Document ID: chunk:federal_register_of_legislation:C2004A04707:front:0:p31
Version: federal_register_of_legislation:C2004A04707
Segment Type: other
Provision Reference: 
Character Range: 79203–82219

in another document. This should be taken into account when considering whether the prospectus is deficient.

"(2) As soon as practicable after becoming so aware, the corporation must lodge a supplementary prospectus or a replacement prospectus that corrects the deficiency and that complies with whichever of sections 1024A and 1024B applies.

Changes or new matters requiring the issue of a supplementary or replacement prospectus

"1024.(1) This section applies if a prospectus relating to securities of a corporation has been lodged and the corporation becomes aware, during the application period in relation to the prospectus, that:

SCHEDULE 2—continued

    (a) there has been a significant change affecting a matter included in the prospectus; or

    (b) a significant new matter has arisen the inclusion in the prospectus of information about which would have been required by this Part if the matter had arisen when the prospectus was prepared.

"(2) As soon as practicable after becoming so aware, the corporation must lodge a supplementary prospectus or a replacement prospectus that contains particulars of the change or new matter and that complies with whichever of sections 1024A and 1024B applies.

General provisions about supplementary prospectuses

"1024A.(1) A supplementary prospectus is a document the purpose of which is to do either or both of the following in relation to a prospectus (the 'original prospectus'):

  (a) correct a deficiency in the prospectus;

     (b) provide particulars about something that has occurred since the prospectus was prepared.

    Note 1: Because of subsections 1024C(2), 1024F(1) and 1024G(3), a prospectus may be taken to include information in another document. This should be taken into account when considering whether the prospectus contains a deficiency.

    Note 2: The power to issue a supplementary prospectus is not limited to the situations dealt with in sections 1023B and 1024.

"(2) On each page of a supplementary prospectus there must be a clear statement in bold type that states that the document is a supplementary prospectus that is to be read in conjunction with:

  (a) the original prospectus; and

     (b) if other supplementary prospectuses have already been issued in relation to the original prospectus—those supplementary prospectuses.

  "(3) The statement must clearly identify:

  (a) the original prospectus; and

    (b) if paragraph (2)(b) applies—the supplementary prospectuses to which that paragraph refers.

"(4) Unless the context otherwise requires, a reference to a prospectus in any of the provisions referred to in the following paragraphs includes a reference to a supplementary prospectus:

  (a) sections 994, 995 and 996;

  (b) sections 1006 to 1012, inclusive;

  (c) subsections 1021(2), (3), (4), (10), (13) and (14);

  (d) sections 1023A, 1024F, 1029, 1031, 1032 and 1033.

SCHEDULE 2—continued

  "(5) In this section:

'deficiency', in relation to a prospectus, includes, but is not limited to: