It is clear from the jurisprudence that to determine when a director ceases to hold office one must examine the incorporating legislation. See The Queen v. Kalef, [1996] 2 C.T.C. 1 (F.C.A.) at paragraph 10: The Income Tax Act neither defines the term director, nor establishes any criteria for when a person ceases to hold such a position. Given the silence of the Income Tax Act, it only makes sense to look to the company's incorporating legislation for guidance. …
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