Notice #492 - Budget 2023 changes to the Qualifying Family Member measure approved in Budget Implementation Act, 2023, No. 1

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Information bulletin

Number: CDSP/PCEI‑2023/24‑001‑492

Date: July 20, 2023

Subject: Budget 2023 changes to the Qualifying Family Member measure approved in Budget Implementation Act, 2023, No. 1

Purpose

The purpose of this information bulletin is to inform Registered Disability Savings Plan (RDSP) issuers and authorized agents of changes to the Qualifying Family Member (QFM) measure proposed in Budget 2023 and approved in Budget Implementation Act, 2023, No. 1.

Background

Starting in 2012, the federal government expanded access to RDSPs by allowing a “qualifying family member” – including a parent, spouse, or common‑law partner – to open an RDSP and be the plan holder for an adult with mental disabilities whose ability to enter into an RDSP contract was in doubt and who did not have a legal representative.

This measure was temporary and was set to expire on December 31, 2015. The measure was then extended for additional terms in 2015 (until December 31, 2018) and 2018 (until December 31, 2023).

Changes to the QFM measure in Budget 2023

On March 28, 2023, Budget 2023 announced the government’s intention to change the QFM measure in 2 ways:

Coming into force

The proposed changes came into force on June 22, 2023, when the Budget Implementation Act, 2023, No. 1 received Royal Assent. As a result, the QFM measure will no longer expire on December 31, 2023, but will continue in force until December 31, 2026. Further, the measure will now allow a sibling to open an RDSP and act as holder for an adult whose ability to enter into an RDSP contract is in doubt and who does not have a legal representative. Of note, the measure excludes brothers- and sisters-in-law from the expanded definition of qualifying family members.

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