I-13.2.2, r. 1 - Regulation respecting the application of the Deposit Institutions and Deposit Protection Act

Section 9 Disposition versions

2023-04-30

9. In accordance with section 38 of the Act, the following deposits of money are deemed to be separate from any other deposit of money made by a person with the same deposit institution or bank:

(1)  any deposit of money made by that person under any of the following plans, funds or accounts, provided for in the Taxation Act (chapter I-3) or the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)):

(a)  a registered retirement savings plan;

(b)  a registered retirement income fund;

(c)  a registered education savings plan;

(d)  a registered disability savings plan;

(e)  a tax-free savings account;

(f)  a tax-free first home savings account;

(2)  any deposit of money made by that person in the same trust or under the same form of administration of the property of others, where the person acts as a trustee or is otherwise charged with the administration of the property of others and where the existence of the trust or form of administration of the property of others is noted in the records of the deposit institution or bank;

(3)  any deposit of money made by that person where the person acts as a co-owner jointly with the same persons and the existence of each person’s rights is noted in the records of the deposit institution or bank;

(4)  (paragraph revoked).

M.O. 2010-12, s. 9; M.O. 2020-09, s. 10; M.O. 2020-09, ss. 45 and 46; M.O. 2023-03, s. 1.

2021-04-30

9. In accordance with section 38 of the Act, the following deposits of money are deemed to be separate from any other deposit of money made by a person with the same deposit institution or bank:

(1)  any deposit of money made by that person under any of the following plans, funds or accounts, provided for in the Taxation Act (chapter I-3) or the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)):

(a)  a registered retirement savings plan;

(b)  a registered retirement income fund;

(c)  a registered education savings plan;

(d)  a registered disability savings plan;

(e)  a tax-free savings account;

(2)  any deposit of money made by that person in the same trust or under the same form of administration of the property of others, where the person acts as a trustee or is otherwise charged with the administration of the property of others and where the existence of the trust or form of administration of the property of others is noted in the records of the deposit institution or bank;

(3)  any deposit of money made by that person where the person acts as a co-owner jointly with the same persons and the existence of each person’s rights is noted in the records of the deposit institution or bank;

(4)  (paragraph revoked).

M.O. 2010-12, s. 9; M.O. 2020-09, s. 10; M.O. 2020-09, ss. 45 and 46.

2020-04-30

9. In accordance with section 38 of the Act, the following deposits of money are deemed to be separate from any other deposit of money made by a person with the same deposit institution or bank:

(1)  any deposit of money made by that person under any of the following plans, funds or accounts provided for in the Taxation Act (chapter I-3) or the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)):

(a)  a registered retirement savings plan;

(b)  a registered retirement income fund;

(c)  a tax-free savings account;

(2)  any deposit of money made by that person in the same trust or under the same form of administration of the property of others, where the person acts as a trustee or is otherwise charged with the administration of the property of others and where the existence of the trust or form of administration of the property of others is noted in the records of the deposit institution or bank;

(3)  any deposit of money made by that person where the person acts as a co-owner jointly with the same persons and the existence of each person’s rights is noted in the records of the deposit institution or bank;

(4)  any deposit of money made by that person and used to pay the balance owing by a hypothecary debtor with respect to the property taxes on the hypothecated property.

M.O. 2010-12, s. 9; M.O. 2020-09, s. 10.

2012-09-01

9. A deposit made with the same institution or bank constitutes a deposit separate from any other deposits in the following cases:

(1)  the deposit is the aggregate of a person’s interests in one or more deposits received by an institution or bank under one or more registered retirement savings plans, registered retirement income funds or tax-free savings accounts in accordance with the Taxation Act (chapter I-3) or the Income Tax Act (R.S.C. 1985, c. 1 (5th Supp.));

(2)  the deposit made with an institution or bank by a person acting as a trustee or mandatary with an institution or bank, and the existence of the trust or mandate as well as the name and address of the beneficiary are noted in the records of the institution or bank;

(3)  the deposit made with an institution or bank in the interest of persons in respect of which a trustee or mandatary acts as a depositor, and the existence of the trust or mandate, the names and addresses of each beneficiary and the breakdown of the deposit are noted in the records of the institution or bank, except for deposits received under registered retirement savings plans, registered retirement income funds or tax-free savings accounts;

(4)  the deposit is the aggregate of the deposits in respect of which a person acts as a co-owner jointly with the same persons, where the existence of each person’s interest is noted in the records of the institution or bank;

(5)  the deposit is received by an institution or bank and the funds are used to pay the balance owing by a hypothecary debtor with respect to the property taxes on the hypothecated property.

M.O. 2010-12, s. 9.