Except for family plans, generally, there are no restrictions on who can be the original subscriber under an RESP:

• divorced or separated individuals who are both legal parents can jointly open RESPs for one or more of their children, or move an existing joint RESP to another promoter.
• if you are both legal parents of the beneficiary, you and your former spouse or common-law partner can be joint subscribers under an RESP.
• you and your spouse or common-law partner, can be joint original subscribers under an RESP
• a public primary caregiver of a beneficiary under an RESP may also be an original subscriber. A public primary caregiver is one who receives a special allowance under the Children's Special Allowance Act and may be either of the following:
  • the department, agency or institution that cares for the beneficiary
  • the public trustee or public curator of the province in which the beneficiary resides

If you are not the original subscriber, you can become a subscriber only if one of the following situations applies:

• you are a spouse or common-law partner, or ex-spouse or former common-law partner, of a subscriber and you get the subscriber's rights under the RESP as a result of a court order or written agreement for dividing property after a breakdown of the relationship
• you are another individual or another public primary caregiver who has, under a written agreement, acquired a public primary caregiver's rights as a subscriber under the RESP
• you acquired the subscriber's rights under the RESP, or you continue to make contributions into the RESP for the beneficiary, after the death of a subscriber under the RESP
• you are the deceased subscriber's estate that acquired the subscriber's rights under the RESP, or that continues to make contributions into the RESP for the beneficiary, after the death of a subscriber under the RESP
• you are a subscriber who has, under a written agreement, acquired a public primary caregiver's rights as a subscriber under the plan

All subscribers under an RESP have to give their social insurance number (SIN) to the promoter before CRA can register the RESP. Where the subscriber is a public primary caregiver, we request that they provide the promoter with their business number.