Investment Canada Act — I-21.8 14.11
bed in subparagraph (a)(i) or (i.1) of the definition trade agreement investor in this subsection or to a trade agreement listed in column 1 of the schedule. ( pays (traité commercial) ) trade agreement investor means (a) an individual, other than a Canadian, who is (i) a natural person within the meaning of Article 8.1 of the Agreement as defined in section 2 of the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act , (i.1) a natural person within the meaning of Article 8.1 of CETA , as defined in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act , as incorporated by reference in CUKTCA, or (ii) a national within the meaning of any provision set out in column 2 of the schedule corresponding to a trade agreement set out in column 1; (b) the government of a trade agreement country, whether federal, state or local, or an agency of such a government; (c) an entity that is not a Canadian-controlled entity, as determined under subsection 26(1) or (2), and that is a trade agreement investor-controlled entity, as determined in accordance with subsection (7); (d) a corporation or limited partnership that meets the following criteria: (i) it is not a Canadian-controlled entity, as determined under subsection 26(1), (ii) it is not an entity described in paragraph (c), (iii) less than a majority of its voting interests are owned by trade agreement investors, (iv) it is not controlled in fact through the ownership of its voting interests, and (v) at least two-thirds of the members of its board of directors, or at least two-thirds of its general partners, as the case may be, are any combination of Canadians and trade agreement investors; (e) a trust that meets the following criteria: (i) it is not a Canadian-controlled entity, as determined under subsection 26(1) or (2), (ii) it is not an entity described in paragraph (c), (iii) it is not controlled in fact through the ownership of its voting interests, and (iv) at least two-thirds of its trustees are any combination of Canadians and trade agreement investors; or (f) any other form of business organization specified by the regulations that is controlled by a trade agreement investor. ( investisseur (traité commercial) ) Interpretation (7) For the purpose only of determining whether an entity is a trade agreement investor-controlled entity under paragraph (c) of the definition trade agreement investor in subsection (6), (a) subsections 26(1) and (2) and section 27 apply and, for that purpose, (i) every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “trade agreement investor” or “trade agreement investors”, respectively, (ii) every reference in those provisions to “non-Canadian” or “non-Canadians” shall be read and construed as a reference to “non-Canadian other than a trade agreement investor,” or “non-Canadians, other than trade agreement investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)(ii), which shall be read and construed as a reference to “not trade agreement investors”, (iii) every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “trade agreement investor-controlled”, and (iv) the reference in subparagraph 27(d)(i) to “Canada” shall be read and construed as a reference to “a trade agreement country”; and (b) if two persons, one being a Canadian and the other being a trade agreement investor, own equally all of the voting shares of a corporation, the corporation is deemed to be trade agreement investor-controlled. 2017, c. 6, s. 80 2021, c. 1, s. 23 2024, c. 4, s. 6