637.3. Section 637 does not apply in respect of a taxpayer’s disposition of a partnership interest to a person not resident in Canada if(a) property of the partnership is used, immediately before and immediately after the acquisition of the interest by that person, in carrying on a business in an establishment situated in Canada; and
(b) the fair market value of all the property referred to in paragraph a is not less than 90% of the fair market value of all property of the partnership.