(a) the Beneficiary has a severe and prolonged mental impairment that prevents, or can
reasonably be expected to prevent, the Beneficiary from enrolling in a Qualifying
Educational Program at a Post-Secondary Educational Institution; or
(b)
the payment is made after the 9th year that follows the year in which the Plan was
entered into and each current or former Beneficiary under the Plan has attained 21 years
of age before the payment is made and is not, when the payment is made, eligible to
receive an Educational Assistance Payment; or
(c)
the payment is made in the year of the Plan Termination Date.
18.
Payments to Designated Educational Institution
. One or more payments will be made (less
all proper charges) from the Plan to or to a trust in favour of the Designated Educational
Institution designated by you but only to the extent permitted by the Tax Act, the CESA and
other applicable legislation and provided that Mackenzie received satisfactory instructions
from you or a Dealer and all Beneficiaries are deceased or ineligible to receive Educational
Assistance Payments.
19.
Payments from the Plan
. Before each payment is made from the Plan, you may be required
to provide information and evidence satisfactory to Mackenzie confirming that the payment
is permitted under this contract, the Tax Act, the CESA and other applicable legislation. The
decision of Mackenzie as to whether a payment is permitted will be final and binding on
you and the Beneficiaries. In the absence of satisfactory instructions from you or a Dealer,
Mackenzie may sell or transfer investments of the Plan selected by it for the purpose of
making a payment from the Plan and will not be liable for any resulting loss. Payments from
the Plan will be made net of all proper charges including tax required to be withheld and
expenses incurred by the Plan upon the sale or transfer of investments. If the Plan does not
have sufficient cash to pay these charges, we will be entitled to require you to pay these
charges. We may impose any other reasonable requirements and conditions in respect of
payments from the Plan. A payment from the Plan will be deemed to have been made when:
(a) a cheque payable to the recipient is mailed in a postage pre-paid envelope addressed to
the recipient at the last known address for the recipient; or (b) an amount is electronically
transferred to the credit of a bank account for the recipient.
20.
Termination of the Plan
. All of the assets of the Plan must be paid from the Plan in accordance
with this contract on or before December 31 of the 35th year following the year in which the
Plan was established or deemed to be established unless the Beneficiary has a Disability
and the Plan is a specified plan, as defined under the Act, in which case the assets of the
Plan must be paid from the Plan in accordance with this contract on or before December
31 of the 40th year following the year in which the Plan was established or deemed to be
established. If the value of the Plan is less than $500, we may terminate the Plan. Unless we
receive satisfactory instructions from you before the termination of the Plan, the maximum
amount permitted by the Tax Act and the CESA will be paid to you less all proper charges.
Any assets remaining in the Plan will be paid to the Designated Educational Institution last
designated by you or in the absence of a designation, to a Designated Educational Institution
selected by IGFS.
21.
Truth of Information and Undertaking
. You warrant that all information on the Application or
subsequently provided by you, a Dealer or other person to Mackenzie (whether it relates to
you, a Beneficiary, a Beneficiary’s parents or guardians, or another) is true and accurate and
undertake to provide proof thereof if requested by us. You acknowledge that we are relying
on the truth and accuracy of the information provided by you, a Dealer or other person. You
undertake to provide all information and documentation relating to you, the Beneficiaries
and the Beneficiaries’ parents or guardians as may reasonably be requested by Mackenzie
in connection with the administration of the Plan and the application for a Grant on behalf
of the Plan. You undertake to notify Mackenzie of any change in the information provided
by you, a Dealer or other person.
22.
Prohibition
. Except as specifically permitted under the Tax Act, no benefit, loan or indebtedness,
that is conditional in any way on the existence of your Plan or other advantage within the
meaning of the Tax Act may be extended to you or a person with whom you do not deal
at arm’s length. You may not engage in any transaction, investment (including prohibited
investments), payment or transfer which is or may be an advantage, an registered plan strip
or a swap transaction under Part XI.01 of the Tax Act. We will not make any payments from
your Plan except those specifically permitted under the provisions of this declaration or the Tax
Act or required by law. We reserve the right to prohibit any transaction, investment, payment
or transfer, whether an advantage or a registered plan strip or a swap transaction under the
Tax Act, or such other payment or transfer which is or may be prohibited or penalized under
the Tax Act.
23.
Account and Statements
. Mackenzie will maintain an account of the Plan reflecting, with
appropriate dates, Contributions and transfers to the Plan; Grants received by the Plan; the
description, number and cost of the investments acquired or disposed of by the Plan; and
expenses, transfers, Grant repayments and other payments from the Plan. Mackenzie will
provide you with a statement of the account at least annually.
24.
Fees and Expenses
. Mackenzie may charge you or the Plan fees as published by it from time
to time. Mackenzie will give you at least 30 days’ notice of any change in its account fees. In
addition, Mackenzie is entitled to charge the Plan fees for out-of-the-ordinar y services requested
by you or a Dealer in connection with the Plan and is entitled to reimbursement from the Plan
for all disbursements, expenses and liabilities incurred by either of us in connection with the
Plan. Without limiting the generality of the foregoing, these fees, disbursements, expenses
and liabilities may include: brokerage fees and commissions, custodian fees, administration
fees and redemption fees incurred in connection with investments held in the Plan; investment
advisory fees paid to a Dealer; legal and accounting fees; fees in connection with financial
arrangements made to facilitate the conversion of currency; and taxes, interest and penalties
imposed on the Plan. Mackenzie is entitled to deduct the unpaid fees, disbursements, expenses
and liabilities from the assets of the Plan or any other account held by you with us or any
of our affiliates and for this purpose we are authorized but not obliged to realize sufficient
assets of the Plan selected by Mackenzie. We are not responsible for any resulting loss.
25.
Tax Imposed on you or the Plan
: If the Plan becomes liable for tax, interest or penalties under
the Tax Act or provincial legislation, the Trustee may sell any investment of the Plan to pay the
liability. The Trustee may, but is not obliged to, sell or otherwise dispose of any investment of
the Plan to avoid or minimize the imposition of tax, interest or penalties on you or the Plan.
We will not be liable for any tax, interest or penalty imposed on you or the Plan or for any
loss resulting from the disposition or failure to dispose of any investment held by the Plan.
26.
Delegation of Duties
. Each of us may appoint agents (including our affiliates) and may
delegate to our agents the performance of any of our duties or responsibilities under this
contract including but not limited to administrative duties such as accepting Contributions to
the Plan, executing investment instructions, safekeeping the assets of the Plan, account and
record keeping, preparing and issuing statements and tax receipts, communicating with you,
a Dealer or legal representatives and responding to your or their concerns. Each of us may
employ or engage accountants, brokers, lawyers or others and we may rely on their advice
and services. We will not be liable for the acts or omissions of any of our agents, advisors or
service providers and will not be liable for the acts or omissions of a Dealer or any of your
other agents, advisors or service providers. Mackenzie may pay to the Trustee, any agent,
advisor, service provider or Dealer all or part of the fees received by it under the provisions
of this contract and/or a fee calculated by reference to currency converted in the Plan.
27.
Indemnity
. None of us, our officers, employees and agents will be liable for and are indemnified
by you and the Plan from and against all expenses, liabilities, claims, losses and demands of
any nature arising out of the holding of the assets of the Plan; the dealing with the assets of
the Plan in accordance with instructions which we, our officers, employees or agents believe
in good faith to be given by you or a Dealer or other agent; making financial arrangements
to settle trades; and the sale, transfer or release of assets of the Plan in accordance with this
contract, unless caused by or resulting from our dishonesty, bad faith, willful misconduct or
gross negligence.
28.
Amendments
. From time to time, Mackenzie may amend this contract with the approval of
the Trustee and the CRA provided that the amendment does not disqualify the Plan as an
RESP under the Tax Act. Any amendment to ensure that the Plan continues to comply with
the Tax Act or other legislation will be effective without notice. Any other amendment will
be effective not less than 30 days’ after notice has been provided to you.
29.
Assignment by Subscriber
. If you are a Public Primary Caregiver, you may assign your interest
in this contract to an individual or another Public Primary Caregiver who has agreed in writing
to acquire your interest. If you are an individual, you may assign your interest in this contract
to your spouse, common law partner, former spouse or former common law partner (as
recognized by the Tax Act) following a relationship breakdown to effect a division of property
pursuant to marital property legislation. An assignment will not be effective until an executed
copy of the assignment has been delivered to Mackenzie. The assignor will have no rights or
entitlements as subscriber under the Plan after the effective date of the assignment.
30.
Assignment by Mackenzie
. Mackenzie may assign its rights and obligations under this contract
to any corporation resident in Canada, provided that the assignee corporation executes any
agreement which is necessary or advisable for the purposes of assuming the rights and
obligations under this contract and further provided that an assignment of this contract
may not be made without prior written consent of the Trustee, which consent may not be
unreasonably withheld.
31.
Successor Trustee
. The Trustee may resign and be discharged from all duties and liabilities
under this contract by giving written notice to Mackenzie who is initially nominated to appoint
a company as successor trustee. If the company appointed by Mackenzie does not accept
the office of trustee under the Plan within 30 days’ of being appointed, then Mackenzie may
nominate you to appoint a successor trustee by providing notice to you. Upon acceptance of
the office of trustee of the Plan, the successor trustee will be trustee of the Plan as if it had
been the original declarant of the Plan and the Plan continues in full force and effect with
the successor trustee. At the time of the appointment of the successor trustee, the Trustee
will be relieved of all duties and liabilities under this contract. If you are unable to appoint
a successor trustee who accepts the office of trustee under the Plan within 60 days’ of you
being nominated to appoint a successor trustee, the Plan will be terminated.
32.
Notice to you
. Any notice, request or other communication required or permitted to be given
to a person by us must be in writing and will be sufficiently given if it is sent by pre-paid mail,
telecopier, electronic mail or other form of electronic transmission addressed to the person
at the address provided for that person on the Application or subsequently provided by you
or a Dealer in a notice to us. For greater certainty, we are not responsible for verifying the
accuracy or currency of any address provided to us. Any notice, request or other communication
will be deemed to have been given to and received by the person on the day of mailing or
transmission.
33.
Notice to us
. Except as otherwise provided in this contract, any notice, request or other
communication required or permitted to be given to us by you or a Dealer must be in writing
and will be sufficiently given if it is in a form satisfactory to us and is received by Mackenzie
by pre-paid mail, courier, or telecopier addressed to “Mackenzie Financial Corporation” at the
address for Mackenzie last provided to you. We are permitted but not obliged to accept and
act on any notice, request or other communication given to us by you or a Dealer by internet,
electronic transmission or telephone. We may for any reason refuse to act on any notice,
request or other communication given to us by you or a Dealer and we will not be responsible
for any resulting loss. Any notice, request or other communication given to us will be deemed
to have been given to us and received by us at the time of actual receipt by Mackenzie.
34.
Heirs, Executors and Assigns
. The terms of this contract and the trust established by this
contract will be binding on your heirs, executors, administrators, permitted assigns and any
person who makes Contributions to the Plan in respect of a Beneficiary following your death.
The terms of this contract and the trust established by this contract will be binding on our
successors and assigns.
35.
Interpretation
. Words importing the singular include the plural and vice versa and words
importing the masculine gender include the feminine and neuter genders. This contract will be
constructed, administered and enforced in accordance with the laws of Canada and Ontario.
36.
Family Specimen Plan
: RESP 1005002.
Revised: January 2014