O. Reg. 14/18: ONTARIO ELECTRICITY SUPPORT PROGRAM
filed February 9, 2018 under Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B
Skip to contentontario regulation 14/18
made under the
Ontario Energy Board Act, 1998
Made: February 7, 2018
Filed: February 9, 2018
Published on e-Laws: February 9, 2018
Printed in The Ontario Gazette: February 24, 2018
ONTARIO ELECTRICITY SUPPORT PROGRAM
Interpretation
1. (1) In this Regulation,
“account-holder” means a consumer,
(a) who has an account with a licensed distributor that falls within a residential-rate classification as specified in a rate order made by the Board under section 78 of the Act, and who lives at the service address to which the account relates for at least six months in a year,
(b) who has an account with Dubreuil Lumber Inc. or Cornwall Street Railway Light and Power Company Limited for electricity service at a dwelling, and who lives at the dwelling for at least six months in a year, or
(c) who has an account with a unit sub-meter provider for electricity service at a dwelling, and who lives at the dwelling for at least six months in a year; (“détenteur de compte”)
“centralized service provider” means the entity engaged by the Board to administer the OESP on the Board’s behalf; (“fournisseur de service centralisé”)
“electricity-intensive medical device” means an oxygen concentrator, a mechanical ventilator or a kidney dialysis machine; (“appareil médical à forte consommation d’électricité”)
“electricity provider” means, in relation to an account-holder, the licensed distributor referred to in clause (a) or (b) of the definition of “account-holder” or the unit sub-meter provider referred to in clause (c) of that definition, as the case may be; (“fournisseur d’électricité”)
“embedded distributor” means a licensed distributor who is not a market participant and to whom a host distributor distributes electricity; (“distributeur intégré”)
“host distributor” means a licensed distributor who is a market participant and who distributes electricity to an embedded distributor; (“distributeur hôte”)
“household” means, subject to subsections (2) and (3), the account-holder and any other people living at the account-holder’s service address or dwelling for at least six months in a year, including people other than the account-holder’s spouse, children or other relatives; (“ménage”)
“household income” means the combined annual after-tax income of all members of a household aged 18 or over; (“revenu du ménage”)
“Indigenous person” means a person who is a First Nations person, a Métis person or an Inuit person; (“Autochtone”)
“licensed distributor” means a distributor who is licensed under Part V of the Act; (“distributeur titulaire d’un permis”)
“OESP” means the Ontario Electricity Support Program continued under section 79.2 of the Act; (“POAFE”)
“OESP administrative costs” means the Board’s costs in respect of the delivery or administration of the OESP; (“frais d’administration du POAFE”)
“rate assistance” means OESP rate assistance under section 79.2 of the Act. (“aide tarifaire”)
(2) When applications are processed pursuant to an agreement with the Minister of Community and Social Services under section 79.2.1 of the Act on behalf of an account-holder who is a recipient of income support under the Ontario Disability Support Program Act, 1997, who is an applicant that satisfies the requirements set out in clauses 5 (1) (b) to (e) of that Act or who is a member of such a recipient’s or applicant’s benefit unit, as defined in that Act,
“household” has the same meaning as “benefit unit” in the Ontario Disability Support Program Act, 1997.
(3) When applications are processed pursuant to an agreement with the Minister of Community and Social Services under section 79.2.1 of the Act on behalf of an account-holder who is a recipient of basic financial assistance under the Ontario Works Act, 1997, who is an applicant eligible for basic financial assistance under that Act or who is a member of such a recipient’s or applicant’s benefit unit, as defined in that Act,
“household” has the same meaning as “benefit unit” in the Ontario Works Act, 1997.
(4) For the purposes of this Regulation,
(a) Hydro One Remote Communities Inc. is deemed to be an embedded distributor and Hydro One Networks Inc. is deemed to be its host distributor;
(b) Cornwall Street Railway Light and Power Company Limited is deemed to be an embedded distributor and Canadian Niagara Power Inc. is deemed to be its host distributor; and
(c) Dubreuil Lumber Inc. is deemed to be an embedded distributor and Algoma Power Inc. is deemed to be its host distributor.
(5) Subsection (4) ceases to apply with respect to an entity that is deemed to be an embedded distributor if the entity ceases to be a licensed distributor.
Rate-assisted consumers
2. The account-holders set out in Schedule 1 are prescribed as rate-assisted consumers for the purposes of subsection 79.2 (7) of the Act.
Rate assistance
3. (1) Rate assistance shall be provided to rate-assisted consumers on a monthly basis.
(2) The monthly amount of rate assistance for each class of rate-assisted consumer set out in Schedule 1 is,
(a) $35 for account-holders in Class A;
(b) $40 for account-holders in Class B;
(c) $45 for account-holders in Class C;
(d) $51 for account-holders in Class D;
(e) $52 for account-holders in Class E;
(f) $57 for account-holders in Class F;
(g) $60 for account-holders in Class G;
(h) $63 for account-holders in Class H;
(i) $68 for account-holders in Class I;
(j) $75 for account-holders in Class J;
(k) $83 for account-holders in Class K;
(l) $90 for account-holders in Class L; and
(m) $113 for account-holders in Class M.
Payments to rate-assisted consumers
4. (1) An electricity provider shall, as soon as reasonably practicable after it receives notice from the Board or the centralized service provider that one of its account-holders is eligible for rate assistance, apply the applicable rate assistance to the account-holder’s bill.
(2) In providing rate assistance to rate-assisted consumers, electricity providers shall, subject to subsection 79.2 (13) of the Act, comply with any applicable code issued by the Board or licence condition.
Compensation for lost revenue to licensed distributors
5. (1) Every embedded distributor who provides rate assistance shall provide to its host distributor, at the times and in the form and manner specified by the host distributor, information respecting the amount of rate assistance provided to rate-assisted consumers who have accounts with the embedded distributor for the last month ending before the day the information is to be provided, and any adjustments to be made in respect of earlier months.
(2) Every licensed distributor who is a market participant who provides rate assistance shall provide to the IESO, at the times and in the form and manner specified by the IESO, information respecting the following amounts in respect of the last month ending before the day the information is to be provided:
1. The amount of rate assistance provided for the month to rate-assisted consumers who have accounts with the licensed distributor, and any adjustments to be made in respect of earlier months.
2. If the licensed distributor is a host distributor, the amount of rate assistance provided for the month to rate-assisted consumers who have accounts with the embedded distributors of which the licensed distributor is the host distributor, and any adjustments to be made in respect of earlier months.
(3) The IESO shall provide to the Minister, at the times and in the form and manner specified by the Minister, the total amounts reported to the IESO under subsection (2) in respect of the last month ending before the day the information is to be provided.
(4) Based on the information provided under this section for a month,
(a) the Minister shall pay to the IESO, in keeping with the IESO timelines for invoice payments, sufficient amounts to compensate licensed distributors for lost revenue resulting from the provision of rate assistance for the month to rate-assisted consumers who have accounts with licensed distributors, subject to any adjustments to be made in respect of earlier months;
(b) the IESO shall pay to each licensed distributor who is a market participant a sufficient amount to compensate,
(i) the licensed distributor for lost revenue resulting from the provision of rate assistance for the month to rate-assisted consumers who have accounts with the licensed distributor, subject to any adjustments to be made in respect of earlier months, and
(ii) embedded distributors of which the licensed distributor is the host distributor for lost revenue resulting from the provision of rate assistance for the month to rate-assisted consumers who have accounts with the embedded distributors, subject to any adjustments to be made in respect of earlier months; and
(c) a host distributor shall, before the date specified by the Board if any, pay to every embedded distributor of which it is a host distributor a sufficient amount to compensate the embedded distributor for lost revenue resulting from the provision of rate assistance for the month to rate-assisted consumers who have accounts with the embedded distributor, subject to any adjustments to be made in respect of earlier months.
(5) Despite subsection (4), the amount of compensation to which a licensed distributor is entitled is subject to such subsequent adjustments as may be required by reason of,
(a) the provision to a person to whom information is given under this section of additional information; or
(b) a determination made by an inspector who conducts an inspection or inquiry under section 79.8 of the Act that relates to the licensed distributor.
(6) Despite subsections (4) and (5), no amount is payable as compensation to a licensed distributor who fails without reasonable cause to provide any information required to be provided under this section within the time it is required to be provided.
(7) Payments required under this section by a person or entity and any subsequent adjustments may be made, at the option of the person or entity, by way of set-off against any applicable accounts maintained by the person or entity with the person or entity to whom the payments are to be made.
Compensation for lost revenue to unit sub-meter providers
6. (1) Every unit sub-meter provider who provides rate assistance shall provide to the IESO, at the times and in the form and manner specified by the IESO, information respecting the amount of rate assistance provided to rate-assisted consumers who have accounts with the unit sub-meter provider for the last month ending before the day the information is to be provided, and any adjustments to be made in respect of earlier months.
(2) The IESO shall provide to the Minister, at the times and in the form and manner specified by the Minister, the total amount reported to the IESO under subsection (1) in respect of the last month ending before the day the information is to be provided.
(3) Based on the information provided under this section for a month,
(a) the Minister shall pay to the IESO, in keeping with the IESO timelines for invoice payments, sufficient amounts to compensate unit sub-meter providers for lost revenue resulting from the provision of rate assistance for the month to rate-assisted consumers who have accounts with unit sub-meter providers, subject to any adjustments to be made in respect of earlier months; and
(b) the IESO shall pay to each unit sub-meter provider a sufficient amount to compensate the unit sub-meter provider for lost revenue resulting from the provision of rate assistance for the month to rate-assisted consumers who have accounts with the unit sub-meter provider, subject to any adjustments to be made in respect of earlier months.
(4) Despite subsection (3), the amount of compensation to which a unit sub-meter provider is entitled is subject to such subsequent adjustments as may be required by reason of,
(a) the provision to a person to whom information is given under this section of additional information; or
(b) a determination made by an inspector who conducts an inspection or inquiry under section 79.8 of the Act that relates to the unit sub-meter provider.
(5) Despite subsections (3) and (4), no amount is payable as compensation to a unit sub-meter provider who fails without reasonable cause to provide any information required to be provided under subsection (1) within the time it is required to be provided.
(6) Payments required under this section by a person or entity and any subsequent adjustments may be made, at the option of the person or entity, by way of set-off against any applicable accounts maintained by the person or entity with the person or entity to whom the payments are to be made.
OESP administrative costs
7. (1) In this section,
“quarter” means, in relation to a year, the three-month period that begins on January 1, April 1, July 1 or October 1.
(2) The Board shall provide to the Minister, at the times and in the form and manner specified by the Minister, a report for each quarter in a year forecasting the OESP administrative costs the Board reasonably expects to incur during the quarter, and specifying both the amount and type of each expected cost.
(3) Following receipt of a quarterly report under subsection (2), the Minister shall, with respect to each OESP administrative cost listed in the report,
(a) approve the cost, in whole or in part; or
(b) decline to approve the cost.
(4) The Board may, during a quarter for which it has provided a quarterly report under subsection (2), provide to the Minister an updated quarterly report containing any additional OESP administrative costs not included in the original quarterly report or any revisions in respect of the amount or type of any OESP administrative cost listed in the original quarterly report, so long as the additional or revised cost has not yet been incurred.
(5) Subsection (3) applies with respect to an updated quarterly report provided to the Minister under subsection (4), but only in relation to each additional or revised cost.
(6) For every month in which the Board incurs OESP administrative costs for which it wishes to be reimbursed, the Board shall provide to the IESO, at the times and in the form and manner specified by the Minister, information respecting the amount and type of each such OESP administrative cost, and any adjustments to be made in respect of earlier months.
(7) The IESO shall provide to the Minister, at the times and in the form and manner specified by the Minister, the information provided to the IESO under subsection (6).
(8) Based on the information provided under subsection (7) for a month, the Minister shall pay to the IESO a sufficient amount to reimburse the Board for the OESP administrative costs it incurred during the month that were approved by the Minister under subsection (3), subject to any adjustments to be made in respect of earlier months.
(9) The Minister may make payments under subsection (8) respecting an incurred OESP administrative cost regardless of whether it was actually incurred earlier or later than forecast in the applicable quarterly report.
(10) If the Minister receives information under subsection (7) respecting an OESP administrative cost that was not approved by the Minister under subsection (3), the Minister shall,
(a) pay to the IESO a sufficient amount to wholly or partially reimburse the Board for the cost; or
(b) decline to pay an amount for reimbursement of the cost.
(11) The IESO shall, subject to subsection (14), pay to the Board the amounts received by it under subsection (8) or (10).
(12) The Minister shall give notice to the Board of any decision made by the Minister under this section.
(13) Despite subsections (8), (10) and (11), no amount is payable under this section in relation to an OESP administrative cost if the Board fails without reasonable cause to provide any information respecting that cost that is required to be provided under subsection (6) within the time it is required to be provided.
(14) If the Board so authorizes and provides notice to the IESO of the authorization,
(a) such information required to be provided by the Board under subsection (6) as the Board specifies may be provided by the centralized service provider; and
(b) such amounts payable to the Board under subsection (11) as the Board specifies shall be paid to the centralized service provider.
(15) For the quarter during which this section comes into force, subsection (2) applies with respect to such portion of the quarter as the Minister specifies.
Additional duty to provide information
8. (1) No later than June 30 in each year, the Board shall provide to the Minister, in the form and manner specified by the Minister, the following information respecting the provision of rate assistance in the preceding calendar year:
1. The number of rate-assisted consumers on December 31.
2. The number of account-holders who were entitled to receive rate assistance for any period during the year, but who were no longer rate-assisted consumers on December 31.
(2) The Board shall provide to the Minister, at the times and in the form and manner specified by the Minister, the following information respecting the provision of rate assistance with respect to any period specified by the Minister:
1. The number of applications made for OESP during the period and, in respect of those applications,
i. the number of applications in which the applicant or any member of the account holder’s family living within the household is an Indigenous person,
ii. the number of applications that stated that the account-holder or a member of the account-holder’s household regularly uses, for medical purposes, an electricity-intensive medical device at the dwelling to which the account relates, and
iii. the number of applications that stated that the dwelling to which account relates is heated primarily by electricity.
2. The number of applications for OESP accepted for rate assistance during the period, and the number of applications declined.
3. The number of applications for OESP made to a person or entity authorized under section 79.2.1 of the Act to process OESP applications that,
i. were made during the period,
ii. were accepted during the period, and
iii. as of the last day of the period,
A. were being processed, or
B. were delayed in being processed due to an error or omission.
(3) The IESO shall provide to the Minister, at the times and in the form and manner specified by the Minister, the following information respecting the provision of rate assistance with respect to any period specified by the Minister:
1. For each electricity provider with whom a rate-assisted consumer had an account during the period,
i. the amount of rate assistance provided during the period by the electricity provider, specified both as a total amount and by class of rate-assisted consumer, and
ii. the number of invoices issued to rate-assisted consumers who had an account with the electricity provider during the period, specified both as a total amount and by class of rate-assisted consumer.
2. Any other information respecting the provision of rate assistance that the Minister may specify.
Additional duty of IESO to provide information
9. The IESO shall, when providing information related to the provision of rate assistance to the Board as required by the Board, also provide the information to the Minister.
Reliance on information
10. For the purposes of this Regulation, a person or entity to whom information is required to be provided under this Regulation shall rely on that information.
Appropriations
11. For greater certainty, any requirement in this Regulation for the Minister to pay amounts that are payable out of money appropriated by the Legislature under subsection 79.2 (4) of the Act to another person or entity, whether within a specified time or otherwise, is subject to the appropriation having been made.
Transitional, compensation and reimbursement
12. (1) This section applies before the month in which the money required for the OESP begins to be paid out of money appropriated by the Legislature under subsection 79.2 (4) of the Act.
(2) Sections 5 to 7 of this Regulation do not apply.
(3) The IESO shall, for each month,
(a) pay electricity providers the compensation to which they are entitled for lost revenue resulting from the provision of rate assistance; and
(b) retain for itself amounts to compensate it for any payments the IESO is required by the Board to make, pursuant to the IESO’s licence, in respect of the administration of the OESP.
(4) The following entities are prescribed for the purposes of clause 79.2 (11) (a) of the Act as entities to whom the IESO may be required to make payments as a deemed condition of its licence:
1. The Board.
2. The centralized service provider.
Transitional, variance account
13. For the purposes of subsections 79.2 (4) and (5) of the Act, in the month in which the money required for the OESP begins to be paid out of money appropriated by the Legislature under subsection 79.2 (4) of the Act, the credit balance in the variance account maintained by the IESO under the OESP as it existed before section 2 of Schedule 2 to the Fair Hydro Act, 2017 came into force shall be fully applied first towards the reimbursement of OESP administration costs under section 7 of this Regulation and then, if any balance remains, to compensation for lost revenue resulting from the provision of rate assistance under subsection 79.2 (10) of the Act.
Amendments to this Regulation
14. Subsection 7 (15) and sections 12 and 13 are revoked.
Revocation
15. Ontario Regulation 314/15 (Ontario Electricity Support Program), made under the Act, is revoked.
Commencement
16. (1) Subject to subsection (2), this Regulation comes into force on the later of section 2 of Schedule 2 to the Fair Hydro Act, 2017 comes into force and the day it is filed.
(2) Section 14 comes into force on the first anniversary of the day section 2 comes into force.
Schedule 1
classes of rate-assisted consumers
The following are classes of rate-assisted consumers for the purposes of subsection 79.2 (7) of the Act and section 3 of this Regulation:
1. Class A is composed of the following account-holders, other than account-holders who also meet the requirements of Class E:
i. Account-holders with a household income of more than $39,000 and no more than $48,000 living in a household of three persons.
ii. Account-holders with a household income of more than $48,000 and no more than $52,000 living in a household of five persons.
iii. If the applications are processed pursuant to an agreement with the Minister of Community and Social Services under section 79.2.1 of the Act, account-holders living in any size household where the household income exceeds the maximum amount specified for that household size in any other part of this Schedule.
2. Class B is composed of the following account-holders, other than account-holders who also meet the requirements of Class G:
i. Account-holders with a household income of more than $28,000 and no more than $39,000 living in a household of two persons.
ii. Account-holders with a household income of more than $39,000 and no more than $48,000 living in a household of four persons.
iii. Account-holders with a household income of more than $48,000 and no more than $52,000 living in a household of six persons.
iv. If the applications are processed pursuant to an agreement with the Minister of Community and Social Services under section 79.2.1 of the Act, account-holders living in a household of one person where the household income is between $28,001 and $39,000.
3. Class C is composed of the following account-holders, other than account-holders who also meet the requirements of Class I:
i. Account-holders with a household income of $28,000 or less living in a household of one or two persons.
ii. Account-holders with a household income of more than $28,000 and no more than $39,000 living in a household of three persons.
iii. Account-holders with a household income of more than $39,000 and no more than $48,000 living in a household of five persons.
iv. Account-holders with a household income of more than $48,000 and no more than $52,000 living in a household of seven or more persons.
4. Class D is composed of the following account-holders, other than account-holders who also meet the requirements of Class J:
i. Account-holders with a household income of $28,000 or less living in a household of three persons.
ii. Account-holders with a household income of more than $28,000 and no more than $39,000 living in a household of four persons.
iii. Account-holders with a household income of more than $39,000 and no more than $48,000 living in a household of six persons.
5. Class E is composed of account-holders with a household income and household size described under Class A who also meet any of the following requirements:
i. The dwelling to which the account relates is heated primarily by electricity.
ii. The account-holder or any member of the account holder’s family living within the household is an Indigenous person.
iii. The account-holder or any member of the account-holder’s household regularly uses, for medical purposes, an electricity-intensive medical device at the dwelling to which the account relates.
6. Class F is composed of the following account-holders, other than account-holders who also meet the requirements of Class K:
i. Account-holders with a household income of $28,000 or less living in a household of four persons.
ii. Account-holders with a household income of more than $28,000 and no more than $39,000 living in a household of five persons.
iii. Account-holders with a household income of more than $39,000 and no more than $48,000 living in a household of seven or more persons.
7. Class G is composed of account-holders with a household income and household size described under Class B who also meet any of the following requirements:
i. The dwelling to which the account relates is heated primarily by electricity.
ii. The account-holder or any member of the account holder’s family living within the household is an Indigenous person.
iii. The account-holder or any member of the account-holder’s household regularly uses, for medical purposes, an electricity-intensive medical device at the dwelling to which the account relates.
8. Class H is composed of the following account-holders, other than account-holders who also meet the requirements of Class L:
i. Account-holders with a household income of $28,000 or less living in a household of five persons.
ii. Account-holders with a household income of more than $28,000 and no more than $39,000 living in a household of six persons.
9. Class I is composed of account-holders with a household income and household size described under Class C who also meet any of the following requirements:
i. The dwelling to which the account relates is heated primarily by electricity.
ii. The account-holder or any member of the account holder’s family living within the household is an Indigenous person.
iii. The account-holder or any member of the account-holder’s household regularly uses, for medical purposes, an electricity-intensive medical device at the dwelling to which the account relates.
10. Class J is composed of,
i. account-holders with a household income of $28,000 or less living in a household of six or more persons, other than account-holders who also meet the requirements of Class M,
ii. account-holders with a household income of more than $28,000 and no more than $39,000 living in a household of seven or more persons, other than account-holders who also meet the requirements of Class M, and
iii. account-holders with a household income and household size described under Class D who also meet any of the following requirements:
A. The dwelling to which the account relates is heated primarily by electricity.
B. The account-holder or any member of the account holder’s family living within the household is an Indigenous person.
C. The account-holder or any member of the account-holder’s household regularly uses, for medical purposes, an electricity-intensive medical device at the dwelling to which the account relates.
11. Class K is composed of account-holders with a household income and household size described under Class F who also meet any of the following requirements:
i. The dwelling to which the account relates is heated primarily by electricity.
ii. The account-holder or any member of the account holder’s family living within the household is an Indigenous person.
iii. The account-holder or any member of the account-holder’s household regularly uses, for medical purposes, an electricity-intensive medical device at the dwelling to which the account relates.
12. Class L is composed of account-holders with a household income and household size described under Class H who also meet any of the following requirements:
i. The dwelling to which the account relates is heated primarily by electricity.
ii. The account-holder or any member of the account holder’s family living within the household is an Indigenous person.
iii. The account-holder or any member of the account-holder’s household regularly uses, for medical purposes, an electricity-intensive medical device at the dwelling to which the account relates.
13. Class M is composed of account-holders with a household income and household size described under subparagraph i or ii of the description of Class J who also meet any of the following requirements:
i. The dwelling to which the account relates is heated primarily by electricity.
ii. The account-holder or any member of the account holder’s family living within the household is an Indigenous person.
iii. The account-holder or any member of the account-holder’s household regularly uses, for medical purposes, an electricity-intensive medical device at the dwelling to which the account relates.