(c) providing us with information relevant to whether an investment held is a non-
qualified investment under the Tax Act;
(d)
ensuring that the investments held in your Plan are at all times qualified investments
for your Plan under the Tax Act and immediately notifying us if an investment held in
your Plan is or becomes a non-qualified investment for your Plan under the Tax Act.
You acknowledge and accept responsibility for these matters and undertake to act in
the best interest of your Plan. You confirm that we are not responsible for your failure
to comply with any of these matters or for any related loss in the value of your Plan. You
confirm that we are not responsible for any related taxes, interest or penalties imposed
on you or your Plan, except for those taxes, interest and penalties, if any, imposed on
us by the Tax Act that are not reimbursable to us from your Plan under the Tax Act. You
acknowledge that a Dealer or any other person from whom you obtain investment, tax
or other advice is your agent and when acting (or representing that it acts) as a Dealer
or your advisor is not our agent or the agent of any of our affiliates. You will take all
necessary measures to immediately liquidate any non-qualified investment under the
Tax Act, and in the alternative, hereby authorize us to liquidate, or to give instructions
to any other party to liquidate, any non-qualified investments under the Tax Act, but
in no event shall we be obligated to liquidate or to give instructions to liquidate except
as specifically authorized by you in writing.
5.
Our Responsibility
: We are ultimately responsible for the administration of your Plan.
We are not authorized to select investments for your Plan and will not assess the merits
of any investment selected by you or a Dealer. We are not responsible for providing any
investment, tax or other advice to you or a Dealer; nor are we responsible for any advice
that you obtain from a Dealer or any other source. Except for those taxes, interest and
penalties imposed on us by the Tax Act that are not reimbursable to us from your Plan
under the Tax Act, if any, and notwithstanding any other provision of this declaration,
we shall not be liable for any taxes, interest and penalties suffered as a result of any act
done by us in reliance on your authority, the authority of a Dealer or the authority of your
agent or legal representatives. Notwithstanding any other provision of this declaration, we
shall not be liable for any loss suffered as a result of any act done by us in reliance on your
authority, the authority of a Dealer or the authority of your agent or legal representatives.
We are under no obligation to verify that any person is properly authorized to act as your
Dealer, agent or legal representative or is otherwise authorized to act on your behalf.
6. Transfers to your Plan:
We will accept transfers to your Plan from: (a) your registered
retirement savings plan (“RRSP”) or RRIF; (b) you, if the amount transferred is described
in subparagraph 60(l)(v) of the Tax Act; (c) your spouse’s or former spouse’s RRSP or RRIF
in circumstances described in subparagraph 146.3(2)(f)(iv) of the Tax Act; or (d) any other
source permitted by the Tax Act from time to time. We may accept or for any reason refuse
to accept all or any portion of a transfer of cash, securities or other investments to your Plan.
7. Investments:
We may accept and act on any investment instructions that we believe in
good faith to be given by you or a Dealer on your behalf. The assets of your Plan will be
invested and reinvested from time to time according to your investment instructions or
those of a Dealer in securities of mutual funds managed by Mackenzie Financial Corporation
(the “Administrator”) or such other investment as we may permit from time to time. We
are not authorized to select investments for your Plan and will not assess the merits of the
investments selected by you or a Dealer. In selecting investments for your Plan, you will
not be limited to those investments authorized by legislation governing the investment
of property held in trust. However, you may be limited by policies and requirements
imposed by us from time to time, such as the requirement to provide documentation
and the requirement to comply with those policies and procedures currently imposed in
connection with securities held in your Plan and the requirement to provide information
concerning whether an investment held is a non-qualified investment under the Tax Act.
Notwithstanding any other provision in this declaration, we may for any reason refuse
to act on any investment instruction, in which case you or a Dealer will be notified, and
we will not be liable for any resulting loss. In the absence of satisfactory investment
instructions, cash received by us in connection with your Plan will be converted into
the currency denomination of your Plan and invested in units of a money market fund
managed by the Administrator. If it is necessary for cash or other assets held in your Plan
to be converted to another currency, we, our affiliate, our agent or a person engaged by
us may act as principal on our or its own behalf and not on your behalf to convert the
currency at the rate established by us or it for the relevant conversion date. In addition
to commissions that may be charged for this service, any revenue earned by us or other
service provider based on the difference between the applicable bid/ask rates and the
cost of currency will be for our account or the account of the other serviceprovider.
8. Retirement Income:
The assets of your Plan will be used to provide you with an income
that will begin on or before December 31 of the second calendar year of your Plan. In each
calendar year, the total amount of payments to you from your Plan will not be less than
the minimum amount (the Minimum Amount) required to be paid under the Tax Act. The
amount of any payment from your Plan will not exceed the value of the property of your
Plan immediately before the time of the payment. If the value of your Plan is less than $500,
we may make a payment to you from your Plan equal to the value of your Plan. Otherwise,
you may specify in writing in a form satisfactory to us, the amount and frequency of the
payments to be made during any year. You may change the amount and frequency of the
payments or request additional payments by instructing us in writing in a form satisfactory
to us. If you do not specify the amount and frequency of payments to be made in a year or
the amount that you specify is less than the Minimum Amount for a year, we will make a
payment or payments as necessary to ensure that the Minimum Amount for that year is paid
to you. We may transfer or realize any investment of your Plan selected by us for the purpose
of making a payment to you and will not be liable for any resulting loss. Payments will be
made net of all proper charges including tax required to be withheld. If your 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 requirements and conditions in respect of the foregoing.
A payment to you will be deemed to have been made when: (a) a cheque payable to you is
mailed in a postage pre-paid envelope addressed to you at the address provided on your
Application or subsequently provided by you or a Dealer in a notice to us; or (b) an amount
is electronically transferred to the credit of a bank account designated by you.
9. Calculation of the Minimum Amount:
The Minimum Amount will be zero in the first
calendar year of your Plan and for each subsequent year will be calculated in accordance
with the provisions of the Tax Act. You may elect to base the Minimum Amount on your
age or your spouse’s age. This election is binding and cannot be changed, revoked or
amended under any circumstances.
10. Transfers from your Plan:
Following receipt of satisfactory instructions from you or a
Dealer, we will transfer all or part of the assets of your Plan (less all proper charges and
any amount that we are required by the Tax Act to retain to ensure the payment of the
Minimum Amount) to the issuer or agent of the issuer of an RRSP, RRIF or life annuity that
conforms with the Tax Act, as instructed. We will not transfer the assets of your Plan to
an RRSP after December 31 of the year you reach the maximum age for maturity under an
RRSP specified by the Tax Act. If we receive instructions to transfer some of the assets of
your Plan, we may request instructions to transfer all the assets of your Plan and we may
delay the transfer until after we receive the requested instructions. If we have not received
the requested instructions within 30 days of our request or if the issuer of the recipient
plan refuses to accept the transfer of any assets of your Plan, the assets that have not
been transferred may, at our option, be transferred or paid to you (less taxes required to
be withheld and any other proper charges). We will make an effort to provide the issuer of
any recipient plan with all relevant information in our possession. We will make an effort
to sell or transfer specific investments of your Plan to effect the transfer as instructed. In
the absence of satisfactory instructions, we may sell or transfer any investments of your
Plan selected by us 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 Tax Act or the terms
and conditions of the investments of your Plan.
11. Beneficiary Designation:
If you are domiciled in a jurisdiction which by law permits you
to validly designate a beneficiary other than by Will, you may designate: (a) your spouse
as successor annuitant of your Plan; or (b) a beneficiary to receive the proceeds of your
Plan in the event of your death. You may make, change or revoke your designation by
written notice to us signed by you in a form acceptable to us. Any designation, amended
designation or revoked designation will be valid on the day following its receipt by us.
12. Death:
Upon receipt of satisfactory evidence of your death, we will continue payments
to your spouse provided he or she is the successor annuitant of your Plan. If your spouse
becomes the successor annuitant of your Plan, he or she will be deemed to be the annuitant
of your Plan with the same rights as if he or she had been the original annuitant. If your
spouse is not the successor annuitant, we will hold the assets of your Plan for payment
in a lump sum to your designated beneficiary if that person was living on the date of
your death. If you have not designated a beneficiary or if your designated beneficiary
predeceases you, the assets of your Plan will be paid to your legal representatives. The
lump sum payment will be paid subject to the deduction of all proper charges after we
receive all releases and other documents that we request.
13. Prohibition:
Except as specifically permitted under the Tax Act, no advantage that is
conditional in any way on the existence of your Plan 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, payment or transfer which is or may be an advantage, an RRSP strip or a
swap transaction under Part XI.01 of the Tax Act. Retirement income under your Plan
may not be assigned in whole or in part. The assets of your Plan may not be used as
security for a loan except as permitted by us. 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, an RRSP 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.
14. Date of Birth and Social Insurance Number:
The statement of your and, if applicable,
your spouse’s birth date and social insurance number on your Application is deemed to
be a certification of its truth and your undertaking to provide proof if requested by us.
15. Accounting and Reporting:
We will maintain an account of your Plan reflecting, with
appropriate dates: (a) transfers to your Plan; (b) the name, number and cost of investments
purchased or sold by your Plan; (c) distributions received by your Plan; (d) cash; (e)
withdrawals, transfers and expenses paid from your Plan; (f) the balance of your account;
and (g) the minimum and maximum amount that may be paid out of your Plan. We will
send you a statement of your account at least once a year. Before April of each year, we
will provide any applicable tax reporting required to be filed with your personal income
tax return for the previous year.
16. Fees and expenses:
We may charge you or your Plan fees as published by us or the
Administrator from time to time. We will give you at least 30 days notice of any change
in our account fees. In addition, we are entitled to charge your Plan fees for out-of-the-
ordinary services requested by you or a Dealer in connection with your Plan and we are
entitled to reimbursement from your Plan for all disbursements, expenses and liabilities
incurred by us in connection with your Plan except for those taxes, interest and penalties
imposed on us by the Tax Act that are not reimbursable to us from your Plan under the
Tax Act. 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 your 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 your Plan except for those taxes, interest
and penalties imposed on us by the Tax Act that are not reimbursable to us from your Plan
under the Tax Act. We are entitled to deduct the unpaid fees, disbursements, expenses
and liabilities from the assets of your Plan or, except where prohibited by the Tax Act,