Except as set out in paragraphs 3 and 7, the Director of Investments will review a direct "acquisition of control", as defined in the Investment Canada Act, of a Canadian business by an investor of an original signatory for which the Agreement was entered into has. force in terms of Article 30.5 (Coming into force) if the value of the Canadian business is not less than C$1.5 billion, adjusted in accordance with the applicable methodology in January of each subsequent year as set out in the Investment Canada Act. Notwithstanding the definition of "investor of a Party" in Article 9.1 (Definitions), only investors who are nationals of an original signatory for which the Agreement has entered into force under Article 30.5 (Entry into Force), or entities controlled by nationals of those Parties, as provided for in the Investment Canada Act, may benefit from the higher review threshold. subsequent year as set out in the Investment Canada Act. An investment that is subject to review under the Investment Canada Act may not be implemented unless the Minister.
This decision has been made in accordance with six conditions described in the law, summarized as follows:. a) the impact of the investment on the level and nature of economic activity in Canada, including the impact on employment, on the use of parts, components and services produced in Canada and on exports from Canada. In determining a net benefit, the Minister, through the Director of Investments, may review plans after which the applicant demonstrates the net benefit to Canada of the proposed acquisition. In the event of non-compliance with an undertaking by an applicant, the Minister may apply for a court order directing compliance or any other remedy authorized under the Investment Canada Act.
Except for technology transfer requirements, commitments or undertakings as set out in paragraph 10 of this entry, clause 9.10 (Performance Requirements) applies to requirements, commitments or undertakings imposed or enforced under the Investment Canada Act . For the purposes of this entry: "Non-Canadian" means an individual, a government or an agency thereof or an entity that is not a Canadian; and "Canadian" means a citizen or permanent resident of Canada, the government of Canada or an agency thereof, or an entity under Canadian control as described in the Investment Canada Act. The purpose of these restrictions is to allow a corporation or co-operative to meet Canadian ownership or control requirements under certain laws set out in the Canada Corporations Act.
Canadian” as defined in the Canada Business Corporations Act regulations, or in the Canada Co-operatives Regulations.
CANADA – 11 Sector: Business Service Industries
To be a licensed duty-free shop operator at a border crossing in Canada, a natural person must:. To be a licensed duty-free shop operator at a border crossing in Canada, a business must:. a) be incorporated in Canada; and.
CANADA – 13 Sector: Business Service Industries
To represent a person in the prosecution of a patent application or other business before the Patent Office, a patent agent must be resident in Canada and registered with the Patent Office.
CANADA – 15 Sector: Professional Services
A person holding an oil and gas production license or shares therein must be a corporation registered in Canada.
CANADA – 17
The benefit plan contemplated by the Canada Oil and Gas Operations Act allows the Minister responsible for the Act to impose an additional requirement on the applicant to ensure that disadvantaged individuals or groups have or can access training and employment opportunities participate in the provision of goods and services used in proposed work activity referred to in the benefits plan. Provisions that continue those set out in the Canada Oil and Gas Operations Act are included in laws implementing the Canada-Yukon Oil and Gas Accord. Provisions continuing those set out in the Canada Oil and Gas Operations Act will be included in laws or regulations to implement the Northwest Territories Oil and Gas Agreement and the Canada-Quebec Gulf of St.
For the purposes of this entry, these arrangements are deemed to be existing measures once concluded. The Canada-Nova Scotia Offshore Petroleum Resources Agreement Implementation Act and the Canada-Newfoundland Atlantic Agreement Implementation Act have the same benefit plan requirement, but also require that the benefit plan ensure that: a) the company or other body, who submits the plan shall establish an office in the province concerned where appropriate levels of decision-making should take place before undertaking any work or activity in the coastal zone;.
CANADA – 19
Under the Hibernia Development Project Act, Canada and the Hibernia Project Owners may enter into agreements. These agreements may require project owners to commit to perform certain work in Canada and Newfoundland and to use their best efforts to achieve specific target levels for Canada and Newfoundland with respect to the provisions of a "benefits plan". In addition, Canada may make a requirement or enforce a commitment in connection with the Hibernia Project or.
CANADA – 21
Canadian" as: "a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act, a government in Canada or an agent of such government or a corporation or other entity that is incorporated or formed under the laws of Canada. or a province, which is effectively controlled by Canadians and of which at least 75 per cent, or less. Regulations made under the Aeronautics Act incorporate by reference the definition of "Canadian" found in the Transport Canada Act. These regulations require an operator to be Canadian in order to obtain a Canadian Air Operator's Certificate and qualify to register the aircraft as "Canadian".
CANADA – 23
Aircraft and other aeronautical products repair, overhaul or maintenance activities necessary to maintain the airworthiness of Canadian-registered aircraft and other aeronautical products must be performed by persons meeting Canadian aviation legislative requirements (i.e. approved maintenance organizations and aircraft maintenance engineers). Certifications are not issued to persons located outside of Canada, except for sub-organizations of approved maintenance organizations that are themselves located in Canada.
CANADA – 25
To register a ship in Canada, the owner of that ship or the person who has sole possession of that ship must:. a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;.
CANADA – 27
CANADA – 29
Members of a shipping conference must jointly maintain an office or agency in the region of Canada in which they operate. A shipping conference is an association of shipping companies whose purpose or effect is to regulate rates and conditions for these carriers' transport of goods by water.
CANADA – 31
For the sake of transparency, Annex I-A contains an illustrative, non-binding list of non-compliant measures used at regional government level.
CANADA – 33
Foreign investment in facilities-based telecommunications service providers is limited to a maximum, cumulative total of 46.7 percent of the voting interest, based on 20 percent direct investment and 33.3 percent indirect investment. At least 80 per cent of the board of directors of facilities-based telecommunications service providers must be Canadian. Notwithstanding the limitations described above: a) Foreign investment is allowed up to 100 percent for suppliers operating under an international submarine cable license;
CANADA – 35
Company Form: Prince Edward Island requires non-resident companies to maintain a higher percentage of practitioners in a partnership. Real Estate Services Residence: Alberta, Quebec, Yukon, Manitoba, British Columbia, Nova Scotia, Prince Edward Island, Newfoundland and Labrador.
CANADA – 37
