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RURAL MUNICIPALITY OF TACHÉ · E-2 FIELD GUIDE

Does hiring an operating manager automatically settle the E-2 direction requirement?

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THE DIRECT ANSWER

No. Assess the applicant’s actual rights and how the enterprise will be developed and directed.

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A manager’s presence does not by itself establish or eliminate investor control. Explain the actual arrangement rather than using a categorical assumption.

Note also that nationality is what matters here: holding Canadian permanent residence without citizenship of a treaty country does not supply the required nationality for either the investor or the enterprise. Substantiality relates the investment to the specific business, while nationality, active development and direction, and the enterprise's own requirements still need to be independently satisfied. The enterprise must be at least 50 per cent owned by nationals of the treaty country, and ownership is traced through corporate layers rather than stopping at the immediate parent. At the chosen application stage, the evidence must show treaty nationality, qualifying enterprise ownership, development and direction, capital committed beyond recall and exposed to loss, plus a real non-marginal operation.