
AMENDMENTS
PROPOSED TO RESIDENTIAL TENANCIES ACT
(Apr.
6/10) Finance Minister Greg Selinger introduced proposed amendments
to Manitoba's Residential Tenancies Act which include provisions
which would allow landlords to request a pet deposit.
"By
allowing a landlord to collect a separate pet damage deposit,
we are hoping more landlords will permit pets," said
Selinger. "The pet deposit would act as a damage deposit
specific to any damage to a rental property caused by a pet."
Landlords
in Manitoba are not required to accept pets but, if they choose
to do so, they would be entitled to collect a pet damage deposit
of one half month's rent in addition to the existing security
deposit.
Other
proposed amendments would give the director of the Residential
Tenancies Branch authority to:
- Deal
with tenancy agreements under which services such as meals,
laundry or housekeeping services are provided by the landlord
for a separate charge in addition to rent. Proposals include
requiring a standard tenancy agreement be used which would
set out the tenant services provided, written notice for any
increase in the charge for tenant services and a process for
dealing with claims against the tenant services security deposit.
- Determine
claims by landlords against guarantors where a tenant has
defaulted in their obligation under a tenancy agreement such
as paying rent.
- Impose
administrative penalties on landlords and tenants for failing
to comply with orders made under
specified sections of the act or contravening those sections,
such as a landlord's duty not to withhold vital services and
a tenant's duty not to impair the safety of others in the
building.
"We
are pleased to introduce additional protections for seniors.
Hospitality services such as meals, laundry and housekeeping
will now be covered by the act. If landlords want to increase
the rates charged for these services or withdraw or reduce
services, they will now have to adhere to the conditions under
the Residential Tenancies Act such as providing notice and
opportunities for appeals," said Selinger.
In addition,
to streamlining hearings before the Residential Tenancies
Commission on appeal, the amendment would give authority for
certain matters to be heard by the chief commissioner or a
deputy chief commissioner instead of a panel of three commissioners.
The bill
can be seen at www.manitoba.ca/rtb
...........................................................
PROVINCE
OVERHAULS PENSION BENEFITS ACT
Most
Significant Changes in 35 Years Would Secure Manitobans' Pensions
into the Future: Howard
(Mar.
26/10) Meeting the needs of today's workforce with improved
security, flexibility and greater transparency of pension
plans is part of a revised Pension Benefits Act and regulations,
Labour and Immigration Minister Jennifer Howard announced
today.
"Manitobans
will have one of the strongest pension systems in Canada,
well ahead of changes being proposed in other jurisdictions,"
said Howard. "We want Manitobans to know these
changes are about your money, your future and your voice."
These
changes would represent the most significant overhaul of the
Pension Benefits Act in 35 years, providing Manitoba workers
with a strengthened, modernized act and regulations, the minister
said. The new regulations under the Pension Benefits Act will
focus on:
·
responding to changes in today's workforce,
· greater accountability, and
· security for pensions into the future.
The new
provisions would recognize and be better suited to the realities
of today's workforce with employees changing jobs more often,
increased interest by workers in managing their retirement
funds and employers' desire to retain experienced workers,
the minister said. Proposed changes:
·
From the day employees join the plan, they will be entitled
to the pension benefits they earn under the plan rather than
having to wait up to two years. Workers staying in their
jobs past the age of 65 and choosing to defer receiving their
pension would see their benefits increase when they do retire.
·
Plans would no longer be able to apply excessive pension reductions
when workers retire early.
·
Workers nearing retirement would be able to work reduced hours
and continue pension contributions while collecting partial
pension benefits. This phased retirement would support workforce
renewal and mentoring; and,
·
Pension plans can offer members options to buy flexible benefits
such as enriched early retirement benefits and cost-of-living
adjustments.
Increasing
accountability, expanding reporting requirements and ensuring
input from pension plan members and retirees in the management
of plans would provide increased transparency, Howard said.
For example:
·
For most plans with 50 members or more, workers and retirees
would have representatives on newly required pension committees
providing members with greater input into pension plan administration.
·
A new provision would allow members and employers to decide
how to distribute the surplus.
Measures
are being taken to bring greater security to pension benefits
now and in the future, the minister said.
·
Spouses or common-law partners of deceased pension plan members
would be allowed to waive entitlements to payments, allowing
others such as children to receive the funds.
·
A number of new provisions would bring clarity and greater
equity to calculating the amount of pension available to spouses
or common-law partners after a relationship breakdown and
Manitoba will now recognize court orders from other provinces.
·
Employers opting to temporarily cease making contributions
into plans would have to maintain a minimum surplus of five
per cent of plan liabilities.
·
Employer contributions would be required to be made monthly
instead of quarterly, improving the financial position of
plans.
Manitoba
has the second-highest pension plan coverage in Canada with
46 percent of the paid labour force participating while the
national average is only 39 percent. Manitoba is the only
province to require that all employees belong to a pension
plan, when one is offered.
"Working
Manitobans and those planning for retirement will see greater
flexibility and protection of pension plans and that their
views from previous consultation have been heard," said
Howard.
For more
information on Manitoba's Pension Benefits Act and regulation
go to www.gov.mb.ca/labour/pension/
...........................................................
PROVINCE
SEEKS PUBLIC INPUT
ON CANADA'S RETIREMENT INCOME SYSTEM
Manitobans
Encouraged to Participate in Consultation Process: Wowchuk
(Mar.
25/10) Residents of Manitoba are being asked to provide input
on ways to strengthen Canada's retirement income system by
participating in a consultation process over the next month,
Finance Minister Rosann Wowchuk announced today.
Research
commissioned for the finance ministers' review of pension
coverage and retirement income adequacy indicates many workers
who don't have access to employer-sponsored pension plans
or who don't have sufficient personal savings will not have
adequate retirement income in the future.
"Our
government wants to be a part of the solution and we are looking
to Manitobans to share their ideas on
how the system can be improved,"
said Wowchuk.
The minister
said Manitobans are welcome to share their views by responding
to the consultation paper by mail or email. The paper
asks a variety of questions on how best to address challenges
with Canada's retirement income system.
The paper
also presents and is looking for comments and opinions on
a number of ideas including:
·
expansion of the existing Canada Pension Plan;
· creation of a voluntary, defined-
contribution supplement to the CPP;
· modernization of pension standards to improve flexibility
in pension plan design;
· tax reform changes to the Income Tax Act (Canada);
and
· a blend of measures , combining some or all of the
above.
The minister
noted this paper is being presented for public feedback to
help stimulate public discussion. Results of the consultation
will help to inform discussions at the next federal, provincial
and territorial finance ministers meeting in May.
More information
on how to participate in the consultation process and to access
the paper is available at www.gov.mb.ca/finance/index.html.
If you do not have access to the Internet, call 204-945-3757
to request a copy.
All responses must be submitted to the provincial government
by April 30 by email to feedbackfin@gov.mb.ca
or delivered to Minister of Finance, c/o Intergovernmental
Finance Branch, Fiscal Research Division, Manitoba Finance,
910 386 Broadway, Winnipeg MB R3C 3R6.
..........................................................
MANITOBA
CONSUMERS' BUREAU ISSUES ALERT
(Mar.
30/10) The Manitoba Consumers' Bureau advises the public and
businesses to be aware that Y.E.P. Youth Employment Program
is no longer licensed as a direct seller in Manitoba. Y.E.P.
Youth Employment Program hires young people to sell candy
products, usually at shopping malls or outside large retailers,
but the company is not licensed effective March 26.
The Consumer
Protection Act requires any company or individual selling
goods and services directly to consumers to be licensed. The
bureau places important conditions on the licence of a business
that employs young workers to direct sell. These conditions
have been developed by the bureau in co-operation with the
Workplace Safety and Health Division and the Employment Standards
Division of Manitoba Labour and Immigration and are intended
to protect young people. In addition, all direct sellers must
comply with legislation and must not engage in deceptive practices
or make misleading statements.
Retailers
are asked to check with the Consumers' Bureau before permitting
any type of direct selling on their property. Consumers should
also confirm that a direct seller is properly licensed before
making a purchase.
To find
out if a business needs to be licensed and is properly licensed,
to make a complaint or to get more
information, contact the Consumers' Bureau at 204-945-3800,
1-800-782-0067 (toll-free) or by email
at consumersbureau@gov.mb.ca.
To obtain
information on the protections that are in place for young
workers, contact the Workplace Safety and Health Division
at 945-6848 or toll-free at 1-800-282-8069, and the Employment
Standards Division at 945-3352 or toll-free
at 1-800-821-4307.
(Read
more in the Apr
12-May 2/2010
issue of Senior Scope)
Financial
Planning Solutions
The
Tax Planned Will
Creating Tax Savings for Your Spouse
and the Next Generation
BRIAN G. KONRAD CFP, Financial
Consultant
Lawyers
and notaries often recommend the creation of trusts within
wills for reasons that do not relate to tax. Common scenarios
include the management of property for young beneficiaries
or the disabled, or for a spouse where there is a desire to
preserve the capital for the next generation. While these
are all valid reasons for the creation of trusts, the tax
savings opportunities of
testamentary trusts are often overlooked.
First
a little background
A trust
is a legal relationship under which a person, referred to
in trust jargon as the settlor, gives up ownership
of property and transfers control over the property to a trustee,
or group of trustees, who manage the property for the benefit
of other persons, called the beneficiaries. When
a trust is referred to as a testamentary trust, it means control
over the property was transferred to the trustees as a consequence
of the death of the settlor.
This is
in contrast to an inter vivos trust, where the transfer of
property is made during the life-time of the settlor. The
terms of a testamentary trust are most commonly documented
within the will of the settlor. However, outside of Quebec,
a testamentary trust can also be created under the terms of
an insurance beneficiary declaration made separate from the
settlors will for the purpose of receiving proceeds
payable under life insurance policies. The distinction between
inter vivos trusts and testamentary trusts is important for
reasons of taxation. While the undistributed annual income
of an inter vivos trust is taxed at the top personal rate
(top personal tax rates range from a low of 39% in Alberta
to a high of 48.2% in Québec)*, testamentary trusts
benefit from the same graduated rates of tax as individuals.
The ability to create a separate taxpayer in the form of a
trust, with access to its own graduated rates, is a significant
tax planning opportunity.
Example
of tax savings
Lets
first examine how a testamentary trust can save tax for a
surviving spouse:
George
is a retired businessman who earns an annual income of $50,000
from his non-registered investments. His spouse, Ellen, is
a retired teacher who earns approximately the same amount
as George each year from her pensions and registered retirement
income fund (RRIF). Both Ellen and George are over the age
of 65 and qualify for Old Age Security (OAS) and Canada Pension
Plan (CPP)/Quebec Pension Plan (QPP). Their continued on next
page combined after-tax income is $99,345, calculated as follows:
Investment
Income
(George) $50,000
Pension
Income
(Ellen) $50,000
CPP/QPP
($10,313 each) $20,626
Old Age
Security
($5,903 each) $11,806
Total Income
$132,433
Combined Tax
(Federal & Ontario)* (31,901)
Combined
After-tax Income $100,532
Now
lets assume that Ellen is a widow and, like most married
Canadians, George had left his entire estate directly to his
surviving spouse. In these circumstances Ellens after-tax
income would be $75,664, calculated as follows:
Investment Income $50,000
Pension Income $50,000
CPP/QPP $10,365
Old Age Security $5,903
Total
Income $116,268
Combined Tax &
Repayment of OAS* (39,935)
After-tax
Income $75,333
In comparison
to their combined after-tax income while George was still
living, Ellens after-tax income
has dropped by $24,199. Only $5,903 of this reduction is accounted
for by the loss of Georges Old Age Security. The rest
is the result of two factors; 1) the increased taxes payable
when all family income is reported in the hands of one spouse;
and 2) Ellens tax bill is more than $7,300 higher than
their combined family tax bill when George was still living.
In Canada,
Old Age Security is reduced at the rate of 15% for every dollar
of income in excess of $63,511*, resulting in a total repayment
of Old Age Security when income levels reach approximately
$103,000. When Old Age Security is taken into account, seniors
with income in excess of $63,511 are subject to the highest
rates of taxation in Canada. In this example, Ellen pays tax
on her income between $63,511 and $103,000 at an effective
marginal rate in excess of 49%.
What
could George have done differently?
Lets
assume that, instead of leaving his estate directly to Ellen,
George created a trust for Ellen under his Will. The trust
would provide Ellen with a right to all income generated by
the trusts investments and the trustees would have the
power to access the trusts capital for Ellens
benefit. Ellen could even be one of the trustees involved
in the trusts management.
So how
would such an arrangement benefit Ellen? As a trust created
under Georges Will would be a testamentary trust, an
opportunity exists to income split. Ellen would receive all
of the trusts income to use as she sees fit, but an
Income Tax Act election can be made allowing the trust to
retain responsibility for reporting the income. Lets
return to our example to highlight the benefit of such an
income splitting strategy.
Investment
Income
(Reported By Trust) $50,000
Pension
Income
(reported by Ellen) $50,000
CPP/QPP $10,365
Old Age
Security
(reported by Ellen) $5,903
Total Income
$116,268
Total Tax* (28,433)
After-tax
Income $87,835
For
Ellen, the tax savings would amount to $11,502 annually. Even
after paying some additional fees for the preparation of a
trust tax return, many would view the tax savings as significant.
If the assets from Georges estate produced a higher
level of income, the savings would be greater.
What
about the next generation?
High tax
bracket children can also benefit from this income splitting
strategy. Receiving their inheritance indirectly through a
testamentary trust can give a high tax bracket beneficiary
the ability to generate a higher level of after-tax income.
Separate trusts can be created under a parents will
for each child and his or her respective family. Discretion
is usually given to the trustees over the distribution of
income among family members. Annual income can be distributed
to the high-tax bracket beneficiary for his or her own use,
but the income can be taxed at lower rates within the trust.
Alternatively, when income can be used to benefit a person
with little or no income of their own (such as a beneficiary
of school age or university age) it may be preferable to have
the income reported in the hands of the beneficiary. This
will allow for the utilization of the beneficiarys basic
personal tax credit, which shelters the first $9,039 of income
from federal tax*.
The tax
efficiency of a trust can be further enhanced if the trusts
investments produce eligible dividend income earned
from Canadian corporations. Where trust income is used to
assist a beneficiary with no other income, such a beneficiary
can receive up to $66,420 in dividend income before having
to pay federal income tax (although in most provinces some
provincial tax will be payable beginning at lower income levels).
Who
should consider the tax planned will?
Anyone
who has accumulated wealth in the form of non-registered assets
should consider this strategy. Such assets could include,
but would not be limited to, real estate, stocks, bonds, mutual
funds and shares in
private corporations. Also take into consideration the proceeds
of any life insurance policies that will be payable on death.
Very often retired business owners and farmers are good candidates,
but by no means is the strategy restricted by occupational
background. From a tax standpoint, the decision to utilize
a testamentary trust turns as much on the income that can
be generated from the trusts assets, as it does on the
underlying value of the assets. If the potential beneficiary
is a surviving spouse, the major limitation relates to Registered
Retirement Savings Plans (RRSPs), Registered Retirement Income
Funds (RRIFs) and other forms of registered accounts. With
these types of accounts, significant tax deferral will be
lost if, on your death, the accounts are not transferred to
your spouse in their registered form. In the event you have
no surviving spouse, directing registered accounts through
your will to a testamentary trust can still be good tax planning.
First
steps
To determine
whether this strategy makes sense in your situation, you need
to first arrive at a reasonable projection of the after-tax
value of your estate and the income it can be expected to
generate. With this information in hand, an estimate can be
made of the potential tax savings that can be achieved for
your heirs through a tax planned will. These type of projections
are best done by your financial advisor in consultation with
your accountant where necessary. Please do not hesitate to
contact us if you would like to discuss your particular situation
and to determine how a tax planned will can assist
your family.
__________________
BRIAN
G. KONRAD CFP
Financial Consultant
brian.konrad2@investorsgroup.com
(204) 489-4640 ext. 246
100-1345 WAVERLEY STREET
WINNIPEG, MB R3T 5Y6
1-888-205-4828
www.investorsgroup.com/consult/brian.konrad
Stephanie
Graham
(204) 489-4640 ext. 267
This report
specifically written and published by Investors Group is presented
as a general source of information only, and is not intended
as a solicitation to buy or sell specific investments, nor
is it intended to provide legal advice. Prospective investors
should review the annual report, simplified prospectus, and
annual information form of any fund carefully before making
an investment decision. Clients should discuss their situation
with their Consultant for advice based on their specific circumstances.
Insurance products and services offered through I.G. Insurance
Services Inc. (in Quebec, a financial services firm). Insurance
license sponsored by The Great-West Life Assurance Company
(outside of Quebec).
Trademark owned by IGM Financial Inc. and licensed to
its subsidiary corporations.
You may have a tax time bomb ticking and not even know
it
©2007 Investors Group Inc. Investors Group Financial
Services Inc.
(Read
more in the Apr
12-May 2/2010
issue of Senior Scope)

William J. Thomas
I
have a new computer and I hate the blasted thing
Everybody
told me I needed a new computer so I went out and bought one.
The Acer Aspire is a spiffy-looking laptop with approximately
three hundred features I will never use. I use a computer
exclusively to receive and send emails and browse the poetic
messages left in the spam department. Your schlong could
be schlonger. Who comes up with this stuff? Howie Mandel?
Everybody
said I needed new software to go with the new computer because
that system was really old. I think I was using Storm Windows
One. So I bought new software and the day after I bought the
computer I was told to upgrade from Vista to Windows 7 because,
well, thats what you must do. Upgrade, in order to stay
a step ahead of the hackers and spammers and evil virus whammers.
Upgrades, I am told, mean better security. Its why I
need Norton. Its why ships off the coast of Somalia
need armed guards. Its why Tiger Woods needs a locking
mechanism on his bedroom door that cant be opened with
a sand wedge.
Staples
sent their ace techie out to install the computer for me and
it actually worked
for a while. The next day everything
went black and I called Ace at Staples and after
some fairly intricate investigative work we determined that
he had forgot to plug the computer into the wall socket. It
had run on a battery for a day before it died.
Everybody
said because I live near open water and so close to the United
States that I needed to buy Rogers Rocket Stick. This I did
and the difference was incredible. My monthly Rogers charge
of forty bucks skyrocketed to $340.00 due to U.S. roaming
fees on a cell phone I never use.
But the
computer was still not allowing me to see my emails. Then
everybody said I needed an extension on my Rogers Rocket Stick
to get it higher up on my office window in order to better
attract a signal which I assume is being bounced off two Chinese
satellites like a lead-lined ping-pong ball. And the Rocket
wont be stretched by just any old extension cord. No,
I needed a special USB adapter costing $29.99 or approximately
ten dollars per foot. That idiot on TV who dances and sings
I am the cashman! will sell me a repossessed gold
chain for less than ten dollars a foot.
Oh, and
speaking of TVs, in the middle of this high tech dogs
breakfast I was forced to buy two digital converters for my
TV sets in order to continue to bring in the three main American
networks with my rotar antenna tower. And you know what? It
worked. I can now get NBC, CBS and ABC quite well. Unfortunately
I can no longer get Canadian TV stations without disabling
the digital connection.
I also
picked up some weird channel called Retro TV that runs episodes
of The A Team twenty four hours a day and for
a month now Ive been walking around the house saying
I pity the fool!
At about
the same time my underground telephone cable died so the Bell
guy installed a temporary cable that has that kind of loud,
annoying hum on the line like the Mounties are using really
outdated wire tap equipment. But I have to admit I like my
new computer more than I liked the old one.
The old
one blocked every effort and every entry route I tried to
get into my email page with a big, scary yellow sign that
announced: The Server Cannot Be Found. This blocker
appeared in big bold letters with a yellow border like the
words were surrounded by police tape. It frightened me.
I dont
get any of that with my new computer. Although it still wont
let me see my emails, now I get a very pleasant message that
comes up with bright white letters on a sea-blue background
and it says: Internet Explorer Cannot Display This Page!
Cool, huh?
I understand
that Internet Explorer is trying, really trying to show me
my emails but it simply cannot do it at this time. And it
encourages me to try again. Which I do, almost every day when
I get back from the Port Colborne Library where I receive
and reply to all my emails in less than twenty minutes by
using their computer. Turns out, I didnt actually need
a new computer. I needed a faster car.
I shouldnt
say my new computer never works because yesterday as I was
holding down the clicker on googlegmail.com up
popped a recipe for spam confetti pasta with a preparation
time of 30 minutes. Mine came out a tad dry, mind you, but
now its not as if I have nothing to show for this one
thousand dollar investment in state of the art technology.
This morning
things looked promising when I heard a noise, like a big deal
announcement sound Ta DAA!!
Then Norton informed me it was tracking eight cookies
that had entered my programming system! So I requested that
recipe too.
I have
come to the conclusion that I live in a technological dead
zone. Wainfleet is landline, lockdown territory, a place where
scientific signals come to commit suicide. Im diagonally
parked in a parallel universe and my time machine just blew
the breaker box.
Yesterday
after tying up their telephone assistance staff for days on
end, Rogers offered to send a technician to my house to fix
my computer. I pity the fool.
-
- - - - - - - - - - - - - - - - - - - - - -
William
J. Thomas lives on Sunset Bay in Wainfleet, Ont. For comments,
ideas and copies of The True Story of Wainfleet go to www.williamthomas.ca
(Read
more in the Apr
12-May 2/2010
issue of Senior Scope)
Travel
Your
gift is a trip anywhere...
Where would you go?
By
Sherry
Dupuis
|
 |
When I
graduated from college my gift from my parents was a trip
anywhere I wanted to travel. Growing up I would hear stories
from my Grandparents about England. My Grandma had grown up
there and my Grandpa a WWll Aircraft mechanic from Canada,
and they met and married in York, England. My Grandma, coming
to Canada as a war bride, was only able to return home every
three years, and that wasnt until after her children
were grown. When my Grandparents planned their next spring
time trip I cashed in my gift for a plane ticket to London
and an England train pass. This would turn out to be my most
cherished travel experience.
From the
moment I landed at Heathrow airport and met my Grandparents
in the customs line, I knew this was meant to be. My Grandmas
nephew met us at the airport and we started our journey north
towards York where my Grandma had spent most of her 22 years
in England. Seeing my Grandma in her element and with her
siblings is something I will never forget. I was able to get
to know the personalities behind the photos that had been
shared with us all our lives.
Our first
visit was around Yorkshire to see the house where my Grandma
was born, and where my Grandparents met at a dance hall some
49 years prior. We went to Bettys Bar, a coffee shop,
where in war time, the guys on leave spent their evenings
and had etched their names and rank into a set of mirrors
that had been salvaged, and still hangs on the wall. I was
able to find and take a photo of my Grandpas name. Next
to Bettys Bar was where my Grandma worked at a shoe
shop that has now turned into a wool shop. She could watch
out the window for my Grandpa to come into town on leave and
know that it was him coming down the hilly road towards the
shops. Across the square was the old Terrys Chocolate
Tea Room and reception hall where their wedding reception
was held. We made our way to Fulford Road where we visited
the church they were married in and I was able to photograph
them standing in the same spots that they had on their wedding
day.
After
experiencing York, we went south and experienced the war time
stories and locales that my Grandpa had visited when he first
arrived in England. I met his cousin and we explored South
Hampton and the area where his family had roots although he
had been born and raised in Canada. To add a little fun we
went to the seaside and took in the Brighton Palace Pier,
toured London where my Grandma and I rode carousels, and of
course ate fish and chips out of newsprint and shared a few
pints in the pubs.
This trip,
and the connection to them, made such an impression on me,
that 62 years after my Grandparents were married, my husband
and I had had our marriage blessed in the Fulford Church on
their anniversary. My mother and my sister joined us on this
trip, and having been their first to England, I was able to
show them all the sites and relay the stories that were told
to me by my Grandparents. An experience they never had the
opportunity to have first hand because my Grandma and all
her siblings had passed away, already, and my Grandpa could
not travel the distance.
______________________________
Sherry
Dupuis is a Cruise and Vacation Specialist with Expedia CruiseShipCenters.
Since her England trip in 1993 has explored many countries
by land and sea including Belgium, France, Gibraltar, Italy,
Monaco, Morocco, Netherlands, Portugal, Scotland, Spain, and
Sweden.
(Read
more in the Apr
12-May 2/2010
issue of Senior Scope)
|