Direction to the CRTC (Ineligibility of Non-Canadians) — 1
1 The definitions in this section apply in this Direction. acquiring corporation means a corporation referred to in paragraph 17(2)(a) of the Canadian Telecommunications Common Carrier Ownership and Control Regulations as they read on October 25, 1994, registered as SOR/94-667. ( acquéreur ) affiliate corporation means, in relation to a qualified successor, (a) a Canadian carrier referred to in subsection 16(2) of the Telecommunications Act or any of its subsidiary corporations; (b) an acquiring corporation or any of its subsidiary corporations; or (c) a corporation that controls the corporations referred to in paragraphs (a) and (b), or any of its subsidiary corporations. ( société affiliée ) Canadian means (a) a citizen within the meaning of subsection 2(1) of the Citizenship Act who is ordinarily resident in Canada; (b) a permanent resident within the meaning of subsection 2(1) of the Immigration Act who is ordinarily resident in Canada and 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; (c) a Canadian government, whether federal, provincial or local, or an agency thereof, subject to the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) ; (d) a corporation without share capital where a majority of its directors are appointed or designated, either by their personal names or by their names of office, by one or more of the following, namely, (i) a federal or provincial statute or any regulation made thereunder, (ii) the Governor in Council or the lieutenant governor in council of a province, and (iii) a minister of the Crown in right of Canada or a province; (e) a qualified corporation; (f) a qualified mutual insurance company; (g) a qualified pension fund society; (h) a qualified cooperative; or (i) a qualified successor (i) for the purpose of holding a broadcasting distribution undertaking licence, or (ii) for the purpose of beneficially owning, directly or indirectly, 50 per cent or less of all the issued and outstanding voting shares, and 50 per cent or less of the votes, of a qualified corporation that holds a broadcasting licence for a distribution undertaking only. ( Canadien ) control means control in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, an agreement or arrangement, the ownership of a corporation or otherwise. ( contrôle ) director means a person who is a member of the board of directors of a corporation or, where the corporation has no directors, a person performing functions that are similar to the functions performed by directors. ( administrateur ) independent member means a person who is not an officer or employee of, or a contractor who provides goods or services to, a qualified successor or any of its affiliate corporations, who is not a director of any affiliate corporations of the qualified successor, and in respect of whom there are no considerations that could reasonably be anticipated to interfere with the person’s ability to act in the best interests of the qualified successor. ( membre indépendant ) non-Canadian means a person or entity that is not a Canadian. ( non-Canadien ) qualified cooperative means a cooperative, not less than 80 per cent of the members of which are Canadians, that is established under an Act of Parliament or under any provincial legislation that relates to the establishment of cooperatives. ( coopérative qualifiée ) qualified corporation means a corporation incorporated or continued under the laws of Canada or a province, where (a) the chief executive officer or, where the corporation has no chief executive officer, the person performing functions that are similar to the functions performed by a chief executive officer, and not less than 80 per cent of the directors are Canadians; (b) in the case of a corporation having share capital, Canadians beneficially own and