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

Assented to 2004-12-15

Marginal note:Interest

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

Marginal note:Payments out of CRF

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

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

  • Marginal note:Restriction

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

GENERAL

Marginal note:Recovery of payments and interest

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

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

  • Marginal note:Social Insurance Number information

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

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

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

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

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