I-3 - Taxation Act

Section 905.0.3 Disposition versions

2021-12-10

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“designated provincial program” means a program that is established under the laws of a province and that supports savings in registered disability savings plans;

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person described in paragraph a or b of the definition of “qualifying person” in relation to the beneficiary,

ii.1.  if the arrangement is entered into before 1 January 2024, a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary,

ii.2.  a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which

i.  the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions, or

ii.  the beneficiary is not an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions and an amount is to be transferred from a registered disability savings plan of the beneficiary to the arrangement in accordance with section 905.0.16;

“excluded year” means a calendar year prior to the calendar year in which the certification mentioned in the definition of “specified year” is provided to the issuer of the plan;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom an amount is deductible under section 118.3 of the Income Tax Act in computing the individual’s tax payable under Part I of that Act for the year or that would be deductible if that section were read without reference to paragraph c of its subsection 1;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying family member”, in relation to a beneficiary of a disability savings plan, at any time, means an individual who, at that time, is

(a)  the father or mother of the beneficiary; or

(b)  the spouse of the beneficiary who is not living separate and apart from the beneficiary by reason of a breakdown of their marriage;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary;

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a; and

(c)  other than for the purposes of subparagraph iv of subparagraph b of the first paragraph of section 905.0.6, an individual who is a qualifying family member in relation to the beneficiary if

i.  at or before that time, the beneficiary has reached 18 years of age and is not a beneficiary under a disability savings plan,

ii.  at that time, none of the persons described in subparagraphs ii and iii of paragraph a is legally authorized to act on behalf of the beneficiary, and

iii.  in the issuer’s opinion after reasonable inquiry, the beneficiary’s contractual competence to enter into a disability savings plan at that time is in doubt;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified maximum amount”, for a calendar year in respect of a disability savings plan, means the amount that is the greater of

(a)  the amount determined by the formula in subparagraph l of the first paragraph of section 905.0.6 in respect of the plan for the calendar year; and

(b)  the amount determined by the formula

A + B;

“specified year” for a disability savings plan of a beneficiary means a calendar year, other than an excluded year, that is either the particular calendar year in which a physician or specialized nurse practitioner licensed to practise under the laws of a province (or of the jurisdiction where the beneficiary resides) certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician or specialized nurse practitioner, the beneficiary is not likely to survive more than five years, or 

(a)  if the plan is a specified disability savings plan, a year subsequent to the particular calendar year; or

(b)  in any other case, any of the five calendar years following the particular calendar year.

In the formula in paragraph b of the definition of “specified maximum amount” in the first paragraph,

(a)  A is 10% of the fair market value of the property held by the plan trust at the beginning of the calendar year (other than annuity contracts that, at the beginning of the calendar year, are not described in paragraph b of the definition of “qualified investment” in subsection 1 of section 146.4 of the Income Tax Act); and

(b)  B is the aggregate of all amounts each of which is

i.  a periodic payment under an annuity contract held by the plan trust at the beginning of the calendar year (other than an annuity contract described at the beginning of the calendar year in paragraph b of the definition of “qualified investment” in subsection 1 of section 146.4 of the Income Tax Act) that is paid to the plan trust in the calendar year, or

ii.  if the periodic payment under an annuity contract described in subparagraph i is not made to the plan trust because the plan trust disposed of the right to that payment in the calendar year, an amount that is a reasonable estimate of that payment on the assumption that the annuity contract had been held by the plan trust throughout the calendar year and no rights under the contract were disposed of in the calendar year.

2009, c. 15, s. 168; 2010, c. 7, s. 212; 2011, c. 6, s. 178; 2012, c. 8, s. 143; 2013, c. 10, s. 71; 2015, c. 21, s. 336; 2017, c. 1, s. 255; 2019, c. 14, s. 279; 2020, c. 16, s. 135; 2021, c. 36, s. 92.

2020-09-24

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“designated provincial program” means a program that is established under the laws of a province and that supports savings in registered disability savings plans;

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person described in paragraph a or b of the definition of “qualifying person” in relation to the beneficiary,

ii.1.  if the arrangement is entered into before 1 January 2024, a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary,

ii.2.  a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions;

“excluded year” means a calendar year prior to the calendar year in which the certification mentioned in the definition of “specified year” is provided to the issuer of the plan;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom an amount is deductible under section 118.3 of the Income Tax Act in computing the individual’s tax payable under Part I of that Act for the year or that would be deductible if that section were read without reference to paragraph c of its subsection 1;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying family member”, in relation to a beneficiary of a disability savings plan, at any time, means an individual who, at that time, is

(a)  the father or mother of the beneficiary; or

(b)  the spouse of the beneficiary who is not living separate and apart from the beneficiary by reason of a breakdown of their marriage;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary;

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a; and

(c)  other than for the purposes of subparagraph iv of subparagraph b of the first paragraph of section 905.0.6, an individual who is a qualifying family member in relation to the beneficiary if

i.  at or before that time, the beneficiary has reached 18 years of age and is not a beneficiary under a disability savings plan,

ii.  at that time, none of the persons described in subparagraphs ii and iii of paragraph a is legally authorized to act on behalf of the beneficiary, and

iii.  in the issuer’s opinion after reasonable inquiry, the beneficiary’s contractual competence to enter into a disability savings plan at that time is in doubt;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified maximum amount”, for a calendar year in respect of a disability savings plan, means the amount that is the greater of

(a)  the amount determined by the formula in subparagraph l of the first paragraph of section 905.0.6 in respect of the plan for the calendar year; and

(b)  the amount determined by the formula

A + B;

“specified year” for a disability savings plan of a beneficiary means a calendar year, other than an excluded year, that is either the particular calendar year in which a physician or specialized nurse practitioner licensed to practise under the laws of a province (or of the jurisdiction where the beneficiary resides) certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician or specialized nurse practitioner, the beneficiary is not likely to survive more than five years, or 

(a)  if the plan is a specified disability savings plan, a year subsequent to the particular calendar year; or

(b)  in any other case, any of the five calendar years following the particular calendar year.

In the formula in paragraph b of the definition of “specified maximum amount” in the first paragraph,

(a)  A is 10% of the fair market value of the property held by the plan trust at the beginning of the calendar year (other than annuity contracts that, at the beginning of the calendar year, are not described in paragraph b of the definition of “qualified investment” in subsection 1 of section 146.4 of the Income Tax Act); and

(b)  B is the aggregate of all amounts each of which is

i.  a periodic payment under an annuity contract held by the plan trust at the beginning of the calendar year (other than an annuity contract described at the beginning of the calendar year in paragraph b of the definition of “qualified investment” in subsection 1 of section 146.4 of the Income Tax Act) that is paid to the plan trust in the calendar year, or

ii.  if the periodic payment under an annuity contract described in subparagraph i is not made to the plan trust because the plan trust disposed of the right to that payment in the calendar year, an amount that is a reasonable estimate of that payment on the assumption that the annuity contract had been held by the plan trust throughout the calendar year and no rights under the contract were disposed of in the calendar year.

2009, c. 15, s. 168; 2010, c. 7, s. 212; 2011, c. 6, s. 178; 2012, c. 8, s. 143; 2013, c. 10, s. 71; 2015, c. 21, s. 336; 2017, c. 1, s. 255; 2019, c. 14, s. 279; 2020, c. 16, s. 135.

2019-06-19

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“designated provincial program” means a program that is established under the laws of a province and that supports savings in registered disability savings plans;

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person described in paragraph a or b of the definition of “qualifying person” in relation to the beneficiary,

ii.1.  if the arrangement is entered into before 1 January 2019, a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary,

ii.2.  a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions;

“excluded year” means a calendar year prior to the calendar year in which the certification mentioned in the definition of “specified year” is provided to the issuer of the plan;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom an amount is deductible under section 118.3 of the Income Tax Act in computing the individual’s tax payable under Part I of that Act for the year or that would be deductible if that section were read without reference to paragraph c of its subsection 1;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying family member”, in relation to a beneficiary of a disability savings plan, at any time, means an individual who, at that time, is

(a)  the father or mother of the beneficiary; or

(b)  the spouse of the beneficiary who is not living separate and apart from the beneficiary by reason of a breakdown of their marriage;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary;

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a; and

(c)  other than for the purposes of subparagraph iv of subparagraph b of the first paragraph of section 905.0.6, an individual who is a qualifying family member in relation to the beneficiary if

i.  at or before that time, the beneficiary has reached 18 years of age and is not a beneficiary under a disability savings plan,

ii.  at that time, none of the persons described in subparagraphs ii and iii of paragraph a is legally authorized to act on behalf of the beneficiary, and

iii.  in the issuer’s opinion after reasonable inquiry, the beneficiary’s contractual competence to enter into a disability savings plan at that time is in doubt;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified maximum amount”, for a calendar year in respect of a disability savings plan, means the amount that is the greater of

(a)  the amount determined by the formula in subparagraph l of the first paragraph of section 905.0.6 in respect of the plan for the calendar year; and

(b)  the amount determined by the formula

A + B;

“specified year” for a disability savings plan of a beneficiary means a calendar year, other than an excluded year, that is either the particular calendar year in which a physician or specialized nurse practitioner licensed to practise under the laws of a province (or of the jurisdiction where the beneficiary resides) certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician or specialized nurse practitioner, the beneficiary is not likely to survive more than five years, or 

(a)  if the plan is a specified disability savings plan, a year subsequent to the particular calendar year; or

(b)  in any other case, any of the five calendar years following the particular calendar year.

In the formula in paragraph b of the definition of “specified maximum amount” in the first paragraph,

(a)  A is 10% of the fair market value of the property held by the plan trust at the beginning of the calendar year (other than annuity contracts that, at the beginning of the calendar year, are not described in paragraph b of the definition of “qualified investment” in subsection 1 of section 205 of the Income Tax Act); and

(b)  B is the aggregate of all amounts each of which is

i.  a periodic payment under an annuity contract held by the plan trust at the beginning of the calendar year (other than an annuity contract described at the beginning of the calendar year in paragraph b of the definition of “qualified investment” in subsection 1 of section 205 of the Income Tax Act) that is paid to the plan trust in the calendar year, or

ii.  if the periodic payment under an annuity contract described in subparagraph i is not made to the plan trust because the plan trust disposed of the right to that payment in the calendar year, an amount that is a reasonable estimate of that payment on the assumption that the annuity contract had been held by the plan trust throughout the calendar year and no rights under the contract were disposed of in the calendar year.

2009, c. 15, s. 168; 2010, c. 7, s. 212; 2011, c. 6, s. 178; 2012, c. 8, s. 143; 2013, c. 10, s. 71; 2015, c. 21, s. 336; 2017, c. 1, s. 255; 2019, c. 14, s. 279.

2017-02-08

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“designated provincial program” means a program that is established under the laws of a province and that supports savings in registered disability savings plans;

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person described in paragraph a or b of the definition of “qualifying person” in relation to the beneficiary,

ii.1.  if the arrangement is entered into before 1 January 2019, a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary,

ii.2.  a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions;

“excluded year” means a calendar year prior to the calendar year in which the certification mentioned in the definition of “specified year” is provided to the issuer of the plan;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom an amount is deductible under section 118.3 of the Income Tax Act in computing the individual’s tax payable under Part I of that Act for the year or that would be deductible if that section were read without reference to paragraph c of its subsection 1;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying family member”, in relation to a beneficiary of a disability savings plan, at any time, means an individual who, at that time, is

(a)  the father or mother of the beneficiary; or

(b)  the spouse of the beneficiary who is not living separate and apart from the beneficiary by reason of a breakdown of their marriage;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary;

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a; and

(c)  other than for the purposes of subparagraph iv of subparagraph b of the first paragraph of section 905.0.6, an individual who is a qualifying family member in relation to the beneficiary if

i.  at or before that time, the beneficiary has reached 18 years of age and is not a beneficiary under a disability savings plan,

ii.  at that time, none of the persons described in subparagraphs ii and iii of paragraph a is legally authorized to act on behalf of the beneficiary, and

iii.  in the issuer’s opinion after reasonable inquiry, the beneficiary’s contractual competence to enter into a disability savings plan at that time is in doubt;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified maximum amount”, for a calendar year in respect of a disability savings plan, means the amount that is the greater of

(a)  the amount determined by the formula in subparagraph l of the first paragraph of section 905.0.6 in respect of the plan for the calendar year; and

(b)  the amount determined by the formula

A + B;

“specified year” for a disability savings plan of a beneficiary means a calendar year, other than an excluded year, that is either the particular calendar year in which a physician licensed to practise under the laws of a province (or of the jurisdiction where the beneficiary resides) certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician, the beneficiary is not likely to survive more than five years, or

(a)  if the plan is a specified disability savings plan, a year subsequent to the particular calendar year; or

(b)  in any other case, any of the five calendar years following the particular calendar year.

In the formula in paragraph b of the definition of “specified maximum amount” in the first paragraph,

(a)  A is 10% of the fair market value of the property held by the plan trust at the beginning of the calendar year (other than annuity contracts that, at the beginning of the calendar year, are not described in paragraph b of the definition of “qualified investment” in subsection 1 of section 205 of the Income Tax Act); and

(b)  B is the aggregate of all amounts each of which is

i.  a periodic payment under an annuity contract held by the plan trust at the beginning of the calendar year (other than an annuity contract described at the beginning of the calendar year in paragraph b of the definition of “qualified investment” in subsection 1 of section 205 of the Income Tax Act) that is paid to the plan trust in the calendar year, or

ii.  if the periodic payment under an annuity contract described in subparagraph i is not made to the plan trust because the plan trust disposed of the right to that payment in the calendar year, an amount that is a reasonable estimate of that payment on the assumption that the annuity contract had been held by the plan trust throughout the calendar year and no rights under the contract were disposed of in the calendar year.

2009, c. 15, s. 168; 2010, c. 7, s. 212; 2011, c. 6, s. 178; 2012, c. 8, s. 143; 2013, c. 10, s. 71; 2015, c. 21, s. 336; 2017, c. 1, s. 255.

2015-10-21

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“designated provincial program” means a program that is established under the laws of a province and that supports savings in registered disability savings plans;

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person described in paragraph a or b of the definition of “qualifying person” in relation to the beneficiary,

ii.1.  if the arrangement is entered into before 1 January 2017, a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary,

ii.2.  a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions;

“excluded year” means a calendar year prior to the calendar year in which the certification mentioned in the definition of “specified year” is provided to the issuer of the plan;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom an amount is deductible under section 118.3 of the Income Tax Act in computing the individual’s tax payable under Part I of that Act for the year or that would be deductible if that section were read without reference to paragraph c of its subsection 1;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying family member”, in relation to a beneficiary of a disability savings plan, at any time, means an individual who, at that time, is

(a)  the father or mother of the beneficiary; or

(b)  the spouse of the beneficiary who is not living separate and apart from the beneficiary by reason of a breakdown of their marriage;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary;

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a; and

(c)  other than for the purposes of subparagraph iv of subparagraph b of the first paragraph of section 905.0.6, an individual who is a qualifying family member in relation to the beneficiary if

i.  at or before that time, the beneficiary has reached 18 years of age and is not a beneficiary under a disability savings plan,

ii.  at that time, none of the persons described in subparagraphs ii and iii of paragraph a is legally authorized to act on behalf of the beneficiary, and

iii.  in the issuer’s opinion after reasonable inquiry, the beneficiary’s contractual competence to enter into a disability savings plan at that time is in doubt;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified maximum amount”, for a calendar year in respect of a disability savings plan, means the amount that is the greater of

(a)  the amount determined by the formula in subparagraph l of the first paragraph of section 905.0.6 in respect of the plan for the calendar year; and

(b)  the amount determined by the formula

A + B;

“specified year” for a disability savings plan of a beneficiary means a calendar year, other than an excluded year, that is either the particular calendar year in which a physician licensed to practise under the laws of a province (or of the jurisdiction where the beneficiary resides) certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician, the beneficiary is not likely to survive more than five years, or

(a)  if the plan is a specified disability savings plan, a year subsequent to the particular calendar year; or

(b)  in any other case, any of the five calendar years following the particular calendar year.

In the formula in paragraph b of the definition of “specified maximum amount” in the first paragraph,

(a)  A is 10% of the fair market value of the property held by the plan trust at the beginning of the calendar year (other than annuity contracts that, at the beginning of the calendar year, are not described in paragraph b of the definition of “qualified investment” in subsection 1 of section 205 of the Income Tax Act); and

(b)  B is the aggregate of all amounts each of which is

i.  a periodic payment under an annuity contract held by the plan trust at the beginning of the calendar year (other than an annuity contract described at the beginning of the calendar year in paragraph b of the definition of “qualified investment” in subsection 1 of section 205 of the Income Tax Act) that is paid to the plan trust in the calendar year, or

ii.  if the periodic payment under an annuity contract described in subparagraph i is not made to the plan trust because the plan trust disposed of the right to that payment in the calendar year, an amount that is a reasonable estimate of that payment on the assumption that the annuity contract had been held by the plan trust throughout the calendar year and no rights under the contract were disposed of in the calendar year.

2009, c. 15, s. 168; 2010, c. 7, s. 212; 2011, c. 6, s. 178; 2012, c. 8, s. 143; 2013, c. 10, s. 71; 2015, c. 21, s. 336.

2013-06-05

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“designated provincial program” means a program that is established under the laws of a province and that supports savings in registered disability savings plans;

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person described in paragraph a or b of the definition of “qualifying person” in relation to the beneficiary,

ii.1.  if the arrangement is entered into before 1 January 2017, a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary,

ii.2.  a qualifying family member in relation to the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions;

“excluded year” means a calendar year prior to the calendar year in which the certification mentioned in the definition of “specified year” is provided to the issuer of the plan;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom an amount is deductible under section 118.3 of the Income Tax Act in computing the individual’s tax payable under Part I of that Act for the year or that would be deductible if that section were read without reference to paragraph c of its subsection 1;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying family member”, in relation to a beneficiary of a disability savings plan, at any time, means an individual who, at that time, is

(a)  the father or mother of the beneficiary; or

(b)  the spouse of the beneficiary who is not living separate and apart from the beneficiary by reason of a breakdown of their marriage;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary;

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a; and

(c)  other than for the purposes of subparagraph iv of subparagraph b of the first paragraph of section 905.0.6, an individual who is a qualifying family member in relation to the beneficiary if

i.  at or before that time, the beneficiary has reached 18 years of age and is not a beneficiary under a disability savings plan,

ii.  at that time, none of the persons described in subparagraphs ii and iii of paragraph a is legally authorized to act on behalf of the beneficiary, and

iii.  in the issuer’s opinion after reasonable inquiry, the beneficiary’s contractual competence to enter into a disability savings plan at that time is in doubt;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified year” for a disability savings plan of a beneficiary means a calendar year, other than an excluded year, that is either the particular calendar year in which a physician licensed to practise under the laws of a province (or of the jurisdiction where the beneficiary resides) certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician, the beneficiary is not likely to survive more than five years, or

(a)  if the plan is a specified disability savings plan, a year subsequent to the particular calendar year; or

(b)  in any other case, any of the five calendar years following the particular calendar year.

2009, c. 15, s. 168; 2010, c. 7, s. 212; 2011, c. 6, s. 178; 2012, c. 8, s. 143; 2013, c. 10, s. 71.

2012-05-09

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“designated provincial program” means a program that is established under the laws of a province and that supports savings in registered disability savings plans;

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions;

“excluded year” means a calendar year prior to the calendar year in which the certification mentioned in the definition of “specified year” is provided to the issuer of the plan;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom an amount is deductible under section 118.3 of the Income Tax Act in computing the individual’s tax payable under Part I of that Act for the year or that would be deductible if that section were read without reference to paragraph c of its subsection 1;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary; and

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified year” for a disability savings plan of a beneficiary means a calendar year, other than an excluded year, that is either the particular calendar year in which a physician licensed to practise under the laws of a province (or of the jurisdiction where the beneficiary resides) certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician, the beneficiary is not likely to survive more than five years, or

(a)  if the plan is a specified disability savings plan, a year subsequent to the particular calendar year; or

(b)  in any other case, any of the five calendar years following the particular calendar year.

2009, c. 15, s. 168; 2010, c. 7, s. 212; 2011, c. 6, s. 178; 2012, c. 8, s. 143.

2011-06-06

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“designated provincial program” means a program that is established under the laws of a province and that supports savings in registered disability savings plans;

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the year;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary; and

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified year” for a disability savings plan of a beneficiary means the particular calendar year in which a physician licensed to practice under the laws of a province, or of the jurisdiction where the beneficiary resides, certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician, the beneficiary is not likely to survive more than five years, and each of the five calendar years following the particular calendar year, but does not include a calendar year prior to the calendar year in which the certification is provided to the issuer of the plan.

2009, c. 15, s. 168; 2010, c. 7, s. 212; 2011, c. 6, s. 178.

2011-02-14

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the Québec business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the year;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary; and

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified year” for a disability savings plan of a beneficiary means the particular calendar year in which a physician licensed to practice under the laws of a province, or of the jurisdiction where the beneficiary resides, certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician, the beneficiary is not likely to survive more than five years, and each of the five calendar years following the particular calendar year, but does not include a calendar year prior to the calendar year in which the certification is provided to the issuer of the plan.

2009, c. 15, s. 168; 2010, c. 7, s. 212.

2009-06-04

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the business number assigned under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the year;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary; and

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified year” for a disability savings plan of a beneficiary means the particular calendar year in which a physician licensed to practice under the laws of a province, or of the jurisdiction where the beneficiary resides, certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician, the beneficiary is not likely to survive more than five years, and each of the five calendar years following the particular calendar year, but does not include a calendar year prior to the calendar year in which the certification is provided to the issuer of the plan.

2009, c. 15, s. 168.