Generally, Canada seeks to tax gains arising on the disposition of “taxable Canadian property” (TCP), subject
to any relief that may be available to a non-resident investor through a tax treaty. Recent amendments to the definition of TCP have significantly narrowed the types of securities that are TCP. Publicly listed shares and units of a mutual fund trust generally would not qualify as TCP unless the nonresident along with non-arm’s length person holds a significant holding in the corporation or trust and greater than 50 per cent of the fair market value of the shares or units is derived from Canadian
real property or resource property.