ontario regulation 392/25

made under the

Financial Administration Act

Made: December 4, 2025
Filed: December 19, 2025
Published on e-Laws: December 19, 2025
Published in The Ontario Gazette: January 3, 2026

Section 28 Exemptions - Building Ontario Fund

Definitions

1. In this Regulation,

“operating agreement” means an agreement, or the portion of an agreement, entered into by the Building Ontario Fund with respect to the ongoing operations of the Building Ontario Fund, and includes any agreement connected to the transaction to which the operating agreement relates, but does not include a project investment agreement; (“accord de fonctionnement”)

“project investment agreement” means an agreement entered into by the Building Ontario Fund with a person or entity mentioned in clause 3 (a) of the Building Ontario Fund Act, 2024 related to Ontario infrastructure projects pursuant to section 3 of that Act. (“accord d’investissement dans des projets”)

Project investment agreement

2. A financial arrangement, financial commitment, guarantee, indemnity or similar transaction that is contained in a project investment agreement is exempt from the application of subsection 28 (1) of the Act.

Operating agreement

3. A financial arrangement, financial commitment, guarantee, indemnity or similar transaction that is contained in an operating agreement is exempt from the application of subsection 28 (1) of the Act if the following requirements are satisfied:

1.  The agreement has a total value of less than or equal to $5 million.

2.  The agreement has a term of 10 years or less.

3.  The agreement is governed by the laws of Ontario.

4.  The agreement complies with,

i.  all applicable policies of the Building Ontario Fund, and

ii.  all applicable laws and government directives.

5.  The agreement relates to activities of the Building Ontario Fund that are permitted under its objects and that are undertaken within Canada.

Commencement

4. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Le ministre des Finances,

Peter Bethlenfalvy

Minister of Finance

Date made: December 4, 2025
Pris le : 4 décembre 2025