Income Tax Act — I-3.3 146.3
dividual, (b) where paragraph (a) does not apply and the first annuitant under the fund so elects before any payment has been made under the fund by the carrier, the prescribed factor for the year in respect of an individual who was the spouse or common-law partner of the first annuitant at the time of the election, and (c) in any other case, the prescribed factor for the year in respect of the first annuitant under the fund, and C is, where the fund governs a trust, the total of all amounts each of which is (a) a periodic payment under an annuity contract held by the trust at the beginning of the year (other than an annuity contract described at the beginning of the year in paragraph (b.1) of the definition qualified investment ) that is paid to the trust in the year, or (b) if the periodic payment under such an annuity contract is not made to the trust because the trust disposed of the right to that payment in the year, a reasonable estimate of that payment on the assumption that the annuity contract had been held throughout the year and no rights under the contract were disposed of in the year; ( minimum ) property held in connection with a retirement income fund means property held by the carrier of the fund, whether held by the carrier as trustee or beneficial owner thereof, the value of which, or the income or loss from which, is relevant in determining the amount for a year payable to the annuitant under the fund; ( biens détenus ) qualified investment for a trust governed by a registered retirement income fund means (a) an investment that would be described by any of paragraphs (a) to (d), (f) and (g) of the definition qualified investment in section 204 if the reference in that definition to “a trust governed by a deferred profit sharing plan or revoked plan” were read as a reference to “a trust governed by a registered retirement income fund” and if that definition were read without reference to the words “with the exception of excluded property in relation to the trust”, (b) [Repealed, 2007, c. 29, s. 19] (b.1) a contract for an annuity issued by a licensed annuities provider where (i) the trust is the only person who, disregarding any subsequent transfer of the contract by the trust, is or may become entitled to any annuity payments under the contract, and (ii) the holder of the contract has a right to surrender the contract at any time for an amount that would, if reasonable sales and administration charges were ignored, approximate the value of funds that could otherwise be applied to fund future periodic payments under the contract, (b.2) a contract for an annuity issued by a licensed annuities provider where (i) annual or more frequent periodic payments are or may be made under the contract to the holder of the contract, (ii) the trust is the only person who, disregarding any subsequent transfer of the contract by the trust, is or may become entitled to any annuity payments under the contract, (iii) neither the time nor the amount of any payment under the contract may vary because of the length of any life, other than (A) if the annuitant under the fund (in this paragraph referred to as the “RRIF annuitant”) has made the election referred to in the definition retirement income fund in respect of the fund and a spouse or common-law partner, the life of the RRIF annuitant or the life of the spouse or common-law partner, and (B) in any other case, the life of the RRIF annuitant, (iv) the day on which the periodic payments began or are to begin (in this paragraph referred to as the “start date”) is not later than the end of the year following the year in which the contract was acquired by the trust, (v) either (A) the periodic payments are payable for the life of the RRIF annuitant or the joint lives of the RRIF annuitant and the RRIF annuitant’s spouse or common-law partner and either there is no guaranteed period under the contract or there is a guaranteed period that begins at the start date and does not exceed