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ARTICLE · 11 JULY 2012

Liberalized Foreign Ownership Rules For Telecom

The Government of Canada’s omnibus budget implementation bill (Bill C-38) received Royal Assent on June 29, 2012.

CanadaMedia, Telecoms, IT, Entertainment

The Government of Canada's omnibus budget implementation bill (Bill C-38) received Royal Assent on June 29, 2012.  Included in the bill were amendments to the Telecommunications Act to eliminate foreign ownership restrictions for certain telecommunications carriers .

The foreign ownership restrictions required telecommunications carriers in Canada that own and operate facilities other than satellites, earth stations and submarine cables to be Canadian-owned and controlled. To be "Canadian-owned and controlled", the voting shares of a carrier must be 80 per cent beneficially owned by Canadians, Canadians must comprise at least 80 per cent of the board of directors of the carrier, and the carrier must not be controlled in fact by non-Canadians. A corporate shareholder of a carrier will be Canadian if Canadians beneficially own at least 66 2/3 per cent of the voting shares and the corporation is not controlled in fact by non-Canadians.

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