Eldorado Nuclear Limited Reorganization and Divestiture Act — E-1.7 5
aration; (b) two corporations are not associates pursuant to paragraph (8)(g) by reason only that under paragraph (8)(a) each is an associate of the same individual; and (c) where it appears to the new corporation that any person holds, beneficially owns or controls voting securities to which are attached not more than the lesser of four one hundredths of one per cent of the votes that may ordinarily be cast to elect directors of the new corporation and ten thousand such votes, that person is not an associate of anyone else and no one else is an associate of that person. Definitions (10) In this section, control means control in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, an agreement, the ownership of any body corporate or otherwise; ( contrôle ) corporation includes a body corporate, partnership or unincorporated organization; ( société ) non-resident means (a) an individual, other than a Canadian citizen, who is not ordinarily resident in Canada, (b) a corporation incorporated, formed or otherwise organized outside Canada, (c) a foreign government or an agency thereof, (d) a corporation that is controlled by non-residents as defined in any of paragraphs (a) to (c), (e) a trust (i) established by a non-resident as defined in any of paragraphs (b) to (d), other than a trust for the administration of a pension fund for the benefit of individuals a majority of whom are residents, of (ii) in which non-residents as defined in any of paragraphs (a) to (d) have more than fifty per cent of the beneficial interest, or (f) a corporation that is controlled by a trust described in paragraph (e); ( non-résident ) person includes any individual, corporation, government or agency thereof, executor, administrator or other legal representative; ( personne ) resident means an individual, corporation, government or agency thereof or trust that is not a non-resident; ( résident ) restricted share means a share of an issuer that carries a residual right to participate to an unlimited degree in the earnings of the issuer and in its assets on liquidation or winding-up and includes any such share (a) that carries a right to vote subject to a limit or restriction on the number or percentage of shares that may be voted by a person or group of persons, or (b) that is part of a class or series of shares in respect of which the allocation of voting rights does not reasonably relate to the equity interest in the issuer of the class or series, having regard to the voting rights and equity interests in the issuer pertaining to each class and series of shares of the issuer, but does not include any such share (c) to which are attached voting rights exercisable in all circumstances, irrespective of the number of shares owned by the holder of the share, which voting rights are not less, on a per share basis, than the voting rights attached to any other shares of an outstanding class of shares of the issuer, or (d) by reason only that it is subject to any restriction imposed pursuant to this Act or any constraint imposed pursuant to section 168 of the Canada Business Corporations Act or the regulations made under that section; ( action à restrictions ) voting security means a share or other security of the new corporation carrying full voting rights under all circumstances or under some circumstances that have occurred and are continuing, and includes (a) a security currently convertible into such a share or other security, and (b) currently exercisable options and rights to acquire such a share or other security or such a convertible share or other security. ( valeur mobilière avec droit de vote ) 1988, c. 41, s. 5; 2001, c. 18, s. 1