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170627 Special Meeting AGDTable of Contents Agenda 2 Tillsonburg Hydro Inc. Annual General Meeting Tillsonburg Hydro Inc. Agenda Packet 2017-06-27 12- 00 4 By-Law 4118, To Confirm the Proceedings of the Council Meeting of June 27, 2017. By-law 4118 Confirming June 27 32 1 = 1. Call to Order 2. Adoption of Agenda Proposed Resolution #1 Moved By: Seconded By: THAT the Agenda as prepared for the Council meeting of Tuesday, June 27, 2017 , be adopted. 3. Moment of Silence 4. Disclosures of Pecuniary Interest and the General Nature Thereof 5. Public Meetings 5.1. Tillsonburg Hydro Inc. Annual General Meeting Tillsonburg Hydro Inc. Agenda Packet 2017-06-27 12-00 Proposed Resolution # 2 Moved By: Seconded By: THAT Council move into the Annual General Meeting of the Shareholder of Tillsonburg Hydro Inc. 6. Notice of Motions 7. By-Laws By-Laws from the Meeting of Tuesday, June 27, 2017 Proposed Resolution #3 Moved By: Seconded By: The Corporation of the Town of Tillsonburg COUNCIL MEETING Tuesday, June 27, 2017 10:00 AM Council Chambers 200 Broadway, 2nd Floor AGENDA 2 Council Meeting – Agenda - 2 - 7.1. THAT By-law 4118 Confirming June 27 To Confirm the Proceedings of the Council Meeting of June 27, 2017, be read for a first, second and third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 8. Adjournment Proposed Resolution # 4 Moved By: Seconded By: THAT the Council Meeting of Tuesday, June 27, 2017 be adjourned at _____ p.m. 3 Table of Contents Agenda 2 Minutes of the Annual General Meeting of June 21, 2016 160621 THI AGM Min 5 2016 Audited Financial Statements 2016 Tillsonburg Hydro Inc. Financial Statements 10 THI Independence Letter 27 14 1. Call to Order 2. Adoption of Agenda Resolution No. 1: THAT the agenda for the Annual General Meeting of Directors of Tillsonburg Hydro In. on Tuesday, June 27, 2017 , be adopted. 3. Disclosures of Pecuniary Interest and the General Nature Thereof 4. Adoption of Minutes of Previous Meeting 160621 THI AGM Min Resolution No. 2: THAT the Minutes of the Tillsonburg Hydro Inc. Annual General Meeting of June 21, 2016, be approved. 5. Appointments 5.1. Appointment of Directors for Tillsonburg Hydro Inc. Resolution No. 3: THAT the appointment of Directors for Tillsonburg Hydro Inc. for the current term until the next Annual General Meeting shall be as follows: John Gilvesy, Daniel Rasokas, Alex Urbanowicz, Ann Loker, Ernie Vidovic, Julie Ann Snell and ______________________(Shareholder Representative). Tillsonburg Hydro Inc. ANNUAL GENERALMEETING Tuesday, June 27, 2017 10:00 AM Council Chambers 200 Broadway, 2nd Floor, Tillsonburg AGENDA 25 THI Board Meeting – Agenda - 2 - 6. Finance 6.1. Finance 6.1.1. 2016 Audited Financial Statements 2016 Tillsonburg Hydro Inc. Financial Statements THI Independence Letter Resolution No. 4: THAT The auditor’s report for 2016 as presented by Christine Scrimgeour, CPA, CA, Scrimgeour & Company, and all activities and transactions for the year ended December 31, 2016 be approved. 6.1.2. Appointment of Auditor for the 2017 Fiscal Year Resolution No. 5: THAT the Shareholder appoint Christene Scrimgeour, CPA, CA, Scrimgeour & Company, as auditor for Tillsonburg Hydro Inc. for the 2017 fiscal year. 7. Legal 7.1. Appointment of Legal Council for the 2017 Fiscal Year Resolution No. 6: THAT the Shareholder appoint Aird & Berlis, LLP as general legal counsel for Tillsonburg Hydro Inc. for the 2017 fiscal year. 7.2 Ratification of Tillsonburg Hydro Inc. Board Decisions for the 2016 Fiscal Year Resolution No. 7: THAT the actions and proceedings of the Board of Directors of Tillsonburg Hydro Inc. for the 2016 fiscal year be hereby ratified and confirmed. 36 THI Board Meeting – Agenda - 3 - 8. Adjournment Resolution No. 8: THAT the Annual General Meeting of Tillsonburg Hydro Inc. be adjourned at ________p.m. 47 Attendance: Mayor Stephen Molnar Deputy Mayor Beres Councillor Adam Councillor Esseltine Councillor Rosehart Regret: Councillor Jim Hayes Councillor Stephenson Board Members: Chair John Gilvesy Alex Urbanowicz Ann Loker Daniel Rasokas Cliff Evanitski 1. Call to Order The meeting was called to order at 11:10 a.m. 2. Adoption of Agenda Resolution No. 1: Moved By: Councillor Rosehart Seconded By: Councillor Esseltine THAT the agenda for the Annual General Meeting of Directors of Tillsonburg Hydro In. on Tuesday, June 21, 2016, be adopted. Carried Tillsonburg Hydro Inc. ANNUAL GENERAL MEETING Tuesday, June 21, 2016 11:00 AM Council Chambers 200 Broadway, Tillsonburg MINUTES 58 THI Board Meeting – Agenda - 2 - 3. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 4. Adoption of Minutes of Previous Meeting Tillsonburg Hydro Inc. AGM Minutes 2015-06-16 Resolution No. 2: Moved By: Councillor Rosehart Seconded By: Councillor Esseltine THAT the Minutes of the Tillsonburg Hydro Inc. Annual General Meeting of June 16, 2015, be approved. Carried 5. Appointments 5.1. Appointment of Director for Tillsonburg Hydro Inc. Resolution No. 3: Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT John Gilvesy, Daniel Rasokas, Alex Urbanowicz, Cliff Evanitski , Ann Loker and Dave Beres shall be appointed as Directors for Tillsonburg Hydro Inc. until a special meeting of the Shareholder is called in October 2016. Carried 6.0 Finance 6.1 2015 Audited Financial Statements 2015 Tillsonburg Hydro Inc Financial Statements Unsigned Auditor Indepen ltr Christene Scrimgeour, Auditor for THI, presented the 2015 Annual Financial Statements. 69 THI Board Meeting – Agenda - 3 - The Board was given the opportunity to ask questions. Resolution No. 4: Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT The auditor’s report for 2015 as presented by Christine Scrimgeour, CPA, CA, Scrimgeour & Company, and all activities and transactions for the year ended December 31, 2015 be approved. Carried 6.2 Appointment of Auditor for the 2016 Fiscal Year Resolution No. 5: Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the Board appoint Christene Scrimgeour, CPA, CA, Scrimgeour & Company, as auditor for Tillsonburg Hydro Inc. for the 2016 fiscal year. Carried 7.0 Legal 7.1 Appointment of Legal Council for the 2016 Fiscal Year Resolution No. 6: Moved By: Councillor Adam Seconded By: Councillor Esseltine THAT the Board appoint Aird & Berlis, LLP as general legal counsel for Tillsonburg Hydro Inc. for the 2016 fiscal year. Carried 710 THI Board Meeting – Agenda - 4 - 7.2 Ratification of Tillsonburg Hydro Inc. Board Decisions for the 2015 Fiscal Year Resolution No. 7: Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT the actions and proceedings of the Board of Directors of Tillsonburg Hydro Inc. for the 2015 fiscal year be hereby ratified and confirmed. Carried 8 Other Business 8.1 Shareholder Nominating Committee The Chair requested that the vacancy be filled as soon as possible by the Shareholder. The Shareholder indicated that the plan will be to interview the applicants and to complete the review of the MSA and MOUD. The Board is currently developing a strategic plan as well as a review of the governance documents. There will be a survey provided by a Board consultant to develop the strategic plan. The survey will be provided to Council, staff and the community. Resolution No. 8 Moved By: Deputy Mayor Beres Seconded By: Councillor Adam THAT a Shareholder Nominating Committee be formed; AND THAT Mayor Molnar, Councillor Esseltine and Councillor Rosehart be appointed to the Shareholder Nominating Committee. Carried Councillor Adam excused himself from the meeting at 11:25 a.m. 811 THI Board Meeting – Agenda - 5 - 8.2 Tillsonburg Hydro Inc. Shareholder Governance Committee Councillor Adam returned to the meeting at 11:29 a.m. Resolution No. 9: Moved By: Mayor Molnar Seconded By: Councillor Rosehart THAT a Tillsonburg Hydro Inc. Shareholder Governance Committee be formed; AND THAT Councillor Hayes, Councillor Stephenson, and Mayor Molnar be appointed to the Tillsonburg Hydro Inc. Shareholder Governance Committee. Carried 9 Adjournment Resolution No. 10: Moved By: Mayor Molnar Seconded By: Councillor Rosehart THAT the Annual General Meeting of Tillsonburg Hydro Inc. be adjourned at 11:31 a.m and THAT Council move back into regular session. Carried 912 TILLSONBURG HYDRO INC. FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 1013 TILLSONBURG HYDRO INC. FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 -1-Independent Auditor's Report -2-Statement of Financial Position -3-Statement of Retained Earnings -4-Statement of Comprehensive Income -5-Statement of Cash Flows -6- Notes to the Financial Statements 1114 1215 -2- TILLSONBURG HYDRO INC. STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 31, 2016 2016 2015 ASSETS Current Cash and short-term investments $343,999 $723,952 Accounts receivable (note 3)6,208,798 5,489,726 Inventory 276,107 256,243 Prepaid expenses 28,644 81,622 6,857,548 6,551,543 Property, plant and equipment (note 5) Cost 21,701,360 20,860,602 Less accumulated amortization (11,275,020)(10,947,022) 10,426,340 9,913,580 Other assets Regulatory assets (note 6)-212,035 Non-utility capital assets (note 11)74,336 89,109 74,336 301,144 TOTAL ASSETS $17,358,224 $16,766,267 LIABILITIES AND SHAREHOLDER'S EQUITY Current Accounts payable and accrued liabilities $2,342,859 $2,742,645 Income tax payable (note 3)3,986 23,556 Customer deposits 39,533 28,260 Current portion of long term debt (note 7)149,528 142,910 Deposits in aid of construction 11,503 10,247 Due to related parties (note 12)829,781 740,651 3,377,190 3,688,269 Long term Customer deposits 236,440 233,076 Deferred contributions (note 8)2,201,188 2,191,154 Long term debt (note 7)109,219 258,747 2,546,847 2,682,977 Regulatory liabilities (note 6)705,974 - TOTAL LIABILITIES 6,630,011 6,371,246 Shareholder's equity Common shares (note 9)6,992,565 6,992,565 Contributed capital 990,387 990,387 Retained earnings (page 3)2,745,261 2,412,069 10,728,213 10,395,021 TOTAL LIABILITIES AND SHAREHOLDER'S EQUITY $17,358,224 $16,766,267 On behalf of the Board:_________________________________________________________ The accompanying notes are an integral part of these financial statements. 1316 -3- TILLSONBURG HYDRO INC. STATEMENT OF RETAINED EARNINGS FOR THE YEAR ENDED DECEMBER 31, 2016 2016 2015 RETAINED EARNINGS, BEGINNING OF YEAR $2,412,069 $1,867,302 Comprehensive income for the year (page 4)483,192 694,767 Dividends (150,000) (150,000) RETAINED EARNINGS, END OF YEAR $2,745,261 $2,412,069 The accompanying notes are an integral part of these financial statements. 1417 -4- TILLSONBURG HYDRO INC. STATEMENT OF COMPREHENSIVE INCOME FOR THE YEAR ENDED DECEMBER 31, 2016 2016 2015 Electricity revenue $26,053,864 $23,698,378 Cost of power 26,053,864 23,698,378 Gross margin on power -- Distribution revenue Distribution service (note 6)3,430,117 3,390,520 Retail service 11,580 9,172 Other 219,748 252,228 3,661,445 3,651,920 Net non-utility activities (note 11)39,806 32,762 Expenditures Operating and maintenance (note 6)677,226 789,106 Billing and collecting 604,067 586,908 General administration 1,415,708 1,066,737 Regulatory (note 6)28,003 58,136 Amortization (note 3)327,998 325,196 Interest and finance charges 40,557 45,332 3,093,559 2,871,415 Net operating revenue 607,692 813,267 Provision for payment in lieu of corporate taxes (note 10)124,500 118,500 COMPREHENSIVE INCOME FOR THE YEAR $483,192 $694,767 The accompanying notes are an integral part of these financial statements. 1518 -5- TILLSONBURG HYDRO INC. STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2016 2016 2015 OPERATING ACTIVITIES Comprehensive income for the year (page 4)$483,192 $694,767 Changes not involving cash Amortization 327,998 325,196 Net change in non-cash working capital balances related to operations (A)(1,003,655)(432,917) (192,465)587,046 INVESTING ACTIVITIES Deferred contributions 10,034 267,787 Capital asset acquisitions (net of dispositions)(840,758)(591,805) Non-utility capital asset disposals (acquisitions)14,773 14,773 (815,951)(309,245) FINANCING ACTIVITIES Regulatory assets (liabilities)918,009 10,290 Customer deposits-long term 3,364 2,597 Debt advances (repayments)(142,910)(136,600) Dividends paid (150,000)(150,000) 628,463 (273,713) Change in cash during the year (379,953)4,088 CASH AND SHORT-TERM INVESTMENTS, BEGINNING OF YEAR 723,952 719,864 CASH AND SHORT-TERM INVESTMENTS, END OF YEAR $343,999 $723,952 (A) Consists of changes in accounts receivable, inventory, prepaid expenses, accounts payable and accrued liabilities, income taxes payable, current customer deposits, deposits in aid of construction and due to related parties. The accompanying notes are an integral part of these financial statements. 1619 -6- TILLSONBURG HYDRO INC. NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 1. Reporting entity Tillsonburg Hydro Inc. (the Corporation) was incorporated under the Business Corporations Act (Ontario) on October 26, 2000 to distribute electrical power to the residents of the Town of Tillsonburg in accordance with Section 144 of the Electricity Act, 1998. The Corporation is wholly owned by the Town of Tillsonburg. The Corporation operates under a licence issued by the Ontario Energy Board ("OEB"). The Corporation is regulated by the OEB and adjustments to the Corporation's distribution and power rates require OEB approval. The address of the Corporation's registered office is 200 Broadway Street, 2nd Floor, Tillsonburg, Ontario, N4G 5A7. 2.Basis of presentation The Corporation's financial statements have been prepared in accordance with International Financial Reporting Standards ("IFRS") as adopted by the International Accounting Standards Board ("IASB") and interpretations as issued by the International Financial Reporting Interpretations Committee ("IFRIC") of the IASB. Approval of the financial statements The financial statements were approved by the Board of Directors on April 25, 2017. Basis of measurement The financial statements have been prepared on the historical cost basis. These financial statements have been prepared using the accrual basis of accounting. The accrual basis of accounting recognizes revenue as it becomes available and measurable. Expenses are recognized as they are incurred and measurable as a result of the receipt of goods or services and the creation of a legal obligation to pay. Functional and presentation currency These financial statements are presented in Canadian dollars, which is the Corporation's functional currency. 1720 -7- TILLSONBURG HYDRO INC. NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 2.Basis of presentation continued Use of estimates The preparation of financial statements in conformity with IFRS requires management to make certain estimates and assumptions that affect reported amounts of assets and liabilities, disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the period. Such estimates are periodically reviewed and any adjustments necessary are reported in earnings in the period in which they become known. Actual results could differ from these estimates. Estimates and underlying assumptions are reviewed on an ongoing basis. Revisions to accounting estimates are recognized in the year in which the estimates are revised and in any future periods affected. In particular, information about significant areas of estimation uncertainty and critical judgments in applying accounting policies that have the most significant effect on the amounts recognized in these financial statements is included in the following notes: i. Note 3 - Revenue recognition - estimate of unbilled revenue ii.Note 3 - Accounts receivable - allowance for impairment iii.Note 3 - Property, plant and equipment, useful lives and the identification of significant components of property, plant and equipment iv.Note 6 - Recognition and measurement of regulatory balances Rate setting and industry regulation The Ontario Energy Board Act (1998) (the Act) gave the Ontario Energy Board (OEB) powers and responsibilities to approve or set rates for the transmission and distribution of electricity, providing continued rate protection for electricity consumers, and ensuring that distribution companies fulfil obligations to connect and service customers. In its capacity to approve or set rates, the OEB has the authority to specify regulatory accounts treatment that may differ from IFRS for enterprises operating in a non-rate regulated environment. The Act provides for a competitive market in the sale of electricity in addition to the regulation of the monopoly electricity delivery system in Ontario. The OEB has regulatory authority over the electricity delivery sector. The Act sets out the Board's powers to issue a distribution license, which must be obtained by any person owning or operating a distribution system under the Act. The Act allows the Board to prescribe license requirements and conditions to electricity distributors, which includes such considerations as specified accounting records, regulatory accounting principles, separation of accounts for separate businesses and filing requirements for rate setting purposes. 1821 -8- TILLSONBURG HYDRO INC. NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 2.Basis of presentation continued Rate setting and industry regulation With the commencement of the open market, the Corporation purchases electricity from the Independent Electricity System Operator (IESO), at spot market rates and charges its customers unbundled rates. The unbundled rates include the actual cost of generation and transmission of electricity and an approved rate for electricity distribution. The cost of generation, transmission and other charges such as connection and debt retirement are collected by Tillsonburg Hydro Inc. and remitted to the IESO. The Corporation retains the distribution charge on the customer hydro invoices. The OEB has the general power to include or exclude costs, revenues, losses or gains in the rates of a specific period, resulting in a change in the timing of accounting recognition from that which would have applied in an unregulated Corporation. Such change in timing gives rise to the recognition of regulatory assets and liabilities. The Corporation's regulatory assets represent certain amounts receivable from future customers and costs that have been deferred for accounting purposes because it is probable that they will be recovered on future rates. In addition, the Corporation has recorded regulatory liabilities, which will represent amounts for expenses incurred in different periods than would be the case had the Corporation been unregulated. Specific regulatory assets and liabilities are disclosed in note 6. The Corporation's approved distribution rates include components for the recovery of distribution expenses, regulatory assets and liabilities, payments in lieu of corporate income taxes, and a rate of return on capital assets. On October 9, 2014, the Corporation submitted a Incentive Regulation Mechanism (IRM) rate setting application to the OEB for 2015 Electricity Distribution Rates. On March 19, 2015, the Corporation received a decision from the OEB that approved changes to rates that the Corporation charges for electricity distribution, to be effective May 1, 2015. On November 2, 2015, the Corporation submitted a Price Cap Incentive Rate-setting application to the OEB for 2016 Electricity Distribution Rates. On March 17, 2016, the Corporation received a decision from the OEB that approved changes to the rates that the Corporation charges for Electricity distribution, to be effective May 1, 2016. 1922 -9- TILLSONBURG HYDRO INC. NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 3. Significant accounting policies The accounting policies set out below have been applied consistently in all years presented in these financial statements. Cash and cash equivalents Cash and cash equivalents include cash in bank accounts and short-term investments with maturities of less than one year when purchased. Revenue recognition Service revenue is recorded on the basis of regular meter readings and estimates of customer usage since the last meter reading to the end of the year (unbilled revenue). Estimated customer usage from the last billing date to the end of the year is included in revenue. The Corporation applies judgment to the measurement of the estimated consumption and to the valuation of that consumption. Unbilled revenue, which is included in accounts receivable, at December 31, 2016 was $2,920,683 (2015 - $2,780,435). Accounts receivable Accounts receivable are shown net of an allowance for doubtful accounts of $96,629 (2015 - $57,713). Inventory Inventory consists of repair parts, supplies and material held for future capital expansion and maintenance activities and is valued at the lower of cost and net realizable value, with cost being determined on an average cost basis. Items considered major spare parts are recorded as capital assets. Property, plant and equipment Property, plant and equipment are measured at cost or deemed cost established on the transition date. Cost includes expenditures that are directly attributable to the acquisition of the asset. The cost of self-constructed assets includes the cost of materials and direct labour and any other costs directly attributable to bringing the asset to a working condition for its intended use. Parts of an item of property, plant and equipment that have different useful lives are accounted for as separate items (major components) of property, plant and equipment. 2023 -10- TILLSONBURG HYDRO INC. NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 3.Significant accounting policies continued Property, plant and equipment continued Amortization is recognized in comprehensive income on a straight-line basis over the estimated useful life of each part or component of property, plant and equipment. Land is not amortized. The estimated useful lives are as follows: Distribution station equipment 40 years Poles, towers and fixtures 50 years Overhead conductors 60 years Overhead devices 40 years Underground conduit 50 years Underground conductors and devices 30 years Transformers 40 years Services - overhead 50 years Services - underground 40 years Distribution meters 25 years Smart meters 15 years Computer hardware 5 years Computer software 5 years Amortization methods, useful lives and residual values are reviewed at each reporting date. Impairment Property, plant and equipment assets with finite lives are tested for recoverability whenever events or changes in circumstances indicate a possible impairment. Any impairment is recognized in comprehensive income when the asset's carrying value exceeds its estimated recoverable amount. An impairment charge may be reversed only if there is objective evidence that a change in the estimate used to determine the asset's recoverable amount since the last impairment was recognized is warranted. A reversal of an impairment charge is recognized immediately in comprehensive income. After such a reversal, the amortization charge, where relevant, is adjusted in future periods on a systematic basis over the asset's remaining useful life. 2124 -11- TILLSONBURG HYDRO INC. NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 3.Significant accounting policies continued Deferred contributions Certain assets may be acquired or constructed with financial assistance in the form of contributions from customers where the estimated revenue is less than the cost of providing service or where special equipment is needed to supply the customers' specific requirements. Since the contributions will provide customers with ongoing access to the supply of electricity, these contributions are classified as deferred contributions and are amortized as revenue on a straight-line basis over the useful life of the constructed or contributed asset. Payment in lieu of corporate income taxes The Corporation provides for payments in lieu of corporate income taxes using the taxes payable method. Under the taxes payable method, no provisions are made for the future income taxes as a result of temporary differences between the tax basis of assets and liabilities and their carrying amounts for accounting purposes. When unrecorded future income taxes become payable, it is expected that they will be included in the rates approved by the OEB and recovered from the customers of Tillsonburg Hydro Inc. Regulatory policies Tillsonburg Hydro Inc. has adopted the following policies, as prescribed by the Ontario Energy Board (OEB) for rate-regulated enterprises. The policies have resulted in accounting treatments differing from International Financial Reporting Standards. IFRS 14, which will undergo a comprehensive review by IASB in future years, allows the Corporation to continue to follow the prescribed OEB policies to record the following assets and liabilities: 1. Various regulatory costs have been deferred in accordance with criteria set out in the OEB's Accounting Procedures handbook. In the absence of such regulation, their costs would have been expensed when incurred under IFRS. 2. The Corporation has deferred certain retail settlement variance amounts under the provisions of Article 490 in the OEB's Accounting Procedures handbook. Future accounting pronouncements A number of new standards, amendments and interpretations under IFRS are not yet effective for the year ended December 31, 2016, and have not yet been applied in preparing these financial statements. The Corporation continues to analyze these standards, however, it is not anticipated these will have a material impact on its financial statements. 2225 -12- TILLSONBURG HYDRO INC. NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 4. Financial instruments The fair value of cash, accounts and income taxes receivable, due from (to) related parties, accounts payable and accrued liabilities and customer deposits is approximately equal to their carrying value given their short-term maturity date. Exposure to market risk, credit risk, and liquidly risk arises in the normal course of the Corporation's business. Market risk refers primarily to risk of loss that results from changes in commodity prices, foreign exchange rates and interest rates. The Corporation does not have market risk due to the flow through nature of its energy purchases and costs. The Corporation does not have foreign exchange risk. The Corporation minimizes interest rate by issuing long-term fixed rate debt. Financial assets create credit risk if customers fail to discharge an obligation, causing a financial loss. The Corporation's distribution revenue is earned on a broad base of customers principally located in Tillsonburg, with no single customer that accounts for revenue or accounts receivable balance in excess of 10% of the respective balance. The Corporation invests in short-term investments which are not considered a credit risk. Liquidly risk is the risk that the Corporation will not be able to meet its financial obligations as they become due. Short-term liquidity is expected to be sufficient to fund normal operating requirements. 5. Property, plant and equipment The value of property, plant and equipment as at year end are as follows: Accumulated Net Net Cost Amortization 2016 2015 Substation land $11,520 $-$11,520 $11,520 Substation equipment 404,210 (348,066)56,144 58,124 Distribution system 20,709,619 (10,351,819)10,357,800 9,842,477 Computer hardware 19,886 (19,858)28 46 Computer software 556,125 (555,277)848 1,413 $21,701,360 $(11,275,020)$10,426,340 $9,913,580 2326 -13- TILLSONBURG HYDRO INC. NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 6.Regulatory assets and liabilities The following expenses (recoveries) may be considered by the Ontario Energy Board in future rate applications and accordingly have been deferred until such time as direction is provided by the OEB. 2016 2015 Regulatory assets (liabilities): Retail settlement variances $(841,448)$135,903 Deferred costs 33,849 34,193 Recovery of regulatory assets 101,625 41,939 Total regulatory liabilities $(705,974)$212,035 The retail settlement variance accounts represent the difference between the amount charged by the IESO based on the settlement invoice and the amount billed to customers using the OEB approved rates. The disposition of these amounts is expected to be reflected in future rate adjustments. The balance in the recovery of regulatory assets represents the amount that the OEB has considered final in prior applications and set a rate for recovery. The Corporation continually assesses the likelihood of recovery of each of it's regulatory assets and liabilities into the setting of future rates. If, at some future date, the Corporation judges that it is no longer probable that the OEB will include a regulatory asset or liability in future rates, the appropriate carrying amount will be reflected in results of operations in the period that the assessment is made. 2427 -14- TILLSONBURG HYDRO INC. NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 7.Long term debt The Corporation incurred long term financing for the smart meter program. The debt is a bank loan, repayable over 10 years, bears interest at 4.53%, and has the option of a 10% prepayment each year. The loan is secured by a general security agreement. Principal repayments over the next three years are as follows: 2017 $149,528 2018 $109,219 8.Deferred contributions Deferred customer contributions in aid of construction or acquisition of property, plant and equipment is as follows: 2016 2015 Deferred contributions received $3,173,337 $3,092,196 Less: Amount recognized as distribution revenue (972,149)(901,042) Deferred contributions, end of year $2,201,188 $2,191,154 9.Share capital The share capital of the Corporation consists of the following: Authorized: Unlimited common shares Unlimited number of Class A shares - non-voting, non-cumulative redeemable 2016 2015 Issued 1 voting common share $6,992,565 $6,992,565 2528 -15- TILLSONBURG HYDRO INC. NOTES TO FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2016 10.Payments in lieu of corporate income taxes As a regulated Lines Distribution Corporation, Tillsonburg Hydro Inc. is required to remit payments in lieu of corporate income taxes as follows: 2016 2015 Income taxes - current $124,500 $118,500 Payments in lieu of corporate income taxes are calculated on the net operating revenues, adjusted for timing differences arising on differences between amortization of capital assets for tax purposes. The applicable rates for the year ending December 31, 2016 are 26.5% (2015 - 26.5%) combined federal and provincial rates. The timing differences based on the amortization for tax purposes are not material and therefore, deferred taxes are not recorded. 11.Net non-utility activities Independent Electricity System Operator/Ontario Power Authority funded Conservation and Demand Management programs are not regulated by the OEB and therefore, are classified as non- utility activities. Consequently, these net revenues are not recognized for rate-setting purposes. The non-utility capital assets are comprised of solar powered equipment which is not regulated by the OEB. These assets are being amortized over their useful lives and are shown as non-utility capital assets. The net revenue generated from these assets is recorded in the non-utility activities. 12.Related party transactions Banking and accounting activities are administered by the Town of Tillsonburg on behalf of Tillsonburg Hydro Inc. Amounts due from (to) related parties represent the net working capital position between the Town and the Corporation. A Master Service Agreement, which was updated in 2013, governs the financial relationship between the Corporation and the Town of Tillsonburg. These financial statements reflect this Agreement. This Agreement is currently being reviewed. 13.Prudential support Tillsonburg Hydro Inc. has posted a letter of credit with the Independent Electricity System Operator (IESO) in the amount of $956,406 (2015 - $956,406). The IESO is responsible for ensuring that prudential support is posted by all market participants to satisfy their prudential support and obligation and, therefore, mitigate the impact of an event of default by a market participant on the rest of the market. 14.Comparative balances Certain comparative balances have been reclassified to conform with the current year's financial statement presentation. 2629 2730 2831 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 4118 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 27th day of June, 2017 WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillsonburg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on June 27th, 2017, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 27th DAY OF JUNE, 2017. READ A THIRD AND FINAL TIME AND PASSED THIS 27TH DAY OF JUNE, 2017. _____________________________ MAYOR – Stephen Molnar ______________________________ TOWN CLERK – Donna Wilson 32