368. (1) When a notice or document is required to be sent to the Director under this Act, the Director may accept a photostatic or photographic copy of it.
Marginal note:Electronic or other submission of documents, information or fees
(2) Except to the extent that may otherwise be prescribed, notices, documents, information or fees that are authorized or required to be submitted to, or issued by, the Director under this Act may be submitted or issued in electronic or other form in any manner fixed by the Director.
Marginal note:Time of receipt
(3) For the purposes of this Act, a document, information or a fee that is submitted in accordance with subsection (2) is deemed to have been received by the Director at the time provided by the regulations.
Marginal note:Storage of documents or information in electronic or other form
(4) Subject to the regulations, a document or information that is received by the Director under this Act in electronic or other form may be entered or recorded by an information storage device, including a system of mechanical or electronic data processing, that is capable of reproducing stored documents or information in intelligible form within a reasonable time.
Marginal note:When notices or documents need not be sent
369. The Director may, on any conditions that the Director considers appropriate, determine that notices or documents or classes of notices or documents need not be sent to the Director under this Act if they are notices or documents that contain information similar to information contained in notices or documents required to be made public under any other Act of Parliament or under an Act of the legislature of a province.
Marginal note:Proof required by Director
370. (1) The Director may require that a document or a fact stated in a document required by this Act or the regulations to be sent to the Director be verified in accordance with subsection (2).
Marginal note:Form of proof
(2) A document or fact that the Director requires to be verified may be verified by affidavit or by statutory declaration under the Canada Evidence Act before any commissioner for oaths or for taking affidavits.
Appointment of Director
371. The Minister may appoint a Director and one or more Deputy Directors to perform the duties and exercise the powers of the Director under this Act.
372. (1) The Governor in Council may make regulations
(a) providing for anything that by this Act is to be prescribed or provided for by the regulations;
(b) defining, enlarging or restricting the meaning of any word or expression used but not defined in this Act;
(c) prescribing the fees or the manner of determining the fees that may be charged in respect of the filing, verification or copying of a document under this Act or under a regulation made under this Act, or in respect of any services provided by the Director;
(d) respecting the payment of any fees, including the time when and the manner in which the fees are to be paid, the additional fees that may be charged for the late payment of fees and the circumstances in which any fees previously paid may be refunded in whole or in part;
(d.1) prescribing, for the purposes of subsection 58(2.1), a manner of determining the number of investment shares required for a person to be eligible to make a proposal, including the time and manner of determining a value or percentage of the outstanding investment shares;
(d.2) prescribing, for the purposes of paragraph 58(4)(d), the minimum amount of support required in relation to the number of times the person has submitted substantially the same proposal within the prescribed period;
(e) prescribing rules with respect to exemptions permitted by this Act;
(f) prescribing that, for the purpose of paragraph 247(1)(a), the standards as they exist from time to time of an accounting body named in the regulations are to be followed;
(g) prescribing any matter necessary for the purposes of the application of Part 21.1, including the time and circumstances when an electronic document is to be considered to have been provided or received and the place where it is considered to have been provided or received;
(h) prescribing the manner of, and conditions for, participating in a meeting by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting; and
(i) prescribing, for the purposes of subsection 65(3), the manner of, and conditions for, voting at a meeting of a cooperative by means of a telephonic, electronic or other communication facility.
Marginal note:Incorporation by reference
(2) The regulations may incorporate any material by reference, regardless of its source and either as it exists on a particular date or as amended from time to time.
Marginal note:Incorporated material is not a regulation
(3) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.
- 1998, c. 1, s. 372;
- 2001, c. 14, s. 227.
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