HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 71.3 (1) of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78, is amended

(a) by repealing the definitions of "registered plan" and "planholder" and substituting the following:

"registered plan" means a DPSP, an RRIF, an RRSP, an RESP or an RDSP whether registered before, on or after November 1, 2008;

"planholder" means

(a) with respect to a DPSP, a beneficiary under the plan,

(b) with respect to an RRIF, an annuitant as defined in paragraph (a) of the definition of "annuitant" in section 146.3 (1) of the federal Act,

(c) with respect to an RRSP, an annuitant as defined in paragraph (a) of the definition of "annuitant" in section 146 (1) of the federal Act,

(d) with respect to an RDSP, a beneficiary under the plan, and

(e) with respect to an RESP, a beneficiary under the plan; , and

(b) by adding the following definitions:

"RDSP" means a registered disability savings plan as defined in section 146.4 of the federal Act;

"RESP" means a registered education savings plan as defined in section 146.1 of the federal Act; .

 
Explanatory Note

This Bill will ensure that Registered Education Savings Plans (RESPs) and Registered Disability Savings Plans (RDSPs) receive the same creditor protection that currently exists for RRIFs and RRSPs in British Columbia.