CANADIAN PRESENCE REQUIREMENTS FOR REGISTRANTS

1. Overview. After public consultation, CIRA has determined that the .ca domain

space should be developed as a key public resource for the social and economic development of

all Canadians. Accordingly, persons who wish to register a .ca domain name or sub-domain

name on and after the Operational Transfer Date (when the University of British Columbia

("UBC") transfers operation of the .ca registry to CIRA) must meet certain Canadian Presence

Requirements.

While the Canadian Presence Requirements for Registrants set out below still

require a connection to Canada, they will enable a much broader group of persons to register a

.ca domain name than under the existing rules of UBC.

Existing Registrants under the UBC system will not have to meet these Canadian

presence requirements when they apply to re-register with CIRA a domain name that is the

subject of an existing registration. CIRA hopes this will make it easier for existing registrants of

the registry operated by UBC when they apply to CIRA for a new registration prior to the

Operational Transfer Date.

CIRA is committed to reviewing these Canadian Presence Requirements from time

to time in order to ensure they remain in the best interests of Canadians and the .ca registry.

2. Canadian Presence Requirements. On and after the Operational Transfer

Date only the following individuals and entities will be permitted to apply to CIRA (through a

CIRA certified registrar) for the registration of, and to hold and maintain the registration of, a .ca

domain name:

Canadian citizen. A Canadian citizen of the age of majority under the laws of the province or

territory in Canada in which he or she resides or last resided;

Permanent resident. A permanent resident as defined in the Immigration Act (Canada) who is

ordinarily resident in Canada (as defined below) and of the age of majority under the laws of the

province or territory in Canada in which he or she resides or last resided;

Legal representative. An executor, administrator or other legal representative of the Persons

listed in paragraph (a) and (b) above;

Corporation. A corporation under the laws of Canada or any province or territory of Canada;

Trust. A trust established and subsisting under the laws of a province or territory of Canada,

more than 66 2/3 % of whose trustees meet one of the conditions set out in paragraphs (a) to

(d) above;

Partnership. A partnership, more than 66 2/3 % of whose partners meet one of the conditions

set out in paragraphs (a) to (e) above, which is registered as a partnership under the laws of any

province or territory of Canada;

Association. An unincorporated organization, association or club:

(i) at least 80% of whose members: (A) are ordinarily resident in Canada (if

such members are individuals); or (B) meet one of the conditions set out

in paragraphs (a) to (f) above (if such members are not individuals); and

(ii) at least 80% of whose directors, officers, employees, managers,

administrators or other representatives are ordinarily resident in Canada;

Trade union. A trade union which is recognized by a labour board under the laws of Canada or

any province or territory of Canada and which has its head office in Canada;

Political party. A political party registered under a relevant electoral law of Canada or any

province or territory of Canada;

Educational institution. Any of the following: (i) a university or college which is located in

Canada and which is authorized or recognized as a university or college under an Act of the

legislature of a province or territory of Canada; (ii) a college, post-secondary school, vocational

school, secondary school, pre-school or other school or educational institution which is located in

Canada and which is recognized by the educational authorities of a province or territory of

Canada or licensed under or maintained by an Act of Parliament of Canada or of the legislature of

a province or territory of Canada;

Library, Archive or Museum. An institution, whether or not incorporated, that (i) is located in

Canada and (ii) is not established or conducted for profit or does not form part of, or is not

administered or directly or indirectly controlled by, a body that is established or conducted for

profit, in which is held and maintained a collection of documents and other materials that is open

to the public or to researchers;

Hospital. A hospital which is located in Canada and which is licensed, authorized or approved to

operate as a hospital under an Act of the legislature of a province or territory of Canada;

Her Majesty the Queen. Her Majesty Queen Elizabeth the Second and her successors;

Indian band. Any Indian band as defined in the Indian Act, R.S.C. 1985, c. I-5, as amended

from time to time, and any group of Indian bands;

Aboriginal Peoples. Any Inuit, First Nation, Metis or other people indigenous to Canada, any

individual belonging to any Inuit, First Nation, Metis or other people indigenous to Canada and

any collectivity of such Aboriginal peoples;

Government. Her Majesty the Queen in right of Canada, a province or a territory; an agent of

Her Majesty the Queen in right of Canada, of a province or of a territory; a federal, provincial or

territorial Crown corporation, government agency or government entity; and a regional, municipal

or local area government;

Trade-mark registered in Canada. A Person which does not meet any of the foregoing

conditions, but which is the owner of a trade-mark which is the subject of a registration under

the Trade-marks Act (Canada), but in this case such permission is limited to an application to

register a .ca domain name consisting of or including the exact word component of that

registered trade-mark; or

Official marks. A Person which does not meet any of the foregoing conditions, but which is a

Person intended to be protected by Subsection 9(1) of the Trade-Marks Act (Canada) at whose

request the Registrar of Trade-marks has published notice of adoption of any badge, crest,

emblem, official mark or other mark pursuant to Subsection 9(1), but in this case such

permission is limited to an application to register a .ca domain name consisting of or including

the exact word component of such badge, crest, emblem, official mark or other mark in respect

of which such Person requested publications.

2. For the purposes of this policy:

(a) "ordinarily resident in Canada" means an individual who resides in Canada

for more than 183 days in the twelve month period immediately preceding the

date of the applicable application for registration of the .ca domain name or sub-domain

name and in each twelve month period thereafter for the duration of the

domain name registration; and

(b) "Person" includes an individual, a corporation, a partnership, a trust, an

unincorporated organization, association or club, the government of a country or

any political subdivision thereof, or any agency or department of any such

government, and the executors, administrators or other legal representatives of

an individual in such capacity, a "person" as defined in the Trade-marks Act

(Canada) and a Person intended to be protected by Subsection 9(1) of the

Trade-marks Act (Canada).

3. Notwithstanding paragraph 1 above, each registrant of a .ca domain name or

sub-domain name registration which is registered in the .ca registry operated by UBC prior to the

Operational Transfer Date shall be deemed to satisfy the Canadian presence requirements

described in paragraph 1 above with respect only to an application by such registrant to CIRA to

register such .ca domain name or sub-domain name.