- Statement of Ownership (SC 13G)
22 Oktober 2008 - 11:01PM
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(Amendment No. )*
Fording Canadian Coal Trust
(Name of Issuer)
Trust Units
(Title of Class of Securities)
345425102
(CUSIP Number)
October 13, 2008
(Date of Event Which Requires Filing of this Statement)
Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
o
Rule 13d-1(b)
þ
Rule 13d-1(c)
o
Rule 13d-1(d)
* The remainder of this cover page shall be filled out for a reporting
persons initial filing on this form with respect to the subject class of securities, and
for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.
The information required in the remainder of this cover page shall not be
deemed to be filed for the purpose of Section 18 of the Securities Exchange Act of
1934 (Act) or otherwise subject to the liabilities of that section of the Act but shall
be subject to all other provisions of the Act (however, see the Notes).
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CUSIP No.
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345425102
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Page
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2
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of
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5
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1
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NAMES OF REPORTING PERSONS
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THE BANK OF NOVA SCOTIA
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2
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CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS)
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(a)
o
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(b)
o
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3
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SEC USE ONLY
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4
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CITIZENSHIP OR PLACE OF ORGANIZATION
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CANADIAN CHARTERED BANK
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5
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SOLE VOTING POWER
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NUMBER OF
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29,678,962
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SHARES
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6
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SHARED VOTING POWER
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BENEFICIALLY
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OWNED BY
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EACH
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7
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SOLE DISPOSITIVE POWER
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REPORTING
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PERSON
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29,678,962
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WITH:
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8
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SHARED DISPOSITIVE POWER
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9
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AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
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29,678,962
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10
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CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS)
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o
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11
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PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
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19.76%
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12
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TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
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BK
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Item 1.
Item 1(a) Name of issuer: Fording Canadian Coal Trust
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Item 1(b) Address of issuers principal executive offices:
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1000, 205 9
th
Avenue S.E.
Calgary, Alberta
T2G 0R4
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Item 2.
2(a) Name of person filing: The Bank of Nova Scotia
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2(b) Address or principal business office or, if none, residence:
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68
th
Floor
40 King Street West
Toronto, Ontario
M5H 1H1
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2(c) Citizenship: Canadian Chartered Bank
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2(d) Title of class of securities: Trust units
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2(e) CUSIP No.: 345425102
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Item 3.
If this statement is filed pursuant to Rules 13d-1(b), or 13d-2(b) or (c), check whether the person
filing is a:
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a.
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o
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Broker or dealer registered under Section 15 of the Act.
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b.
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þ
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Bank as defined in Section 3(a)(6) of the Act.
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c.
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o
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Insurance company as defined in Section 3(a)(19) of the Act.
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d.
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o
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Investment company registered under Section 8 of the Investment Company Act of 1940.
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e.
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o
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An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E);
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f.
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o
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An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F);
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g.
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o
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A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G);
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h.
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o
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A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);
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i.
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o
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A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940;
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j.
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o
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Group, in accordance with Rule 13d-1(b)(1)(ii)(J).
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3
Item 4.
Ownership
Provide the following information regarding the aggregate number and percentage of the class of
securities of the issuer identified in Item 1.
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a.
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Amount beneficially owned: 29,678,962
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b.
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Percent of class: 19.76%
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c.
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Number of shares as to which such person has:
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i.
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Sole power to vote or to direct the vote 29,678,962
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ii.
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Shared power to vote or to direct the vote
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iii.
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Sole power to dispose or to direct the disposition of 29,678,962
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iv.
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Shared power to dispose or to direct the disposition of
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Item 5.
Ownership of 5 Percent or Less of a Class. If this statement is being filed to report the fact that
as of the date hereof the reporting person has ceased to be the beneficial owner of more than 5
percent of the class of securities, check the following
o
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Item 6
. Ownership of More than 5 Percent on Behalf of Another Person
Not Applicable
Item 7.
Identification and Classification of the Subsidiary Which Acquired the Security Being
Reported on by the Parent Holding Company or Control Person.
Not Applicable
Item 8.
Identification and Classification of Members of the Group
Not Applicable
Item 9.
Notice of Dissolution of Group
Not Applicable
4
Item 10.
Certifications
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By signing below I certify that, to the best of my knowledge and belief, the
securities referred to above were not acquired and are not held for the purpose of or
with the effect of changing or influencing the control of the issuer of the securities
and were not acquired and are not held in connection with or as a participant in any
transaction having that purpose or effect.
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SIGNATURE
After reasonable inquiry and to the best of my knowledge and belief, I certify that the information
set forth in this statement is true, complete and correct.
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Dated October 22, 2008
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By:
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/s/ Michael Durland
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Name:
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Michael Durland
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Title:
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Co-Chairman and Co-CEO, Scotia Capital,
a division of The Bank of Nova Scotia
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