hordruma/ontario_laws_and_regs huggingface dataset:
PART V THE FINANCIAL CORPORATION
Liability
77 (1) No action or other civil proceeding shall be commenced against a director, officer, employee or agent of the Financial Corporation or a subsidiary of the Financial Corporation, or of an agency of the Crown specified in a directive referred to in subsection 74 (3), for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under this Act, the regulations or the by-laws of the Corporation or subsidiary, or for any neglect or default in the exercise or performance in good faith of such a power or duty.  1998, c. 15, Sched. A, s. 77 (1). Declaration under subs. 72 (2) (2) Subsection (1) does not apply to any act, neglect or default in respect of a contract, security or instrument with respect to which a subsidiary of the Financial Corporation has made a declaration in accordance with subsection 72 (2).  1998, c. 15, Sched. A, s. 77 (2). Actions against Crown (3) No action or other civil proceeding shall be commenced against the Crown for any act, neglect or default by a person referred to in subsection (1) or for any act, neglect or default of the Financial Corporation, a subsidiary of the Financial Corporation or an agency of the Crown specified in a directive referred to in subsection 74 (3).  1998, c. 15, Sched. A, s. 77 (3). Same (4) Subsections (1) and (3) do not relieve the Financial Corporation, a subsidiary of the Financial Corporation or an agency of the Crown specified in a directive referred to in subsection 74 (3) of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1).  1998, c. 15, Sched. A, s. 77 (4). Same (5) Subsection (3) does not relieve the Crown of any liability pursuant to a guarantee or indemnity under section 69 or a guarantee referred to in clause 130 (a).  1998, c. 15, Sched. A, s. 77 (5). Definition (6) In this section, “employee” includes an employee employed under Part III of the Public Service of Ontario Act, 2006.  1998, c. 15, Sched. A, s. 77 (6); 2006, c. 35, Sched. C, s. 31 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 31 (2) - 20/08/2007
PART V THE FINANCIAL CORPORATION
Judgments against Financial Corporation
79 (1) The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Financial Corporation or a subsidiary of the Corporation that remains unpaid after it has made reasonable efforts, including liquidating its assets, to pay the amount of the judgment.  1998, c. 15, Sched. A, s. 79 (1). Application (2) Subsection (1) does not apply to a judgment in respect of a matter that arose before this section comes into force.  1998, c. 15, Sched. A, s. 79 (2). Subsidiaries (3) Subsection (1) does not apply to a judgment arising from a contract, security or instrument in respect of which a subsidiary has made a declaration in accordance with subsection 72 (2).  1998, c. 15, Sched. A, s. 79 (3).
PART V THE FINANCIAL CORPORATION
Audits
80 The accounts and financial transactions of the Financial Corporation shall be audited annually by the Auditor General.  1998, c. 15, Sched. A, s. 80; 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32
- 30/11/2004
PART V THE FINANCIAL CORPORATION
Annual report
81 (1) The Financial Corporation shall prepare an annual report, provide it to the Minister of Finance no later than 90 days after the Financial Corporation receives audited financial statements from the Auditor General and make it available to the public. 2017, c. 34, Sched. 46, s. 13. Same (2) The Financial Corporation shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; and (b) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 13. Same (3) The Financial Corporation shall include such additional content in the annual report as the Minister of Finance may require. 2017, c. 34, Sched. 46, s. 13. Extension of time (4) The Minister of Finance may extend the time for the Financial Corporation to provide its annual report for a fiscal year to a day that is not later than the day the Public Accounts for the fiscal year are submitted to the Lieutenant Governor in Council in accordance with Part 0.1 of the Financial Administration Act. 2017, c. 34, Sched. 46, s. 13. Section Amendments with date in force (d/m/y) 2008, c. 19, Sched. E, s. 1 - 27/11/2008 2009, c. 34, Sched. J, s. 28 - 15/12/2009 2017, c. 34, Sched. 46, s. 13 - 01/01/2018
PART V THE FINANCIAL CORPORATION
Tabling of annual report
81.1 The Minister of Finance shall table the Financial Corporation’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 13. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 13 - 01/01/2018
PART V THE FINANCIAL CORPORATION
Application of corporations statutes
83 Except as otherwise provided by the regulations, the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act
do not apply to the Financial Corporation.  1998, c. 15, Sched. A, s. 83; 2017, c. 20, Sched. 8, s. 81. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 8, s. 81 - 19/10/2021
PART V.1 DEBT RETIREMENT CHARGE
Charges to retire debt
85 (1) In this Part, “collector” means a person appointed as a collector under subsection 85.3 (1); (“percepteur”) “debt retirement charge” means, with respect to a user, the debt retirement charge payable by the user under subsection 85 (4); (“redevance de liquidation de la dette”) “inspector” means a person appointed as an inspector under subsection 85.28 (1); (“inspecteur”) “person” includes Her Majesty in right of Ontario, a partnership, a municipal corporation, a local board as defined in the Municipal Affairs Act, a police village, or a board, commission or authority established under an Act of the Assembly; (“personne”) “self-generating user” means a person who generates electricity for his, her or its own consumption or for consumption by another person at the expense of the person who generates it; (“usager autoproducteur”) “user” means, (a) a person who purchases or acquires electricity for his, her or its own consumption or for consumption by another person at the expense of the person who purchases or acquires it, (b) a person who purchases or acquires electricity on behalf of, or as agent for, a principal who wishes to acquire electricity for consumption by the principal or by other persons at the principal’s expense, and (c) a self-generating user. (“usager”)  1998, c. 15, Sched. A, s. 85 (1); 2000, c. 42, s. 25 (1); 2002, c. 17, Sched. F, Table; 2015, c. 38, Sched. 3, s. 1 (2). (2), (3) Repealed: 2015, c. 38, Sched. 3, s. 1 (3). Duty to pay debt retirement charge (4) Every user shall pay to the Financial Corporation a debt retirement charge in respect of the amount of electricity consumed in Ontario before April 1, 2018, to be calculated at the prescribed rate or rates. 2000, c. 42, s. 25 (2); 2015, c. 38, Sched. 3, s. 1 (4). Determination re amount consumed (4.1) For the purposes of subsection (4), the amount of electricity consumed in Ontario is to be determined in accordance with the regulations.  2000, c. 42, s. 25 (2). Time and manner of payment (5) The user shall pay the debt retirement charge at the time and in the manner specified by the regulations.  2000, c. 42, s. 25 (2). Exemption from payment (5.1) Such users or classes of users as may be prescribed are exempted from paying the debt retirement charge in such circumstances as may be prescribed.  2000, c. 42, s. 25 (2). Same, under other Acts (5.2) No person otherwise subject to the debt retirement charge is exempt from paying it by reason of an exemption granted to the person, or granted in respect of the personal or real property of the person, by or under any other Act unless the other Act expressly mentions this Act.  2000, c. 42, s. 25 (2). (6)-(8) Repealed: 2015, c. 38, Sched. 3, s. 1 (5). Section Amendments with date in force (d/m/y) 2000, c. 42, s. 24, 25 (1)
- 21/12/2000; 2000, c. 42, s. 25 (2)
- 01/05/2002 2002, c. 17, Sched. F, Table - 01/01/2003 2015, c. 38, Sched. 3, s. 1 (1-5) - 10/12/2015
PART V.1 DEBT RETIREMENT CHARGE
Exemptions
85.2 Such users or classes of users as may be prescribed are exempted from such obligations as are specified in the regulation in the circumstances described in the regulation.  2000, c. 42, s. 26. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 26
- 01/01/2002 Registration
PART V.1 DEBT RETIREMENT CHARGE
Collectors of debt retirement charge
85.3 (1) Such persons as may be prescribed are appointed as collectors of the debt retirement charge.  2000, c. 42, s. 26. Registration of collectors (2) Every collector shall register with the Minister of Finance in accordance with the prescribed requirements and shall maintain his, her or its registration.  2000, c. 42, s. 26. Duties of collectors (3) Every collector shall do the following: 1. Levy and collect the debt retirement charge in accordance with the regulations. 2. Remit, in accordance with the regulations, the debt retirement charge collectable and payable by the collector. 3. Keep the prescribed records in accordance with the prescribed requirements. 4. Submit returns to the Minister of Finance in accordance with the prescribed requirements.  2000, c. 42, s. 26. Status (4) Every collector is an agent of the Financial Corporation for the purpose of levying and collecting the debt retirement charge.  2000, c. 42, s. 26. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 26
- 01/01/2002
PART V.1 DEBT RETIREMENT CHARGE
Registration of self-generating users
85.4 (1) Every self-generating user shall register with the Minister of Finance in accordance with the prescribed requirements and shall maintain his, her or its registration.  2000, c. 42, s. 26. Duties (2) Every self-generating user shall do the following: 1. Remit, in accordance with the regulations, the debt retirement charge payable by the self-generating user. 2. Keep the prescribed records in accordance with the prescribed requirements. 3. Submit returns to the Minister of Finance in accordance with the prescribed requirements.  2000, c. 42, s. 26. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 26
- 01/01/2002 Assessment and Reassessment of Amounts Owing
PART V.1 DEBT RETIREMENT CHARGE
Assessment payable by collector
85.5 (1) At any time the Minister of Finance considers reasonable, he or she may assess or reassess the debt retirement charge collected by a collector for which the collector has not accounted, (a) if the collector fails to submit a return or remittance as required by this Part; or (b) if the collector’s returns are not substantiated by the collector’s records.  2000, c. 42, s. 27. Assessment upon inspection (2) If it appears to an inspector that a collector has not complied with this Part, the Minister of Finance may assess or reassess the amount of the debt retirement charge collected by the collector or the amount of the penalty authorized by subsection 85.6 (4), based on the inspector’s calculation that is described in subsection (3).  2000, c. 42, s. 27. Calculation of amount (3) For the purposes of an assessment or reassessment under subsection (2), the inspector shall calculate the amount of the debt retirement charge or the amount of the penalty and shall make the calculation in the manner and form and using such procedures as the Minister of Finance considers adequate and expedient.  2000, c. 42, s. 27. Deemed charge (4) The amount assessed or reassessed by the Minister of Finance under this section shall be deemed to be a debt retirement charge collected by the collector.  2000, c. 42, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 27
- 01/01/2002
PART V.1 DEBT RETIREMENT CHARGE
Assessments payable by users
85.7 (1) The Minister of Finance may assess or reassess any debt retirement charge payable by a user.  2000, c. 42, s. 27. Time limit (2) The assessment or reassessment under subsection (1) must be made, (a) in the case of a user that is not a self-generating user, within four years after the date on which the debt retirement charge became payable; and (b) in the case of a self-generating user, within four years after the end of the calendar year during which the debt retirement charge became payable.  2000, c. 42, s. 27. Exception, where misrepresentation, etc. (3) Subsection (2) does not apply if the Minister of Finance establishes that the user has made any misrepresentation that is attributable to neglect, carelessness or wilful default or has committed any fraud in making a return or supplying information under this Part or in omitting to disclose information.  2000, c. 42, s. 27. Assessment upon inspection (4) If it appears to an inspector that a user has not complied with this Part, the Minister of Finance may assess or reassess the amount of the debt retirement charge payable by the user, based on the inspector’s calculation that is described in subsection (5).  2000, c. 42, s. 27. Calculation of amount (5) For the purposes of an assessment or reassessment under subsection (4), the inspector shall calculate the amount payable by the user and shall make the calculation in the manner and form and using such procedures as the Minister of Finance considers adequate and expedient.  2000, c. 42, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 27
- 01/01/2002
PART V.1 DEBT RETIREMENT CHARGE
Administrative penalties, users
85.8 If the Minister of Finance makes an assessment or reassessment under section 85.7 and if the Minister of Finance is satisfied that the non-compliance that gave rise to the assessment or reassessment was attributable to neglect, carelessness, wilful default or fraud, the Minister of Finance may assess a penalty against the user equal to the greater of, (a) $100; or (b) 25 per cent of the amount assessed or reassessed under section 85.7.  2000, c. 42, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 27
- 01/01/2002
PART V.1 DEBT RETIREMENT CHARGE
Administrative penalty, self-generating user
85.9 (1) If a self-generating user fails to submit a return to the Minister of Finance as required under this Part, the Minister of Finance may assess a penalty against the user in an amount equal to 5 per cent of the debt retirement charge payable by the user in respect of the period for which the return should have been submitted.  2000, c. 42, s. 27. Same, failure to remit payment (2) If a self-generating user submits a return to the Minister of Finance but fails to remit the full amount shown on the return as payable by the user, the Minister of Finance may assess a penalty against the user in an amount equal to 5 per cent of the amount payable and not remitted.  2000, c. 42, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 27
- 01/01/2002
PART V.1 DEBT RETIREMENT CHARGE
Liability of corporate directors
85.10 (1) This section applies if a corporation fails to collect a debt retirement charge, fails to remit a debt retirement charge that it has collected or fails to pay any interest or penalty under this Part relating to such a charge.  2000, c. 42, s. 27. Same (2) The individuals who were directors of the corporation when the corporation failed to collect or remit the debt retirement charge or failed to pay the interest or penalty are jointly and severally liable, together with the corporation, to pay the charge, interest or penalty to the Financial Corporation.  2000, c. 42, s. 27. Assessment (3) The Minister of Finance may assess or reassess any individual for any amount payable by him or her under subsection (2).  2000, c. 42, s. 27. Same (4) Section 43 of the Retail Sales Tax Act applies, with necessary modifications, with respect to the liability of individuals under subsection (2), assessments or reassessments by the Minister of Finance under this section and the collection of amounts payable.  2000, c. 42, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 27
- 01/01/2002
PART V.1 DEBT RETIREMENT CHARGE
Assessment of interest payable
85.11 (1) The Minister of Finance may assess interest that is payable on a debt owing to the Financial Corporation under this Part and interest that is payable on a penalty imposed under this Part.  2000, c. 42, s. 27. Calculation, re debt (2) The interest on a debt is payable from the date on which the debt is due to the date on which the amount of the debt plus the interest is received by the Financial Corporation and it is to be calculated at the prescribed rate and in the prescribed manner.  2000, c. 42, s. 27. Same, re penalty (3) The interest on a penalty is payable from the date of the default to which the penalty relates to the date on which the amount of the penalty plus the interest is received by the Financial Corporation and it is to be calculated at the prescribed rate and in the prescribed manner.  2000, c. 42, s. 27. Calculation of debt owing (4) For the purposes of subsection (1), the amount of a debt owing by a person to the Financial Corporation on a particular date is the amount by which “A” exceeds “B” where, “A” is the aggregate of, (a) the amount of the debt retirement charge collectable by the person as a collector or payable by the person as a user under this Part before that date, (b) all amounts or penalties or both assessed under this Part against the person before that date, and (c) the total of all amounts of interest assessed and payable under this section against the person in respect of a period of time before that date, and “B” is the aggregate of, (a) the amount of the debt retirement charge remitted or paid by the person under this Part before that date, (b) all amounts or penalties or both assessed under this Part and paid by the person before that date, and (c) the total of all amounts of interest credited to the person in respect of a period of time before that date.  2000, c. 42, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 27
- 01/01/2002
PART V.1 DEBT RETIREMENT CHARGE
Notice of assessment
85.12 The Minister of Finance shall give a written notice of assessment or reassessment to a user, collector or individual who is assessed or reassessed under this Part.  2000, c. 42, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 27
- 01/01/2002
PART V.1 DEBT RETIREMENT CHARGE
Effect of information and returns
85.13 (1) The Minister of Finance is not bound by information given or by a return made by or on behalf of a person under this Part and may make assessments under this Part even though no information is given or return is made or even though the information or return is incomplete or incorrect.  2000, c. 42, s. 27. Liability (2) A person’s liability to pay a debt retirement charge is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made.  2000, c. 42, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 27
- 01/01/2002 Payments, Refunds and Rebates
PART V.1 DEBT RETIREMENT CHARGE
Payment of assessed amounts
85.14 (1) Every person against whom an assessment is made under this Part shall pay to the Financial Corporation the amount assessed, whether or not an objection to the assessment or an appeal from the assessment is outstanding.  2000, c. 42, s. 27. Status of assessment (2) An assessment by the Minister of Finance under this Part shall be deemed to be valid and binding despite any error, defect or omission either in the assessment or in any proceeding under this Part relating to the assessment and the amount assessed shall be deemed to be conclusively established as a debt owing to the Financial Corporation.  2000, c. 42, s. 27. Same (3) Subsection (2) does not prevent the assessment from being varied or vacated on an objection or an appeal and does not prevent a reassessment being made.  2000, c. 42, s. 27. Penalty (4) If a person purports to pay or remit an amount owing under this Part by delivering anything other than legal tender within the meaning of subsection 8 (1) of the Currency Act (Canada) and if, as a result, the Financial Corporation fails to receive full and unconditional payment or settlement, the person is liable to pay to the Financial Corporation the additional fee that is prescribed and the Minister of Finance may assess the additional fee as a penalty.  2000, c. 42, s. 27. Same (5) A penalty assessed under subsection (4) cannot be appealed under this Part and an objection to it cannot be initiated under this Part.  2000, c. 42, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 27
- 01/01/2002
PART V.1 DEBT RETIREMENT CHARGE
Refunds and rebates
85.15 (1) An amount paid under this Part that is not payable as a debt retirement charge and that was not paid to discharge a liability under an assessment made under this Part shall be refunded.  2000, c. 42, s. 27. Rebate (2) A rebate of a debt retirement charge shall be paid in such circumstances and in accordance with such requirements as may be prescribed.  2000, c. 42, s. 27. Interest on refund or rebate (3) Interest is payable on the amount refunded or the amount of the rebate and shall be calculated at the prescribed rate and in the prescribed manner for the period beginning 21 days after the date on which the Minister of Finance receives the application for the refund or rebate to the date of the refund or rebate.  2000, c. 42, s. 27. Time limit for refund (4) A person is not entitled to a refund under subsection (1) unless application for the refund is made to the Minister of Finance within four years after the date on which the person paid the amount to be refunded or within such longer period as may be permitted by regulation.  2000, c. 42, s. 27. Disallowance (5) If an application for a refund or rebate is made in accordance with this Part and if the application is refused, in whole or in part, the Minister of Finance shall give the applicant a written statement of disallowance specifying the amount that is disallowed and the reasons for disallowing it.  2000, c. 42, s. 27. Refund by collector (6) A collector may refund to a user, in accordance with the regulations, all or part of a debt retirement charge collected from the user by the collector if the user was not required to pay the debt retirement charge and if the refund is made within four years after the user paid it.  2000, c. 42, s. 27. Same (7) The collector may deduct from subsequent remittances under this Part any amount refunded under subsection (6), if the collector makes the deduction within four years after making the refund to the user.  2000, c. 42, s. 27. Refund by the Financial Corporation (7.1) The Minister of Finance may authorize the Financial Corporation to make a refund under subsection (1) to a person if the Minister is satisfied that the amount to be refunded was wrongly paid and that it has not been refunded by a collector.  2002, c. 22, s. 61. Error in refund or rebate (8) If a person receives a refund or rebate to which the person is not entitled under this Part, the Minister of Finance may assess or reassess the amount to which the person was not entitled and shall give the person a written statement describing the reasons that the person was not entitled to the amount assessed or reassessed.  2000, c. 42, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 27
- 01/01/2002 2002, c. 22, s. 61
- 01/05/2002