Eldorado Nuclear Limited Reorganization and Divestiture Act — E-1.7 5
 the purpose of distributing the voting securities to the public; or (b) by any person who provides centralized facilities for the clearing of trades in securities and is acting in relation to trades in the voting securities solely as an intermediary in the payment of funds or the delivery of the securities, or both. Special shares (6) Where the articles of the new corporation provide for a class of shares, the primary purpose of which is to permit the holder of the shares to vote separately as a class in respect of any proposal to transfer the location of the registered office or the head office operations of the new corporation to a different jurisdiction, the holder of the shares shall, except as provided in subsection (7), have no right to vote separately as a class in respect of any other matter in respect of which shareholder approval may be sought. Voting rights (7) The holder of the shares of a class referred to in subsection (6) shall have the right to vote separately as a class in respect of (a) a proposal for amalgamation where the amalgamation agreement contains a provision whereby the registered office or the head office operations of the amalgamated corporation would be located in a different jurisdiction or a provision that would, if contained in a proposal to amend the articles of the new corporation, entitle the holder of the shares to vote separately as a class pursuant to paragraph (b); (b) a proposal for amending the articles of the new corporation so as to (i) increase or decrease any maximum number of authorized shares of the class, (ii) effect an exchange, reclassification or cancellation of all or part of the shares of the class, (iii) add, change or remove the rights, privileges, restrictions or conditions relating to the shares of the class, or (iv) effect an exchange or create a right of exchange of all or part of the shares of another class into the shares of the class; and (c) any other proposal in respect of which shareholder approval is sought where the proposal affects the location of the registered office or head office operations of the new corporation or affects the right of the holder of the class of shares to vote separately as a class in respect of the transfer of the location of the registered office or the head office operations of the new corporation to a different jurisdiction. Associates (8) For the purposes of this section, a person is an associate of another person if (a) one is a corporation which the other is an officer or director; (b) one is a corporation that is controlled by the other or by a group of persons of which the other is a member; (c) one is a partnership of which the other is a partner; (d) one is a trust of which the other is a trustee; (e) both are corporations controlled by the same person; (f) both are members of a voting trust or parties to an arrangement that relates to voting securities of the new corporation; or (g) both are at the same time associates, within the meaning of any of paragraphs (a) to (f), of the same person. Exceptions (9) Notwithstanding subsection (8), for the purposes of this section, (a) where a resident who, but for this paragraph, would be an associate of a non-resident submits to the new corporation a statutory declaration stating that no voting securities of the new corporation held or to be held by the resident are or will be, to the resident’s knowledge, held in the right of, or for the use or benefit of, the resident or in the right of, for the use or benefit of, or under the control of, any non-resident of which, but for this paragraph, the resident would be an associate, that resident and that non-resident are not associates so long as the voting securities held by the resident are not held contrary to the statements made in the declaration; (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 ne