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ARTICLE · 07 NOVEMBER 2019

Controlled Goods Registrants Must Report Ownership Changes

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The due diligence checklist should also include questions about Controlled Goods registrations so that the reporting requirement is included on the closing checklist.

CanadaInternational Law
Cyndee Todgham Cherniak
Cyndee Todgham Cherniak
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Canadian companies whose business operations involve Controlled Goods must report changes to their Controlled Goods Directorate registration before an acquisition. This means that companies and their in-house and outside lawyers must ensure that the closing checklist includes the Controlled Goods Directorate reporting requirement. The due diligence checklist should also include questions about Controlled Goods registrations so that the reporting requirement is included on the closing checklist.

Subsection 9(2) of the Controlled Goods Regulations provides as follows:

"A registered person shall, by the later of 32 business days before the date of an acquisition or one business day after the day on which they become aware of an acquisition, advise the Minister of the name and address of any person that will, as a result of the acquisition, own 20% or more of the outstanding voting shares or interests of the business."

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