TFSA Application Form | November 2017 7
7. Unused Contributions - The unused TFSA Contributions can be carried forward to future years and are determined as stipulated in the Act.
8. Non-Resident - If, at a particular time, a non-resident Holder makes a Contribution under the Arrangement, the non-resident Holder shall pay a tax under Part XI.01 of the Act equal to
1% of the amount of the Contributions in respect of each month for the period determined in section 207.03 of the Act.
9. Investments - Contributions to the Arrangement will be invested, and reinvested from time to time, in the investments selected by the Holder in writing from time to time. In making his/her
investment selection, the Holder may select units of mutual funds managed by IA Clarington Investments Inc. or other investments acceptable to the Trustee in its sole discretion. In making
investments for the Arrangement, the Trustee will not be limited to investments authorized by legislation governing the investment of property held in trust. The Trustee will not provide
any investment advice regarding the purchase, retention or sale of any investment by the Arrangement and will not be held responsible for advice that the Holder may have
received from another party. Cash distributions received on investments held in the Arrangement will be invested in additional investments of the same type unless the Holder instructs
otherwise. In the absence of satisfactory investment instructions, the Trustee will invest cash in units of IA Clarington Money Market Fund.
10. Responsibility - The Holder is responsible for: (a) selecting investments for the Arrangement and assessing the merits of those investments or for obtaining investment advice; and
(b) ensuring that the investments held in the Arrangement are qualified investments for the Arrangement under the Act. The Trustee is not responsible for any of these matters or for any
investment or tax advice that the Holder may receive from advisors.
11. Transfers -
Subject to any restrictions under this declaration, the Holder may request the Trustee to:
a) transfer directly all or any part of the property held in connection with the Arrangement, or an amount equal to its value, to another TFSA of the Holder; or
b) transfer directly all or any part of the property held in connection with the Arrangement, or an amount equal to its value, to another TFSA, the Holder of which is the Spouse of
the Holder of this Arrangement, if the following conditions are satisfied:
i. the Holder and the Spouse are living separate and apart at the time of the transfer; and
ii. the transfer is made under a decree, order or judgment of a competent tribunal, or under a written separation agreement, relating to a division of property between the
Holder and the Spouse in settlement of rights arising out of, or on the breakdown of, their marriage or common-law partnership.
The Trustee will sell or transfer specific investments of the Arrangement to effect the transfer if instructed by the Holder in writing. In the absence of satisfactory written instructions, the
Trustee may sell or transfer any investments of the Arrangement selected by it in its sole discretion to effect the transfer and will not be liable for any resulting loss. The transfer of assets
will be made subject to any restrictions under the Act or the terms and conditions of the investments of the Arrangement.
12. Distributions - The Trustee may make a payment out of the Arrangement in satisfaction of all or part of the Holder’s interest in the Arrangement.
The investment income, including capital gains, earned in this Arrangement is not taxed in accordance with the Act.
13. Death of the Holder - At and after the death of the Holder and upon receipt of satisfactory evidence of his/her death, if the Survivor acquires all of the Holder’s rights under this
Arrangement and an unconditional right to revoke any beneficiary designation, the Survivor shall become the Holder of the Arrangement.
If the Holder wants his/her Spouse to become the Holder of the Arrangement upon his/her death as provided in the Act, the Holder should consult his/her legal counsel to
take the appropriate actions.
Subject to any applicable legislation, if the Survivor does not acquire all of the Holder’s rights under this Arrangement and an unconditional right to revoke any beneficiary designation
upon receipt of satisfactory evidence of the death of the Holder, the Trustee will hold the assets of the Arrangement for payment in a lump sum and the payment will be made to the legal
representatives of the Holder.
The account shall cease to be registered as a TFSA under the Act immediately before the death of the last Holder of the Arrangement.
14. Account - The Trustee will maintain an account of the Holder’s Arrangement recording: Contributions to the Arrangement; the name, number and cost of investments purchased and sold
by the Arrangement; distributions received by the Arrangement; withdrawals, transfers and expenses paid from the Arrangement; and the balance of the Arrangement. The Trustee will send
the Holder a statement of the account at least once a year.
15. Fees and Expenses - From time to time, the Trustee may charge the Holder or the Arrangement fees for its services and expenses. The Trustee is entitled to reimbursement for all
disbursements, expenses and liabilities (including taxes, interest, penalties, brokerage fees, custodial fees, investment advisory fees, administrative fees and similar expenses) reasonably
incurred by the Trustee in connection with the Arrangement. The Holder hereby authorizes the Trustee to deduct its unpaid fees, disbursements and expenses from the assets of the Arrangement
and for this purpose authorizes the Trustee to realize sufficient assets of the Arrangement selected in its sole discretion for payment and the Trustee will not be liable for any resulting loss.
If the Arrangement becomes liable for tax, interest or penalties under the Act or similar provincial legislation, the Trustee will realize sufficient investments of the Arrangement,
selected in its sole discretion, to pay the liability and the Trustee will not be liable for any resulting loss.
16. Delegation of Duties - Without detracting in any way from the responsibility of the Trustee, the Trustee may appoint agents including, but not limited to, IA Clarington Investments
Inc., and may delegate to its agents the performance of clerical, administrative and other duties under this declaration. The Trustee may employ or engage accountants, brokers, lawyers or
others and may rely on their advice and services. The Trustee will not be liable for the acts or omissions of any of its advisors or agents. The Trustee may pay to any advisor or agent all or
part of the fees received by it under the terms of this declaration. Notwithstanding any other provision in this declaration, the Trustee acknowledges that it is ultimately responsible for the
administration of the Arrangement.
17. Liability of the Trustee - None of the Trustee, its officers, employees or agents will be liable for any loss suffered or for any taxes, interest or penalties imposed under the Act as a result
of holding or dealing with the assets of the Arrangement in accordance with instructions which it believes in good faith to have been given by the Holder or dealing with the assets of the
Arrangement in accordance with the provisions of this declaration, except with respect to taxes for which the Trustee is responsible and that cannot be attributed to assets or deducted from
them in accordance with the Act.. The Holder and his/her personal representatives under the Arrangement will at all times indemnify and save harmless the Trustee and its agents from all
taxes, assessments, expenses, liability, claims and demands arising out of the purchase, sale or retention of assets of the Arrangement or anything done in connection with the Arrangement,
other than as the result of their gross negligence or wilful misconduct. The Trustee will not be liable for any loss or penalty suffered as a result of any act done by it in reasonable reliance of
the authority of the Holder or the authority of his/her properly authorized agent or legal representatives.
18. Borrowings - The Trustee is not allowed to borrow money or other property for the purposes of the Arrangement.
19. Successor Trustee - The Trustee may resign and be discharged from all duties and liabilities under this declaration by giving the Holder thirty (30) days’ written notice. IA Clarington
Investments Inc. is nominated to appoint a successor trustee. Upon acceptance of the office of trustee of the Arrangement, the successor trustee will be trustee of the Arrangement for all
purposes as if it had been the original declarant of the Arrangement.
20. Amendments - From time to time, the Trustee may amend this declaration with the approval of the Canada Revenue Agency provided that the amendment does not disqualify the
Arrangement as a TFSA under the Act. Any amendment to ensure that the Arrangement continues to comply with the Act will be effective without notice provided that, in the Trustee’s sole
opinion, such amendment does not adversely affect the Holder rights under the Arrangement. Any other amendment will be effective not less than thirty (30) days after written notice has
been provided to the Holder.
21. Prescribed Conditions - This Arrangement complies with conditions prescribed by the Act and the regulations promulgated under the Act.
Specimen Plan TFSA 05750054 – Revised: December 21, 2015