Income Tax Regulations

4901 (1) For the purposes of paragraphs 204.4(2)(b), (d) and (f) and of subsection 204.6(1) of the Act, a property is a prescribed investment for a corporation or trust, as the case may be, if it is a qualified investment for a plan or fund described in paragraphs 204.4(1)(a) to (d) of the Act in respect of which the corporation or trust is seeking registration or has been registered, as the case may be.

(1.1) [Repealed, SOR/94-471, s. 2]

(2) In this Part,

allocation in proportion to patronage

allocation in proportion to patronage has the meaning assigned by subsection 135(4) of the Act; (répartition proportionnelle à l’apport commercial)

connected shareholder

connected shareholder of a corporation at any time is a person (other than an exempt person in respect of the corporation) who owns, directly or indirectly, at that time, not less than 10% of the issued shares of any class of the capital stock of the corporation or of any other corporation that is related to the corporation and, for the purposes of this definition,

• (a) paragraphs (a) to (e) of the definition specified shareholder in subsection 248(1) of the Act apply, and

• (b) an exempt person in respect of a corporation is a person who deals at arm’s length with the corporation where the total of all amounts, each of which is the cost amount of any share of the capital stock of the corporation, or of any other corporation that is related to it, that the person owns or is deemed to own for the purposes of the definition specified shareholder in subsection 248(1) of the Act, is less than $25,000; (actionnaire rattaché)

consumer goods or services

consumer goods or services has the meaning assigned by subsection 135(4) of the Act; (marchandises de consommation ou services)

designated shareholder

designated shareholder of a corporation at any time means a taxpayer who at that time

• (a) is, or is related to, a person (other than an exempt person) who owns, directly or indirectly, not less than 10% of the issued shares of any class of the capital stock of the corporation or of any other corporation that is related to the corporation and, for the purposes of this definition,

  • (i) paragraphs (a) to (e) of the definition specified shareholder in subsection 248(1) of the Act apply, and

  • (ii) an exempt person in respect of a corporation is a person who deals at arm’s length with the corporation where the total of all amounts, each of which is the cost amount of any share of the capital stock of the corporation, or of any other corporation that is related to it, that the person owns or is deemed to own for the purposes of the definition specified shareholder in subsection 248(1) of the Act, is less than $25,000,

• (b) is or is related to a member of a partnership that controls the corporation,

• (c) is or is related to a beneficiary under a trust that controls the corporation,

• (d) is or is related to an employee of the corporation or a corporation related thereto, where any group of employees of the corporation or of the corporation related thereto, as the case may be, controls the corporation, except where the group of employees includes a person or a related group that controls the corporation, or

• (e) does not deal at arm’s length with the corporation; (actionnaire désigné)

governing plan

governing plan means a registered retirement savings plan, a registered education savings plan, a registered retirement income fund, a deferred profit sharing plan or a revoked plan; (régime d’encadrement)

plan trust

plan trust means a trust governed by a governing plan; (fiducie de régime)

qualifying share

qualifying share, in respect of a specified cooperative corporation and a registered retirement savings plan, registered education savings plan or registered retirement income fund, means a share of the capital or capital stock of the corporation where

• (a) ownership of the share or a share identical to the share is not a condition of membership in the corporation, or

• (b) a person who is an annuitant, a beneficiary or a subscriber under the plan or fund (or any other person related to that person)

  • (i) has not received a payment from the corporation after November 29, 1994 pursuant to an allocation in proportion to patronage in respect of consumer goods or services, and

  • (ii) can reasonably be expected not to receive a payment, after the acquisition of the share by the trust governed by the plan or fund, from the corporation pursuant to an allocation in proportion to patronage in respect of consumer goods or services; (part admissible)

revoked plan

revoked plan has the meaning assigned by section 204 of the Act; (régime dont l’agrément est retiré)

small business investment limited partnership

small business investment limited partnership has the meaning assigned by subsection 5102(1); (société de personnes en commandite de placement dans des petites entreprises)

small business investment trust

small business investment trust has the meaning assigned by subsection 5103(1); (fiducie de placement dans des petites entreprises)

small business security

small business security has the meaning assigned by subsection 5100(2); (titre de petite entreprise)

specified cooperative corporation

specified cooperative corporation means

• (a) a cooperative corporation within the meaning assigned by subsection 136(2) of the Act, or

• (b) a corporation that would be a cooperative corporation within the meaning assigned by subsection 136(2) of the Act if the purpose described in that subsection were the purpose of providing employment to the corporation’s members or customers. (coopérative déterminée)

(2.1) For the purposes of the definition connected shareholder in subsection (2) and of subsection (2.2), each share of the capital of a specified cooperative corporation and all other shares of the capital of the corporation that have attributes identical to the attributes of that share shall be deemed to be shares of a class of the capital stock of the corporation.

(2.2) For the purpose of this Part, a person is deemed to be a connected shareholder of a corporation at any time where the person would be a connected shareholder of the corporation at that time if, at that time,

• (a) the person had each right that the person would be deemed to own at that time for the purposes of the definition specified shareholder in subsection 248(1) of the Act if that right were a share of the capital stock of a corporation;

• (b) the person owned each share of a class of the capital stock of a corporation that the person had a right at that time under a contract, in equity or otherwise, either immediately or in the future and either absolutely or contingently, to acquire; and

• (c) the cost amount to the person of a share referred to in paragraph (b) were the cost amount to the person of the right to which the share relates.

(2.3) For the purpose of this Part, a person is deemed to be a designated shareholder of a corporation at any time if the person would be a designated shareholder of the corporation at that time if, at that time, paragraphs (2.2)(a) to (c) applied in respect of that person.

(3) For greater certainty, a reference in this Part to

• (a) a mortgage includes a reference to a charge, hypothec or similar instrument pertaining to real property, or to an interest therein; and

• (b) a mortgagor includes a reference to a hypothecator or a debtor under any instrument referred to in paragraph (a).