Document ID: chunk:federal_register_of_legislation:C2004A03415:body:0:p39
Version: federal_register_of_legislation:C2004A03415
Segment Type: other
Provision Reference: 
Character Range: 96988–99620

orderly market in those securities; or
        (ii) the total number of those securities offered for sale on stock markets of participating exchanges or Exchange subsidiaries at times during that period when there exists an orderly market in those securities is insufficient;
    it is not reasonably practicable for the Corporation to obtain before the end of that period, otherwise than from the dealer, settlement documents in relation to the purchase;
the Board may determine to pay to the claimant the amount that, as at the time when the claimant became entitled to make the claim, was the amount

of the actual pecuniary loss suffered by the claimant in respect of the purchase, and if the Board does so, the Corporation shall pay that amount to the claimant.

Making of claims
"122p. (1) Subsection 122j (1) or 122k (1) does not entitle a person to make a claim in respect of:
     (a) a sale of securities by the person to another person; or
     (b) a purchase of securities by the person from another person;
as the case may be, unless, on the day on which the agreement for the sale or purchase was entered into:
     (c) the first-mentioned person was a member organisation of a participating exchange and carried on in the Territory a business of dealing in securities; and
     (d) the other person was a member organisation of a participating exchange.
"(2) Subsection 122l (1) or 122m (1) does not entitle a person to make a claim in respect of:
     (a) a sale of securities by another person on behalf of the first-mentioned person; or
     (b) a purchase of securities by another person on behalf of the first-mentioned person;
as the case may be, unless, on the day on which the agreement for the sale or purchase was entered into, the other person was a member organisation of a participating exchange and carried on in the Territory a business of dealing in securities.
"(3) Where:
     (a) a provision of a law of a participating State or participating Territory that corresponds with subsection 122j (1), 122k (1), 122l (1) or 122m (1) entitles a person to make a claim in respect of a transaction; and
     (b) the Corporation allows the claim;
the Corporation shall not allow a claim that that subsection entitles a person to make in respect of the transaction.
"(4) In subsections (1), (2) and (3), 'person' includes a partnership.
"(5) A claim shall be in writing and shall be served on the Corporation within 6 months after the day on which the claimant became entitled to make the claim.
"(6) A claim that is not made within the period prescribed by subsection (5) is barred unless the Board otherwise