743.1. A qualified dividend is not to be included in the aggregate determined under any of paragraphs a to c of section 743 where the taxpayer referred to in that section establishes that(a) it was received when the taxpayer and persons with whom the taxpayer was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and
(b) it was received on a share that the taxpayer owned throughout the 365-day period that ended immediately before the disposition of the share by the taxpayer.