39 A life insurance company incorporated in Canada, other than one referred to in section 38, shall be considered to have a Canadian ownership rate of 100% if
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(b) it has provided the Minister with an executed undertaking in a form acceptable to the Minister to allocate all of the benefits accruing to it from Canadian oil and gas investments to the owners of life policies in Canada that are participating policies, and to allocate the benefits arising from other investments to the owners of life policies in Canada in a manner consistent with the allocation of such benefits in previous years; and