Trust and Loan Companies Act — T-19.8 539.04
Consent and other requirements 539.04 (1) Despite anything in this Part, but subject to subsections (3) and (4), a requirement under this Act or the regulations to provide a notice, document or other information is not satisfied by providing an electronic document unless (a) the addressee consents and designates an information system for the receipt of the electronic document; (b) the electronic document is, unless otherwise prescribed, provided to the designated information system; and (c) the prescribed requirements are complied with. Consent and notice in electronic form (1.1) Despite subsection (1), the requirements referred to in paragraph (1)(c) may provide that the consent referred to in paragraph (1)(a) and any notice related to that consent may be provided in electronic form. Regulations — revocation of consent (2) The Governor in Council may make regulations respecting the revocation of the consent referred to in paragraph (1)(a). Notice-and-access — distributing companies (3) Subsection (1) does not apply in respect of the provision of a document or other information, including a proxy circular, to shareholders of a distributing company for use in connection with a meeting for which notice referred to in subsection 141(1) is sent if (a) a notice of availability of documents or other information for use in connection with the meeting is sent in accordance with the rules governing notice-and-access set out in NI 51-102 or NI 54-101; (b) the notice is accompanied by any form of proxy and written request for voting instructions that are required to be sent under this Act; and (c) the document or other information is made available as an electronic document in accordance with the rules governing notice-and-access set out in NI 51-102 or NI 54-101. Notice-and-access — companies that are not distributing (4) Subsection (1) does not apply in respect of the provision of a document or other information, including a proxy circular, to shareholders of a company that is not a distributing company for use in connection with a meeting for which notice referred to in subsection 141(1) is sent if (a) a notice of availability of documents or other information for use in connection with the meeting is sent to the shareholders that contains only (i) the time and place of the meeting, (ii) a statement that the documents or other information for use in connection with the meeting are available as electronic documents on the website of the company, (iii) the address of the website of the company on which the documents or other information are available, (iv) a statement that no paper copies of any document or other information for use in connection with the meeting will be sent unless they are requested, (v) instructions on how to request the paper copies, (vi) a description of the matters to be voted on during the meeting, and (vii) a description of the voting procedures; (b) the notice is accompanied by any form of proxy and written request for voting instructions that are required to be sent under this Act; and (c) the document or other information is made available to shareholders as an electronic document by making it available on the website of the company. Documents available on website (5) For the purposes of paragraph (4)(c), a document or other information is considered to be available as an electronic document only if (a) it is available on the website on or before the day on which the notice referred to in paragraph (4)(a) is sent; (b) it remains available on the website for at least one year; and (c) it is in an accessible, printable and searchable format. Requests for paper copies (6) On the request of a shareholder of a company that is not a distributing company, paper copies of the following documents or other information must be sent by prepaid mail addressed to, or delivered personally to, the shareholder at their latest address as shown in the records of the company, or of its transfer agent: (a) any document or other i