FINANCIAL CORPORATION

Name Changes 1. On the day that subsection 54 (1) of the Act comes into force, the name of the Ontario Hydro Financial Corporation is changed to Ontario Electricity Financial Corporation in English and Société financière de l’industrie de l’électricité de l’Ontario in French. O. Reg. 115/99, s. 1. 2. (1) On the day that subsection 54 (1) of the Act comes into force, the name of the Ontario Hydro Financial Corporation Pension Plan is changed 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. O. Reg. 115/99, s. 2 (1). (2) On the day that subsection 54 (1) of the Act comes into force, the name of the Ontario Hydro Financial Corporation Pension Fund is changed 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. O. Reg. 115/99, s. 2 (2). Application of Certain Statutory Provisions 3. (1) The following provisions of the Business Corporations Act apply, with necessary modifications, to the Financial Corporation: 1. Section 16 (capacity to act outside Ontario). 2. Subsections 126 (3) and (4) (quorum requirements). 3. Subsection 129 (1) (resolutions in writing). 4. Subsections 136 (1) and (3) to (6) (indemnification of directors, etc.). O. Reg. 115/99, s. 3 (1). (2) Spent: O. Reg. 115/99, s. 3 (2). Fees Payable to the Minister of Finance 4. (1) The Financial Corporation shall pay the fee described in subsection (4) to the Minister of Finance on June 30 each year, beginning in the year 2000. O. Reg. 176/99, s. 1. (2) If June 30 is not a business day in a particular year, the fee is payable on the first business day following June 30. O. Reg. 176/99, s. 1. (3) The fee and any interest that may be payable in respect of it are prescribed for the purposes of subsection 71 (1) of the Act. O. Reg. 176/99, s. 1. (4) The fee equals 0.5 per cent of the sum of the principal amounts of the following: 1. All notes, debentures and other indebtedness issued by the Financial Corporation, the payment of which is guaranteed by the Province of Ontario, that are outstanding on the valuation date. 2. All indebtedness of the Financial Corporation to the Province of Ontario that is outstanding on the valuation date. O. Reg. 176/99, s. 1. (5) If the fee is not paid when due, the Financial Corporation shall pay interest on the fee from the due date until the date the amount is paid. The interest is to be calculated at the rate established under subsection 10 (4) of the Financial Administration Act. O. Reg. 176/99, s. 1. (6) The following rules apply with respect to the calculation of the fee: 1. The principal amount of a note, debenture or other indebtedness is the amount certified as the principal amount by the Provincial Auditor. 2. The valuation date is March 31 in the year in which the payment is due. 3. The principal amount of a note, debenture or other indebtedness that is payable in a currency other than Canadian dollars must be converted to Canadian dollars at the Bank of Canada dollar noon spot exchange rate in effect on the last business day preceding the valuation date. 4. A note or debenture is outstanding, i. if it has been issued and has not been cancelled, or ii. if it has been issued in bearer form and it is not held by or on behalf of the Financial Corporation. 5. The present value of serial zero coupon notes or debentures of the Financial Corporation shall be deemed to be the principal amount of the notes or debentures. 6. The present value of serial zero coupon notes or debentures of the Financial Corporation in the year in which they are issued is the amount credited to the Financial Corporation for the issue of the notes or debentures. 7. The present value of serial zero coupon notes or debentures of the Financial Corporation in a year other than the year in which they are issued is determined as of the anniversary date of the date of their issue that precedes the valuation date. The present value of the notes or debentures is to be calculated at an interest rate equal to the discount rate that determined the original yield to investors on the entire issue of the notes or debentures. O. Reg. 176/99, s. 1. 5. (1) The Financial Corporation shall pay the fee described in subsection (3) to the Minister of Finance on June 30, 1999. O. Reg. 176/99, s. 1. (2) The fee and any interest that may be payable in respect of it are prescribed for the purposes of subsection 71 (1) of the Act. O. Reg. 176/99, s. 1. (3) The fee equals 0.625 per cent of the sum of the principal amounts of the following: 1. All notes, debentures and other indebtedness issued by Ontario Hydro, the payment of which is guaranteed by the Province of Ontario, that are outstanding on December 31, 1998. 2. All indebtedness of Ontario Hydro to the Province of Ontario that is outstanding on December 31, 1998. O. Reg. 176/99, s. 1. (4) Subsection 4 (5) applies with respect to the fee payable under this section. O. Reg. 176/99, s. 1. (5) The following rules apply with respect to the calculation of the fee: 1. The principal amount of a note, debenture or other indebtedness is the amount certified as the principal amount by the auditor who prepares Ontario Hydro’s 1998 financial statements. 2. The principal amount of a note, debenture or other indebtedness that is payable in a currency other than Canadian dollars must be converted to Canadian dollars at the Bank of Canada dollar noon spot exchange rate in effect on December 30, 1998. 3. A note or debenture is outstanding, i. if it has been issued and has not been cancelled, or ii. if it has been issued in bearer form and it is not held by or on behalf of Ontario Hydro. 4. The present value of serial zero coupon notes or debentures of Ontario Hydro shall be deemed to be the principal amount of the notes or debentures. 5. The present value of serial zero coupon notes or debentures of Ontario Hydro in the year in which they are issued is the amount paid or credited to Ontario Hydro for the issue of the notes or debentures. 6. The present value of serial zero coupon notes or debentures of Ontario Hydro in a year other than the year in which they are issued is determined as of the anniversary date of the date of their issue that precedes December 31, 1998. The present value of the notes or debentures is to be calculated at an interest rate equal to the discount rate that determined the original yield to investors on the entire issue of the notes or debentures. O. Reg. 176/99, s. 1.