Petro-Canada Public Participation Act — P-11.1 9
 officer or director; (b) one is a corporation that is controlled by the other or by a group of persons of which the other is a member; (c) one is a partnership of which the other is a partner; (d) one is a trust of which the other is a trustee; (e) both are corporations controlled by the same person; (f) both are members of a voting trust that relates to voting shares of Petro-Canada; (g) both, in the reasonable opinion of the directors of Petro-Canada, are parties to an agreement or arrangement a purpose of which is to require them to act in concert with respect to their interests, direct or indirect, in Petro-Canada or are otherwise acting in concert with respect to those interests; or (h) both are at the same time associates, within the meaning of any of paragraphs (a) to (g), of the same person. Exceptions (6) Notwithstanding subsection (5), for the purposes of this section, (a) where a person who, but for this paragraph, would be an associate of another person submits to Petro-Canada a statutory declaration stating that (i) no voting shares of Petro-Canada held or to be held by the declarant are or will be, to the declarant’s knowledge, held in the right of, for the use or benefit of or under the control of, any other person of which, but for this paragraph, the declarant would be an associate, and (ii) the declarant is not acting and will not act in concert with any such other person with respect to their interests, direct or indirect, in Petro-Canada, the declarant and that other person are not associates so long as the directors of Petro-Canada are satisfied that the statements in the declaration are being complied with and that there are no other reasonable grounds for disregarding the declaration; (b) two corporations are not associates pursuant to paragraph (5)(h) by reason only that under paragraph (5)(a) each is an associate of the same individual; and (c) where the directors of Petro-Canada are of the reasonable opinion, from the central securities register of Petro-Canada or otherwise, that any person holds, beneficially owns or controls voting shares to which are attached not more than the lesser of two one-hundredths of one per cent of the votes that may ordinarily be cast to elect directors of Petro-Canada and ten thousand such votes, that person is not an associate of anyone else and no one else is an associate of that person. Control (7) For the purposes of this section, 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 any body corporate or otherwise, and, without limiting the generality of the foregoing, (a) a body corporate is deemed to be controlled by a person if (i) securities of the body corporate to which are attached more than fifty per cent of the votes that may be cast to elect directors of the body corporate are held, otherwise than by way of security only, by or for the benefit of that person, and (ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the body corporate; and (b) a partnership or unincorporated organization is deemed to be controlled by a person if an ownership interest therein representing more than fifty per cent of the assets of the partnership or organization is held, otherwise than by way of security only, by or for the benefit of that person. Definitions (8) In this section, corporation includes a body corporate, partnership and unincorporated organization; ( société ) downstream assets means assets used in the refining of crude oil or in the distribution and marketing of refined petroleum products and related goods and services; ( biens de commercialisation ) non-resident means (a) an individual, other than a Canadian citizen, who is not ordinarily resident in Canada, (b) a corporation incorporated, formed or otherwise organized outside Canada, (c) a foreign governme