The Double Taxation Relief (Taxes on Income) (Canada) Order 1980

ARTICLE 23 Mutual Agreement Procedure

1.  Where a resident of a Contracting State considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with this Convention, he may, without prejudice to the remedies provided by the national laws of those States, address to the competent authority of the Contracting State of which he is a resident an application in writing stating the grounds for claiming the revision of such taxation.

2.  The competent authority referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at an appropriate solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention.

3.  The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. In particular, the competent authorities of the Contracting States may reach agreement on:

(a) the same attribution of profits to a resident of a Contracting State and its permanent establishment situated in the other Contracting State;

(b) the same allocation of income between a resident of a Contracting State and any associated person provided for in Article 9.