744.0.1. A qualified dividend is not to be included in the aggregate determined under any of paragraphs a to c of section 744 where the shareholder referred to in that section establishes that(a) it was received when the shareholder and persons with whom the shareholder was not dealing at arm’s length did not hold 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 shareholder held throughout the 365-day period that ended at the time referred to in section 744.