83.1 (1) This section applies with respect to a corporation for a taxation year if all of the following criteria are met: 1. The corporation engages in the transmission, distribution or retail of electricity at any time during the taxation year or the assets of the corporation consist primarily of shares or debt obligations, or both, of one or more related corporations that are engaged in the transmission, distribution or retail of electricity at any time during the taxation year. 2. Subsection 90 (1) or 93 (2) of the Electricity Act, 1998 does not apply to the corporation for the taxation year. 3. Subsection 90 (1) or 93 (2) of the Electricity Act, 1998 applied for a prior taxation year to the corporation or to a predecessor corporation of the corporation. 4. The corporation meets such additional conditions as may be prescribed by regulation.  2002, c. 1, Sched. C, s. 2; 2004, c. 16, s. 2 (2). Same, assets transferred (2) If, (a) a corporation (the “purchasing corporation”) that is not subject to the application of subsection 90 (1) or 93 (2) of the Electricity Act, 1998 acquires assets of another corporation (the “selling corporation”) other than shares or debt obligations held by the selling corporation; (b) the selling corporation is subject to the application of this section or subsection 90 (1) or 93 (2) of the Electricity Act, 1998 at the time the assets are acquired by the purchasing corporation; and (c) immediately after the assets are acquired, the property of the purchasing corporation consists primarily of the assets acquired from the selling corporation, this section applies to the purchasing corporation for each taxation year that commences after the date on which the assets are acquired.  2002, c. 1, Sched. C, s. 2; 2004, c. 16, s. 2 (2). Exception (3) This section does not apply to a corporation for a taxation year if the corporation is a prescribed corporation or meets the conditions prescribed by regulation.  2002, c. 1, Sched. C, s. 2; 2004, c. 16, s. 2 (2). Payments by a corporation (4) Despite sections 2, 75, 78, 79, 81, 87 and 111, any amount required to be paid by a corporation under this Act in respect of the taxation year shall be paid to the Financial Corporation and not to the Minister.  2002, c. 1, Sched. C, s. 2; 2004, c. 16, s. 2 (2). Payments to a corporation (5) Despite sections 82 and 87, if a corporation is entitled to a refund or payment under this Act in respect of the taxation year, the Financial Corporation shall pay the refund or make the payment instead of the Minister.  2002, c. 1, Sched. C, s. 2; 2004, c. 16, s. 2 (2). Payments incorrectly made (6) If a corporation pays an amount to the Minister that should have been paid to the Financial Corporation under subsection (4), (a) the Minister shall be deemed to have received the payment from the corporation on behalf of the Financial Corporation; (b) the Minister shall immediately pay the amount he or she receives to the Financial Corporation; and (c) the Minister may impose a charge of $200 on the corporation for each failure to comply with subsection (4), and the charge is payable to the Financial Corporation.  2002, c. 1, Sched. C, s. 2; 2004, c. 16, s. 2 (2). Collection and enforcement (7) All amounts payable by a corporation to the Financial Corporation under subsection (4) shall, for the purposes of Part VI, be considered to be amounts payable to Her Majesty and any amounts collected by the Minister from the corporation under Part VI in respect of an amount payable under subsection (4) shall be paid to the Financial Corporation.  2002, c. 1, Sched. C, s. 2; 2004, c. 16, s. 2 (2). Predecessor corporation (8) For the purposes of this section, a corporation is a predecessor corporation of another corporation (the “successor corporation”), (a) if the corporation amalgamated with one or more other corporations to form the successor corporation or if the corporation was wound up and its assets transferred to the successor corporation; and (b) if the assets of the successor corporation immediately after the amalgamation or wind-up consisted primarily of the assets of the predecessor corporation immediately before the amalgamation or wind-up, and a predecessor corporation of a successor corporation includes a predecessor corporation of a corporation that is itself a predecessor corporation of the successor corporation.  2002, c. 1, Sched. C, s. 2; 2004, c. 16, s. 2 (2). Definition (9) In this section, “Financial Corporation” has the meaning assigned by section 2 of the Electricity Act, 1998.  2002, c. 1, Sched. C, s. 2; 2004, c. 16, s. 2 (2). Repeal (10) This section is repealed on the day on which Part V of the Electricity Act, 1998 is repealed under section 84.1 of that Act.  2002, c. 1, Sched. C, s. 2; 2004, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) R.S.O. 1990, c. C.40, s. 83.1 (10) - see 2002, c. 1, Sched. C, s. 2 - not in force 2002, c. 1, Sched. C, s. 2 - 27/06/2002 2004, c. 16, s. 2 (2) - 04/11/2004 Division E — Objections to Assessment