1120R2. For the purposes of section 1120R1, a class of units is qualified for distribution to the public if(a) a prospectus, registration statement or similar document has been filed with, and, where required by law, accepted for filing by, a public authority in Canada pursuant to the law of any province or of Canada and there has been a lawful distribution to the public of shares or units of that class in accordance with that document; or
(b) in the case of any class of units any of which were issued and outstanding on 1 January 1972, that class complied on that date with the conditions of paragraph b of section 1120R1.