-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, GQNmIiIffcSw3Qbe89q0stApGlckZlsNOSZyHRGZEKE9aK6A6LRMukfIXIEa/KRf gbJcWkrlTKF+nt5aKOFKfA== 0000909567-08-001188.txt : 20081113 0000909567-08-001188.hdr.sgml : 20081113 20081113162111 ACCESSION NUMBER: 0000909567-08-001188 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20081113 DATE AS OF CHANGE: 20081113 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: FORDING CANADIAN COAL TRUST CENTRAL INDEX KEY: 0001158113 STANDARD INDUSTRIAL CLASSIFICATION: BITUMINOUS COAL & LIGNITE SURFACE MINING [1221] IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-62313 FILM NUMBER: 081185247 BUSINESS ADDRESS: STREET 1: SUITE 1000, 205-9TH AVE SE CITY: CALGARY STATE: A0 ZIP: T2G 0R4 MAIL ADDRESS: STREET 1: SUITE1000, 205-9TH AVENUE SE CITY: CALGARY STATE: A0 ZIP: 9999999999 FORMER COMPANY: FORMER CONFORMED NAME: FORDING INC DATE OF NAME CHANGE: 20020802 FORMER COMPANY: FORMER CONFORMED NAME: FORDING ARRANGEMEN INC DATE OF NAME CHANGE: 20010824 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: BANK OF NOVA SCOTIA / CENTRAL INDEX KEY: 0000009631 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 134941099 FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 44 KING STREET WEST STREET 2: SCOTIA PLAZA 8TH FL. CITY: TORONTO STATE: A6 ZIP: M5H 1H1 BUSINESS PHONE: (416)866-3397 MAIL ADDRESS: STREET 1: 44 KING STREET WEST STREET 2: SCOTIA PLAZA 8TH FL. CITY: TORONTO STATE: A6 ZIP: M5H 1H1 SC 13G/A 1 o42452sc13gza.htm SC 13G/A SC 31G/A
     
 
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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. 1)*

Fording Canadian Coal Trust
(Name of Issuer)
Trust Units
(Title of Class of Securities)
345425102
(CUSIP Number)
October 30, 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 person’s 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).

 
 

 

                     
CUSIP No.
  
345425102 
   Page  
2 
   of   
5 

 

           
1   NAMES OF REPORTING PERSONS
 
    THE BANK OF NOVA SCOTIA 
     
2   CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS)
  (a)   o
  (b)   o
     
3   SEC USE ONLY
   
   
     
4   CITIZENSHIP OR PLACE OF ORGANIZATION
   
  CANADIAN CHARTERED BANK
       
  5   SOLE VOTING POWER
     
NUMBER OF   0
       
SHARES 6   SHARED VOTING POWER
BENEFICIALLY    
OWNED BY  
       
EACH 7   SOLE DISPOSITIVE POWER
REPORTING    
PERSON   0
       
WITH: 8   SHARED DISPOSITIVE POWER
     
   
     
9   AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
   
  0
     
10   CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS)
   
  o
     
11   PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
   
  0%
     
12   TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
   
  BK

 

 

Item 1.
Item 1(a)   Name of issuer: Fording Canadian Coal Trust     
 
Item 1(b)   Address of issuer’s principal executive offices:    1000, 205 – 9th Avenue S.E.
Calgary, Alberta
T2G 0R4
 
Item 2.
2(a)   Name of person filing: The Bank of Nova Scotia     
 
2(b)   Address or principal business office or, if none, residence:    68th Floor
40 King Street West
Toronto, Ontario
M5H 1H1
 
2(c)   Citizenship: Canadian Chartered Bank     
 
2(d)   Title of class of securities: Trust units     
 
2(e)   CUSIP No.: 345425102     
 
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:
  a. o  Broker or dealer registered under Section 15 of the Act.
 
  b. þ  Bank as defined in Section 3(a)(6) of the Act.
 
  c. o  Insurance company as defined in Section 3(a)(19) of the Act.
 
  d. o  Investment company registered under Section 8 of the Investment Company Act of 1940.
 
  e. o  An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E);
 
  f. o  An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F);
 
  g. o  A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G);
 
  h. o  A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);
 
  i. o  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;
 
  j. o  Group, in accordance with Rule 13d-1(b)(1)(ii)(J).
 

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.
  a.   Amount beneficially owned: 0
 
  b.   Percent of class: 0%
 
  c.   Number of shares as to which such person has:
  i.   Sole power to vote or to direct the vote 0
 
  ii.   Shared power to vote or to direct the vote
 
  iii.   Sole power to dispose or to direct the disposition of 0
 
  iv.   Shared power to dispose or to direct the disposition of
 
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  x.
 
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
    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.
 
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.
         
     
Dated  November 12, 2008  By:   /s/  Michael Durland    
    Name:   Michael Durland    
    Title:   Co-Chairman and Co-CEO, Scotia Capital,
a division of The Bank of Nova Scotia 		  
 

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