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Ontario Energy Board Act, 1998

ONTARIO REGULATION 275/04

Information on Invoices to CERTAIN CLASSES OF Consumers of Electricity

Historical version for the period March 29, 2018 to March 31, 2018.

Last amendment: 153/18.

Legislative History: 432/04, 555/05, 67/10, 498/10, 199/11, 405/12, 161/15, 368/16, 191/17, 153/18.

 

This is the English version of a bilingual regulation.

Definitions

0.1 In this Regulation,

“debt retirement charge regulation” means Ontario Regulation 493/01 (Debt Retirement Charge – Rates and Exemptions) made under the Electricity Act, 1998; (“règlement sur la redevance de liquidation de la dette”)

“eligible complex” means an eligible complex as defined in subsection 4.0.1 (1.5) of Ontario Regulation 161/99 (Definitions and Exemptions) made under the Act, in respect of which a notice has been given under section 5.4 of the debt retirement charge regulation; (“ensemble admissible”)

“eligible residential unit” has the meaning set out in subsection 1 (1) of the debt retirement charge regulation; (“unité d’habitation admissible”)

“invoice”, except in sections 7.1 and 8.3, means an invoice described in subsection 1 (1); (“facture”)

“Ontario Electricity Support Program” means the Ontario Electricity Support Program referred to in subsection 79.2 (2) of the Act. (“Programme ontarien d’aide relative aux frais d’électricité”) O. Reg. 161/15, s. 2; O. Reg. 191/17, s. 1.

Note: On April 1, 2018, section 0.1 of the Regulation is revoked and the following substituted: (See: O. Reg. 153/18, s. 1)

Definition

0.1 In this Regulation,

“invoice” means an invoice issued in respect of electricity to, except in section 8.3, a low-volume consumer. O. Reg. 153/18, s. 1.

Non-application

0.1.1 This Regulation does not apply to invoices issued by Hydro One Inc. O. Reg. 191/17, s. 2.

Note: On September 30, 2018, section 0.1.1 of the Regulation is revoked. (See: O. Reg. 153/18, s. 2)

Headings on invoice

1. (1) An invoice issued to a low-volume consumer must include the heading, “Your Electricity Charges”.  O. Reg. 275/04, s. 1 (1).

Note: On April 1, 2018, subsection 1 (1) of the Regulation is revoked. (See: O. Reg. 153/18, s. 3 (1))

(2) An invoice issued to a low-volume consumer must include, below the heading required by subsection (1), the following sub-headings in the order listed:

1. Electricity.

2. Delivery.

3. Regulatory charges.

4. Debt retirement charge.  O. Reg. 275/04, s. 1 (2).

Note: On April 1, 2018, subsection 1 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 153/18, s. 3 (2))

(2) An invoice issued to a low-volume consumer must include the following headings, in the following order:

1. Electricity.

2. Delivery.

3. Regulatory charges. O. Reg. 153/18, s. 3 (2).

(3) A distributor that bills on behalf of a retailer using distributor-consolidated billing in accordance with the Retail Settlement Code may include other information on the invoice provided to the distributor by the retailer in accordance with the Code, if the distributor includes the sub-heading “Electricity” on the invoice as required by paragraph 1 of subsection (2).  O. Reg. 275/04, s. 1 (3).

Note: On April 1, 2018, subsection 1 (3) of the Regulation is amended by striking out “sub-heading” and substituting “heading”. (See: O. Reg. 153/18, s. 3 (3))

Electricity

2. Under the sub-heading “Electricity”, the invoice must indicate clearly and separately the amount of electricity consumed, the commodity price for the electricity and any other information related to the consumption of electricity that may be required as the result of other regulations made under the Act, an order of the Board or a licence condition imposed by the Board.  O. Reg. 275/04, s. 2.

Note: On April 1, 2018, section 2 of the Regulation is amended by striking out “sub-heading” and substituting “heading”. (See: O. Reg. 153/18, s. 4)

Delivery

3. (1) Under the sub-heading “Delivery”, the invoice must clearly indicate the total cost of the delivery charges.  O. Reg. 275/04, s. 3 (1).

Note: On April 1, 2018, subsection 3 (1) of the Regulation is amended by striking out “sub-heading” and substituting “heading”. (See: O. Reg. 153/18, s. 5)

(2) Delivery charges are to be calculated as the sum of,

(a) all variable and fixed distribution charges;

(b) all charges based on the retail transmission network service rate;

(c) all charges based on the retail transmission connection service rate; and

(d) all charges related to losses incurred in the distribution of electricity, except for such amounts that are already included in regulatory charges under subsection 4 (2). O. Reg. 275/04, s. 3 (2); O. Reg. 405/12, s. 1.

Regulatory charges

4. (1) Under the sub-heading “Regulatory charges”, the invoice must clearly indicate the total cost of the regulatory charges.  O. Reg. 275/04, s. 4 (1).

Note: On April 1, 2018, subsection 4 (1) of the Regulation is amended by striking out “sub-heading” and substituting “heading”. (See: O. Reg. 153/18, s. 6 (1))

(2) The regulatory charges are to be calculated as the sum of the standard supply service administration charge, where applicable, the wholesale market service charge, including rural or remote rate protection compensation required under subsection 79 (4) of the Act, compensation required under subsection 79.2 (10) of the Act and the charges related to the assessments made under section 26.1 of the Act. O. Reg. 161/15, s. 3.

Note: On April 1, 2018, subsection 4 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 153/18, s. 6 (2))

(2) The regulatory charges are to be calculated as the sum of the standard supply service administration charge and, where applicable, the wholesale market service charge, including rural or remote rate protection compensation required under subsection 79 (4) of the Act. O. Reg. 153/18, s. 6 (2).

Debt retirement charge

5. (1) Subject to subsections (2) and (3), under the sub-heading “Debt retirement charge”, the invoice must clearly indicate the total amount of the debt retirement charge payable under subsection 85 (4) of the Electricity Act, 1998. O. Reg. 161/15, s. 4.

(2) If the low-volume consumer has an account with a distributor that falls within a residential-rate classification as specified in a rate order made by the Board under section 78 of the Act, then under the sub-heading “Debt retirement charge”, the invoice must clearly indicate that the total amount of the debt retirement charge payable under subsection 85 (4) of the Electricity Act, 1998 with respect to electricity consumed after December 31, 2015 is zero. O. Reg. 161/15, s. 4.

(3) If a low-volume consumer is not a low-volume consumer described in subsection (2) and has an account for the provision of electricity by a distributor that comprises or includes electricity that is consumed in one or more eligible residential units, then under the sub-heading “Debt retirement charge”, the invoice must clearly indicate the amount of the debt retirement charge payable under subsection 85 (4) of the Electricity Act, 1998 net of any applicable exemption under section 5.2 or 5.3 of the debt retirement charge regulation. O. Reg. 161/15, s. 4.

(4) Subsections (2) and (3) apply to invoices issued after December 31, 2015 with respect to electricity consumed after December 31, 2015. O. Reg. 161/15, s. 4.

Note: On April 1, 2018, section 5 of the Regulation is revoked. (See: O. Reg. 153/18, s. 7)

Historical information

6. The invoice must include information on the historical consumption of electricity by the consumer in a manner that enables the consumer to readily compare electricity consumption from the current billing period to electricity consumption from earlier billing periods.  O. Reg. 275/04, s. 6.

Metered consumption

7. The invoice must clearly indicate the consumer’s consumption of electricity as indicated on the consumer’s meter. O. Reg. 405/12, s. 2.

Debt retirement charge – eligible complex

7.1 (1) This section applies to invoices issued after December 31, 2015 to consumers who are not low-volume consumers and who have an account for the provision of electricity by a distributor that is consumed in an eligible complex after December 31, 2015. O. Reg. 161/15, s. 5.

(2) The invoice must include the heading or sub-heading, “Debt Retirement Charge”. O. Reg. 161/15, s. 5.

(3) Subject to subsections (4) and (5), under the heading or sub-heading the invoice must clearly indicate the total amount of the debt retirement charge payable under subsection 85 (4) of the Electricity Act, 1998. O. Reg. 161/15, s. 5.

(4) If the account falls within a residential-rate classification as specified in a rate order made by the Board under section 78 of the Act, then under the heading or sub-heading the invoice must clearly indicate that the total amount of the debt retirement charge payable under subsection 85 (4) of the Electricity Act, 1998 is zero. O. Reg. 161/15, s. 5.

(5) If the account is not an account described in subsection (4), then under the heading or sub-heading the invoice must clearly indicate the amount of the debt retirement charge payable under subsection 85 (4) of the Electricity Act, 1998 net of any applicable exemption under section 5.2 or 5.3 of the debt retirement charge regulation. O. Reg. 161/15, s. 5.

Note: On April 1, 2018, section 7.1 of the Regulation is revoked. (See: O. Reg. 153/18, s. 7)

Conservation message

8. (1) When the Minister provides a conservation message, the conservation message must be included on or with the invoice.  O. Reg. 275/04, s. 8 (1).

(2) If the Minister has not provided a conservation message, the distributor may include its own conservation message on or with the invoice.  O. Reg. 275/04, s. 8 (2).

Note: On April 1, 2018, subsection 8 (2) of the Regulation is amended by striking out “the distributor may include its own conservation message” and substituting “the person issuing the invoice may include the person’s own conservation message”.  (See: O. Reg. 153/18, s. 8)

Renewable or alternative energy source message

8.1 When the Minister provides an informational message concerning alternative energy sources or renewable sources, the message must be included on or with the invoice.  O. Reg. 555/05, s. 1.

8.2 Revoked: O. Reg. 191/17, s. 3.

Ontario Electricity Support Program message

8.3 (1) When the Minister provides an informational message concerning the Ontario Electricity Support Program, the message must be included on or with the invoice as required by the Minister. O. Reg. 161/15, s. 6.

Note: On April 1, 2018, subsection 8.3 (1) of the Regulation is amended by adding “referred to in subsection 79.2 (2) of the Act” after “Ontario Electricity Support Program”. (See: O. Reg. 153/18, s. 9 (1))

(2) For the purposes of section 79.17 of the Act, all classes of consumer are prescribed under this section, subject to clause (3) (a). O. Reg. 161/15, s. 6.

(3) Without limiting the generality of subsection (1), the Minister may require that the informational message,

(a) be provided to such classes of consumers as the Minister may require;

(b) clearly show on a separate line in the invoice, in such location as the Minister may require, if any, the name of the Ontario Electricity Support Program or a reference to the program by another name or acronym and the amount of the rate assistance provided to the consumer for the period covered by the invoice;

(c) include such information respecting the consumer’s eligibility period as a rate-assisted consumer as the Minister may specify, including a notice reminding the consumer to make any necessary renewals prior to expiry;

(d) include such information as the Minister may specify respecting how to apply for rate assistance under the Ontario Electricity Support Program, whether or not the consumer is currently a rate-assisted consumer;

(e) include different information for consumers in different circumstances;

(f) be in the form required by the Minister; and

(g) appear in a particular location on the invoice. O. Reg. 161/15, s. 6.

(4) This section applies to invoices issued after December 31, 2015 with respect to electricity consumed after December 31, 2015. O. Reg. 161/15, s. 6.

Note: On April 1, 2018, subsection 8.3 (4) of the Regulation is revoked. (See: O. Reg. 153/18, s. 9 (2))

Restriction

9. (1) An invoice shall not include on it any information about the subject matters to which the heading and sub-headings in section 1 refer, except as otherwise specified by,

(a) this Regulation or another regulation made under the Act;

(b) the Electricity Act, 1998 or a regulation made under that Act;

(c) the Ontario Clean Energy Benefit Act, 2010 or a regulation made under that Act; or

(d) the Ontario Rebate for Electricity Consumers Act, 2016 or a regulation made under that Act. O. Reg. 368/16, s. 1.

(2) An invoice may include information concerning any adjustments to billing information relating to any subject matter referred to in this Regulation.  O. Reg. 432/04, s. 1.

Note: On April 1, 2018, section 9 of the Regulation is revoked and the following substituted: (See: O. Reg. 153/18, s. 10)

Contact information

9. (1) The invoice shall include the following information:

1. The website address, if any, of the person issuing the invoice.

2. The telephone number of the person issuing the invoice.

3. The phrase “For a detailed explanation of electricity terms, please visit”, followed by the Board’s website address. O. Reg. 153/18, s. 10.

(2) The information set out under subsection (1) may be located anywhere on the invoice, and need not be located together. O. Reg. 153/18, s. 10.

Glossary and information

10. (1) The distributor must include on or with the invoice the following glossary of terms and their meanings, in the language as set out in the following Table:

TABLE
GLOSSARY OF TERMS

Term

Description

Electricity

This is the cost of the electricity supplied to you during this billing period and is the part of the bill that is subject to competition.

Delivery

These are the costs of delivering electricity from generating stations across the Province to (name of distributor) then to your home or business.  This includes the costs to build and maintain the transmission and distribution lines, towers and poles and operate provincial and local electricity systems.

A portion of these charges are fixed and do not change from month to month.  The rest are variable and increase or decrease depending on the amount of electricity that you use.

The delivery charge also includes costs relating to electricity lost through distributing electricity to your home or business.*  (Name of distributor) collects this money and pays this amount directly to our suppliers.

*When electricity is delivered over a power line, it is normal for a small amount of power to be consumed or lost as heat.  Equipment, such as wires and transformers, consumes power before it gets to your home or business.

Regulatory Charges

Regulatory charges are the costs of administering the wholesale electricity system and maintaining the reliability of the provincial grid and include the costs associated with funding Ministry of Energy conservation and renewable energy programs.

Debt Retirement Charge

The debt retirement charge pays down the debt of the former Ontario Hydro.

O. Reg. 275/04, s. 10 (1); O. Reg. 67/10, s. 2; O. Reg. 199/11, s. 1; O. Reg. 405/12, s. 3.

(2) The invoice shall include the website of the distributor, where available, and the distributor’s telephone number in a note following the glossary of terms that shall read as follows:

NOTE: For a detailed explanation of electricity terms, please visit (website of distributor, where available) or (website of the Board).

O. Reg. 161/15, s. 7.

Note: On April 1, 2018, section 10 of the Regulation is revoked and the following substituted: (See: O. Reg. 153/18, s. 10)

Defined terms

10. (1) The invoice must include each term listed in Column 1 of the following Table followed by its meaning as set out in the corresponding row of Column 2 of the Table:

TABLE

Column 1
Term

Column 2

Meaning

Electricity

This is the cost of the electricity supplied to you during this billing period and is the part of the bill that is subject to competition.

Delivery

These are the costs of delivering electricity from generating stations across the Province to (name of person issuing the invoice) then to your home or business. This includes the costs to build and maintain the transmission and distribution lines, towers and poles and operate provincial and local electricity systems.

A portion of these charges is fixed and does not change from month to month. The rest are variable and increase or decrease depending on the amount of electricity that you use.

The delivery charge also includes costs relating to electricity lost through distributing electricity to your home or business.* (Name of person issuing the invoice) collects this money and pays this amount directly to our suppliers.

*When electricity is delivered over a power line, it is normal for a small amount of power to be consumed or lost as heat. Equipment, such as wires and transformers, consumes power before it gets to your home or business.

Regulatory Charges

Regulatory charges are the costs of administering the wholesale electricity system and maintaining the reliability of the provincial grid.

O. Reg. 153/18, s. 10.

(2) The terms set out in subsection (1), together with their meanings, may be located anywhere on the invoice, and need not be located together. O. Reg. 153/18, s. 10.

(3) Despite subsection (1), the Minister may, on the request of a person who issues invoices, authorize the person to use different wording approved by the Minister if the Minister is satisfied that,

(a) the use of different wording is warranted on the basis of,

(i) technical or operational reasons, or

(ii) the person’s assessment of the preferences of its low-volume consumers; and

(b) the wording approved by the Minister promotes the purposes of the wording required by subsection (1). O. Reg. 153/18, s. 10.

(4) An authorization under subsection (3) shall be given to the person in writing, and shall specify the approved wording. O. Reg. 153/18, s. 10.

(5) A person who receives written authorization under subsection (4) shall include on the invoice the wording approved by the Minister in the authorization. O. Reg. 153/18, s. 10.

11. Revoked: O. Reg. 161/15, s. 8.

Note: On April 1, 2018, the Regulation is amended by adding the following section: (See: O. Reg. 153/18, s. 11)

Language

11. The words and phrases required under this Regulation to be included on or with invoices issued to low-volume consumers or invoices to which section 8.3 applies shall be included in English if the related invoices are issued in English, and in French if the related invoices are issued in French. O. Reg. 153/18, s. 11.

Temporary rules, retailer contracts

12. (1) This section applies to a distributor or other person who issues an invoice on or before June 30, 2015 to a low-volume consumer who has a contract for electricity with a retailer. O. Reg. 405/12, s. 4.

(2) Despite subsection 3 (2), the delivery charges are to be calculated as the sum of,

(a) all variable and fixed distribution charges;

(b) all charges based on the retail transmission network service rate; and

(c) all charges based on the retail transmission connection service rate. O. Reg. 405/12, s. 4.

(3) Despite subsection 10 (1), the distributor or other person must include on or with the invoice the following glossary of terms and their meanings, in the language as set out in the following table:

Table
Glossary of terms

Term

Description

Electricity

This is the cost of the electricity supplied to you during this billing period and is the part of the bill that is subject to competition.  The electricity consumed is multiplied by the adjustment factor*.  (Name of distributor) collects this money and pays this amount directly to our suppliers.

*When electricity is delivered over a power line, it is normal for a small amount of power to be consumed or lost as heat.  Equipment, such as wires and transformers, consumes power before it gets to your home or business.  The adjustment factor accounts for these losses.

Delivery

These are the costs of delivering electricity from generating stations across the Province to (name of distributor) then to your home or business.  This includes the costs to build and maintain the transmission and distribution lines, towers and poles and operate provincial and local electricity systems.

A portion of these charges are fixed and do not change from month to month.  The rest are variable and increase or decrease depending on the amount of electricity that you use.

Regulatory Charges

Regulatory charges are the costs of administering the wholesale electricity system and maintaining the reliability of the provincial grid and include the costs associated with funding Ministry of Energy conservation and renewable energy programs.

Debt Retirement Charge

The debt retirement charge pays down the debt of the former Ontario Hydro.

O. Reg. 405/12, s. 4.

Note: On April 1, 2018, section 12 of the Regulation is revoked and the following substituted: (See: O. Reg. 153/18, s. 12)

Transition

12. (1)  A person who is subject to a requirement under this Regulation shall comply with that requirement as soon as is practicable after the day section 12 of Ontario Regulation 153/18 comes into force, but in no event later than September 30, 2018. O. Reg. 153/18, s. 12.

(2)  Until the person is able to comply with a requirement set out in a provision of this Regulation, the requirement set out in the corresponding provision, if any, of this Regulation as it read immediately before section 12 of Ontario Regulation 153/18 came into force, continues to apply. O. Reg. 153/18, s. 12.