Marginal note:Regulations — distributing association
2.1 (1) The Governor in Council may make regulations respecting the determination of what constitutes a distributing association for the purposes of this Act.
Marginal note:Exemption — association
(2) On the application of an association, the Superintendent may determine that it is not or was not a distributing association if the Superintendent is satisfied that the determination would not prejudice any of its security holders.
Marginal note:Exemption — class of associations
(3) The Superintendent may determine that members of a class of associations are not or were not distributing associations if the Superintendent is satisfied that the determination would not prejudice any security holder of a member of the class.
- 2005, c. 54, s. 141.
3. (1) For the purposes of this Act,
(a) a person controls a body corporate if securities of the body corporate to which are attached more than 50 per cent of the votes that may be cast to elect directors of the body corporate are beneficially owned by the person and the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the body corporate;
(b) a person controls an unincorporated entity, other than a limited partnership, if more than 50 per cent of the ownership interests, however designated, into which the entity is divided are beneficially owned by that person and the person is able to direct the business and affairs of the entity;
(c) the general partner of a limited partnership controls the limited partnership;
(d) a person controls a cooperative corporation if the person has the right to exercise more than 50 per cent of the votes that may be cast at an annual meeting or to appoint or elect the majority of the directors of the corporation; and
(e) a person controls an entity if the person has any direct or indirect influence that, if exercised, would result in control in fact of the entity.
Marginal note:Deemed control
(2) A person who controls an entity is deemed to control any entity that is controlled, or deemed to be controlled, by the entity.
Marginal note:Deemed control
(3) A person is deemed to control, within the meaning of paragraph (1)(a), (b) or (d), an entity if the aggregate of
(a) any securities of the entity that are beneficially owned by that person, and
(b) any securities of the entity that are beneficially owned by any entity controlled by that person
is such that, if that person and all of the entities referred to in paragraph (b) that beneficially own securities of the entity were one person, that person would control the entity.
(4) The Minister may, for any purpose of any provision of this Act that refers to control within the meaning of paragraph (1)(e), make guidelines respecting what constitutes such control, including guidelines describing the policy objectives that the guidelines and the relevant provisions of the Act are intended to achieve and, if any such guidelines are made, the reference to paragraph (1)(e) in that provision shall be interpreted in accordance with the guidelines.
- 1991, c. 48, s. 3;
- 2001, c. 9, s. 249.
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