Government of Canada / Gouvernement du Canada
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Canada Small Business Financing Regulations

Version of section 1.1 from 2009-04-01 to 2022-07-03:

  •  (1) For the purposes of subsections 4(3) and 7(2) of the Act, borrowers are related when one borrower

    • (a) controls, directly or indirectly in any manner, the other borrower;

    • (b) is controlled, directly or indirectly in any manner, by the same person or group of persons as the other borrower;

    • (c) carries on their small business in partnership with the other borrower, which carries on another small business; or

    • (d) shares management services, administrative services, equipment, facilities or overhead expenses of the business with the other borrower, but is not in partnership with that borrower.

  • (2) For the purpose of subsection (1), “borrower” includes a person to whom a guaranteed business improvement loan was made under the Small Business Loans Act, if that loan is outstanding.

  • (3) For the purpose of subsection (1), control means to hold shares of a corporation to which are attached more than 50% of the votes that are necessary to elect a majority of its directors.

  • (4) Despite subsection (1), borrowers whose businesses are located at different premises are not related if neither borrower derives more than 25% of their actual or projected gross revenues from the other.

  • SOR/2009-102, s. 2

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