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ARTICLE · 06 MARCH 2007

Canadian Income Trust M&A

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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On October 31, 2006 the Canadian federal government announced proposed changes to Canadian tax laws that will significantly reduce or eliminate the tax advantages of Canadian income trusts. The new proposals, when implemented, will create a tax regime for most publicly-traded trusts and partnerships and their investors that will, in effect, be similar to that for public corporations and their shareholders.

CanadaFinance and Banking

Article by Brendan Reay, Jeff Lloyd and Michael Gans, © 2007, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Securities Law, February 2007

With approximately 250 income trusts in Canada, representing an aggregate market capitalization of almost C$200 billion, income trusts form a significant part of the Canadian capital markets. Until recently, however, there had been limited M&A activity involving Canadian income trusts as targets, outside of the more mature oil & gas and real estate investment trust (REIT) sectors. This may have been due in part to the relatively high valuations afforded income trusts in the Canadian public markets, and the fact that the "business" income trust sector (consisting generally of businesses outside of the resource and real estate sectors) has really only emerged in the past five years.

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