You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

contact us français

Welcome to the new e-Laws. It’s now easier than ever to find Ontario laws. We welcome your feedback.

# result(s)

 

Electricity Act, 1998
Loi de 1998 sur l’électricité

ONTARIO REGULATION 430/04

Payments Re section 25.33 of the Act

Historical version for the period July 1, 2011 to December 15, 2014.

Last amendment:  O. Reg. 399/10.

This Regulation is made in English only.

Interpretation

1. (1) In this Regulation,

“embedded distributor” means a licensed distributor who is not a market participant and to whom a host distributor distributes electricity;

“embedded generator” means a generator who is not a market participant and whose generation facility is connected to a distribution system of a licensed distributor, but does not include a generator who consumes more electricity than it generates;

“host distributor” means a licensed distributor who is a market participant and who distributes electricity to another licensed distributor who is not a market participant;

“licensed distributor” means a distributor who is licensed under Part V of the Ontario Energy Board Act, 1998;

“regulated consumer” means a consumer whose price or rate for electricity is determined by regulation or by the Board under subsection 78 (3.1) or section 79.16 of the Ontario Energy Board Act, 1998;

“regulated price” means, with respect to a regulated consumer, the price or rate determined by regulation under the Ontario Energy Board Act, 1998 or by the Board;

“Retail Settlement Code” means the Retail Settlement Code approved by the Board under the Ontario Energy Board Act, 1998.  O. Reg. 430/04, s. 1 (1); O. Reg. 399/10, s. 1 (1, 2).

(2) In this Regulation, a reference to a volume of electricity distributed by a licensed distributor includes the volume for total losses, as defined in the Retail Settlement Code, that is attributed to the licensed distributor’s regulated consumers or to an embedded distributor.  O. Reg. 430/04, s. 1 (2).

(3) Payments required by this Regulation are in addition to any payments that may be required by the market rules or the Retail Settlement Code.  O. Reg. 430/04, s. 1 (3).

(4) In this Regulation, a reference to a net volume of electricity withdrawn from the IESO-controlled grid means,

(a) the net volume of electricity, as determined in accordance with the market rules, that is withdrawn in Ontario by a market participant from the IESO-controlled grid; and

(b) the net volume of electricity, determined in accordance with the market rules, that is distributed to an embedded market participant by a distribution system.  O. Reg. 399/10, s. 1 (3).

Application

2. (1) This Regulation applies with respect to electricity used by a regulated consumer on or after January 1, 2005.  O. Reg. 430/04, s. 2 (1).

(2) Revoked:  O. Reg. 399/10, s. 2 (2).

Prescribed Classes of Consumers

Prescribed classes of consumers

3. The following classes of consumers are prescribed for the purposes of paragraph 3 of subsection 25.33 (3) of the Act:

1. Revoked:  O. Reg. 399/10, s. 3.

2. A class of consumers whose members pay a price for electricity that is determined in accordance with the regulations referred to in clause 79.16 (1) (a) of the Ontario Energy Board Act, 1998.

3. A class of consumers whose members pay a rate for electricity that is determined by the Board under subsection 78 (3.1) of the Ontario Energy Board Act, 1998.  O. Reg. 430/04, s. 3; O. Reg. 399/10, s. 3.

Required Payments

Payments re IESO sales directly to regulated consumers

4. (1) In this section,

  “A” is the amount payable by regulated consumers to the IESO for electricity for a month, calculated at the regulated prices for each regulated consumer, for the net volume of electricity withdrawn from the IESO-controlled grid by the regulated consumers, other than the volume of electricity, if any, purchased during the month by regulated consumers under physical bilateral contracts submitted to the IESO in accordance with the market rules, and

  “B” is the amount that would be payable by the same regulated consumers to the IESO for electricity for the same volume of electricity for the same month if the amount were to be calculated under the market rules, subject to the adjustment allocated to those regulated consumers for that month by the IESO in accordance with Ontario Regulation 429/04 (Adjustments under Section 25.33 of the Act) made under the Act.  O. Reg. 430/04, s. 4 (1).

(2) If there is a difference between “A” and “B”, the IESO shall give the OPA such information as the OPA may specify with respect to the amounts in the form specified by the OPA and before the expiry of the period specified by the OPA.  O. Reg. 430/04, s. 4 (2).

(3) If “A” is greater than “B”, the IESO shall make a payment equal to the difference to the OPA and shall do so before the expiry of the period specified by the OPA.  O. Reg. 430/04, s. 4 (3).

(4) If “B” is greater than “A”, the OPA shall make a payment equal to the difference to the IESO after receiving the information required under subsection (2).  O. Reg. 430/04, s. 4 (4).

(5) If the OPA establishes protocols under section 11 authorizing interim payments based on estimates with subsequent adjustments, subsections (1), (2), (3) and (4) apply with necessary modifications with respect to the interim payments.  O. Reg. 430/04, s. 4 (5).

Payments re licensed distributors

5. (1) In this section,

  “C” is the sum of all amounts payable to a licensed distributor who is a market participant by regulated consumers in the licensed distributor’s service area for the volume of electricity distributed to them by the licensed distributor for a month, calculated using the regulated prices for each regulated consumer, and

  “D” is the sum of all amounts that would be payable by the licensed distributor to the IESO or embedded generators for the same volume of electricity for the same month, if those amounts were to be calculated under the market rules or the Retail Settlement Code, as applicable, subject to the portion of the adjustment allocated to the licensed distributor for that month by the IESO in accordance Ontario Regulation 429/04 (Adjustments under Section 25.33 of the Act) made under the Act that relates to the same regulated consumers.  O. Reg. 430/04, s. 5 (1); O. Reg. 399/10, s. 4.

(2) If there is a difference between a licensed distributor’s “C” and “D”,

(a) the licensed distributor shall give the IESO such information as the IESO may specify with respect to the amounts in the form specified by the IESO and before the expiry of the period specified by the IESO; and

(b) the IESO shall give the OPA such information as the OPA may specify with respect to the amounts in the form specified by the OPA and before the expiry of the period specified by the OPA.  O. Reg. 430/04, s. 5 (2).

(3) The following rules apply if a licensed distributor’s “C” is greater than “D”:

1. The licensed distributor shall make a payment equal to the difference to the IESO before the expiry of the period specified by the IESO.

2. The IESO shall make a payment equal to the payment required under paragraph 1 to the OPA after receiving the information required under clause (2) (a) and before the expiry of the period specified by the OPA.  O. Reg. 430/04, s. 5 (3).

(4) The following rules apply if a licensed distributor’s “C” is less than “D”:

1. The OPA shall make a payment equal to the difference to the IESO after receiving the information required under clause (2) (b).

2. The IESO shall make a payment equal to the payment required under paragraph 1 to the licensed distributor after receiving the information required under clause (2) (a).  O. Reg. 430/04, s. 5 (4).

(5) If the OPA and the IESO establish protocols under section 11 authorizing interim payments based on estimates with subsequent adjustments, subsections (1), (2), (3) and (4) apply with necessary modifications with respect to the interim payments.  O. Reg. 430/04, s. 5 (5).

Payments re embedded distributors

6. (1) In this section,

“E” is the sum of all amounts payable to an embedded distributor by regulated consumers in the embedded distributor’s service area for the volume of electricity distributed to them by the embedded distributor for a month, calculated using the regulated prices for each regulated consumer, and

“F” is the sum of all amounts that would be payable by the embedded distributor to its host distributor or embedded generators for the same volume of electricity for the same month if those amounts were to be calculated under the Retail Settlement Code, subject to the portion of the adjustment allocated to the embedded distributor for that month by its host distributor in accordance with Ontario Regulation 429/04 (Adjustments under Section 25.33 of the Act) made under the Act that relates to the same regulated consumers.  O. Reg. 430/04, s. 6 (1); O. Reg. 399/10, s. 5.

(2) If there is a difference between an embedded distributor’s “E” in relation to a host distributor and “F”,

(a) the embedded distributor shall give its host distributor such information as the IESO may specify with respect to the amounts and shall do so before the expiry of the period specified by the host distributor;

(b) the host distributor shall give the IESO such information as the IESO may specify with respect to the amounts in the form specified by the IESO and before the expiry of the period specified by the IESO; and

(c) the IESO shall give the OPA such information as the OPA may specify with respect to the amounts in the form specified by the OPA and before the expiry of the period specified by the OPA.  O. Reg. 430/04, s. 6 (2).

(3) The following rules apply if an embedded distributor’s “E” in relation to a host distributor is greater than “F”:

1. The embedded distributor shall make a payment equal to the difference to the host distributor before the expiry of the period specified by the Board.

2. The host distributor shall make a payment equal to the payment required under paragraph 1 to the IESO before the expiry of the period specified by the IESO.

3. The IESO shall make a payment equal to the payment required under paragraph 1 to the OPA after receiving the information required under clause (2) (b) and before the expiry of the period specified by the OPA.  O. Reg. 430/04, s. 6 (3).

(4) The following rules apply if an embedded distributor’s “E” in relation to a host distributor is less than “F”:

1. The OPA shall make a payment equal to the difference to the IESO after receiving the information required under clause (2) (c).

2. The IESO shall make a payment equal to the payment required under paragraph 1 to the host distributor after receiving the information required under clause (2) (b).

3. The host distributor shall make a payment equal to the payment required under paragraph 1 to the embedded distributor before the expiry of the period specified by the Board.  O. Reg. 430/04, s. 6 (4).

(5) If the OPA and the IESO establish protocols under section 11 authorizing interim payments based on estimates with subsequent adjustments, subsections (1), (2), (3) and (4) apply with necessary modifications with respect to the interim payments.  O. Reg. 430/04, s. 6 (5).

7.-10. Revoked:  O. Reg. 399/10, s. 6.

Payment and Reporting Requirements

Interim payments based on estimates

11. (1) The OPA may establish protocols authorizing interim payments based on estimates with subsequent adjustments under any of the following provisions:

1. Subsections 4 (3) and (4).

2. Paragraph 2 of subsection 5 (3) and paragraph 1 of subsection 5 (4).

3. Paragraph 3 of subsection 6 (3) and paragraph 1 of subsection 6 (4).

4.-7. Revoked:  O. Reg. 399/10, s. 7 (1).

O. Reg. 430/04, s. 11 (1); O. Reg. 399/10, s. 7 (1).

(2) The IESO may establish protocols authorizing interim payments based on estimates with subsequent adjustments under any of the following provisions:

1. Paragraph 1 of subsection 5 (3) and paragraph 2 of subsection 5 (4).

2. Paragraph 2 of subsection 6 (3) and paragraph 2 of subsection 6 (4).

3.-6. Revoked:  O. Reg. 399/10, s. 7 (2).

O. Reg. 430/04, s. 11 (2); O. Reg. 399/10, s. 7 (2).

(3) If the IESO establishes protocols authorizing interim payments with subsequent adjustments under section 6, the Board may specify different periods for the interim payments and subsequent adjustments under paragraph 1 of subsection 6 (3) or paragraph 3 of subsection 6 (4).  O. Reg. 399/10, s. 7 (3).

Rules re calculations

12. (1) Subsection (2) applies if, in a month,

(a) a licensed distributor withdraws electricity from the IESO-controlled grid; and

(b) an embedded generator also supplies electricity to the licensed distributor.  O. Reg. 430/04, s. 12 (1).

(2) The volume of electricity distributed during the month by the licensed distributor to each regulated consumer within the licensed distributor’s service area shall be deemed to consist of electricity withdrawn by the licensed distributor from the IESO-controlled grid or supplied to the licensed distributor by an embedded generator, as the case may be, in the same proportion as the total volume of electricity withdrawn from the IESO-controlled grid by the licensed distributor during the month bears to the total volume of electricity supplied to the licensed distributor by embedded generators during the month.  O. Reg. 430/04, s. 12 (2).

(3) Subsection (2) applies, with necessary modifications, with respect to embedded distributors.  O. Reg. 430/04, s. 12 (3).

Reporting to the OPA and Board

13. (1) Upon request, the IESO, a licensed distributor, embedded generator or retailer shall give the OPA such information relating to payments required by this Regulation as the OPA may require in the form and within the period specified by the OPA.  O. Reg. 430/04, s. 13 (1).

(2) Upon request, the OPA, the IESO, a licensed distributor, embedded generator or retailer shall give the Board such information relating to payments required by this Regulation as the Board may require in the form and within the period specified by the Board.  O. Reg. 430/04, s. 13 (2).

Method of payment

14. (1) Payments required by this Regulation between the IESO and the OPA may be made at the option of the OPA by way of set-off in the accounts maintained by the IESO.  O. Reg. 430/04, s. 14 (1).

(2) Payments required by this Regulation between licensed distributors and the IESO may be made at the option of the IESO by way of set-off in the accounts maintained by the IESO.  O. Reg. 430/04, s. 14 (2).

(3) Payments required by this Regulation between an embedded distributor and its host distributor may be made at the option of the host distributor by way of set-off in the accounts maintained by the host distributor.  O. Reg. 430/04, s. 14 (3).

(4), (5) Revoked:  O. Reg. 399/10, s. 8.

Timing of payment by the OPA or IESO

15. (1) The OPA shall make each payment to the IESO that is required by this Regulation after the OPA receives the required information from the IESO in accordance with this Regulation, and the payment shall be reflected in the first invoice sent to the OPA after the IESO sends that information to the OPA.  O. Reg. 430/04, s. 15 (1).

(2) The IESO shall make each payment to a licensed distributor that is required by this Regulation after the IESO receives the required information from the licensed distributor in accordance with this Regulation, and the payment shall be reflected in the first invoice sent to the licensed distributor after the IESO receives that information from the licensed distributor.  O. Reg. 430/04, s. 15 (2).

Reliance on certain information

16. (1) For the purposes of the payments required by this Regulation between the IESO and the OPA or the IESO and licensed distributors, the IESO shall rely on the information provided to it by the licensed distributors.  O. Reg. 430/04, s. 16 (1).

(2) For the purposes of payments required by this Regulation between host distributors and embedded distributors, host distributors shall rely on the information provided to them by the embedded distributors.  O. Reg. 430/04, s. 16 (2).

(3), (4) Revoked:  O. Reg. 399/10, s. 9.

Transition, change in regulated prices

17. (1) This section applies with respect to a billing period that includes the first day in respect of which the regulated price payable for a regulated consumer is changed, whether by regulation or by the Board.  O. Reg. 430/04, s. 17 (1).

(2) The licensed distributor may estimate the volume of electricity used by a regulated 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. 399/10, s. 10.

18. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 430/04, s. 18.