Mortgages
¶ 11. A mortgage, or an interest therein, in respect of real property situated in Canada is a qualified investment for a plan trust. There is no requirement that the mortgage be a first mortgage or a residential mortgage. However, where the mortgagor is
a person who is an annuitant, a beneficiary or a subscriber under the plan trust, or
any other person who does not deal at arm's length with such person
the mortgage must be administered by an approved lender under the National Housing Act and insured
under the National Housing Act, or
by a corporation that offers its services to the public as an insurer of mortgages and is approved as a private insurer of mortgages.
Where an RRSP or a RRIF holds a mortgage on real property owned by the annuitant, or by a person who does not deal at arm's length with the annuitant, the registration of the plan trust may be jeopardized and/or certain benefit and penalty provisions of the Act may apply where
the amount of the mortgage interest rate and other terms do not reflect normal commercial practice; and
the mortgage is not administered by the approved lender in the same manner as a mortgage on property owned by a stranger.
¶ 12. Although real property is not a qualified investment for a plan trust, in the particular case where it is acquired as a consequence of a mortgage that is in default under which the plan trustee was the mortgagee, such a transaction will not be regarded as an acquisition of a property that is not a qualified investment if it is offered for sale under reasonable conditions and it is sold within a reasonable period of time. Except in unusual circumstances, a reasonable period would not exceed one year from the date of acquisition by the plan trust.
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发表于 2006-12-21 23:23:02
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