneficiary and, if the person is a child, the Social Insurance Number of the child’s primary caregiver and the primary caregiver’s cohabiting spouse or common-law partner.

• — 2024, c. 17, s. 169

  • • 169 (1) Section 13 of the Act is amended by adding the following after paragraph (c):

      • (c.1) respecting the notice referred to in subsection 6(1.1), including providing for the maximum age of a child in respect of whom a notice is to be provided under that subsection;

      • (c.2) respecting the opening of registered education savings plans by the Minister under subsection 6(1.2), including providing for the maximum age of a child in respect of whom such a plan may be opened under that subsection;

      • (c.3) respecting the refusal referred to in subsection 6(1.3);

      • (c.4) respecting the administration of the registered education savings plans referred to in section 7.1;

      • (c.5) respecting agreements made under section 7.1, including specifying terms and conditions to be included in such agreements;

    • (2) Section 13 of the Act is amended by adding the following after paragraph (c.3):

      • (c.31) respecting payments under subsection 6(1.5);