Canada Oil and Gas Land Regulations — 123
f an interest in the applicant enterprise where that applicant enterprise includes any persons who are non-eligible persons within the meaning of the Foreign Investment Review Act , shall have its Canadian participation rate determined by treating it as if it were the applicant corporation or applicant enterprise under Rule 2 and applying Rule 3 in respect of any of its shareholders or interest owners falling within any of the classes set out in Rule 3, and this Rule in respect of any of its shareholders or interest owners not falling within any of those classes. Rule 5 (1) Where, under these Rules, the question arises whether or not a person is a non-eligible person within the meaning of the Foreign Investment Review Act , the Minister or a person designated by the Minister shall apply to the determination of that question the provisions of subsection 4(1) and the other relevant provisions of the Foreign Investment Review Act , subject to such modifications as the circumstances may require, as if the person were an applicant for a statement in writing under that subsection, and as if the Minister or the person designated by the Minister were the Minister referred to in that Act. (2) Any determination made by the Minister or the person designated by the Minister pursuant to subrule (1) is binding only on the person in respect of whom the determination was made, and on the Minister or the person designated by the Minister who made it, and only for the purposes of these Regulations. Rule 6 (1) In these Rules, enterprise means any group or combination of individuals, corporations or individuals and corporations and for greater certainty, but without restricting the generality of the foregoing, includes partnerships, joint ventures, trusts, syndicates or other associations; entreprise voting shares means an issued and outstanding share of the capital stock of a corporation to which are attached voting rights ordinarily exercisable at meetings of shareholders. action comportant droit de vote (2) For the purposes of these Rules, (a) where any voting share carries the right to more than one vote, the share shall be deemed to be a number of shares equal to the number of votes that it carries; (b) the onus is on the applicant to demonstrate his Canadian participation rate to the satisfaction of the Minister or a person designated by the Minister but where he has not so demonstrated his Canadian participation rate within such reasonable time, but not less than 30 days, as the Minister may allow, the Minister may allocate to the applicant such Canadian participation rate as he deems reasonable in the circumstances, but, in the case of an application made before April 1, 1978, the applicant shall have a period of four months from the day of such allocation to discharge the onus imposed on him by this paragraph and, at the expiration of that period, the allocation is final if the onus has not been discharged, or shall be adjusted to conform to the Canadian participation rate so demonstrated if the onus has been discharged, and such final allocation or adjusted allocation shall constitute the determination of the Canadian participation rate of the applicant for the purposes of section 121; (c) the Canadian participation rate shall be determined as of the day on which any application under section 116 or 117 is made for a special renewal permit and shall be based on information that, in the opinion of the Minister or a person designated by the Minister, is current and accurate information, and such determination is, if all material facts have been disclosed to the Minister or the person designated by the Minister, binding for two years from the day as of which the determination was made, if throughout that period the material facts so disclosed remain substantially unchanged; (d) where it is made to appear to the Minister that any matter required to be determined under these Rules cannot reasonably be determined thereunder in any case or cla