hordruma/ontario_laws_and_regs huggingface dataset:
PART VI SPECIAL PAYMENTS
Allocation of Federal tax
91.1 (1) This section applies to any of the following corporations, if the corporation  ceases at any time to be exempt under subsection 149 (1) of the Income Tax Act (Canada) from the payment of tax under that Act: 1. Hydro One Inc. 2. A subsidiary of Hydro One Inc. 3. A municipal electricity utility. 4. A successor of any of them.  2002, c. 1, Sched. A, s. 18. Payment (2) Her Majesty in right of Ontario shall pay to the Financial Corporation from the Consolidated Revenue Fund the amount, if any, that meets both of the following criteria: 1. The corporation is liable to pay the amount under the Income Tax Act (Canada) after ceasing to be exempt under subsection 149 (1) of that Act. 2. Her Majesty in right of Ontario receives the amount from, or is credited with the amount by, Her Majesty in right of Canada in respect of the liability described in paragraph 1.  2002, c. 1, Sched. A, s. 18. Same, by corporation (3) The specified corporation shall pay to the Financial Corporation the amount, if any, that meets all of the following criteria: 1. The corporation is liable to pay the amount under the Income Tax Act (Canada) after ceasing to be exempt under subsection 149 (1) of that Act. 2. The corporation receives the amount from, or is credited with the amount by, Her Majesty in right of Canada in respect of the liability described in paragraph 1. 3. Her Majesty in right of Canada intends that the corporation shall pay the amount to the Financial Corporation for the repayment of the debt of the Financial Corporation.  2002, c. 1, Sched. A, s. 18. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 18 - 27/06/2002
PART VI SPECIAL PAYMENTS
Payment to Financial Corporation
91.2 (1) In each fiscal year of the Province, the Minister of Finance shall pay to the Financial Corporation from the Consolidated Revenue Fund an amount equal to the amount of tax payable under the Taxation Act, 2007 by Hydro One Inc. or a subsidiary of Hydro One Inc. for the taxation year that ends in the fiscal year. 2015, c. 38, Sched. 3, s. 4. Exception (2) Subsection (1) does not apply in respect of tax payable by a prescribed subsidiary of Hydro One Inc. for a prescribed taxation year. 2015, c. 38, Sched. 3, s. 4. Application of s. 50.2.1 (3) Section 50.2.1 does not apply to this section. 2015, c. 38, Sched. 3, s. 4. Regulations (4) The Minister of Finance may make regulations, (a) prescribing subsidiaries of Hydro One Inc. for the purposes of subsection (2); (b) prescribing taxation years for the purposes of subsection (2). 2015, c. 38, Sched. 3, s. 4. Repeal (5) This section is repealed on the day on which Part V is repealed under section 84.1. 2015, c. 38, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 3, s. 4 - 10/12/2015
PART VI SPECIAL PAYMENTS
Payments in lieu of federal corporate tax
93 (1) If a municipal electricity utility is exempt under subsection 149 (1) of the Income Tax Act
(Canada) from the payment of tax under that Act, it shall pay to the Financial Corporation in respect of each taxation year an amount equal to the amount of the tax that it would be liable to pay under that Act if it were not exempt.  1998, c. 15, Sched. A, s. 93 (1). Same: payments in lieu of provincial corporate tax (2) If a municipal electricity utility is exempt under subsection 57 (1) of the Corporations Tax Act from the payment of tax under that Act in respect of a taxation year ending before January 1, 2009, it shall pay to the Financial Corporation in respect of each taxation year ending before that day an amount equal to the total amount of tax that it would be liable to pay under Parts II, II.1 and III of that Act for the year if it were a corporation to which that subsection did not apply.  2007, c. 7, Sched. 12, s. 3 (4). Same (2.1) If a municipal electricity utility is exempt under subsection 27 (2) of the Taxation Act, 2007 from the payment of tax under that Act for a taxation year ending after December 31, 2008, it shall pay to the Financial Corporation in respect of each taxation year ending after that day an amount equal to the total amount of tax that it would be liable to pay for the taxation year under Divisions B, C and E of Part III of that Act if it were a corporation to which that subsection did not apply.  2007, c. 7, Sched. 12, s. 3 (4). Payments to Minister of Finance (3) After Part V is repealed under section 84.1, all payments required by this section shall be paid to the Minister of Finance, instead of to the Financial Corporation.  1998, c. 15, Sched. A, s. 93 (3); 2000, c. 42, s. 35. Commencement of new taxation year (4) A corporation that is required to make payments under this section shall be deemed, for the purposes of this section, to commence a new taxation year on the day this section comes into force.  1998, c. 15, Sched. A, s. 93 (4). Section Amendments with date in force (d/m/y) 2000, c. 42, s. 35
- 21/12/2000 2004, c. 16, Sched. D, Table - 01/01/2004 2007, c. 7, Sched. 12, s. 3 (4) - 01/01/2008 CTS 17 OC 08 - 1
PART VI SPECIAL PAYMENTS
Application of Corporations Tax Act
95 (1) Except as otherwise prescribed by the regulations, the Minister of Finance is responsible for enforcing the payment of amounts payable under this Part, including amounts payable under regulations made under this Part, and, for the purposes of this Part, (a) Parts V and VI of the Corporations Tax Act apply with necessary modifications and with such changes as may be prescribed by the regulations to amounts payable under this Part after November 6, 1998, other than amounts payable under section 92 or 92.1; (b) Divisions C, D, E and F of Part V and Part VI of the Corporations Tax Act apply with necessary modifications and with such changes as may be prescribed by the regulations to amounts payable under section 92 or 92.1 after November 6, 1998, including any penalties and interest on late payments; (c) any amount payable under this Part after November 6, 1998, other than under section 94, that remains unpaid after it becomes due, including any penalties and interest on late payments, may be collected as if it were tax payable under the Corporations Tax Act.  2004, c. 31, Sched. 11, s. 5; 2007, c. 11, Sched. B, s. 3 (1, 2). Collection of amounts payable under s. 94 (2) In the application of Parts V and VI of the Corporations Tax Act for the purposes of enforcing the payment of any amount under section 94, (a) a reference to “a taxation year” or “the taxation year” shall be read as a reference to a transfer or a particular transfer, as the case may be; (b) a reference to a return shall be read as a reference to any notice given to the Minister for the purposes of section 94; and (c) a reference to a notice of assessment or reassessment shall be read as including a reference to correspondence prescribed by the regulations that is issued by the Minister for the purposes of section 94.  2004, c. 31, Sched. 11, s. 5. Section Amendments with date in force (d/m/y) 1999, c. 9, s. 103 - 14/12/1999 2004, c. 16, Sched. D, Table - 01/01/2004; 2004, c. 31, Sched. 11, s. 5 - 16/12/2004 2007, c. 11, Sched. B, s. 3 (1, 2) - 04/06/2007
PART VI SPECIAL PAYMENTS
Order to remit, Financial Corporation
95.1 (1) On the recommendation of the Minister of Finance, the Lieutenant Governor in Council may order the Financial Corporation to remit an amount payable under Part V.1 or VI or under section 83.1 of the Corporations Tax Act if the Lieutenant Governor in Council considers it to be in the public interest to do so.  2000, c. 42, s. 37; 2002, c. 1, Sched. A, s. 20 (1); 2004, c. 16, Sched. D, Table. Scope of remission (2) A remission ordered under subsection (1) may be total or partial, conditional or unconditional and may be made, (a) before, after or pending any suit or proceeding for the recovery of the amount in respect of which the remission is granted; (b) before or after any payment of the amount payable under Part V.1 or VI or under section 83.1 of the Corporations Tax Act has been made or enforced by process or execution; or (c) in any particular case or class of cases and before the liability to pay arises.  2000, c. 42, s. 37; 2002, c. 1, Sched. A, s. 20 (2); 2004, c. 16, Sched. D, Table. Form of remission (3) A remission ordered under subsection (1) may be made, (a) by forbearing to institute a suit or proceeding for the recovery of the amount in respect of which remission is granted; (b) by delaying, staying or discontinuing any suit or proceeding already instituted; (c) by forbearing to enforce, staying or abandoning any execution or process upon any judgment; (d) by the entry of satisfaction upon any judgment; or (e) by repaying any sum of money paid to or recovered by the Financial Corporation.  2000, c. 42, s. 37. Conditional remission (4) If a remission ordered under subsection (1) is made subject to a condition and the condition is not performed, the amount remitted or to be remitted may be collected or all proceedings may be had as if there had been no remission.  2000, c. 42, s. 37. Effect of remission (5) An unconditional remission and, upon performance of the condition, a conditional remission have effect as if the remission was made after the amount in respect of which it was granted had been sued for and recovered.  2000, c. 42, s. 37. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 37
- 21/12/2000 2002, c. 1, Sched. A, s. 20 (1, 2) - 27/06/2002 2004, c. 16, Sched. D, Table - 01/01/2004
PART VII PENSION PLANS
Interpretation, Part VII
97 (1) In this Part, “changeover date” means the date prescribed under subsection (3); (“date du changement”) “commencement date” means, in relation to a successor pension plan, the date prescribed under subsection 102 (6); (“date d’effet”) “FCPP” means the Ontario Hydro Financial Corporation Pension Plan; (“RRSF”) Note:  Effective April 1, 1999, the name of the Ontario Hydro Financial Corporation Pension Plan has been changed by regulation to Ontario Electricity Financial Corporation Pension Plan in English and Régime de retraite de la Société financière de l’industrie de l’électricité de l’Ontario in French.  See:  O. Reg. 115/99, s. 2 (1). “former member” means a person who is a former member of a pension plan within the meaning of the Pension Benefits Act
and includes any other person who is entitled to receive or is receiving a payment from the pension fund by virtue of the person’s relationship to the former member; (“ancien participant”) “successor employer” means a person who is required to establish a pension plan under subsection 102 (1); (“employeur subséquent”) “successor pension plan” means a pension plan established in accordance with section 102. (“régime de retraite subséquent”)  1998, c. 15, Sched. A, s. 97 (1). Pension plans (2) Expressions in this Part relating to pension plans have the same meaning as under the Pension Benefits Act unless the context requires otherwise.  1998, c. 15, Sched. A, s. 97 (2). Changeover date (3) The Lieutenant Governor in Council may, by regulation, prescribe the changeover date for the purposes of this Part and may do so after the date has passed.  1998, c. 15, Sched. A, s. 97 (3). Section Amendments with date in force (d/m/y) O. Reg. 115/99, s. 2 (1) - 01/04/1999
PART VII PENSION PLANS
Financial Corporation Pension Plan
98 (1) The Ontario Hydro Pension and Insurance Plan is continued under the name Ontario Hydro Financial Corporation Pension Plan in English and Régime de retraite de la Société financière Ontario Hydro in French.  1998, c. 15, Sched. A, s. 98 (1). Note:  Effective April 1, 1999, the name of the Ontario Hydro Financial Corporation Pension Plan has been changed by regulation to Ontario Electricity Financial Corporation Pension Plan in English and Régime de retraite de la Société financière de l’industrie de l’électricité de l’Ontario in French.  See:  O. Reg. 115/99, s. 2 (1). Fund continued (2) The Pension and Insurance Fund of Ontario Hydro is continued as the pension fund for the FCPP under the name Ontario Hydro Financial Corporation Pension Fund in English and Caisse de retraite de la Société financière Ontario Hydro in French.  1998, c. 15, Sched. A, s. 98 (2). Note:  Effective April 1, 1999, the name of the Ontario Hydro Financial Corporation Pension Fund has been changed by regulation to Ontario Electricity Financial Corporation Pension Fund in English and Caisse de retraite de la Société financière de l’industrie de l’électricité de l’Ontario in French.  See:  O. Reg. 115/99, s. 2 (2). Change of name (3) The Lieutenant Governor in Council may, by regulation, change the name of the FCPP and the name of the pension fund for the FCPP.  1998, c. 15, Sched. A, s. 98 (3). Status of plan (4) The FCPP shall be deemed not to be a multi-employer pension plan for the purposes of the Pension Benefits Act.  1998, c. 15, Sched. A, s. 98 (4). Administrator (5) The Financial Corporation is the administrator of the FCPP.  1998, c. 15, Sched. A, s. 98 (5). (6) Repealed:  1998, c. 15, Sched. A, s. 98 (9). Certain benefits (7) On the day this section comes into force, the FCPP ceases to provide, (a) disability benefits that are being provided under a contract between the Financial Corporation and an insurer or a subsidiary of an insurer immediately before this section comes into force; and (b) life insurance that is being provided under an insurance contract between the Financial Corporation and an insurer or a subsidiary of an insurer immediately before this section comes into force.  1998, c. 15, Sched. A, s. 98 (7). Same (8) The amount held by the Pension and Insurance Fund of Ontario Hydro immediately before this section comes into force that was allocated for the provision of the benefits and insurance described in subsection (7) is payable to the Financial Corporation in trust for the provision of those benefits and that insurance.  1998, c. 15, Sched. A, s. 98 (8). (9) Spent:  1998, c. 15, Sched. A, s. 98 (9). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. A, s. 98 (9) - 26/03/1999; O. Reg. 115/99, s. 2 (1, 2) - 01/04/1999
PART VII PENSION PLANS
Employer contributions to FCPP
99 (1) The Financial Corporation shall contribute to the pension fund for the FCPP for a year the amount by which the normal cost of the FCPP exceeds the contributions to the pension fund made by the members, as determined by the FCPP actuary.  1998, c. 15, Sched. A, s. 99 (1). Same (2) If the FCPP has a surplus or a prior year credit balance or both, the Financial Corporation, in its sole discretion acting in its capacity as employer, may reduce or suspend the Corporation’s contributions to the pension fund to the extent permitted under the Pension Benefits Act.  1998, c. 15, Sched. A, s. 99 (2). Refund of contributions (3) Despite subsection 78 (1) of the Pension Benefits Act, the administrator of the FCPP shall refund to the Financial Corporation, without interest, the contributions made by Ontario Hydro that were required to pay the normal cost of the pension plan in respect of service after March 31, 1998 and before the day that subsection (2) comes into force.  1998, c. 15, Sched. A, s. 99 (3). Unfunded liability or solvency deficiency (4) If a report on the FCPP filed with the Chief Executive Officer appointed under subsection 10 (2) of the
Financial Services Regulatory Authority of Ontario Act, 2016
reveals a going concern unfunded liability or solvency deficiency or both, each successor employer shall pay to the pension fund for the FCPP, as its share of the total amount of each monthly special payment required as a result of the report, the amount determined by the plan actuary in accordance with the following formula: (A/B) × C in which, “A” is the total of the actuarial liabilities of the FCPP for the pension benefits and ancillary benefits of members and former members of the FCPP who will become members or former members of the successor plan established by the successor employer; “B” is the total of the actuarial liabilities of the FCPP for the pension benefits and ancillary benefits of members and former members of the FCPP; and “C” is the total amount of the monthly special payment required as a result of the report.  1998, c. 15, Sched. A, s. 99 (4); 2018, c. 8, Sched. 10, s. 1. Definition (5) In subsection (4), “actuarial liabilities” means, (a) in the case of a going concern valuation, the going concern liabilities, and (b) in the case of a solvency valuation, the solvency liabilities.  1998, c. 15, Sched. A, s. 99 (5). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 10, s. 1 - 08/06/2019
PART VII PENSION PLANS
Additional pension plans of Financial Corporation
101 (1) This section applies if the Financial Corporation establishes another pension plan in the circumstances described in section 80 or 81 of the Pension Benefits Act.  1998, c. 15, Sched. A, s. 101 (1). Transfer of assets (2) The Financial Corporation, in its sole discretion acting in its capacity as employer, may decide whether to transfer assets from the FCPP to the other pension plan and may decide upon all matters relating to the transfer, subject to the consent of the Chief Executive Officer appointed under subsection 10 (2) of the Financial Services Regulatory Authority of Ontario Act, 2016
as required under the Pension Benefits Act.  1998, c. 15, Sched. A, s. 101 (2); 2018, c. 8, Sched. 10, s. 2. Requirements continued (3) Subsections 98 (5) and 99 (2) and section 100 apply with respect to the other pension plan.  1998, c. 15, Sched. A, s. 101 (3). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 10, s. 2 - 08/06/2019
PART VII PENSION PLANS
Successor pension plans
102 (1) The IESO, Hydro One Inc., Ontario Power Generation Inc. and the Electrical Safety Authority shall each establish a pension plan to provide pension benefits and ancillary benefits for the following persons: 1. Its employees whose employment is transferred to it by or pursuant to an order made under section 116 and who are, or are entitled to be, members of the FCPP before their employment is transferred. 2. Such other employees as it considers appropriate. 3. Such former members of the FCPP as the Financial Corporation, in its sole discretion acting in its capacity as employer, designates for transfer to the pension plan. 4. Such other persons as this Part may require.  1998, c. 15, Sched. A, s. 102 (1); 2002, c. 1, Sched. A, s. 21 (1); 2004, c. 23, Sched. A, s. 52. Selection of former members (2) In determining which former members of the FCPP are to be transferred to a successor pension plan, the Financial Corporation shall comply with the following rules: 1. All former members of the FCPP must be transferred to the successor pension plans. 2. The Financial Corporation shall consider which successor employer, if any, would most likely have become the employer of each former employee of Ontario Hydro (assuming, only for the purposes of this rule, that the former employee had been employed by Ontario Hydro immediately before the date on which employees of Ontario Hydro are transferred to the successor employers by or pursuant to orders made under section 116). 3. If the Financial Corporation concludes that a former employee would most likely have remained an employee of the Financial Corporation or a subsidiary of the Financial Corporation, the Financial Corporation shall transfer the former member to the successor pension plan established by Ontario Power Generation Inc.  1998, c. 15, Sched. A, s. 102 (2); 2002, c. 1, Sched. A, s. 21 (2). Status of plan (3) During the period that employees of the subsidiary of the Financial Corporation established under section 110 are members of the pension plan established under subsection (1) by Ontario Power Generation Inc., that plan shall be deemed not to be a multi-employer pension plan for the purposes of the Pension Benefits Act.  1998, c. 15, Sched. A, s. 102 (3); 2002, c. 1, Sched. A, s. 21 (3). Administrator (4) The successor employer is the administrator of the applicable successor pension plan.  1998, c. 15, Sched. A, s. 102 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed. (See: 2013, c. 2, Sched. 4, ss. 1, 4) Commencement date (5) Each successor pension plan comes into effect as of the prescribed commencement date for the plan.  1998, c. 15, Sched. A, s. 102 (5). Regulation (6) The Lieutenant Governor in Council may, by regulation, prescribe a commencement date for each successor pension plan.  1998, c. 15, Sched. A, s. 102 (6). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 21 (1-3) - 27/06/2002 2004, c. 23, Sched. A, s. 52 - 01/01/2005 2013, c. 2, Sched. 4, s. 1 - not in force
PART VII PENSION PLANS
Members of successor plans
103 (1) An employee of a successor employer who has established a successor pension plan becomes a member of the successor pension plan on the following date: 1. If the employee was a member of the FCPP immediately before becoming employed by the successor employer, the later of the following dates: i. The date on which he or she becomes employed by the successor employer. ii. The commencement date for the plan. 2. If, under the terms of the successor pension plan, the employee is required to be a member of the plan, the latest of the following dates: i. The date on which he or she becomes employed by the successor employer. ii. The date on which, under the terms of the successor pension plan, he or she is required to become a member of the plan. iii. The commencement date for the plan. 3. If, under the terms of the successor pension plan, the employee is required to become a member of the plan after meeting certain conditions, the later of the following dates: i. The date on which he or she meets those conditions. ii. The commencement date for the plan. 4. If, under the terms of the successor pension plan, the employee is entitled, but not required, to become a member of the plan after meeting certain conditions, the later of the following dates: i. The date on which he or she becomes a member of the plan. ii. The commencement date for the plan.  1998, c. 15, Sched. A, s. 103 (1). Former members (2) The former members described in paragraph 3 of subsection 102 (1) become former members of the successor pension plan on the changeover date.  1998, c. 15, Sched. A, s. 103 (2).
PART VII PENSION PLANS
Employer contributions to successor plans
104 (1) A successor employer shall contribute to the pension fund for the applicable successor pension plan for a year the amount by which the normal cost of the plan exceeds the contributions to the pension fund made by the members, as determined by the plan actuary.  1998, c. 15, Sched. A, s. 104 (1). Same (2) If the plan has a surplus or a prior year credit balance or both, the successor employer, in its sole discretion acting in its capacity as employer, may reduce or suspend the employer’s contributions to the pension fund to the extent permitted under the Pension Benefits Act.  1998, c. 15, Sched. A, s. 104 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed. (See: 2013, c. 2, Sched. 4, ss. 2, 4) Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 4, s. 2 - not in force