Part 6 — Proxies
150 Duty of intermediary
name of an intermediary or a nominee of an intermediary and not
beneficially owned by the intermediary must not be voted unless
the intermediary, without delay after receipt of the notice of the
meeting, management proxy circular, dissident's proxy circular and
any other documents other than the form of proxy sent to
investment shareholders by or on behalf of any person for use in
connection with the meeting, sends a copy of the document to the
beneficial owner and, except when the intermediary has received
written voting instructions from the beneficial owner, a written
request for written voting instructions.
(2) An intermediary may not vote or appoint a proxy holder to vote
investment shares that the intermediary does not beneficially own
registered in the name of the intermediary or in the name of a
nominee of the intermediary unless the intermediary receives
written voting instructions from the beneficial owner.
(3) A person by or on behalf of whom a solicitation is made must
provide, at the request of an intermediary, without delay, to the
intermediary at the person's expense the necessary number of
copies of the documents referred to in subsection (1), other than the
document requesting voting instructions.
(4) An intermediary must vote or appoint a proxy holder to vote
any investment shares referred to in subsection (1) in accordance
with any written voting instructions received from the beneficial
owner.
(5) If requested by a beneficial owner, an intermediary must
appoint the beneficial owner or a nominee of the beneficial owner
as proxy holder.
(6) The failure of an intermediary to comply with this section does
not render null or void any meeting of investment shareholders or
any action taken at the meeting.
(7) Nothing in this section gives an intermediary the right to vote
investment shares that the intermediary is otherwise prohibited
from voting.