51-102F2 - Annual Information Form [F Amendment Advance Notice - Lapsed]
| Published Date: | 2007-10-12 |
|---|---|
| Effective Date: | 2007-12-31 |
| Document(s): |
Concurrently Published:
1. Form 51-102F2 Annual Information Form is amended by this Instrument.
2. Form 51-102F2 is amended by,
a. repealing subsection 10.2(1) and substituting the following:
(1) If a director or executive officer of your company is, as at the date of the AIF, or was within 10 years before the date of the AIF, a director, chief executive officer or chief financial officer of any company (including your company), that:
(a) was subject to an order that was issued while the director or executive officer was acting in the capacity as director, chief executive officer or chief financial officer, or
(b) was subject to an order that was issued after the director or executive officer ceased to be a director, chief executive officer or chief financial officer and which resulted from an event that occurred while that person was acting in the capacity as director, chief executive officer or chief financial officer,
state the fact and describe the basis on which the order was made and whether the order is still in effect.
(1.1) For the purposes of subsection (1), "order" means
(a) a cease trade order;
(b) an order similar to a cease trade order; or
(c) an order that denied the relevant company access to any exemption under securities legislation, that was in effect for a period of more than 30 consecutive days.
(1.2) If a director or executive officer of your company, or a shareholder holding a sufficient number of securities of your company to affect materially the control of your company
(a) is, as at the date of the AIF, or has been within the 10 years before the date of the AIF, a director or executive officer of any company (including your company) that, while that person was acting in that capacity, or within a year of that person ceasing to act in that capacity, became bankrupt, made a proposal under any legislation relating to bankruptcy or insolvency or was subject to or instituted any proceedings, arrangement or compromise with creditors or had a receiver, receiver manager or trustee appointed to hold its assets, state the fact; or
(b) has, within the 10 years before the date of the AIF, become bankrupt, made a proposal under any legislation relating to bankruptcy or insolvency, or become subject to or instituted any proceedings, arrangement or compromise with creditors, or had a receiver, receiver manager or trustee appointed to hold the assets of the director, executive officer or shareholder, state the fact.
b. in Instruction (i) after subsection 10.2(3), adding ", (1.2)" after "subsections (1)", wherever it appears,
c. repealing Instruction (ii) after subsection 10.2(3) and substituting the following:
(ii) A management cease trade order which applies to directors or executive officers of a company is an "order" for the purposes of paragraph 10.2(1)(a) and must be disclosed, whether or not the director, chief executive officer or chief financial officer was named in the order.
d. adding the following as Instruction (iv) after subsection 10.2(3):
(iv) The disclosure in paragraph 10.2(1)(a) only applies if the director or executive officer was a director, chief executive officer or chief financial officer when the order was issued against the company. You do not have to provide disclosure if the director or executive officer became a director, chief executive officer or chief financial officer after the order was issued.
e. repealing section 18.1 and substituting the following:
18.1 Additional Disclosure
For companies that are not required to send a Form 51-102F5 to any of their securityholders, disclose the information required under Items 6 to 10, 12 and 13 of Form 51-102F5, as modified below, if applicable:
| Form 51-102F5 Reference | Modification |
| Item 6 - Voting Securities and Principal Holders of Voting Securities | Include the disclosure specified in section 6.1 without regard to the phrase "entitled to be voted at the meeting". Do not include the disclosure specified in sections 6.2, 6.3 and 6.4. Include the disclosure specified in section 6.5. |
| Item 7 - Election of Directors | Disregard the preamble of section 7.1. Include the disclosure specified in section 7.1 without regard to the word "proposed" throughout. Do not include the disclosure specified in section 7.3. |
| Item 8 - Executive Compensation | Disregard the preamble and paragraphs (a), (b) and (c) of Item 8. A company that does not send a management information circular to its securityholders must provide the disclosure required by Form 51-102F6. |
| Item 9 - Securities Authorized for Issuance under Equity Compensation Plans | Disregard subsection 9.1(1). |
| Item 10 - Indebtedness of Directors and Executive Officers | Include the disclosure specified throughout; however, replace the phrase "date of the information circular" with "date of the AIF" throughout. Disregard paragraph 10.3(a) |
| Item 12 - Appointment of Auditor | Name the auditor. If the auditor was first appointed within the last five years, state the date when the auditor was first appointed." |
3. This amendment comes into force December 31, 2007.