Canada: CbCR rules implemented in Canada

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Canada: CbCR rules implemented in Canada

jankovic.jpg

Dan Jankovic

Consistent with the recommendations of Article 13 of the BEPS Project, Canada passed, on December 15 2016, legislation implementing country-by-country reporting (CbCR).

Canada is a signatory to the Multilateral Competent Authority Agreement on the Automatic Exchange of Country-by-Country Reports, facilitating implementation of the transfer pricing reporting standards developed under Action 13 of the OECD's BEPS Project.

The Canadian legislation provides that a CbC report will generally be required to be completed in the prescribed manner with the Canada Revenue Agency (CRA) by:

  • The ultimate parent entity of the multinational enterprise group (MNE group) if it is resident in Canada in the reporting fiscal year; and

  • A Canadian-resident constituent entity of an MNE group that is not the ultimate parent entity of the MNE group if one of the following conditions is satisfied:

a) the ultimate parent entity of the MNE group is not obligated to file a CbC report in its jurisdiction of tax residence;

b) the jurisdiction of tax residence of the ultimate parent entity of the MNE group does not have a qualifying competent authority agreement (relating to the automatic exchange of CbC reports) in effect to which Canada is a party; or

c) there has been a "systemic failure" of the jurisdiction of tax residence of the ultimate parent entity and the CRA has notified the constituent entity of the systemic failure.

A jurisdiction will generally be in a position of "systemic failure" if it has a qualifying competent authority agreement in effect with Canada but it has suspended automatic exchange or it has persistently failed to automatically provide CbC reports in its possession (in respect of MNE groups that have constituent entities in Canada) to Canada.

The MNE group is defined in the legislation and contains three elements. The first element sets out the conditions for two or more entities to form a group based on requirements to prepare consolidated financial statements. The second element sets out the requirement that the group is a multinational by virtue of it having business entities operating in more than one jurisdiction. Finally, the third element provides an exclusion from the definition for "excluded MNE groups", which are groups that had consolidated group revenue of less than €750 million ($797.3 million) during the immediately preceding fiscal year. An MNE group will be exempt from Canadian CbCR obligations for a reporting fiscal year in which it qualifies as an excluded MNE group.

The legislation generally provides that a CbC report in respect of a reporting fiscal year of an MNE group must be filed within 12 months after the last day of the reporting fiscal year, and it applies to reporting fiscal years of MNE groups that begin on or after January 1 2016. The prescribed form for CbC reports has not been published yet, but generally is expected to be based on the template form released by the OECD.

Dan Jankovic (dan.jankovic@blakes.com), Calgary

Blake Cassels & Graydon

Tel: +1 403 260 9725

Website: www.blakes.com

more across site & shared bottom lb ros

More from across our site

The OECD’s project was up for debate as Matt Williams spoke to ITR following BDO’s tax strategist survey, which uncovered increased complexity and costs among multinationals
Sponsored by Deloitte
Sameer Nurmohamed, partner, Deloitte Legal Canada
Sponsored by Deloitte
George Ankomah, partner, Tax & Regulatory Services, Deloitte Africa (Ghana)
The recent spree of firm mergers and acquisitions proves that geographic scale is the name of the game
The big four spin-off firm becomes Taxand’s second UK member; in other news, Haynes Boone launched a UK tax practice
Sponsored by Deloitte Luxembourg
Jean-Michel Henry and Mona El-Begawi of Deloitte Luxembourg examine the complexities created by timing differences in Luxembourg, EU, and OECD tax regimes
Stephanie Pantelidaki’s economic expertise will give Norton Rose Fulbright’s other teams ‘extra firepower,’ she says
Sponsored by MFA Legal & Tech
Samuel Fernandes de Almeida of MFA Legal & Tech assesses whether Portugal’s 7.5% surcharge on non-residents aligns with the EU’s free movement of capital principle and passes the proportionality test
Sponsored by McCarthy Tétrault
Senior McCarthy Tétrault tax practitioners highlight significant updates and implications for multinationals as Canada’s transfer pricing rules become more closely aligned with OECD guidance
Mada has opened simultaneously in Paris and Dubai with an eight-lawyer team from Trinity International
Gift this article