Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Canadian Ownership and Control Determination Act (R.S.C., 1985, c. C-20)

Act current to 2020-05-17 and last amended on 2003-07-02. Previous Versions

Canadian Ownership Rate and Control Status Determination (continued)

Marginal note:Determination by Minister under Foreign Investment Review Act

  •  (1) Where the Minister designated to act as the Minister for the purposes of the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, has reached the opinion under subsection 4(1) of that Act that a person is not a non-eligible person within the meaning of that Act, that person shall, subject to the regulations, be deemed to be Canadian controlled for the purposes of this Act for as long as the opinion is binding on that Minister.

  • Marginal note:Idem

    (2) Where the Minister designated to act as the Minister for the purposes of the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, has reached the opinion under subsection 4(1) of that Act that a person is a non-eligible person within the meaning of that Act, or demands notice under subsection 8(3) of that Act from a person he believes to be a non-eligible person, that person shall, subject to subsection (3) of this section, be deemed not to be Canadian controlled for the purposes of this Act for as long as the opinion under subsection 4(1) of that Act is binding on that Minister or the demand for notice under subsection 8(3) of that Act is binding on the recipient of the notice, and any certificate issued in respect of that person shall, if necessary, be revised accordingly.

  • Marginal note:Application

    (3) Subsection (2) does not apply where the opinion of the Minister referred to in that subsection would have been otherwise, or where the demand for notice referred to in that subsection would not have been made, had the definition non-eligible person in subsection 3(1) of the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, been read in accordance with subsection 2(2) of this Act.

  • 1980-81-82-83, c. 107, s. 38

Applications and Certificates

Marginal note:Acknowledgment of receipt of application

  •  (1) Where the Minister is satisfied that an application for a certificate has been made by a person qualified to apply, has been filed in the form and manner prescribed and contains or is accompanied by the information and documentation prescribed, he shall send to the applicant, by personal delivery or registered mail, an acknowledgment as to the date of receipt of the application by the Minister.

  • Marginal note:Determination by Minister

    (2) The Minister shall examine each application for a certificate the receipt of which has been acknowledged under subsection (1) and any supplementary information or documentation provided pursuant to section 8 and shall, in accordance with this Act and the regulations, determine the Canadian ownership rate or the Canadian ownership rate and control status in respect of which a certificate was applied for.

  • Marginal note:Issue of certificate

    (3) Subject to section 8, the Minister shall, not later than ninety days after the acknowledged date of receipt of the application, issue a certificate to the applicant stating the Canadian ownership rate or the Canadian ownership rate and control status of the applicant, as determined under subsection (2), and the effective period of the certificate.

  • Marginal note:Saving

    (4) Nothing in this section prevents the Minister, on application therefor, from issuing a certificate stating the control status of a person to whom there has been issued a certificate stating only his Canadian ownership rate, where the latter certificate is in effect at the time the application is made.

  • Marginal note:Statement of reconciliation

    (5) Where the Canadian ownership rate stated in a certificate differs from that submitted with the application for the certificate, the Minister shall provide the applicant with a statement of reconciliation.

  • 1980-81-82-83, c. 107, s. 39

Marginal note:Supplementary information and documentation

  •  (1) Where the Minister, after acknowledging receipt of an application for a certificate, is unable to determine the Canadian ownership rate or control status of the applicant or make any other relevant determination, he shall, as often as is required, give notice to the applicant in writing, by personal delivery or registered mail, requesting any supplementary information or documentation that the Minister considers necessary in order to enable him to make the determination.

  • Marginal note:Suspension of period for issuing certificate

    (2) Where supplementary information or documentation is requested by notice in writing under subsection (1) or an audit or examination is begun after notice in writing under section 15, the period for issuing a certificate ceases to run from the giving of the relevant notice, resumes running on the day the Minister receives all the supplementary information and documentation requested or the day the audit or examination is completed, as the case may be, and continues to run for a period after that day that is the greater of

    • (a) thirty days, and

    • (b) the balance of the period for issuing a certificate that remained on the giving of the relevant notice.

  • 1980-81-82-83, c. 107, s. 40

Marginal note:Currency of information and documentation

 All information and documentation relating to the Canadian ownership rate on which an application for a certificate is based shall, subject to such exemptions as the Minister may allow, be current as of a day or days determined in the manner prescribed.

  • 1980-81-82-83, c. 107, s. 41

Marginal note:Effective period of certificate

  •  (1) A certificate is effective as of the acknowledged date of receipt of the application for it and, subject to subsections (2) and (3), it continues to be effective for a period of twelve months from that date or for such longer period or periods, not exceeding twenty-four months from that date, as may be prescribed in respect of such classes of persons as are prescribed.

  • Marginal note:Additional effective period

    (2) The Minister may, in the manner prescribed, allocate among any persons or classes thereof to whom certificates are to be issued effective for the period referred to in subsection (1) an additional effective period not exceeding six months.

  • Marginal note:Other effective periods

    (3) The Minister may

    • (a) on request by an applicant for a certificate, issue a certificate effective for a period less than the effective period under subsection (1) or (2); and

    • (b) on request by a person to whom a certificate was issued, reduce the effective period of the certificate and revise the certificate accordingly.

  • Marginal note:New certificate

    (4) Where the holder of a current certificate has, in substantial compliance with this Act and the regulations, applied for a new certificate prior to the expiration of the current certificate, the Minister may issue a new certificate effective as of the day the current certificate expires.

  • 1980-81-82-83, c. 107, s. 42

Marginal note:New or amended application

  •  (1) The holder of an effective certificate shall, in the form and manner prescribed, file a new application for a certificate or amend his original application where

    • (a) the certificate shows the holder to be Canadian controlled and he has ceased to be Canadian controlled;

    • (b) the Canadian ownership rate of the holder has decreased from that stated in the certificate in the circumstances prescribed by more than the prescribed number of percentage points;

    • (c) the holder knows or ought to know that the certificate was issued on the basis of an erroneous determination or false or misleading information;

    • (d) the holder knows or ought to know that any provision of an agreement, arrangement or undertaking that was submitted with the application for the certificate was breached or was not fully observed; or

    • (e) the Minister, by notice in writing to the holder delivered personally or sent by registered mail, requires the application or amendment to be made where he believes, on reasonable grounds, that

      • (i) paragraph (a) or (b) applies,

      • (ii) the certificate was issued on the basis of an erroneous determination or false or misleading information, or

      • (iii) any provision of an agreement, arrangement or undertaking that was submitted with the application for the certificate was breached or was not fully observed.

  • Marginal note:Failure to comply

    (2) Where the holder of a certificate fails to comply with paragraph (1)(e) within thirty days after receipt of a notice sent by the Minister pursuant to that paragraph, or within such longer period as the Minister may reasonably allow, the certificate shall cease to be effective as of the day on which, in the opinion of the Minister, the event described in paragraph (1)(a) or (b) or subparagraph (1)(e)(ii) or (iii) occurred.

  • Marginal note:Application may be filed

    (3) The holder of an effective certificate may, in the form and manner prescribed, file a new application for a certificate or amend his original application where, in the holder’s opinion, his Canadian ownership rate has increased or he has become Canadian controlled.

  • Marginal note:Certificate issued pursuant to a new application

    (4) Sections 7 to 10 apply, with such modifications as the circumstances require, with respect to a new application for a certificate filed pursuant to subsection (1) or (3) and with respect to a certificate issued pursuant to that application, except that the certificate shall be effective

    • (a) with respect to a new application filed pursuant to paragraph (1)(a) or (b) or subparagraph (1)(e)(i), as of the day on which the relevant change in Canadian ownership rate or control status occurred;

    • (b) with respect to a new application filed pursuant to paragraph (1)(c) or (d) or subparagraph (1)(e)(ii) or (iii), as of the day the current certificate became effective; or

    • (c) with respect to a new application filed pursuant to subsection (3), as of the day that the relevant change in Canadian ownership rate or control status occurred, and shall continue to be effective until the day the current certificate would, but for subsection (6), have ceased to be effective.

  • Marginal note:Certificate issued pursuant to an amended application

    (5) Sections 7 and 8 apply, with such modifications as the circumstances require, with respect to an amended application for a certificate filed pursuant to subsection (1) or (3) and with respect to a certificate issued pursuant to that amended application, and the certificate shall be effective as of the day set out in paragraph (4)(a), (b) or (c), as the case may be, and shall continue to be effective until the day the current certificate would, but for subsection (6), have ceased to be effective.

  • Marginal note:Current certificate ceases

    (6) On the issue of a certificate to a person pursuant to a new or amended application under this section, any current certificate of that person ceases to be effective as of the day the certificate so issued is effective.

  • Marginal note:Definition of current certificate

    (7) In this section, current certificate means any certificate that is in effect on the issue of a certificate pursuant to a new or amended application under this section.

  • 1980-81-82-83, c. 107, s. 43
 
Date modified: