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O. Reg. 46/17: ONTARIO CLIMATE CHANGE SOLUTIONS DEPLOYMENT CORPORATION

filed February 17, 2017 under Development Corporations Act, R.S.O. 1990, c. D.10

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ontario regulation 46/17

made under the

Development Corporations Act

Made: February 15, 2017
Filed: February 17, 2017
Published on e-Laws: February 17, 2017
Printed in The Ontario Gazette: March 4, 2017

Ontario Climate Change Solutions Deployment Corporation

CONTENTS

1.

Definition

2.

Corporation established

3.

Object

4.

Same, limitations

5.

Program development

6.

Website re programs

7.

Powers

8.

Minister’s directives

9.

Board of directors

10.

Powers, duties of board

11.

Chief executive officer

12.

Employees and experts

13.

Fiscal year

14.

Audit

15.

Commencement

Definition

1. In this Regulation,

“Minister” means the Minister of the Environment and Climate Change.

Corporation established

2. (1) A corporation without share capital is established under the name Ontario Climate Change Solutions Deployment Corporation in English and Société ontarienne de déploiement des solutions pour l’action contre le changement climatique in French.

(2) The corporation is composed of the members of its board of directors.

(3) The corporation is an agent of the Crown in right of Ontario.

(4) Section 132 (conflict of interest), subsection 134 (1) (standards of care) and section 136 (indemnification) of the Business Corporations Act apply, with necessary modifications, to the corporation and to the board.

(5) The revenues and investments of the corporation do not, despite Part I of the Financial Administration Act, form part of the Consolidated Revenue Fund.

Object

3. The object of the corporation is to stimulate the development of industry, trades and business undertakings in Ontario that further the deployment in Ontario of commercially available technology that reduces greenhouse gas emissions from buildings or from the production of goods, by,

(a) providing information;

(b) engaging in marketing;

(c) providing services and arranging for others to be provided with services;

(d) providing incentives and engaging in financing activities, including providing incentives to individuals;

(e) stimulating private sector financing; and

(f) researching market barriers inhibiting the deployment of that technology and addressing those market barriers.

Same, limitations

4. (1) The corporation’s activities to pursue its object shall support the climate change action plan prepared under section 7 of the Climate Change Mitigation and Low-carbon Economy Act, 2016.

(2) The corporation shall not,

(a) engage in the research and development of technology; or

(b) provide incentives respecting the research and development of technology or engage in financing activities respecting the research and development of technology.

Program development

5. (1) For each of the following sources of greenhouse gas emissions, the corporation shall develop a program to pursue its object:

1. Existing residential buildings, including those with low-income residents.

2. New residential buildings.

3. The production of goods.

(2) The corporation may also develop other programs to pursue its object.

(3) In developing programs to pursue its object, the corporation shall determine an appropriate balance among the following, with particular emphasis on paragraph 1:

1. Maximize absolute greenhouse gas reductions.

2. Stimulate activities such as the following:

i. Switching from using fossil fuel energy to using another source of energy.

ii. Storing energy so that the energy can be used later.

iii. Using renewable energy for generating electricity, for heating or for cooling.

iv. Retrofitting an existing building or facility to substantially reduce its greenhouse gas emissions or to eliminate its greenhouse gas emissions.

3. Stimulate economies of scale that will further the deployment of technology described in section 3.

4. Stimulate private sector financing that will further the deployment of technology described in section 3.

5. Stimulate the use of technology described in section 3 to address specific needs of low-income households.

6. Stimulate the construction of new buildings that significantly exceed the energy efficiency requirements of Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992.

(4) The corporation shall monitor the outcomes of its programs and shall use that information in order to continually improve its programs.

Website re programs

6. (1) The corporation shall maintain a website that has information about its programs and that has, to the extent possible, information about similar programs that are,

(a) available to persons in Ontario; and

(b) intended to stimulate the use of technology described in section 3.

(2) The website must provide information about what the corporation is doing to monitor the outcomes of its programs and must provide information about what the corporation has done to continually improve them.

Powers

7. (1) The corporation has the capacity, rights, powers and privileges of a natural person for carrying out its object, including the powers described in subsection 12 (1) of the Act, subject to any limitations set out in the Act or in this Regulation.

(2) The revenues of the corporation shall be applied to carrying out its object.

(3) The corporation shall not establish a subsidiary, except with the approval of the Lieutenant Governor in Council.

Minister’s directives

8. The corporation shall comply with the written directives, if any, issued by the Minister to the corporation’s board of directors.

Board of directors

9. (1) The corporation’s board of directors shall be composed of not fewer than three directors and not more than 12 directors appointed by the Lieutenant Governor in Council.

(2) In appointing individuals under subsection (1), the Lieutenant Governor in Council shall aim to appoint individuals who collectively have experience and expertise in the following areas:

1. Finance.

2. Ontario’s energy system.

3. Working with low-income communities.

4. Designing buildings with low greenhouse gas emissions or reducing greenhouse gas emissions from buildings by using commercially available technology.

5. Reducing greenhouse gas emissions from the production of goods by using commercially available technology.

6. Corporate law or regulatory law.

7. Corporate governance.

8. Risk management.

9. Consumer marketing.

(3) The Lieutenant Governor in Council shall designate one of the directors as chair and one or two members as vice-chairs.

(4) The chair shall preside over the meetings of the board.

(5) If the chair is absent or unable to act or if the office of chair is vacant, a vice-chair shall act as the chair and has all the powers, duties and functions of the chair.

(6) If the chair and all vice-chairs are absent or unable to act or if the offices of chair and vice-chair are vacant, a director designated by the board shall act as the chair and has all the powers, duties and functions of the chair.

(7) A majority of the directors constitutes a quorum of the board, unless the by-laws provide for a higher threshold.

Powers, duties of board

10. (1) The affairs of the corporation are under the management and control of the board.

(2) The board may pass by-laws and resolutions for conducting and managing the affairs of the corporation, including for,

(a) appointing officers and assigning to them such powers and duties as the board considers appropriate;

(b) maintaining accounts and making other arrangements with a financial institution; and

(c) establishing committees.

Chief executive officer

11. (1) The board shall appoint a chief executive officer.

(2) The chief executive officer is responsible for the operation of the corporation, subject to the supervision and direction of the board.

Employees and experts

12. (1) The corporation may employ such persons as it considers necessary for the proper conduct of the business of the corporation and may prescribe their duties and other terms of employment and provide for the payment of their remuneration and expenses.

(2) The corporation may engage persons other than those employed under subsection (1) to provide professional, technical or other assistance to or on behalf of the corporation, and may set their duties and other terms of engagement and provide for the payment of their remuneration and expenses.

Fiscal year

13. The corporation’s fiscal year begins on April 1 in each year and ends on March 31 in the following year.

Audit

14. (1) The board shall appoint one or more licensed public accountants to audit the accounts and financial transactions of the corporation and its subsidiaries, if any, for the previous fiscal year.

(2) The Auditor General may audit the accounts and financial transactions of the corporation or its subsidiaries, if any, for any fiscal year.

(3) The Minister may at any time appoint a licensed public accountant, other than the person appointed under subsection (1), to audit the accounts and financial transactions of the corporation or any of its subsidiaries, if any, for any period of time that the Minister specifies.

(4) If the Minister requires that an audit of the corporation be conducted under subsection (3), the corporation shall co-operate fully with the person performing the audit to facilitate the audit.

Commencement

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

 

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