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Ontario Energy Board Act, 1998
Loi de 1998 sur la Commission de l’énergie de l’Ontario

ONTARIO REGULATION 42/04

Amended to O. Reg. 93/05

COMMODITY PRICE FOR ELECTRICITY: LOW-VOLUME CONSUMERS AND DESIGNATED CONSUMERS

Note: This Regulation was revoked on April 1, 2005. See: O. Reg. 93/05, ss. 1, 2.

This Regulation is made in English only.

Conservation threshold

1. (1) The conservation threshold for low-volume consumers and designated consumers is 750 kilowatt hours per month. O. Reg. 42/04, s. 1 (1).

(2) Despite subsection (1), the conservation threshold for a low-volume consumer or designated consumer who has an account with a distributor,

(a) that relates to a property as defined in the Condominium Act, 1998, a residential complex as defined in the Tenant Protection Act, 1997 or a property that includes one or more dwellings and that is owned or leased by a co-operative as defined in the Co-operative Corporations Act; and

(b) that relates to more than one unit in the property or complex,

is 750 kilowatt hours per month multiplied by the number of units to which the account relates in the property or complex. O. Reg. 42/04, s. 1 (2).

(3) For the purpose of subsection (2), the number of units to which an account relates in a property or complex shall be deemed to be one unless a declaration attesting to the number of units and signed by the low-volume consumer or designated consumer is received,

(a) by the IMO, in the case of a low-volume consumer or designated consumer who is a market participant;

(b) by the retailer, in the case of retailer-consolidated billing; or

(c) by the distributor, in any other case. O. Reg. 42/04, s. 1 (3).

(4) The applicable conservation threshold for a billing period is determined with reference to the number of months in the billing period. O. Reg. 42/04, s. 1 (4).

Commodity price for electricity

2. (1) For the purpose of 79.4 (1) (a) of the Act, the commodity price for electricity payable by a low-volume consumer or a designated consumer is,

(a) 4.7 cents per kilowatt hour for the electricity consumed during a billing period, up to and including the applicable conservation threshold; and

(b) 5.5 cents per kilowatt hour for the electricity consumed during a billing period in excess of the applicable conservation threshold. O. Reg. 42/04, s. 2 (1).

(2) The invoice from a distributor or, in the case of retailer-consolidated billing, a retailer to the low-volume consumer or designated consumer for each billing period must show as separate items the amount billed at 4.7 cents per kilowatt hour and the amount billed at 5.5 cents per kilowatt hour. O. Reg. 42/04, s. 2 (2).

Transitional matters

3. (1) This section applies with respect to a billing period that includes the day on which this Regulation comes into force. O. Reg. 42/04, s. 3 (1).

(2) The distributor or, in the case of retailer-consolidated billing, the retailer may estimate the volume of electricity used by a low-volume consumer or designated consumer during the billing period that is to be allocated to the portion of the billing period that precedes that day and the volume to be allocated to the portion of the billing period that falls on and after it. O. Reg. 42/04, s. 3 (2).

(3) Despite section 2, the distributor or, in the case of retailer-consolidated billing, the retailer may calculate the amount payable for electricity used by a low-volume consumer or designated consumer during the billing period using an estimated charge for the entire billing period instead of the commodity price for electricity, if the estimated charge,

(a) is not less than 4.3 cents per kilowatt hour and not more than 4.7 cents per kilowatt hour in the case of a volume of electricity less than or equal to the applicable conservation threshold; and

(b) is not less than 4.3 cents per kilowatt hour and not more than 5.5 cents per kilowatt hour in the case of a volume of electricity greater than the applicable conservation threshold. O. Reg. 42/04, s. 3 (3).

4. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 42/04, s. 4.