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386. (1) Subparagraphs (a)(iv) and (v) of
the definition ``commercial loan'' in
subsection 449(1) of the Act are replaced by
the following:
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(2) Paragraph (b) of the definition
``commercial loan'' in subsection 449(1) of
the Act is amended by striking out the word
``or'' at the end of subparagraph (iii), by
replacing the word ``and'' at the end of
subparagraph (iv) with the word ``or'' and
by adding the following after subparagraph
(iv):
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(3) Paragraph (c) of the definition
``commercial loan'' in subsection 449(1) of
the Act is amended by striking out the word
``or'' at the end of subparagraph (i) and by
replacing subparagraph (ii) with the
following:
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(4) Paragraphs (b) and (c) of the
definition ``information services
corporation'' in subsection 449(1) of the Act
are replaced by the following:
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(5) The portion of the definition ``special
purpose computer hardware'' in subsection
449(1) of the Act before paragraph (a) is
replaced by the following:
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``special
purpose
computer
hardware'' « matériel informatique spécial »
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``special purpose computer hardware'' means
computer equipment that is integral to the
provision of
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387. (1) Subsection 451(1) of the Act is
replaced by the following:
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Restriction on
substantial
investments
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451. (1) Subject to subsections (2) to (3.1) ,
no company shall acquire or increase a
substantial investment in any entity, other than
an entity referred to in section 453 or 454.
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(2) Paragraph 451(2)(b) of the Act is
replaced by the following:
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(3) The portion of subsection 451(3) of the
Act before paragraph (a) is replaced by the
following:
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Exception:
temporary
investments,
realizations
and loan
workouts
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(3) A company may acquire or increase a
substantial investment in an entity by way of
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(4) Section 451 of the Act is amended by
adding the following after subsection (3):
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Exception:
specialized
financing
corporation
type
investments
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(3.1) A company may acquire or increase a
substantial investment in an entity as
permitted by paragraph 410(1)(d.1).
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388. (1) Paragraph 453(1)(l) of the Act is
replaced by the following:
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(2) Section 453 of the Act is amended by
adding the following after subsection (1):
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Other
permitted
substantial
investments
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(1.1) Subject to Part XI and any terms and
conditions that may be imposed by the
Minister, a company may, with the approval of
the Minister, acquire or increase a substantial
investment in an entity that is not a body
corporate if the activities of the entity are the
same as or substantially similar to those of a
body corporate referred to in any of
paragraphs (1)(b) to (n).
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Exception
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(1.2) Subsection (1.1) does not apply to the
acquisition or increase of a substantial
investment in a real property holding vehicle.
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(3) Subsection 453(3) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a) and by adding the
following after paragraph (a):
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(4) Subsection 453(3) of the Act is
amended by adding the word ``and'' at the
end of paragraph (b) and by adding the
following after paragraph (b):
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(5) Subsections 453(4) to (6) of the Act are
replaced by the following:
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Control not
required
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(4) Notwithstanding paragraphs (3)(a) and
(a.1) , a company need not control a foreign
institution or other body corporate
incorporated elsewhere than in Canada in
which it has a substantial investment, and that
it would otherwise be required by one of those
paragraphs to control, if the laws or
customary business practices of the country
under the laws of which the foreign institution
or body corporate was incorporated do not
permit the company to control the foreign
institution or body corporate.
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Approval for
indirect
investments
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(5) For the purposes of paragraphs (3)(b)
and (c), if a company obtains the prior written
approval of the Minister for the company to
acquire or increase a substantial investment in
a financial institution or a specialized
financing corporation and through that
acquisition or increase the company indirectly
acquires or increases a substantial investment
in another body corporate referred to in any of
paragraphs (1)(d), (k) and (m), and that
indirect acquisition or increase is disclosed in
writing to the Minister before that approval is
obtained, the company is deemed to have
obtained the prior written approval of the
Minister for that indirect acquisition or
increase.
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Acquisition of
legal control
without
control in fact
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(6) A company shall not, without the prior
written approval of the Minister, acquire
control of a body corporate, as authorized by
subparagraph (3)(a)(i), unless it also acquires
control of the body corporate within the
meaning of paragraph 3(1)(d).
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Giving up
control in fact
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(7) A company that acquires control of a
body corporate, as authorized by
subparagraph (3)(a)(i), shall not, without the
prior written approval of the Minister, give up
control of the body corporate within the
meaning of paragraph 3(1)(d) while
continuing to control the body corporate.
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Giving up of
control
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(8) A company that controls a body
corporate referred to in paragraph (3)(a) may
give up control of the body corporate and keep
a substantial investment in the body corporate
if
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389. (1) The portion of subsection 457(1)
of the Act after paragraph (d) is replaced by
the following:
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but the company shall, within five years after
acquiring the shares or ownership interests, do
all things necessary to ensure that the
company does not have a substantial
investment in any entity referred to in
paragraphs (a) to (d).
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(2) Subsections 457(2) and (3) of the Act
are replaced by the following:
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Transitional
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(2) Notwithstanding subsection (1), where
on September 27, 1990 a former-Act company
had an investment in an entity that is a
substantial investment within the meaning of
section 10 and the company later increases
that substantial investment by way of an
investment made under subsection (1), the
company shall, within five years after
increasing the substantial investment, do all
things necessary to ensure that its substantial
investment in the entity is no greater than it
was on September 27, 1990.
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Extension
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(3) The Superintendent may, in the case of
any particular company, extend the period of
five years referred to in subsections (1) and (2)
for any further period or periods, and on any
terms and conditions, that the Superintendent
considers necessary.
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(3) Section 457 of the Act is amended by
adding the following after subsection (5):
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Exception
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(6) Where under subsection (1) a company
acquires a substantial investment in an entity
that it would otherwise be permitted to acquire
or increase under section 453, the company
may continue to hold the substantial
investment if the approval in writing of the
Minister is obtained before the end of the
period referred to in subsection (1) or (2),
including any extension of it granted under
subsection (3).
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390. Subsections 458(2) to (4) of the Act
are replaced by the following:
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Disposition
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(2) Subject to subsection 76(2), where a
company acquires a substantial investment in
an entity by way of the realization of a security
interest held by the company, the company
shall, within five years after the day on which
the substantial investment is acquired, do all
things necessary to ensure that the company
no longer has a substantial investment in the
entity.
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Transitional
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(3) Notwithstanding subsection (2), where
on September 27, 1990 a former-Act company
had an investment in an entity that is a
substantial investment within the meaning of
section 10 and the company later increases
that substantial investment by way of the
realization of a security interest under
subsection (1), the company shall, within five
years after increasing the substantial
investment, do all things necessary to ensure
that its substantial investment in the entity is
no greater than it was on September 27, 1990.
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Extension
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(4) The Superintendent may, in the case of
any particular company, extend the period of
five years referred to in subsections (2) and (3)
for any further period or periods, and on any
terms and conditions, that the Superintendent
considers necessary.
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391. (1) Paragraph 459(a) of the English
version of the Act is replaced by the
following:
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(2) Paragraph 459(b) of the Act is
replaced by the following:
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392. (1) Paragraph 460(1)(b) of the Act is
replaced by the following:
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(2) Subsection 460(3) of the Act is
replaced by the following:
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Exception
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(3) Subsection (1) does not apply to an
investment or interest described in that
subsection if the investment or interest is
defined by a regulation made under section
465 to be an interest in real property and
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393. Paragraph 466(d) of the Act is
replaced by the following:
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394. Subparagraph 467(a)(ii) of the Act is
replaced by the following:
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