Radiocommunication Regulations

10 (1) For purposes of this section,

Canadian

Canadian has the same meaning as in the Canadian Telecommunications Common Carrier Ownership and Control Regulations; (Canadien)

Canadian-owned and controlled

Canadian-owned and controlled means, in respect of a corporation, that

• (a) not less than 80 per cent of the members of the board of directors of the corporation are individual Canadians,

• (b) Canadians beneficially own, directly or indirectly, in the aggregate and otherwise than by way of security only, not less than 80 per cent of the corporation’s voting shares issued and outstanding, and

• (c) the corporation is not otherwise controlled by persons who are not Canadians; (est la propriété de Canadiens et sous contrôle canadien)

control

control means control in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, agreement or arrangement, the ownership of any body corporate or otherwise; (contrôle)

voting share

voting share has the same meaning as in the Canadian Telecommunications Common Carrier Ownership and Control Regulations. (action avec droit de vote)

(2) The following persons or entities are eligible to be issued radio licences as radiocommunication carriers:

• (a) an individual who is

  • (i) a citizen within the meaning of subsection 2(1) of the Citizenship Act who is ordinarily resident in Canada, or

  • (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration Act who is ordinarily resident in Canada, and who has been ordinarily resident in Canada for not more than one year after the date on which that person first became eligible to apply for Canadian citizenship;

• (b) a partnership or joint venture where each partner or co-venturer is eligible to be issued a radio licence under this subsection;

• (c) a Canadian government, whether federal, provincial or local, or an agency thereof; and

• (d) a corporation that is

  • (i) Canadian-owned and controlled and is incorporated or continued under the laws of Canada or a province, or

  • (ii) a Canadian carrier that meets the eligibility criteria set out in subsection 16(1) or (2) of the Telecommunications Act, whether or not the carrier is exempt from the application of that Act or that Act does not otherwise apply to the corporation.