Canadian Resident Requirements

Mandatory 25% Canadian Residency for Directors in a Federal Corporation

Inked by Blinc

February 5, 2024

Upon registering a Federal Corporation, it's required that at least 25% of the company's directors are 'Resident Canadians'.

This doesn't apply to Provincial incorporations in Ontario, British Columbia, and Alberta. Consequently, if a Federal corporation has only one director, that director must be a 'Resident Canadian'.

Here is the exact definition as per the Canadian Business Corporations Act:

Resident Canadian means an individual who is

(a) a Canadian citizen ordinarily resident in Canada,

(b) a Canadian citizen not ordinarily resident in Canada who is a member of a prescribed class of persons, or

(c) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which he or she first became eligible to apply for Canadian citizenship; (résident canadien)

Source: Canadian Business Corporations Act, R.S.C., 1985, c. C-44

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