Canada Business Corporations Regulations, 2001

55 A form of proxy may confer discretionary authority in respect of amendments to matters identified in the notice of meeting or other matters that may properly come before the meeting if

• (a) the person by whom or on whose behalf the solicitation is made is not aware within a reasonable time before the solicitation that the amendments or other matters are to be presented for action at the meeting; and

• (b) the form of proxy, the management proxy circular or the dissident’s proxy circular specifically confers discretionary authority.