I think the other thing that's critical for this question is that these amendments address primary issuance only. These provisions allow primary issuance only. So the Canadian financial institution would have to deem that it is in their best interest to issue a series of new common shares, for example, to a new investor. In your example, you are diluting the current shareholders by issuing new shares. There would have to be a decision made by the board that it was in the best interests of the company.
On May 16th, 2012. See this statement in context.