SCHEDULE 13G
(Rule 13d-102)
Information to be included in Statements Filed Pursuant to Rule 13d-1(b),(c)
and (d) and Amendments Thereto Filed Pursuant to Rule 13d-2
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
Under the Securities Exchange Act of 1934
NOVA CHEMICALS CORPORATION
(Name of Issuer)
Common Shares
(Title of Class of Securities)
66977W109
(CUSIP Number)
May 15, 2003
(Date of Event Which Requires Filing of this Statement)
Check the appropriate box to designate the rule pursuant to which the Schedule is filed:
o Rule 13d-1 (b)
x 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. 66977W109 | 13G | Page 2 of 10 Pages |
1. | NAME OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) |
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The Bank of Nova Scotia | ||||
2. | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* |
(a) o (b) o |
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3. | SEC USE ONLY | |||
4. | CITIZENSHIP OR PLACE OF ORGANIZATION | |||
Canada | ||||
5. | SOLE VOTING POWER | |||
NUMBER OF | 975,371 | |||
SHARES | ||||
BENEFICIALLY | 6. | SHARED VOTING POWER | ||
OWNED BY | 4,432,192 | |||
EACH | ||||
REPORTING | 7. | SOLE DISPOSITIVE POWER | ||
PERSON | 975,371 | |||
WITH | ||||
8. | SHARED DISPOSITIVE POWER | |||
4,432,192 | ||||
9. | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | |||
5,407,563 | ||||
10. | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES* | |||
o | ||||
11. | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) | |||
5.9% | ||||
12. | TYPE OF REPORTING PERSON* | |||
CO | ||||
CUSIP No. 66977W109 | 13G | Page 3 of 10 Pages |
1. | NAME OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) |
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Scotiabanc Inc. | ||||
2. | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* |
(a) o (b) o |
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3. | SEC USE ONLY | |||
4. | CITIZENSHIP OR PLACE OF ORGANIZATION | |||
United States of America | ||||
5. | SOLE VOTING POWER | |||
NUMBER OF | 0 | |||
SHARES | ||||
BENEFICIALLY | 6. | SHARED VOTING POWER | ||
OWNED BY | 4,250,000 | |||
EACH | ||||
REPORTING | 7. | SOLE DISPOSITIVE POWER | ||
PERSON | 0 | |||
WITH | ||||
8. | SHARED DISPOSITIVE POWER | |||
4,250,000 | ||||
9. | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | |||
4,250,000 | ||||
10. | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES* | |||
o | ||||
11. | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) | |||
4.7% | ||||
12. | TYPE OF REPORTING PERSON* | |||
CO | ||||
CUSIP No. 66977W109 | 13G | Page 4 of 10 Pages |
1. | NAME OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY) |
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Scotia Capital Inc. | ||||
2. | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* |
(a) o (b) o |
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3. | SEC USE ONLY | |||
4. | CITIZENSHIP OR PLACE OF ORGANIZATION | |||
Canada | ||||
5. | SOLE VOTING POWER | |||
NUMBER OF | 0 | |||
SHARES | ||||
BENEFICIALLY | 6. | SHARED VOTING POWER | ||
OWNED BY | 182,192 | |||
EACH | ||||
REPORTING | 7. | SOLE DISPOSITIVE POWER | ||
PERSON | 0 | |||
WITH | ||||
8. | SHARED DISPOSITIVE POWER | |||
182,192 | ||||
9. | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | |||
182,192 | ||||
10. | CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES* | |||
o | ||||
11. | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) | |||
0.2% | ||||
12. | TYPE OF REPORTING PERSON* | |||
CO | ||||
Item 1(a). Name of Issuer:
NOVA Chemicals Corporation |
Item 1(b). Address of Issuers Principal Executive Offices:
NOVA Chemicals Corporation Law & Corporate Secretary 645 Seventh Avenue S.W. Calgary, Alberta, Canada T2P 4G8 |
Item 2(a). Name of Persons Filing:
The Bank of Nova Scotia (Scotiabank) and Scotia Capital Inc (SCI), an indirect wholly-owned subsidiary of Scotiabank and Scotiabanc Inc. (SBI) an indirect wholly-owned subsidiary of Scotiabank. | |||
Of the common shares reported herein as being the deemed aggregate amount beneficially owned by Scotiabank: |
(i) | 975,371 are owned by Scotiabank directly; | |||
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(ii) | 182,192 are owned by SCI. | |||
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(iii) | 4,250,000 are owned by SBI (by way of retractable preferred stock); |
Item 2(b). Address of Principal Business Office or, if None, Residence:
Scotiabank: | The Bank of Nova Scotia Attention: Group Compliance 44 King Street West Toronto, Ontario, Canada M5H 1H1 |
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SCI: | Scotia Capital Inc. Attention: Institutional Equity Sales & Trading 40 King Street West, 65th Floor Toronto, Ontario, Canada M5W 2X6 |
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SBI: | Scotiabanc Inc. 600 Peach Tree Street N.E. Suite 2700 Atlanta, Georgia, USA 30308 |
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Item 2(c). Citizenship:
Scotiabank: | Organized under the laws of Canada. |
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SCI: | Organized under the laws of the Province of Ontario, Canada. |
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SBI: | Organized under the laws of Delaware, USA. |
Item 2(d). Title of Class of Securities:
Common Shares |
Item 2(e). CUSIP Number:
66977W109 |
Item 3. Not applicable
Item 4 Ownership:
(a) | Amount beneficially owned: |
Scotiabank: | 975,371 | |||
SCI: | 182,192 | |||
SBI: | 4,250,000 |
(b) | Percent of class: |
Scotiabank: | 1.1 | % | ||
SCI: | 0.2 | % | ||
SBI: | 4.7 | % |
(c) | Number of shares as to which the Reporting Person has: |
(i) | Sole power to vote or direct the vote: | |
Scotiabank: 975,371 | ||
SCI: 0 | ||
SBI: 0 | ||
(ii) | Shared power to vote or direct the vote: | |
Scotiabank: 4,432,192 |
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SCI: 182,192 | ||
SBI: 4,250,000 | ||
(iii) | Sole power to dispose or to direct the disposition: | |
Scotiabank: 975,371 | ||
SCI: 0 | ||
SBI: 0 | ||
(iv) | Shared power to dispose or to direct the disposition: | |
Scotiabank: 4,432,192 | ||
SCI: 182,192 | ||
SBI: 4,250,000 |
Item 5. Ownership of Five 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 five percent of the class of securities, check the following [ ]. |
Item 6. Ownership of More Than Five Percent on Behalf of Another Person:
Not applicable |
Item 7. Identification and Classification of the Subsidiary Which AcquiredThe 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 |
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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.
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SIGNATURE
After reasonable inquiry and to the best of the signatorys knowledge and belief, each signatory certifies that the information set forth in this statement is true, complete and correct.
Dated: May 23, 2003
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THE BANK OF NOVA SCOTIA | |
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By: /s/ David Smith | ||
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Name: David Smith | ||
Title: Vice-President, Group Compliance | ||
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SCOTIA CAPITAL INC. | ||
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By: /s/ James Mountain | ||
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Name: James Mountain | ||
Title: Managing Director | ||
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SCOTIABANC INC. | ||
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By: /s/ Christopher Allen | ||
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Name: Christopher Allen | ||
Title: Managing Director |
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EXHIBIT A
FILING AGREEMENT
AMONG
THE BANK OF NOVA SCOTIA,
SCOTIA CAPITAL INC. AND
SCOTIABANC INC.
The undersigned hereby agree that the Schedule 13G with respect to the Common Shares of NOVA Chemicals Inc. dated of even date herewith is and shall be filed on behalf of each of us pursuant to and in accordance with the provisions of Rules 13d-1(c) and 13d-1(k)(1) under the Securities Exchange Act of 1934, as amended.
Dated: May 23, 2003
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THE BANK OF NOVA SCOTIA | |
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By: /s/ David Smith | ||
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Name: David Smith | ||
Title: Vice-President, Group Compliance | ||
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SCOTIA CAPITAL INC. | ||
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By: /s/ James Mountain | ||
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Name: James Mountain | ||
Title: Managing Director | ||
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SCOTIABANC INC. | ||
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By: /s/ Christopher Allen | ||
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Name: Christopher Allen | ||
Title: Managing Director |
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