S-31.1 - Business Corporations Act

Section 200 Disposition versions

2011-02-14

200. A corporation is not required to comply with sections 196 and 197 if

(1)  the shareholder proposal is not submitted to the corporation within the period prescribed by government regulation;

(2)  the primary purpose of the proposal is to enforce a personal claim or redress a personal grievance against the corporation or its directors, officers or shareholders;

(3)  the primary purpose of the proposal does not relate in a significant way to the business or affairs of the corporation, including making or amending by-laws, amending the articles or liquidating or dissolving the corporation;

(4)  within the period, prescribed by government regulation, before the receipt of a proposal, a person failed to present, at a shareholders meeting, a proposal that, at the person’s request, had been attached to a management proxy circular or the notice of meeting;

(5)  substantially the same proposal attached to a management proxy circular or a dissident’s proxy circular was presented to the shareholders at a shareholders meeting held within the period, prescribed by government regulation, before the receipt of the proposal and did not receive at the meeting the minimum amount of support prescribed by government regulation; or

(6)  the right to present a proposal is being abused to secure publicity.

2009, c. 52, s. 200.