with using an interest or right in the Arrangement as security for a loan or other indebtedness,
they will not apply.
14.
No borrowing: The trust governed by the Arrangement is prohibited from borrowing money or other
property for the purposes of the Arrangement.
15.
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 Arrangement 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, payment or transfer which is or may be an advantage or a
swap transaction under Part XI.01 of the Tax Act. Your interest or right in your Arrangement may not be
used as security for a loan or other indebtedness except as provided in Section 13 hereof. We will not
make any payments from your Arrangement 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 swap transaction under the Tax Act, or
such other payment or transfer which is or may be prohibited or penalized under the Tax Act.
16.
Date of Birth and Social Insurance Number: The statement of your 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.
17.
We will maintain an account of your Arrangement reflecting, with appropriate dates: (a)
contributions to your Arrangement; (b) the name, number and cost of investments purchased or sold by
your Arrangement; (c) income and other amounts received by your Arrangement; (d) cash; (e) distributions,
transfers and expenses paid from your Arrangement; and (f) the balance of your account. We will send
you a statement of your account at least once a year. Within the time prescribed by the Tax Act, we will
provide any applicable tax reporting.
18.
Fees and expenses: We may charge you or your Arrangement 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 Arrangement fees for out-of-the-ordinary services requested by you or a
Dealer in connection with your Arrangement and we are entitled to reimbursement from your Arrangement
for all disbursements, expenses and liabilities incurred by us in connection with your Arrangement
except for those taxes, interest and penalties imposed on us by the Tax Act that are not reimbursable
to us from your Arrangement 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
Arrangement; 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 Arrangement except for those taxes, interest and penalties imposed on us by the Tax
Act that are not reimbursable to us from your Arrangement under the Tax Act. We are entitled to deduct
the unpaid fees, disbursements, expenses and liabilities from the assets of your Arrangement or, except
where prohibited by the Tax Act, 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 your Arrangement or such
other account selected by us. We will not be responsible for any resulting loss. Except where prohibited
by the Tax Act and notwithstanding any other provision of this declaration, we are entitled to deduct
from any other account held by you with us or any of our affiliates those taxes, interest and penalties
imposed on us by the Tax Act that are not reimbursable to us from your Arrangement under the Tax Act.
19.
Taxes imposed on you or your Arrangement: If your Arrangement becomes liable for tax, interest or
penalties under the Tax Act or provincial legislation, we may sell any investment of your Arrangement
to pay the liability. We may, but are not obliged to, sell or otherwise dispose of any investment of your
Arrangement to avoid or minimize the imposition of tax, interest or penalties on you or your Arrangement.
Except for those taxes, interest and penalties imposed on us by the Tax Act that are not reimbursable to
us from your Arrangement under the Tax Act, if any, we will not be liable for any tax, interest or penalty
imposed on you or your Arrangement. We will not be liable for any loss resulting from the disposition
or failure to dispose of any investment held by your Arrangement.
20.
Delegation of Duties: We may appoint agents (including our affiliates) and may delegate to our agents
the performance of any of our duties or responsibilities under this declaration including but not limited
to administrative duties such as accepting contributions to your Arrangement, executing investment
instructions, safekeeping the assets of your Arrangement, account and record keeping, preparing
and issuing statements and tax forms, communicating with you, a Dealer or legal representatives and
responding to your or their concerns. We may also employ or engage accountants, brokers, lawyers or
others and 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. We may pay to any agent, advisor, service provider
or Dealer and the Administrator may pay to us all or part of the fees received by us under the provisions
of this declaration and/or a fee calculated by reference to currency converted in your Arrangement.
21.
Indemnity: None of us, our officers, employees, the Administrator and other agents will be liable for and
are indemnified by you and your Arrangement from and against all expenses, liabilities, claims, losses
and demands of any nature arising out of the holding of the assets of your Arrangement; the dealing
with the assets of your Arrangement 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 your Arrangement in accordance with
this declaration.
22.
Amendments: From time to time, we may amend this declaration with the approval of the appropriate
revenue authorities provided that the amendment does not disqualify your Arrangement as a TFSA
under the Tax Act or other legislation. Any amendment to ensure that your Arrangement 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.
23.
Successor Trustee: We may resign and be discharged from all duties and liabilities under this declaration
by giving written notice to the Administrator. The Administrator is initially nominated to appoint a
successor trustee. If the Administrator is unable to appoint a successor trustee of your Arrangement within
30 days’ of being appointed, then we may nominate you to appoint a successor trustee by providing
notice to you. Upon acceptance of the office of trustee of your Arrangement, the successor trustee will
be trustee of your Arrangement as if it had been the original declarant of your Arrangement and your
Arrangement continues in full force and effect with the successor trustee. At the time of the appointment
of the successor trustee, we will be relieved of all duties and liabilities under this declaration. If you are
unable to appoint a successor trustee who accepts the office of trustee of your Arrangement within 60
days’ of you being nominated to appoint a successor trustee, the assets of your Arrangement net of all
proper charges will be withdrawn from your Arrangement and transferred to you and we will be relieved
of all duties and liabilities under this declaration.
24. Notice to you: Any notice, request or other communication required or permitted to be given to you 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 you at the address provided on your Application or
subsequently provided by you or a Dealer in a notice to us. For greater certainty, we are not responsible for
verif ying the accuracy or currency of any address provided to us. Any notice, request or other communication
will be deemed to have been given to you and received by you on the day of mailing or transmission.
25.
Notice to us: Except as other wise provided in this declaration, 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 the Administrator by pre-paid mail, courier
or telecopier addressed to us or the Administrator at the address for the Administrator last provided to
you. We are permitted but not obliged to accept and act on a 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 the Administrator.
26.
Language: You have requested that your Application, this declaration and all ancillary documents
be provided to you in English. Vous avez exigé que votre demande, la présente déclaration et tous les
documents accessoires vous soient fournis en anglais.
27.
Governing Laws: This declaration will be governed, construed and enforced in accordance with the
laws of Ontario and Canada except that the word “spouse” as used in this declaration refers to a person
recognized as your spouse or common-law partner for the purposes of the Tax Act.
28.
Specimen Plan: TFSA 04170015.
Date: March 2012
Privacy Protection Notice
Mackenzie Financial Corporation (referred to in this Notice as “we”, “us”, “our”, and “Mackenzie”) has
always been committed to protecting the privacy of personal information that we collect and maintain in
the course of carrying on our business. This Notice describes how we collect, hold, use, and disclose your
personal information. Please read this Notice and contact us through any of the means listed at the end
of the document if you have any questions.
Members of the Mackenzie Group of Companies include any affiliates or successor companies of Mackenzie
whose business relates to a purpose identified in this Notice.
In this Notice, your “Dealer” refers to an individual or entity acting or representing that it acts in connection
with your investments as your investment advisor, broker, or dealer, or on behalf of your investment advisor,
broker, or dealer. By applying for one of our products or services, you acknowledge and agree that your
Dealer is your agent and not our agent. We are entitled to accept and act on any notice, authorization, or
other communication that we believe in good faith to be given by you or your Dealer on your behalf. We
are under no obligation to verify that your Dealer is properly authorized to act as your agent or is otherwise
authorized to act on your behalf.
1. Client Record and Personal Information: We hold the personal information we collect about you (and
your spouse and/or beneficiary as applicable) for the purposes identified in this Notice in a record called
the “client record”. Depending on the investment or service you request, the personal information in
your client record may include your name, address, telephone number, social insurance number (“SIN”),
birth date, account holdings, and the name, address, and SIN of your spouse and/or beneficiary among
other information. For example, if you have established a pre-authorized payment plan, your financial
institution account number is also held in your client record. Where you provide personal information
about another individual, you represent to us that you are authorized to disclose such information to us.
2. Providing Your Personal Information to Us: When you or your Dealer complete an application form
or otherwise open an account with Mackenzie, you are providing personal information to Mackenzie,
including, where applicable, personal information concerning your spouse and/or beneficiary, in order to:
A.
make an investment;
B.
provide instructions about an investment you have made; or
C.
receive information related to an investment you have made.
Mackenzie collects this personal information, holds it in your client record, uses it, and discloses it for
the purposes identified in this Notice.
3. Collecting, Holding, Using, and Disclosing Personal Information in Your Client Record: Mackenzie
may collect, hold, and use the personal information in your client record as well as collect personal
information from and disclose personal information to the third parties identified in paragraph 4 for
the following purposes:
A.
identifying you and ensuring the accuracy of information contained in your client record;
B.
establishing and administering your account, determining, maintaining, recording, and storing
account holdings and transaction information in your client record;
C.
executing transactions with or through Mackenzie including transferring funds by electronic or
other means;
D.
providing you and your Dealer with account statements, transaction confirmations, tax receipts,
financial statements, proxy mailings, registered plan notices, and other information which you
or your Dealer may request as needed to service your account;
E.
verifying information previously given by you with any other organization when necessary for
the purposes provided in this Notice;
F.
processing pre-authorized debit transactions;
G.
collecting a debt owed to Mackenzie;
H.
engaging in the financing or sale of all or part of our businesses, reorganizing our businesses,
and obtaining and submitting insurance claims; and
I.
meeting legal and regulatory requirements.