10. For the purposes of subsection 20 (5) of the Act, a pension fund that complies with the following terms and conditions shall be deemed to be a person ordinarily resident in Ontario: 1. The pension fund shall be, (i) a registered pension fund or plan as defined under subsection 248 (1) of the Income Tax Act (Canada), (ii) a deferred profit sharing plan as defined under section 147 of the Income Tax Act (Canada), (iii) a limited partnership, while it is registered under and conducting its affairs in accordance with the Limited Partnerships Act, of which, (A) each of the partners is a pension plan or fund registered under the Income Tax Act (Canada), with at least 10 per cent of its contributors ordinarily resident in Ontario, or a pension fund under subparagraph (v), or (B) each of the limited partners is a partner described in sub-subparagraph (A) and each general partner that is not a partner described in sub-subparagraph (A) provides a waiver, intended to bind that general partner, of any interest it may have or acquire in grants or tax credits payable or allowable to the limited partnership under the Act by reason of the limited partnership’s acquisition of equity shares of a small business development corporation, (iv) a pooled fund trust established under the regulations made under the Income Tax Act (Canada), comprising a number of pension funds or plans registered under the Income Tax Act (Canada), pursuant to which a separate trust fund makes investments on behalf of the participating pension funds or plans, each of which has acquired an interest or units in the pooled fund trust, if, (A) at least 10 per cent of the contributors to each of the pension funds and plans are ordinarily resident in Ontario, or (B) in the case of a pooled fund trust comprising one or more registered retirement savings plans, as defined in subsection 146 (1) of the Income Tax Act (Canada), the beneficiary of each trust governing the registered retirement savings plans is or is deemed to be ordinarily resident in Ontario under the regulations made under subsection 20 (7) of the Act, or (v) a pension corporation within the meaning of the Income Tax Act (Canada), if, (A) the pension corporation holds all its assets exclusively for the benefit of one or more pension plans or funds registered under the Income Tax Act (Canada) and at least 10 per cent of the contributors to each of the pension plans and funds are ordinarily resident in Ontario, or (B) all the shares and rights to acquire shares of the capital stock of the pension corporation are beneficially owned by one or more pension plans or funds registered under the Income Tax Act (Canada) and at least 10 per cent of the contributors to each of the pension plans and funds are ordinarily resident in Ontario. 2. A contributor to the pension fund shall be an employee or member covered by the pension fund pursuant to an agreement under which, (i) the employee or member makes direct financial payments to the fund, or (ii) the employer alone makes financial payments to the fund as part of the employment relationship. 3. The percentage of contributors resident in Ontario shall be determined as of the date of purchase by the pension fund of equity shares in a small business development corporation. R.R.O. 1990, Reg. 1020, s. 10.