12. [Repealed, SOR/2010-128, s. 6]
“Resident Canadian” Class of Persons Prescribed
13. For the purpose of paragraph (b) of the definition “resident Canadian” in subsection 2(1) of the Act, the following classes of persons are prescribed:
(a) persons who are full-time employees of the Government of Canada or of a province, of an agency of any of those governments or of a federal or provincial Crown corporation, if the principal reason for their residence outside Canada is to act as employees;
(b) persons who are full-time employees, if the principal reason for their residence outside Canada is to act as employees, of a body corporate
(i) of which more than 50% of the voting shares is beneficially owned, or over which control or direction is exercised, by resident Canadians,
(ii) a majority of the directors of which are resident Canadians, or
(iii) that is a subsidiary of a body corporate described in subparagraph (i) or (ii);
(c) persons who are full-time students at a university or other educational institution recognized by the educational authorities of a majority of the provinces of Canada and who have been resident outside Canada for fewer than 10 consecutive years;
(d) persons who are full-time employees of an international association or organization of which Canada is a member; and
(e) persons who were, at the time of reaching their 60th birthday, ordinarily resident in Canada and who have been resident outside Canada for fewer than 10 consecutive years.
Exemption Circumstances Prescribed
14. For the purpose of section 258.2 of the Act, the prescribed circumstances are that the exemption does not prejudice any of the shareholders or the public interest.
Retention of Records
15. For the purpose of subsection 267(3) of the Act, the prescribed period is six years after the day on which the Director receives the document.
16. For the purpose of subsection 105(3.1) of the Act, the prescribed business sectors are
(a) uranium mining;
(b) book publishing or distribution;
(c) book sales, where the sale of books is the primary part of the corporation’s business; and
(d) film or video distribution.
- SOR/2003-317, s. 3(F);
- SOR/2010-128, s. 7(E).
17. (1) The following definitions apply in this Part.
- “corporate name”
“corporate name” means the name of a corporation. (Version anglaise seulement)
“distinctive”, in relation to a trade-name, considered as a whole and by its separate elements, means a trade-name that distinguishes the business in association with which it is used or intended to be used by its owner from any other business or that is adapted to so distinguish them. (distinctive)
- “official mark”
“official mark” means an official mark referred to in subparagraph 9(1)(n)(iii) of the Trade-marks Act. (marque officielle)
“trade-mark” means a trade-mark as defined in section 2 of the Trade-marks Act. (marque de commerce)
“trade-name” means a name that has been reserved by the Director under subsection 11(1) of the Act, or the name under which a business is carried on, or intended to be carried on, whether it is a corporate name or the name of a body corporate, trust, partnership, sole proprietorship or individual. (dénomination commerciale)
“use” means the actual use by a person that carries on business in Canada or elsewhere. (emploi)
(2) For greater certainty, this Part applies to the corporate name of an amalgamated corporation.
- SOR/2010-72, s. 1.
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