There are some tax risks associated with foreign hedge funds permitting direct investment by Canadians. Regardless
of whether the safe harbour rules are a relevant consideration or not, foreign hedge funds that permit direct
investment into their funds by Canadian investors should be aware that taxable Canadian investors will need to consider
whether the “offshore investment property” and “non-resident trust” rules in the Income Tax Act (Canada) are applicable to them, given their particular facts and circumstances. If these rules are applicable to a Canadian investor, a foreign hedge fund may have to deal with additional information requirements that will need to be fulfilled in order to facilitate Canadian tax compliance by Canadian investors. In addition and as discussed above, foreign hedge funds that engage
Canadian service providers face restrictions under the safe harbour rules which effectively restrict their ability to raise capital directly from Canadian investors unless the