Residence for this purpose must be determined in accordance with the relevant tax convention. Most Canadian bilateral tax treaties define a resident as any person that is liable to tax under the laws of the relevant state by reason of that person’s domicile, residence, place of management, place of incorporation, or any other criterion of a similar nature. The Supreme Court in Crown Forest, supra clarified that:
… the criteria for determining residence in Article IV.1 involve more than simply being liable to taxation on some portion of income (source liability); they entail being subject to as comprehensive a tax liability as is imposed by a state.