9 March 2000 Internal T.I. 2000-0008257 F - Mandat d'inaptitude -- summary under Paragraph 256(1.4)(a)

In determining whether two corporations are associated, a mandatary under a power of attorney would be deemed under s. 256(1.4) to be the owner of the shares of a corporation held by the grantor, if the powers of the mandatary include the power to control the voting rights attached to the shares owned by the principal – except that s. 256(1.4)(a) provides an exception if the right to control the voting rights cannot be exercised because its exercise is contingent on the death, bankruptcy or permanent disability of an individual.