Income Tax Act — I-3.3 146.1
 year in which the plan was entered into, no other individual may be designated as a beneficiary under the plan; ( régime déterminé ) subscriber under an education savings plan at any time means (a) each individual or the public primary caregiver with whom the promoter of the plan enters into the plan, (a.1) another individual or another public primary caregiver who has before that time, under a written agreement, acquired a public primary caregiver’s rights as a subscriber under the plan, (b) an individual who has before that time acquired a subscriber’s rights under the plan pursuant to a decree, order or judgment of a competent tribunal, or under a written agreement, relating to a division of property between the individual and a subscriber under the plan in settlement of rights arising out of, or on the breakdown of, their marriage or common-law partnership, (c) after the death of an individual described in any of paragraphs (a) to (b), any other person (including the estate of the deceased individual) who acquires the individual’s rights as a subscriber under the plan or who makes contributions into the plan in respect of a beneficiary, or (d) the Minister designated for the purposes of the Canada Education Savings Act , if that Minister entered into the plan with a promoter but does not include an individual or a public primary caregiver whose rights as a subscriber under the plan had, before that time, been acquired by an individual or public primary caregiver in the circumstances described in paragraph (a.1) or (b); ( souscripteur ) tax-paid income [Repealed, 1998, c. 19, s. 38(1)] trust , except in this definition and the definition education savings plan , means any person who irrevocably holds property under an education savings plan for any of, or any combination of, the following purposes: (a) the payment of educational assistance payments, (b) the payment after 1997 of accumulated income payments, (c) the refund of payments, (c.1) the repayment of amounts (and the payment of amounts related to that repayment) under the Canada Education Savings Act or under a designated provincial program, (d) the payment to, or to a trust in favour of, designated educational institutions in Canada referred to in subparagraph (a)(i) of the definition of that expression in subsection 118.6(1), or (e) the payment to a trust that irrevocably holds property pursuant to a registered education savings plan for any of the purposes set out in paragraphs (a) to (d). ( fiducie ) Election (1.1) A subscriber under an RESP that allows accumulated income payments and a holder of an RDSP may jointly elect in prescribed form to have subsection (1.2) apply in respect of a beneficiary under the RESP if, at the time the election is made, the beneficiary is also the beneficiary under the RDSP and (a) the beneficiary has a severe and prolonged mental impairment that prevents, or can reasonably be expected to prevent, the beneficiary from enrolling in a qualifying educational program at a post-secondary educational institution; or (b) the RESP meets the conditions described in clause (2)(d.1)(iii)(A) or (B) to make an accumulated income payment. Effect of election (1.2) If an election is made under subsection (1.1) and is filed by the promoter of the RESP with the Minister without delay, then notwithstanding paragraph (2)(d.1) and any terms of the RESP required by that paragraph, an accumulated income payment under the RESP may be made to the RDSP. Conditions for registration (2) The Minister shall not accept for registration for the purposes of this Act any education savings plan of a promoter unless, in the Minister’s opinion, the following conditions are complied with: (a) the plan provides that the property of any trust governed by the plan (after the payment of trustee and administration charges) is irrevocably held for any of the purposes described in the definition trust in subsection 146.1(1) by a corporation licensed or otherwise authorized un