Government Notices Respecting Corporations

Notice of Default in Complying with the Corporations Tax Act

The Director has been notified by the Minister of Finance that the following corporations are in default in complying with the Corporations Tax Act.

Notice Is Hereby Given under subsection 241(1) of the Business Corporations Act, that unless the corporations listed hereunder comply with the requirements of the Corporations Tax Act within 90 days of this notice, orders will be made dissolving the defaulting corporations. All enquiries concerning this notice are to be directed to Ministry of Finance, Corporations Tax, 33 King Street West, Oshawa, Ontario L1H 8H6.

Katherine M. Murray
Director, Ministry of Government Services
(144-G025)

Certificate of Dissolution

Notice Is Hereby Given that a certificate of dissolution under the Business Corporations Act, has been endorsed. The effective date of dissolution precedes the corporation listings.

Katherine M. Murray
Director, Ministry of Government Services
(144-G026)

Notice of Default in Complying with the Corporations Information Act

Notice Is Hereby Given under subsection 241(3) of the Business Corporations Act that unless the corporations listed hereunder comply with the filing requirements under the Corporations Information Act within 90 days of this notice orders dissolving the corporation(s) will be issued. The effective date precedes the corporation listings.

Katherine M. Murray
Director, Ministry of Government Services
(144-G013)

Cancellation of Certificate of Incorporation (Business Corporations Act)

Notice Is Hereby Given that by orders under subsection 241(4) of the Business Corporation Act, the certificates of incorporation set out hereunder have been cancelled and corporation(s) have been dissolved. The effective date of cancellation precedes the corporation listing.

Katherine M. Murray
Director
(144-G014)

Cancellation for Cause (Business Corporations Act)

Notice Is Hereby Given that by orders under section 240 of the Business Corporation Act, the certificates set out hereunder have been cancelled for cause and in the case of certificates of incorporation the corporations have been dissolved. The effective date of cancellation precedes the corporation listing.

Katherine M. Murray
Director
(144-G015)

Cancellation for Filing Default (Corporations Act)

Notice Is Hereby Given that orders under Section 317(9) of the Corporations Act have been made cancelling the Letters Patent of the following corporations and declaring them to be dissolved. The date of the order of dissolution precedes the name of the corporation.

Katherine M. Murray
Director
(144-G016)

Permanent Register Of Electors For Ontario And List Of Electors Guidelines

1.0  Overview

The Election Act requires the Chief Electoral Officer to establish and maintain a permanent register of electors for Ontario, to implement measures to verify its accuracy, and to ensure that the permanent register is updated at least once a year.

The purpose of these guidelines is to inform political entities (candidates, members of the Legislative Assembly and political parties) of the use and access requirements in the Election Act and additional best practices for maintaining the privacy of the information contained in the Permanent Register of Electors for Ontario (Register or Preo) or the List of Electors (an extract from the Register for each electoral district during an election period).

These guidelines include elements pertaining to the distribution and use of the annual update for the Register and the List of Electors during an electoral event. They have been created to reflect a strengthened privacy management framework at Elections Ontario.

The Register contains personal information (e.g. name, address, date of birth and gender) about Ontario electors. The List of Electors contains name and address information for electors. Elections Ontario places high importance on respecting the privacy of personal information. It is therefore important for authorized users of the Preo or the List of Electors to take appropriate measures, as described in these guidelines, to maintain the privacy of the personal information from the Preo or the List of Electors and preserve the integrity of the administration of Ontario’s electoral system.

2.0  Distribution

The following table provides an overview of the distribution of elector information to authorized recipients, including political entities. Relevant sections of the Election Act have been noted where appropriate.

The following table provides an overview of the authorized uses for the Annual Update and the Lists of Electors. Relevant sections of the Election Act have been noted where applicable

It is an offence under the Election Act to use information from the Register or List of Electors for anything other than electoral purposes and it is an offence to use the information for commercial purposes (s. 17(4)(1)). Unauthorized use is punishable by a fine of up to $5,000 (s. 97).

3.0  Use And Access Restrictions

Policy Requirement

The Election Act requires registered political parties to develop a policy to ensure that its candidates, members of the Assembly, employees and agents comply with the restrictions on use of information from the Register or the List of Electors under s. 17(4)(1) of the Election Act.

Independent members of the Legislative Assembly must meet the same requirements for a policy as the registered political parties.

In addition, the policy must include the privacy requirements outlined in these Guidelines.

Filing Requirement

A political party should file its privacy policy with Elections Ontario as soon as possible after receiving confirmation from Elections Ontario of its status as a registered political party.

Once a political party or independent member of the Assembly has filed its policy with Elections Ontario, they will be required to provide confirmation in writing by January 31 of each calendar year of what changes, if any, have been made to the policy.

This written confirmation should be updated as soon as possible in the event that changes are made after January 31^st.

For a political party and its candidates during a Writ period, the policy filed by the party on January 31^st of that calendar year will apply for the election event unless the party notifies Elections Ontario in writing of any changes made.

Candidates who are not members of a registered political party are also required to have in place a policy that complies with the restrictions on use of information under s. 17(4)(1). The candidate must file their written policy with the Returning Office when the Returning Officer provides the Preliminary List of Electors.

A sample policy is contained in Appendix A

Where a candidate was a previously sitting independent member of the Legislative Assembly and wishes to use the same policy as filed with Elections Ontario, the candidate must file a copy of their policy when the Returning Officer provides the Preliminary List of Electors to the candidate.

Use of Information Restrictions

The Election Act requires that the policy ensure that a person who obtains information, directly or indirectly, from the Register or from a List of Electors complies with the requirements to:

• only use the information for electoral purposes,
• not to use the information for commercial purposes, and
• only disclose it to others after obtaining their written acknowledgement that they are bound by the restrictions on use in section 17.4.

Written Acknowledgements

A political entity must ensure that all entities with whom information is being shared from the Register or List of Electors, as applicable, sign a written acknowledgement of these use restrictions prior to receiving access to the information.

A sample written acknowledgement is provided in Appendix D.

Distribution Tracking

When a political entity provides a copy of information from the Register or an extract of the Register to anyone, in addition to obtaining the written acknowledgement, the entity must also track the following information:

• date of distribution,
• who the information was provided to,
• type of document (e.g. electronic copy of Preo),
• confirmation that the written acknowledgment has been signed and
• confirmation of the date the copy was returned to the political entity.

A sample distribution tracking form can be found in Appendix B for an election event and in Appendix C for the annual release.

Filing of Distribution Tracking

The tracking distribution documentation must be filed with Elections Ontario as follows: For the annual release to registered political parties:

• within 30 days of receiving the annual update notification from Elections Ontario; or
• Within 30 days of a Writ being issued for a general election.

For the annual release to members of the Legislative Assembly:

• within 30 days of receiving the annual update notification from Elections Ontario; or
• within 30 days of a Writ being issued.

For candidates, the tracking distribution documentation should be filed at the same time as the candidate files their financial returns under the Election Finances Act.

If a member of the Legislative Assembly resigns or has forfeited the office to which they were elected, the member must provide the documentation outlined in these Guidelines to Elections Ontario within 30 days of their resignation or removal.

4.0  Reproduction Restrictions

Under section 17.4(3) of the Election Act, no individual may reproduce, store, or transmit any part of the information obtained electronically from the permanent register (including the List of Electors) for any purpose except as follows:

• Registered political parties and Members of the Legislative Assembly who have received an update of the Permanent Register for the whole of Ontario as a result of an annual update (section 17.1(3)(1)(i) or (ii)) or have received an update with respect to a specific electoral district under section 17.1(3)(2)).
• An individual or entity who has received the information from the registered political party or member of the Assembly in the situation described above, so long as that person or entity signs a written acknowledgment that they are bound by the restrictions in the Election Act on use of the information for electoral purposes only and not for commercial purposes (s. 17.4(4)(b)).

5.0  Additional Privacy Requirements

In addition to the restrictions on use and reproduction contained in the Election Act, to help political entities protect the information from the Register and on the List of Electors, Elections Ontario requires political entities to implement the following privacy safeguards outlined in this Guideline through the party or candidate’s policy, as applicable. These safeguards provide a framework to protect the privacy of personal information contained in the Register and the List during their use, how to dispose of the information after it has been used, and what to do if a copy of the information is lost or stolen.

The political entity must:

Provide clear direction to all authorized users regarding the proper use of the information in the List of Electors, Register or Register extract.

Provide the List of Electors, Register or Register extract only to people who need access to communicate with electors and constituents on behalf of the political entity or to do work for electoral purposes on behalf of the political entity.

Limit the number of people who have access to reduce the chances of a privacy breach.

Ensure that the List of Electors, Register or Register extract are kept secure when not in use by storing the electronic copy on a secure, password-protected computer; keep paper copies in locked filing cabinets. Passwords and keys should be strictly controlled by the person responsible for privacy safeguards.

Ensure that all authorized users understand the importance of protecting the privacy of electors’ information.

Obtain from each authorized user a written acknowledgement (see sample in Appendix D) that the individual:

• understands the limits on use and disclosure of the lists;
• understands the importance of protecting the personal information on the lists;
• undertakes to protect the confidentiality of that information;
• will use the information only for the purposes set out in the Election Act; and
• will return the lists on completion of the task for which the lists were provided to the party or candidate, as applicable.

Loss/Theft

If a copy of the Register, an extract from the Register or a copy of the List of Electors is lost or stolen, the personal information on the lists might be used for unauthorized purposes. Loss or theft therefore constitutes a potential privacy breach, and should be dealt with quickly and effectively. While each incident will require a unique approach, it is recommended that the person responsible for privacy safeguards follow these general steps:

• Contain the breach and identify its source.
• Document the circumstances that led to the incident.
• Review your internal policies, processes and procedures to prevent future incidents.
• Report the loss or theft to the Chief Electoral Officer

Safe and Secure Disposal of Personal Information

All political entities should dispose of personal information in a safe and secure way once its use is no longer authorized. To prevent unauthorized parties from accessing personal data, it is important to use care in the disposal and destruction of personal information. Reasonable steps must be taken to protect the security and confidentiality of personal information that is to be destroyed, including protecting its security and confidentiality during its storage, transportation, handling and destruction.

The following provides the requirements for political entities on how to dispose of personal information in a safe and secure manner.

Methods used must ensure that personal records cannot be reconstructed. Printed copies of documents must be properly shredded and electronic data must be permanently erased using methods that prevent the restoration of such data.

For printed copies, destruction means cross-cut shredding, not simply continuous (single strip) shredding, which can be reconstructed.

For electronic and wireless media, destruction means either physically damaging the item (rendering it unusable) and discarding it, and employing wiping utilities provided by various software companies to erase every bit of data on a drive.

Secure Disposal Documentation

Political entities should create a certificate of destruction that documents the following information:

• the records that are being destroyed
• the date, time and location of destruction
• the method of destruction
• the name and signature of the individual responsible for destruction

Personal information pertaining to the record being destroyed must not be included in the disposal record.

Filing of Secure Disposal Documentation

The secure destruction documentation must be filed with Elections Ontario as follows:

• For the annual release to registered political parties within 30 days of receiving the annual update notification from Elections Ontario.
• For the annual release to members of the Legislative Assembly, within 30 days of receiving the annual update notification from Elections Ontario.
• For candidates, should be filed at the same time as the candidate files their financial returns under the Election Finances Act.

A sample secure destruction form can be found in Appendix E for both an election event and for the annual release.

If the political entity has an external company provide secure destruction services, a Certificate of Destruction must be provided by the shredding company and filed by the political entity along with the secure destruction documentation.

If Selecting a Service Provider to Securely Destroy Personal Information Documentation

Set out the responsibility of the service provider for the secure destruction of the records involved

Specify how the destruction will be accomplished, under what conditions and by whom
Require that a certificate of destruction be issued upon completion, including:

• the records that are being destroyed
• the date, time and location of destruction
• the method of destruction
• the name and signature of the operator

Personal information pertaining to the record being destroyed must not be included in the disposal record

Secure Destruction Exception

It should be noted that the secure destruction requirements in these Guidelines applies to the electronic or paper copies provided by Elections Ontario as outlined in section 2.0 and any additional standalone copies made of those that have been distributed by the political entity to individuals acting on its behalf.

The Guidelines do not require a political entity to wipe information that has been integrated into databases that the political entity has created for electoral purposes.

6.0  Privacy Best Practices

Working in a Mobile Environment

The employees, volunteers or agents of political entities may be required to deal with elector information in a mobile environment. As part of its efforts to protect the privacy of electors’ personal information, Elections Ontario would recommend to political entities that they consider the following best practices that enhance the security and confidentiality of data while working within a mobile environment.

Removing records from the office

Records should only be removed from the office when it is absolutely necessary to do so.

Employees, volunteers or agents of the political entity should obtain any approvals required, and where possible, original documents should remain in the office and only copies be removed.

A record of the information being removed should be kept in a safe location.

Paper records

While in transit, paper records should be securely packaged and locked and should remain in the possession of the employees, volunteers or agents of the political entity.

If being used at home, records must be accessible only to the employees, volunteers or agents of the political entity and must be kept locked away when not in use..

Electronic records

Electronic records containing personal information should be stored and encrypted on a password-protected disk, CD, or removable drive rather than on the hard drive of a laptop or home computer.

Removable drives should always remain within the possession of the employees, volunteers or agents of the political entity or be kept in a secure location that is not accessible to others.

Laptops and home computers

Access to laptop, home computers, should be password-controlled, and any data on the hard drive must be encrypted.

Other reasonable safeguards, such as anti-virus software and personal firewalls, could also be installed.

Laptops should always be stored in a secure location.

Wireless technology

Political entities should protect the privacy and confidentiality of personal information stored on wireless devices such as personal digital assistants and cell phones. Access to such devices should be password-controlled, and any stored data should be encrypted.

When working at locations outside the office, employees, volunteers or agents of the political entity should maintain constant control of wireless devices and care must be taken to prevent loss or theft.

Email, fax and photocopy

When working at home or at other locations outside the office, employees should avoid sending personal information by e-mail or fax. When necessary, employees should fax or photocopy personal information themselves.

Where fax and photocopy machines are not available for individual use and records containing personal information are given to a third party, the employee must be present when these tasks are being done.

Appoint a person to be responsible for implementing safeguards

It is recommended that political entities appoint a person responsible for implementing privacy safeguards. Responsibilities could include:

• designing and implementing specific protocols regarding the use, safeguarding and disposal of the lists
• answering questions about the political entity’s authorized use of the lists
• controlling access to the lists
• communicating the political entity’s policy and these guidelines to persons who have been given access to the lists of electors

Appendix A

Sample Policy for Registered Political Party

1.0  Scope of Policy

This policy applies to the {Name of Political Party} and its candidates, members of the Legislative Assembly, and any person or entity representing or working for the party on a paid or unpaid basis.

2.0  Restrictions on Use

Any person or entity who obtains information, directly or indirectly, from the Permanent Register of Electors for Ontario or from a List of Electors through {Name of Registered Political Party} must comply with the requirements under section 17.4 of the Election Act to:

• only use the information for electoral purposes,
• not to use the information for commercial purposes.

3.0  Requirement for Written Acknowledgements

Any person or entity who has obtained information, directly or indirectly from the Permanent Register of Electors for Ontario or from a List of Electors through {Name of Registered Political Party} may only disclose it to others after obtaining their written acknowledgement that they are bound by the restrictions on use in section 17.4 of the Election Act, as reproduced in section 2.0 of this policy

4.0  Tracking of Distribution

In providing any individual or entity with a copy of information from the Register, extract of the Register, or List of Electors, the following information must be tracked:

• The date of distribution,
• Who the information was provided to,
• How the information was provided (e.g. type of document, electronic copy of Preo, paper copy of List of Electors etc.)
• Confirmation that the written acknowledgment has been signed, and
• confirmation of the date the copy is returned

5.0  Loss or Theft of Information

In the case of loss or theft of elector information from the Permanent Register or an extract of the Register for a specific electoral district, the following procedures must be followed:

• The breach should be contained and the source of the breach identified.
• The circumstances that that led to the incident must be documented.
• Internal policies, processes and procedures must be reviewed to prevent future incidents.
• The loss or theft must be reported to the Chief Electoral Officer

6.0  Specific Responsibilities for Candidates for the Party

All candidates are responsible for:

Complying with the restrictions on use of the information as required under section 17.4 of the Election Act

• Securing written acknowledgements as required under section 17.4 of the Election Act
• Tracking the distribution of copies of the List of Electors provided by the Returning Officer to the candidate, in paper or electronically, as required by the Preo and List of Elector Guidelines
• Complying with the processes identified in the Preo and List of Elector Guidelines in the case of loss or theft of a copy of the List of Electors
• In addition to the requirements for notification in the case of loss or theft under the Guidelines, the candidate should also notify the {party should identify a party official to whom the loss/theft should be reported}
• Ensuring the secure destruction of all copies of the List of Electors as required under the Preo and List of Elector Guidelines
• Complying with all filing requirements under the Preo and List of Elector Guidelines

7.0  Specific Responsibilities of Members of the Legislative Assembly for the Party

• All Members of the Legislative Assembly are responsible for:
• Complying with the restrictions on use of the information as required under section 17.4 of the Election Act
• Securing written acknowledgements as required under section 17.4 of the Election Act
• Tracking the distribution of copies of the extract from the Permanent Register of Electors for Ontario as provided by Elections Ontario to the Member, in paper or electronically, as required by the Preo and List of Elector Guidelines
• Complying with the processes identified in the Preo and List of Elector Guidelines in the case of loss or theft of a copy of the List of Electors
• In addition to the requirements for notification in the case of loss or theft under the Guidelines, the Member should also notify the {party should identify a party official to whom the loss/theft should be reported}
• Ensuring the secure destruction of all copies of the extract from the Permanent Register as required under the Preo and List of Elector Guidelines
• Complying with all filing requirements under the Preo and List of Elector Guidelines

Sample Policy for Independent Candidate or Member of the Legislative Assembly

1.0  Scope of Policy

This policy applies to {Name of Independent Candidate/Member} and any person or entity representing or working for the candidate on a paid or unpaid basis.

2.0  Restrictions on Use

Any person or entity who obtains information, directly or indirectly, from the Permanent Register of Electors for Ontario or from a List of Electors through {Name of Independent Candidate} must comply with the requirements under section 17.4 of the Election Act to:

• only use the information for electoral purposes,
• not to use the information for commercial purposes.

3.0  Requirement for Written Acknowledgements

Any person or entity who has obtained information, directly or indirectly from the Permanent Register of Electors for Ontario or from a List of Electors through {Name of Independent Candidate} may only disclose it to others after obtaining their written acknowledgement that they are bound by the restrictions on use in section 17.4 of the Election Act, as reproduced in section 2.0 of this policy

4.0  Tracking of Distribution

In providing any individual or entity with a copy of information from the Register, extract of the Register, or List of Electors, the following information must be tracked:

• The date of distribution,
• Who the information was provided to,
• How the information was provided (e.g. type of document, electronic copy of Preo, paper copy of List of Electors etc.)
• Confirmation that the written acknowledgment has been signed, and
• confirmation of the date the copy is returned

5.0  Loss or Theft of Information

In the case of loss or theft of elector information from the List of Electors, the following procedures must be followed:

• The breach should be contained and the source of the breach identified.
• The circumstances that that led to the incident must be documented.
• Internal policies, processes and procedures must be reviewed to prevent future incidents.
• The loss or theft must be reported to the Chief Electoral Officer

6.0  Election as an Independent Member of the Legislative Assembly

If elected as a member of the Legislative Assembly, this policy will continue to apply, unless I notify Elections Ontario in writing of any changes to the policy

Appendix-B

Appendix C

Appendix-D

Sample Written Acknowledgement

Appendix E

Appendix E

(144-G018)

Marriage Act

Certificate Of Permanent Registration as a person authorized to solemnize marriage in Ontario have been issued to the following:

Re-registrations

Certificates Of Temporary Registration as person authorized to solemnize marriage in Ontario have been issued to the following:

Certificate Of Cancellation Of Registration as a person authorized to solemnize marriage in Ontario have been issued to the following:

Judith M. Hartman
Deputy Registrar General
(144-G020)

Ontario Energy Board

Amendments to the Distribution System Code

Note:The text of the proposed amendments is set out in italics below, for ease of identification only.

1. Section 1.2 of the DSC is amended to include the following definition after the "enhancement" definition and before the "expansion" definition:

   “exempt distributor” means a distributor as defined in section 3 of the Act who is exempted from various requirements in the Act by Ontario Regulation 161/99;

2. Section 1.2 of the DSC is amended to include the following definition after the "Market Rules" definition and before the "meter service provider" definition:

   “master consumer” means the exempt distributor or the person authorized by Ontario Regulation 389/10 to retain a unit smart meter provider for the prescribed property being served by the licensed distributor;

3. Section 1.2 of the DSC is amended to include the following definition after the "point of supply" definition and before the "rate" definition:

   “prescribed property” means one of the properties or classes of property prescribed by Ontario Regulation 389/10;

4. Section 1.2 of the DSC is amended to include the following definitions after the "unaccounted for energy" definition and before the "unmetered loads" definition:

   "unit smart meter provider" has the meaning ascribed to it in the Energy Consumer Protection Act, 2010;

   "unit smart meter" has the meaning ascribed to it in the Energy Consumer Protection Act, 2010;

5. Section 1.7 of the DSC is amended to add the following paragraph at the end of the section:

   The amendments to sections 1.2 (namely the addition of the definitions for exempt distributor, master consumer, prescribed property, unit smart meter, and unit smart metering), 5.1.7, 5.1.9, and 5.3.13, made by the Board on December 16, 2010, come into force on January 1, 2011.

6. Section 5.1.7 of the DSC is amended to add the phrase "and unit smart meter" after the term "smart meter".

7. The wording in section 5.1.9 of the DSC is deleted and replaced with the following:

   When requested to do so by a master consumer, a distributor shall install unit smart meters that meet the specifications prescribed by Ontario Regulation 389/10.

8. Section 5.3.13 of the DSC is amended to add the phrase "or unit smart meter" after the term "smart meter".

(144-G021)

Ontario Energy Board

Unit Sub-Metering Code

Revised on December 16, 2010
(Originally Issued on July 24, 2008)

1. General Provisions 2
   1. The Purpose of this Code 2
   2. Definitions 2
   3. Interpretations 2
   4. To Whom this Code Applies 2
   5. Coming into Force 2
   6. Requirements for Board Approvals 2
   7. Contract with a Prescribed Property 2
2. Metering 2
   1. Technical Requirements for Unit Sub-Meters 2
   2. Technical Requirements for the Master Meter 2
   3. Validating, Estimating and Editing Process2
   4. Metering Services 2
3. Standards Of Business Practice And Conduct 2
   1. Disclosure of Agreements and Disclosure in Agreements 2
   2. Conditions of Service 2
   3. Provision of Information to Consumers and Consumer Complaints 2
   4. Transfer and Assignment of Contracts 2
4. Billing And Collection 2
   1. Security Deposits 2
   2. Disconnection and Reconnection 2
   3. Form of the Invoice 2
   4. Payment of the Master Bill 2

1. General Provisions
   1. The Purpose of this Code
      1. The purpose of this Unit Sub-Metering Code (the "Code") is to set out the minimum conditions and standards that a licensed unit sub-meter provider must meet when providing unit sub-metering services on behalf of exempt distributors.
   2. Definitions

      1. In this Code:

         “Act” means the Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Schedule B;

         “affiliate” has the same meaning as in the Business Corporations Act (Ontario);

         “Board” means the Ontario Energy Board;

         "business day" means any day that is not a Saturday, a Sunday, or a legal holiday in the Province of Ontario;

         "Conditions of Service" means the document developed by unit sub-meter providers in accordance with section 3.2.1 of this Code that describes the operating practices and connection rules for the unit sub-meter provider;

         “consumer” means the person who requires an account with the unit sub-meter provider in order to receive metering and billing services;

         “Electricity Act” means the Electricity Act, 1998, S.O. 1998, c. 15, Schedule A;

         "Ecpa" means the Energy Consumer Protection Act, 2010, S.O. 2010, c. 8;

         “Ecpa Regulation” means Ontario Regulation 389/10;

         “exempt distributor” means a distributor as defined in section 3 of the Act who is exempted from various requirements in the Act by Ontario Regulation 161/99;

         “Ieso” means the Independent Electricity System Operator continued under the Electricity Act;

         “interval meter” means a meter that measures and records electricity use on an hourly or sub-hourly basis;

         “licensed distributor” means the distributor in whose licensed service area the prescribed property is located;

         “master bill” means the bill issued by the licensed distributor to the master consumer;

         “master consumer” means the exempt distributor or the person authorized by the Ecpa Regulation to retain a unit sub-meter provider for the prescribed property being served by the licensed distributor;

         “master meter” means the meter controlled by the licensed distributor and used for settlement of the master bill with the master consumer;

         "metering services" means installation, testing, reading, and maintenance of meters;

         “prescribed activity” means one of the activities prescribed by the Ecpa Regulation;

         “prescribed property” means one of the properties or classes of property prescribed by the Ecpa Regulation;

         “regulation” means a regulation made under the Act, the Ecpa, or the Electricity Act;

         "Smart Metering Entity" means the smart metering entity established under Part Iv.2 of the Electricity Act, or more specifically, the Ieso as prescribed by Ontario Regulation 393/07;

         “third party” with respect to a unit sub-meter provider, means any person other than the unit sub-meter provider;

         “validating, estimating and editing” ("VEE") means the process used to validate, estimate and edit raw metering data to produce final metering data or to replicate metering data for settlement purposes.

   3. Interpretations
      1. Unless otherwise defined in this Code, words and phrases shall have the meanings ascribed to them in the Act, the Ecpa, or the Electricity Act, as the case may be. Where a word or phrase is defined in this Code, the Act, the Ecpa, or the Electricity Act, other parts of speech and grammatical forms of the word or phrase have a corresponding meaning. Headings are for convenience only and shall not affect the interpretation of this Code. Words importing the singular include the plural and vice versa. Words importing a gender include any gender. Words importing a person include: (i) an individual; (ii) a company, sole proprietorship, partnership, trust, joint venture, association, corporation or other private or public body corporate; and (iii) any government, government agency or body, regulatory agency or body or other body politic or collegiate. A reference to a person includes that person’s successors and permitted assigns. A reference to a body, whether statutory or not, that ceases to exist or whose functions are transferred to another body is a reference to the body that replaces it or that substantially succeeds to its powers or functions. A reference to a document (including a statutory instrument) or a provision of a document includes any amendment or supplement to, or any replacement of, that document or that provision. The expression "including" means including without limitation.
   4. To Whom this Code Applies
      1. This Code applies to all persons licensed as unit sub-meter providers under section 57(c.1) of the Act.
   5. Coming into Force
      1. This Code shall come into force on the date that the Board publishes the Code by placing it on the Board’s website after it has been made by the Board.
      2. Any amendments to this Code shall come into force on the date the Board publishes the amendments by placing them on the Board’s website after they have been made by the Board, except where expressly provided otherwise.
      3. The amendments to this Code made by the Board on December 16, 2010 (to implement the provisions of the Ecpa), will come into force on January 1, 2011.
   6. Requirements for Board Approvals
      1. Any matter under this Code requiring a determination of the Board may be determined by the Board without a hearing or through an oral, written or electronic hearing, at the Board’s discretion.
   7. Contract with a Prescribed Property
      1. A unit sub-meter provider shall not undertake any prescribed activity in a prescribed property unless the unit sub-meter provider has a contract with the master consumer to do so.
2. Metering
   1. Technical Requirements for Unit Sub-Meters
      1. Note: Section 2.1.1 was revoked effective December 16, 2010.
   2. Technical Requirements for the Master Meter
      1. A unit sub-meter provider shall ensure that the master consumer has requested, and a distributor has installed, a master meter that is an interval meter before beginning to provide unit sub-metering services.
   3. Validating, Estimating and Editing Process
      1. Metering data collected by a unit sub-meter provider shall be subjected to a validating, estimating and editing (“VEE”) process if it is to be used for billing purposes.
      2. A unit sub-meter provider shall establish a VEE process that is fair and reasonable and provides assurance that correct data is submitted for the billing process. The VEE process shall do the following:
         1. convert raw metering data into validated, corrected or estimated “bill-ready” metering data suitable for use in determining billing amounts;
         2. detect errors in metering data introduced as a result of improper operational conditions and/or hardware/software malfunctions, including failures of or errors in metering or communication hardware, and metering data exceeding pre-defined variances or tolerances; and
         3. use operational system data, including historical load patterns and data collected by the unit sub-meter provider, as appropriate, for validating raw metering data, and for editing, estimating and correcting metering data found to be erroneous or missing.
      3. A unit sub-meter provider’s VEE process for data from the unit sub-meters shall consider industry standards specified by the SME in its VEE process for smart meters.
      4. A unit sub-meter provider shall document and make available its VEE process and criteria, and allow scrutiny of its process by consumers, retailers, the Board and Measurement Canada.
   4. Metering Services
      1. A unit sub-meter provider shall comply with Measurement Canada standards as a minimum metering installation and measurement standard, and may apply any other practices that exceed those standards.
      2. A unit sub-meter provider shall ensure that persons involved in metering services have competency in performing these services. Competency may be based on recognized qualification requirements that include a training course that meets the requirements of the tasks to be performed. Metering services provided by a person that does not have the recognized qualification requirements shall be reviewed, affirmed and documented by a person with exhibited competency.
      3. A unit sub-meter provider shall exercise appropriate diligence in detecting and acting upon instances of tampering with metering equipment. Upon identification of possible meter tampering, the unit sub-meter provider should notify, as appropriate, Measurement Canada, police officials, the Electrical Safety Authority, or other entities.
      4. Nothing in this Code shall affect the obligation of a unit sub-meter provider to comply with all Measurement Canada requirements provided that, where this Code or other conditions of licence prescribe a higher standard than that prescribed in those requirements, the unit sub-meter provider shall comply with the higher standard.
      5. A unit sub-meter provider shall respond to consumer metering disputes, and shall establish a fair and reasonable charge for costs associated with resolution of these disputes. If the complaint is substantiated, the charge shall not be applied. In resolving the dispute, a unit sub-meter provider may use a qualified, independent organization at anytime during the dispute resolution process.
3. Standards Of Business Practice And Conduct
   1. Disclosure of Agreements and Disclosure in Agreements
      1. For any prescribed property subject to section 33(2) of the Ecpa, the unit sub-meter provider shall disclose to the master consumer of the prescribed property all agreements between the unit sub-meter provider or its affiliate and the developer of the prescribed property or an affiliate of the developer.
      2. A unit sub-meter provider shall provide a copy of the agreements referred to in section 3.1.1 to each consumer upon request.
      3. Every contract a unit sub-meter provider has with a consumer or master consumer shall include the following information:
         1. the unit sub-meter provider’s capital investment and a description of all types of costs that can be included in the capital investment;
         2. the depreciation method used to depreciate the capital investment if there are to be undepreciated capital costs recovered upon termination of the contract;
         3. a description of, and whenever possible, the actual amount for, all fees and charges related to the provision of the unit sub-metering service; and
         4. a description of, and whenever possible, the actual amount for, all fees and charges related to the termination of the contract including:
            1. any fees or charges for the disconnection and removal of the installed unit sub-meters;
            2. any fees and charges related to the repayment of the undepreciated capital cost of the unit sub-meter provider’s capital investment; and
            3. the length of time allowed to repay the amount in section (ii) above.
   2. Conditions of Service
      1. A unit sub-meter provider shall document its operating practices and connection policies in a document to be entitled Conditions of Service. Subject to this Code and other applicable laws, a unit sub-meter provider shall comply with its Conditions of Service but may waive a provision of its Conditions of Service in favour of a consumer or potential consumer.
      2. A unit sub-meter provider shall make its Conditions of Service publicly available, post it on its web-site, and provide a copy to any person requesting it.
      3. A unit sub-meter provider shall provide advance notice to its consumers of any changes to its Conditions of Service. Notice shall be, at a minimum, provided to each consumer by means of a note on, or included with, the consumer’s bill. The notice shall include a proposed timeline for implementation of the new Conditions of Service and a means by which consumers' comments may be provided.
      4. If a unit sub-meter provider amends its Conditions of Service, it shall provide one copy of the amended Conditions of Service for each of its consumers. The copy of the amended document shall include a cover letter that outlines the changes from the prior document, as well as a summary of any consumer comments on the changes.
      5. A unit sub-meter provider’s Conditions of Service shall include, at a minimum, a description of the following:
         1. its billing cycle period and payment requirements;
         2. its security deposit procedure;
         3. its dispute resolution procedure;
         4. its business process for disconnecting and reconnecting consumers, including means of notification and timing;
         5. conditions under which it may disconnect a consumer; and
         6. the unit sub-meter provider’s rights and obligations with respect to a consumer.
      6. The Conditions of Service must be consistent with the provisions of this Code and all other applicable legislation and regulatory requirements.
   3. Provision of Information to Consumers and Consumer Complaints
      1. A unit sub-metering provider shall communicate general market and educational information to consumers to whom it provides a bill as required by the Board.
      2. A unit sub-meter provider shall provide its address and telephone number to its consumers in all written communications between the unit sub-meter provider and the consumer. The unit sub-meter provider’s telephone number must be a local number or one that is capable of being reached without charge to the consumer.
      3. If any consumer makes a complaint to a unit sub-meter provider regarding its services, the unit sub-meter provider shall expeditiously investigate the complaint and take all appropriate and necessary steps to resolve the complaint. If the complaint is not resolved to the satisfaction of the consumer, the unit sub-meter provider shall provide to the consumer the telephone number of the Board’s Consumer Relations Centre.
      4. In cases where a consumer complaint has been referred to the unit sub-meter provider from the Board and resolution of the complaint is reached, the unit sub-meter provider shall implement the resolution immediately and shall confirm this, in writing, to the Board.
   4. Transfer and Assignment of Contracts
      1. A unit sub-meter provider shall not sell, transfer, or assign a contract with a consumer to another person who is not a licensed unit sub-meter provider.
      2. Prior to the sale, transfer, or assignment of a contract, the unit sub-meter provider shall ensure that all relevant consumer information including, but not limited to, information regarding security deposits and consumption, is properly transferred to the new unit sub-meter provider to allow for the continuous billing of consumers.
      3. Prior to the termination of a contract, the unit sub-meter provider shall ensure that all relevant consumer information including, but not limited to, information regarding security deposits and consumption, is properly transferred to the exempt distributor to allow for the continuous billing of consumers.
      4. A unit sub-meter provider must notify the Board of any sale, transfer, or assignment of contracts within 10 days of the sale, transfer, or assignment.
      5. Within 60 days of any sale, transfer, or assignment of a contract to another unit sub-meter provider, the new unit sub-meter provider must notify the affected consumers of the new unit sub-meter provider’s address and telephone number.
4. Billing And Collection
   1. Security Deposits
      1. A unit sub-meter provider who is contracted to collect security deposits on behalf of the master consumer shall ensure that its Conditions of Service include the unit sub-meter provider’s security deposit policy which shall be consistent with the provisions of this Code. A unit sub-meter provider’s security deposit policy shall include at a minimum the following:
         1. a list of all potential types/forms of security accepted;
         2. a detailed description of how the amount of security is calculated;
         3. limits on the amount of security required;
         4. the planned frequency, process and timing for updating security deposits;
         5. criteria consumers must meet to have security deposit waived and/or returned; and
         6. methods of enforcement where a security deposit is not paid.
      2. In managing consumers’ non-payment risk, a unit sub-meter provider shall not discriminate among consumers with similar risk profiles or risk related factors except where expressly permitted under this Code.
      3. A unit sub-meter provider may require a security deposit from a consumer unless the consumer has a good payment history of 1 year. The time period that makes up the good payment history must be the most recent period of time and some of the time period must have occurred in the previous 24 months. A unit sub-meter provider shall provide a consumer with the specific reasons for requiring a security deposit from the consumer.
      4. For the purposes of section 4.1.3, a consumer is deemed to have a good payment history unless, during the relevant time period set out in section 4.1.3, the consumer has received more than one disconnection notice from the unit sub-meter provider, more than one cheque given to the unit sub-meter provider by the consumer has been returned for insufficient funds, more than one pre authorized payment to the unit sub-meter provider has been returned for insufficient funds or a disconnect / collect trip has occurred. If any of the preceding events occur due to an error by the unit sub-meter provider, the consumer’s good payment history shall not be affected.
      5. For the purposes of section 4.1.3, a unit sub-meter provider shall deem a consumer to have a good payment history if the consumer provides a letter from a licensed electricity distributor or gas distributor in Canada confirming a good payment history with that distributor for the most recent relevant time period set out in section 4.1.3 where some of the time period which makes up the good payment history has occurred in the previous 24 months.
      6. The maximum amount of a security deposit which a unit sub-meter provider may require a consumer to pay shall be calculated by multiplying the unit sub-meter provider’s billing cycle factor and the consumer’s estimated bill (which shall be based on the consumer’s average monthly load with the unit sub-meter provider during the most recent 12 consecutive months within the past two years). Where relevant usage information is not available for the consumer for 12 consecutive months within the past two years or where the unit sub-meter provider does not have systems capable of making the above calculation, the consumer’s average monthly load shall be based on a reasonable estimate made by the unit sub-meter provider.
      7. For the purposes of sections 4.1.6, the billing cycle factor is 2.5 if the consumer is billed monthly, 1.75 if the consumer is billed bi-monthly and 1.5 if the consumer is billed quarterly.
      8. Where a consumer has a payment history which discloses more than one disconnection notice in a relevant 12 month period, the unit sub-meter provider may use that consumer’s highest actual or estimated monthly load for the most recent 12 consecutive months within the past two years for the purposes of making the calculation of the maximum amount of security deposit under section 4.1.6.
      9. Subject to section 4.1.2, a unit sub-meter provider may at its discretion reduce the amount of a security deposit which it requires a consumer to pay for any reason including where the consumer pays under an interim payment arrangement and where the consumer makes pre-authorized payments.
      10. The form of payment of a security deposit for a consumer shall be cash or cheque at the discretion of the consumer or such other form as is acceptable to the unit sub-meter provider.
      11. A unit sub-meter provider shall permit the consumer to provide a security deposit in equal installments paid over at least four months. A consumer may, in its discretion, choose to pay the security deposit over a shorter time period.
      12. Interest shall accrue monthly on security deposits made by way of cash or cheque commencing on receipt of the total deposit required by the unit sub-meter provider. The interest rate shall be at the average over the period of the prime lending rate set by the Bank of Canada less 2 percent. The interest accrued shall be paid out at least once every 12 months or on return of the security deposit or upon the application of the security deposit to the consumer’s account or upon the closure of the consumer’s account, whichever comes first, and may be paid by crediting the account of the consumer or otherwise.
      13. A unit sub-meter provider shall review every consumer’s security deposit at least once in a calendar year to determine whether the entire amount of the security deposit is to be returned to the consumer as the consumer is now in a position that it would be exempt from paying a security deposit under section 4.1.3 had it not already paid a security deposit or whether the amount of the security deposit is to be adjusted based on a re-calculation of the maximum amount of the security deposit under section 4.1.6.
      14. A unit sub-meter provider must respond promptly to a consumer who, no earlier than 12 months after the payment of a security deposit or the making of a prior demand for a review, demands in writing that a unit sub-meter provider undertake a review to determine whether the entire amount of the security deposit is to be returned to the consumer as the consumer is now in a position that it would be exempt from paying a security deposit under section 4.1.3 had it not already paid a security deposit or whether the amount of the security deposit is to be adjusted based on a re-calculation of the maximum amount of the security deposit under section 4.1.6.
      15. Where the unit sub-meter provider determines in conducting a review under section 4.1.13 or 4.1.14 that some or all of the security deposit is to be returned to the consumer, the unit sub-meter provider shall promptly return this amount to the consumer by crediting the consumer’s account or otherwise.
      16. A unit sub-meter provider shall promptly return any security deposit received from the consumer upon closure of the consumer’s account, subject to the unit sub-meter provider’s right to use the security deposit to set off other amounts owing by the consumer to the unit sub-meter provider. The security deposit shall be returned within six weeks of the closure of an account.
      17. Where all or part of a security deposit has been paid by a third party on behalf of a consumer, the unit sub-meter provider shall return the amount of the security deposit paid by the third party, including interest, where applicable, to the third party. This obligation shall apply where and to the extent that:
          1. the third party paid all or part (as applicable) of the security deposit directly to the unit sub-meter provider;
          2. the third party has requested, at the time the security deposit was paid or within a reasonable time thereafter, that the unit sub-meter provider return all or part (as applicable) of the security deposit to it rather than to the consumer; and
          3. there is not then any amount overdue for payment by the consumer that the unit sub-meter provider is permitted by this Code to off set using the security deposit.
   2. Disconnection and Reconnection
      1. A unit sub-meter provider shall not disconnect consumers for non-payment of bills unless the master consumer has contracted the unit sub-meter provider to do so on its behalf.
      2. A unit sub-meter provider shall establish a process for disconnection and reconnection that specifies the notification policies for disconnection and reconnection as well as the timing of disconnections and reconnections. In developing physical and business processes for reconnection, a unit sub-meter provider shall consider safety and reliability as a primary requirement. A unit sub-meter provider shall document its business process for disconnection and reconnection in its Conditions of Service.
      3. Without limiting the generality of the foregoing, prior to disconnecting a consumer for non-payment, a unit sub-meter provider shall provide to the consumer, and any person that is to receive notice of the disconnection:
         1. the Fire Safety Notice of the Office of the Fire Marshal; and
         2. any other public safety notices or information bulletins issued by public safety authorities and provided to the unit sub-meter provider, which provide information to consumers respecting dangers associated with the disconnection of electricity service.
      4. A unit sub-meter provider shall include a copy of the notices or bulletins referred to in section 4.2.3 with any notice of disconnection that is left at the consumer’s property at the time of actual disconnection for non-payment.
      5. A unit sub-meter provider shall inform a consumer responsible for an overdue amount that it may be disconnected in accordance with section 31(2) of the Electricity Act.
      6. It is recommended that, whenever possible, unit sub-meter providers give no less than seven (7) calendar days notice before disconnecting a consumer for non-payment.
      7. A unit sub-meter provider may disconnect a consumer without notice in accordance with a court order or for emergency, safety or system reliability reasons.
      8. A unit sub-meter provider may recover from consumer who is disconnected the reasonable costs associated with the disconnection, including overdue amounts payable by the consumer. A unit sub-meter provider may recover from the disconnected consumer the reasonable costs for repairs of the unit sub-meter provider’s physical assets in reconnecting the consumer.
      9. In establishing its disconnection policy, which will be set out in its Conditions of Service, a unit sub-meter provider may consider the following reasons for disconnection:
         1. adverse effect on the reliability and safety of the unit sub-meter system or the exempt distributor’s distribution system;
         2. imposition of an unsafe worker situation beyond normal risks inherent in the operation of the unit sub-meter system or the exempt distributor’s distribution system;
         3. a material decrease in the efficiency of the unit sub-meter system or the exempt distributor’s distribution system;
         4. a materially adverse effect on the quality of distribution services received by an existing connection;
         5. inability of the unit sub-meter provider to perform planned inspections and maintenance;
         6. failure of the consumer to comply with a directive of a unit sub-meter provider that the unit sub-meter provider makes for purposes of meeting its licence obligations; and
         7. the consumer owes the exempt distributor money for unit sub-metering services or for a security deposit. The unit sub-meter provider shall give the consumer a reasonable opportunity to provide the security deposit consistent with section 4.1.11.
   3. Form of the Invoice
      1. A unit sub-meter provider who is contracted to bill low-volume consumers on behalf of the master consumer shall comply with all applicable regulations regarding information on invoices to low-volume consumers of electricity.
   4. Payment of the Master Bill
      1. If the unit sub-meter provider has assumed responsibility for payment for the master bill, then the amount to be collected from consumers shall not include any penalties assessed by the licensed distributor on the master bill. Penalties include, but are not limited to, late payment charges and disconnect or reconnect charges.

(144-G022)

Ontario Securities Commission

Amendments To National Instrument 81-101 Mutual Fund Prospectus Disclosure

On November 23, 2010, the Minister of Finance approved amendments made by the Ontario Securities Commission to National Instrument 81-101 Mutual Fund Prospectus Disclosure. At the same time, consequential amendments were also approved to:

• National Instrument 81-102 Mutual Funds;

• National Instrument 81-106 Investment Fund Continuous Disclosure; and

• National Instrument 13-101 System for Electronic Document Analysis and Retrieval (Sedar).

The amendments were made by the Commission on September 14, 2010 and came into force on January 1, 2011.

The amendments complete the first stage of the implementation of the point of sale initiative. The amendments require the production, filing and posting of the Fund Facts document to a mutual fund or mutual fund manager’s website.

The full text of the amendments is available in the Ontario Securities Commission’s Bulletin at Volume 33, Issue 49 (December 10, 2010) and on the Commission’s website at www.OSC.gov.on.ca.

(144-G023)

Ontario Securities Commission

Rule Amendments Related To Changeover To International Financial Reporting Standards

On January 1, 2011, amendments to rules under the Securities Act and the Commodity Futures Act came into force. These amendments relate to the changeover in Canada to International Financial Reporting Standards. The rules are those set out in Table 1, below. The full text of the amendments are available in the Ontario Securities Commission’s Bulletin at (2010) 33 Oscb (Supp-5) and on the Commission’s website at www.OSC.gov.on.ca.

Table 1

Ontario Securities Commission (OSC) Rule 13-502 Fees

OSC Rule 13-503 (Commodity Futures Act) Fees

National Instrument 14-101 Definitions

National Instrument 13-101 System for Electronic Document Analysis and Retrieval (Sedar)

National Instrument 21-101 Marketplace Operation

National Instrument 31-103 Registration Requirements and Exemptions

National Instrument 33-109 Registration Information

National Instrument 41-101 General Prospectus Requirements

National Instrument 44-101 Short Form Prospectus Distributions

National Instrument 44-102 Shelf Distributions

National Instrument 45-106 Prospectus and Registration Exemptions

National Instrument 51-102 Continuous Disclosure Obligations

OSC Rule 51-801 Implementing National Instrument 51-102 Continuous Disclosure Obligations

National Instrument 52-107 Acceptable Accounting Principles and Auditing Standards

National Instrument 52-109 Certification of Disclosure in Issuers’ Annual and Interim Filings

National Instrument 52-110 Audit Committees

National Instrument 54-101 Communication with Beneficial Owners of Securities of a Reporting Issuer

OSC Rule 62-504 Take-Over Bids and Issuer Bids

National Instrument 71-102 Continuous Disclosure and Other Exemptions Relating to Foreign Issuers

OSC Rule 71-802 Implementing National Instrument 71-102 Continuous Disclosure and Other Exemptions Relating to Foreign Issuers

(144-G024)