On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 18/04/2013.
60.
—(1) A unitholder of a registered business trust entitled to attend and vote at a meeting of the unitholders of the registered business trust, or at a meeting of any class of unitholders of the registered business trust, shall be entitled to appoint another person or persons, whether a unitholder or not, as his proxy to attend and vote instead of the unitholder at the meeting.
(2) A proxy appointed under subsection (1) to attend and vote at a meeting of the unitholders of a registered business trust instead of a unitholder of the registered business trust shall also have the same right as the unitholder to speak at the meeting, but unless the trust deed otherwise provides —
(a)
a proxy shall not be entitled to vote except on a poll;
(b)
a unitholder shall not be entitled to appoint more than 2 proxies to attend and vote at the same meeting; and
(c)
where a unitholder appoints 2 proxies, the appointments shall be invalid unless he specifies the proportions of his holdings to be represented by each proxy.
(3) The trustee-manager of a registered business trust shall, in every notice calling a meeting of the unitholders of the registered business trust or a meeting of any class of unitholders of the registered business trust, provide with reasonable prominence a statement as to the rights of a unitholder to appoint proxies to attend and vote instead of the unitholder, and that a proxy need not also be a unitholder.
(4) Any trustee-manager of a registered business trust which authorises or permits an invitation to appoint as proxy a person or one of a number of persons specified in the invitation to be issued at the expense of the registered business trust to only some of the unitholders of the registered business trust entitled to be sent a notice of the meeting and to vote thereat by proxy shall be guilty of an offence.
(5) No person shall be guilty of an offence under subsection (4) by reason only of the issue to a unitholder of a registered business trust at his request of a form of appointment naming the proxy or a list of persons willing to act as proxies if the form or list is available on request in writing to every unitholder entitled to vote at the meeting by proxy.
(6) Any trustee-manager of a registered business trust which authorises or permits an invitation to appoint as proxy a person or one of a number of persons specified in the invitation to be issued or circulated shall be guilty of an offence unless the invitation is accompanied by a form of proxy which shall entitle the unitholder of the registered business trust to direct the proxy to vote either for or against the resolution.
(7) Any trustee-manager of a registered business trust which contravenes subsection (3) shall be guilty of an offence.
[Companies 1994 Ed., s. 181]