Order in Council 757/2026
On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:
Whereas WTFN Investment (Unit 1) Holdings LP (the “Borrower”) proposes to finance up to $700 million to purchase a convertible debenture related to the Darlington New Nuclear Project, the Borrower will finance such investment through a syndicated, secured loan with an aggregate principal amount of up to $720 million with a maturity not exceeding 50 years and at an adjustable interest rate (the “Loan”);
And whereas the Canada Indigenous Loan Guarantee Corporation (“CILGC”) proposes to guarantee the Borrower’s payments due under the Loan (the “Guarantee”), such payments not to exceed $720 million in principal, the amount of any accrued and unpaid interest due under the Loan and up to $150,000 in enforcement costs, all in accordance with section 2.1 of the Guarantee (the “Guaranteed Obligations”) provided the Minister of Finance, on behalf of Ontario, indemnifies CILGC for up to 50% of Guaranteed Obligations payments incurred by CILGC under the Guarantee and 100% of cure payments made solely at Ontario’s election;
Therefore,
- Pursuant to section 22 (1) of the Financial Administration Act (the “Act”), the Minister of Finance, on behalf of Ontario, is authorized to indemnify CILGC for 50% of the Guaranteed Obligations incurred by CILGC, and 100% of any cure payments paid by CILGC in accordance with section 3.17 of the Guarantee that were elected solely by Ontario and not by CILGC in an amount not to exceed the amount of the Guaranteed Obligations, in accordance with the terms of this Order (the “Indemnity”).
- Pursuant to section 22 (2) of the Act, the Minister of Finance is authorized to determine, subject to the maximum liability set out above, the terms, conditions and amount on which the Indemnity will be given.
- Pursuant to section 22 (4) of the Act, CILGC shall pay to the Minister of Finance fees of (i) 50% of 1.00% of the amount of each draw under the Loan; (ii) 50% of 0.125% of the outstanding principal amount of the Loan per year prior to conversion of the debenture; and (iii) 50% of 0.25% of the outstanding principal amount of the Loan per year following conversion of the debenture.
Approved and Ordered: May 14, 2026