Canadian Ownership and Control Determination Forms Order, 1985 (SOR/85-846)

Short Title

1 This Order may be cited as the Canadian Ownership and Control Determination Forms Order, 1985.

Interpretation

• 2 (1) In this Order,

  Annex

  Annex means an annex set out in Schedule II; (appendice)

  Act

  Act means the Canadian Ownership and Control Determination Act; (Loi)

  class of capitalization

  class of capitalization means a class of formal equity within the meaning of the Regulations read without regard to section 6 thereof or a class of forward equity; (catégorie de capitalisation)

  Form

  Form means a form set out in Schedule I; (formule)

  Regulations

  Regulations means the Canadian Ownership and Control Determination Regulations, 1984. (Règlement)

• (2) All other words and expressions have the same meaning as in the Canadian Ownership and Control Determination Act and the Regulations.

• (3) Where any provision of this Order provides for the making of an application in a particular Form, the application may be made in that Form or in the form of a letter or other appropriate form, but, in any case, the application shall

  • (a) include the information indicated in the Form;

  • (b) include or be accompanied by any other information or documentation required by this Order to be included in or to accompany the application; and

  • (c) be certified as indicated in the Form.

Application of Order

3 This Order applies to all applications filed on or after August 29, 1985.

Applications by Individuals

4 An application by an individual shall be in Form A-I.

Applications by Small Applicants

5 An application by a small applicant shall be in Form A-S.

Applications by Other Applicants

6 Subject to sections 7 and 8, an application by an entity that is not a small applicant shall be in Form A.

7 An application by a corporation that makes an election pursuant to subsection 30(7) of the Regulations may be in Form A-AML instead of Form A.

8 An application by an entity that meets the requirements specified in Form A-C may be in Form A-C instead of Form A.

Additional Information

9 An application by a cooperative corporation that by reason of paragraph 12(1)(g) of the Regulations is considered to have a Canadian ownership rate of 100 per cent shall include or be accompanied by the information indicated in Annex 1 and the certificate set out in that Annex completed as indicated therein.

10 An application by a life insurance company shall include or be accompanied by the information indicated in Annex 2.

11 An application by a mutual company, other than a life insurance company, shall include or be accompanied by the information indicated in Annex 3.

12 Subject to section 9, an application by

• (a) an entity that by reason of subsection 12(1) of the Regulations is considered to have a Canadian ownership rate of 100 per cent, or

• (b) an entity referred to in subsection 16(5) of the Regulations,

shall include or be accompanied by such of the information indicated in Annex 4 as is relevant and the relevant certificate set out in that Annex completed as indicated therein.

13 Where, in the case of any application, any of the following information, namely,

• (a) a description of each class of capitalization,

• (b) a summary of nominee client information,

• (c) a summary of measured block information,

• (d) a summary of the beneficial Canadian ownership calculation for each class of formal equity measured,

• (e) a summary of the Canadian ownership rate calculation,

• (f) any other information that is relevant in determining the Canadian ownership rate of the applicant, including, but not limited to, the following:

  • (i) information identifying a class of capitalization,

  • (ii) information relating to the exclusion of a class of capitalization from measurement,

  • (iii) information regarding the beneficiaries of a trust,

  • (iv) information relating to the status of an investor as a primary investor, as a secondary investor or as an investor equity-related to an applicant,

is required in respect of the applicant or an investor in the applicant in order to make, in accordance with the Act and Regulations, a determination of the Canadian ownership rate of the applicant for the purposes of the application, such information shall be included in the application in respect of the applicant or investor, as the case may be.

• 14 (1) Where, with respect to an application that includes or is accompanied by the information required by Form A or Form A-AML, it is relevant to determine the Canadian ownership rate or control status of the applicant, the application shall be accompanied by such of the following documentation as is relevant in the making of that determination:

  • (a) a copy of

    • (i) every prospectus filed by or on behalf of the applicant with a securities regulatory authority, and

    • (ii) every other offering document,

    pursuant to which securities were issued by the applicant on or after October 28, 1980;

  • (b) a copy of the financial statements of the applicant for its most recently completed fiscal period, if the applicant is required to measure its Canadian ownership rate; and

  • (c) a copy of that portion of the unit holders list of the applicant and of any unit holders list of an investor in the applicant that shows all entries therein that have a number of units equal to or exceeding 10 per cent of the measured block threshold for each class of formal equity of the applicant or the investor, as the case may be, the beneficial Canadian ownership rate of which is calculated in accordance with section 25 of the Regulations.

• (2) Where an applicant makes an application in Form A-S or an application that includes or is accompanied by the information indicated in that Form, the application may include or be accompanied by one copy of financial statements that show the assets that would be included in making a determination of the applicant’s total assets pursuant to section 9 of the Regulations.

15 Where, pursuant to section 39 of the Act, an application is made by a person for a certificate stating the person’s Canadian ownership rate and control status or for a certificate stating the person’s control status, the application shall include or be accompanied by such information and documentation as are required in order to determine the control status of the person.

Filing

16 An application shall be filed by sending it by mail or delivering it to the Central Registry of the Petroleum Incentives Administration in the City of Calgary or the City of Ottawa.