Part 6 — Proxies
147 Soliciting proxies
circular described in subsection (2) is sent to the auditor of the
cooperative, to each investment shareholder whose proxy is
solicited, to each director and, if subsection (2)(b) applies, to the
cooperative.
(2) The circular that is to be sent under subsection (1) is
(a) in the case of a solicitation by or on behalf of the
management of a cooperative, a management proxy circular
in the prescribed form, either as an appendix to or as a
separate document accompanying the notice of the meeting,
and
(b) in the case of any other solicitation, a dissident's proxy
circular in the prescribed form stating the purposes of the
solicitation.
(3) If the cooperative is a distributing cooperative, a copy of any
management proxy circular or dissident's proxy circular sent under
subsection (1) must be sent to the Executive Director together with
a statement in the prescribed form and a copy of any notice of
meeting, form of proxy and any other documents for use in
connection with the meeting.
(4) Notwithstanding subsection (1), a person may commence a
solicitation if the person has filed a preliminary proxy circular with
the cooperative and with the Executive Director, as long as the
form of proxy is not sent before the proxy circular in final form is
sent.
(5) A management proxy circular need not be sent
(a) if all the investment sha reholders of a cooperative are
members, and
(b) if the management has sent to the investment shareholders
substantially the same information as that required to be sent
in the circular, not less than 21 days and not more than 60
days before the meeting at which the vote to which the
circular relates is to be held.
2001 cC-28.1 s147;2022 c16 s3(31)