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Ontario Energy Board Act, 1998

ONTARIO REGULATION 95/05

Classes of Consumers and Determination of Rates

Consolidation Period: From January 13, 2022 to the e-Laws currency date.

Last amendment: 10/22.

Legislative History: 58/08, 115/09, 494/10, 476/16, 460/20, 781/20, 27/21, 101/21, 843/21, 10/22.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“generation station service” means energy withdrawn from a distribution system or the IESO-controlled grid to power the on-site maintenance and operation of a generation facility; (“électricité consommée par les centrales”)

“holiday” means New Year’s Day, Family Day, Good Friday, Christmas Day, Boxing Day, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day and, if any of those days falls on a Saturday or Sunday, the weekday next following that day that is not one of those days; (“jour férié”)

“interval meter” means a meter that measures and records electricity use on at least an hourly basis or a time-of-use meter that is capable of providing data on at least an hourly basis; (“compteur par intervalles”)

“rate year” means a period beginning on November 1 in a year and ending on October 31 of the next year; (“année de tarification”)

“weekday” means any Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday. (“jour de semaine”) O. Reg. 95/05, s. 1; O. Reg. 494/10, s. 1; O. Reg. 843/21, s. 1.

2., 3. Revoked:  O. Reg. 58/08, s. 1.

Class of consumers, s. 79.16

4. (1) Revoked:  O. Reg. 494/10, s. 2 (1).

(2) On and after November 1, 2009, the following are prescribed as the class of consumers for the purposes of subsection 79.16 (1) of the Act:

1.  Low-volume consumers.

2.  A consumer who has a demand of 50 kilowatts or less.

3.  A consumer who has an account with a distributor, if the account relates to,

i.  a dwelling,

ii.  a property as defined in the Condominium Act, 1998,

iii.  a residential complex as defined in the Residential Tenancies Act, 2006, or

iv.  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.

4.  A consumer who annually uses at least 150,000 but not more than 250,000 kilowatt hours of electricity.

5.  A consumer who has an account with a distributor if the consumer,

i.  carries on a business that is a farming business for the purposes of the Farm Registration and Farm Organizations Funding Act, 1993, and

ii.  holds a valid registration number assigned under that Act or the consumer’s obligation to file a farming business registration form was waived pursuant to an order made under subsection 22 (6) of that Act.  O. Reg. 58/08, s. 1; O. Reg. 115/09, s. 1 (2); O. Reg. 494/10, s. 2 (2, 3).

Prescribed date, s. 79.16

5. April 1, 2005 is the prescribed date for the purpose of clause 79.16 (1) (b) of the Act.  O. Reg. 95/05, s. 5.

Determining rates, s. 79.16

6. (0.1) In this section,

“Standard Supply Service Code” means the “Standard Supply Service Code for Electricity Distributors” issued by the Board. O. Reg. 460/20, s. 1 (1).

(1) For the purpose of clause 79.16 (1) (b) of the Act, the Board shall determine rates in the following manner:

1.  The Board shall determine rates in a manner that is consistent with the Standard Supply Service Code.

2.  Subject to section 6.1, the Board shall, starting with the rate year that begins on November 1, 2022, determine separate rates for each rate year, or for such shorter time period as the Minister may direct.

2.1  Subject to section 6.1, the Board shall not determine separate rates during the period that begins on January 1, 2022 and ends on October 31, 2022, unless directed to do so by the Minister.

3.  In determining the rates, the Board shall forecast the cost of electricity to be consumed by the consumers to whom the rates apply, taking into consideration adjustments required under section 25.33 of the Electricity Act, 1998 and shall ensure that the rates reflect those costs.

4.  In determining rates commencing May 1, 2011, the Board shall set an off-peak period associated with the regulated price referred to as RPEMOFF in section 3.4 of the “Standard Supply Service Code”,

i.  that begins no later than 7 p.m. on every weekday and ends,

A.  no earlier than 7 a.m. on the next day if the next day is a weekday, or

B.  no earlier than 12 a.m. on the next day if the next day is Saturday, Sunday or a holiday, and

ii.  that begins no later than 12 a.m. on every Saturday, Sunday and holiday and ends no earlier than,

A.  12 a.m. on the next day, if the next day is Saturday, Sunday or a holiday, or

B.  7 a.m. on the next day if the next day is a weekday. O. Reg. 95/05, s. 6 (1); O. Reg. 494/10, s. 3 (1); O. Reg. 460/20, s. 1 (2, 3); O. Reg. 843/21, s. 2 (1).

(2) The times of day set out in subparagraphs 4 i and ii of subsection (1) are in central standard or daylight saving time or eastern standard or daylight saving time, whichever is then prevailing in the particular location in Ontario. O. Reg. 494/10, s. 3 (2).

(3) Despite paragraph 4 of subsection (1), the Board may set different off-peak periods for the purpose of such electricity price pilot projects as it specifies. O. Reg. 476/16, s. 1.

(4) The rules set out in subsection (1) respecting the determination of rates by the Board that apply on and after November 1, 2020 are subject to a requirement that the Board require distributors to permit consumers prescribed under subsection 4 (2) that would otherwise be charged time-of-use prices for electricity under section 3.4 of the Standard Supply Service Code to elect instead to be charged tiered prices for electricity under section 3.3 of that Code. O. Reg. 460/20, s. 1 (4).

(5) The exercise of the election described in subsection (4) is subject to any conditions that may be specified by the Board. O. Reg. 460/20, s. 1 (4).

(6) Despite subsection (1), for the period beginning on January 18, 2022 and ending on February 7, 2022, the Board shall determine each of the following regulated prices to be 8.2 cents per kilowatt hour, which is equal to the regulated price referred to as RPEMOFF in section 3.4 of the Standard Supply Service Code as determined by the Board to be effective for November 1, 2021:

1.  The regulated price referred to as RPCMT1 in section 3.3 of the Standard Supply Service Code.

2.  The regulated price referred to as RPCMT2 in section 3.3 of the Standard Supply Service Code.

3.  The regulated price referred to as RPEMOFF in section 3.4 of the Standard Supply Service Code.

4.  The regulated price referred to as RPEMMID in section 3.4 of the Standard Supply Service Code.

5.  The regulated price referred to as RPEMON in section 3.4 of the Standard Supply Service Code. O. Reg. 10/22, s. 1.

Exception, shorter time period for rates

6.1 (1) In this section and section 6.2,

“actual VAB” means the net balance in the RPP variance account at the end of a month, with a consumer debit balance being represented as a positive number and a consumer credit balance being represented as a negative number; (“SCE réel”)

“consumer credit balance” means a balance in the RPP variance account that represents a credit to consumers prescribed under subsection 4 (2); (“solde créditeur des consommateurs”)

“consumer debit balance” means a balance in the RPP variance account that is owed to the IESO by consumers prescribed under subsection 4 (2); (“solde débiteur des consommateurs”)

“expected VAB” means the expected balance in the RPP variance account at the end of a month, with an expected consumer debit balance being represented as a positive number and an expected consumer credit balance being represented as a negative number; (“SCE prévu”)

“forecast period” means,

(a)  in respect of rates determined by the Board that become effective at the beginning of a rate year, the rate year, and

(b)  in respect of rates determined by the Board that become effective at any time other than the beginning of a rate year, a 12-month period that commences on the effective date of those rates; (“période de prévision”)

“FTCRPP” means the total supply cost of electricity that the Board forecasts to be consumed during a forecast period by consumers to whom the rates determined in accordance with section 6 or 6.1 apply; (“CTPGTR”)

“RPP variance account” means the variance account established by the IESO pursuant to section 25.33 of the Electricity Act, 1998 in respect of consumers prescribed under subsection 4 (2) of this Regulation; (“compte d’écart de la GTR”)

“UVAB” means the unexpected variance account balance, calculated by taking the absolute value of the difference between actual VAB and expected VAB for the month. (“SCE non prévu”) O. Reg. 843/21, s. 3.

(2) Despite paragraph 2 of subsection 6 (1), the Board may determine separate rates for a shorter period of less than 12 months if, in any month in a rate year, the value of UVAB divided by FTCRPP is greater than 0.04. O. Reg. 843/21, s. 3.

(3) Any rate period that is determined in accordance with this section must end on October 31 of the current rate year. O. Reg. 843/21, s. 3.

(4) Paragraphs 1, 3 and 4 of subsection 6 (1) and subsections 6 (2) to (5) apply to the determination of rates under this section. O. Reg. 843/21, s. 3.

(5) Despite paragraph 2.1 of subsection 6 (1), the Board may determine rates in accordance with this section for any period that commences on or after January 1, 2022 and ends on October 31, 2022. O. Reg. 843/21, s. 3.

Publication of information

6.2 (1) The Board shall publish any rates determined in accordance with section 6 or 6.1 and make them available to the public before those rates come into effect. O. Reg. 843/21, s. 3.

(2) When the Board determines new rates in accordance with section 6 or 6.1, the Board shall,

(a)  determine the FTCRPP value for the forecast period in respect of the new rates and make the FTCRPP value available to the public before the new rates come into effect; and

(b)  determine the expected VAB amount at the end of each month in the forecast period and make the expected VAB amount available to the public before the new rates come into effect. O. Reg. 843/21, s. 3.

(2.1) Subsection (2) does not apply with respect to a determination made under subsection 6 (6). O. Reg. 10/22, s. 2.

(3) Every month, the Board shall publish the actual VAB amount for the previous month on its website. O. Reg. 843/21, s. 3.

Exemptions, s. 79.16

7. (1) Clause 79.16 (1) (b) of the Act does not apply to a consumer in respect of electricity retailed to the consumer by Fort Frances Power Corporation pursuant to its obligations under section 29 of the Electricity Act, 1998 for the volume of electricity supplied to Fort Frances Power Corporation by Abitibi-Consolidated Hydro Limited Partnership.  O. Reg. 494/10, s. 4 (1).

(2) Revoked:  O. Reg. 494/10, s. 4 (2).

(3) Subsection 79.16 (1) of the Act does not apply to a consumer with respect to generation station service.  O. Reg. 95/05, s. 7 (3).

Criteria for purpose of s. 79.16 (4) (b)

8. (1) For the purposes of clause 79.16 (4) (b) of the Act,

(a)  the criterion is that the consumer must file a written statement in accordance with clause 79.16 (4) (a) of the Act, if before November 1, 2009, the consumer is not a low-volume consumer or a consumer otherwise referred to in subsection 4 (2); or

(b)  the criteria are, if the consumer is a low-volume consumer or a consumer otherwise referred to in subsection 4 (2),

(i)  the consumer must file a written statement in accordance with clause 79.16 (4) (a) of the Act, and

(ii)  the statement must relate to a property for which an interval meter, that measures the amount of electricity used, is used for billing purposes.  O. Reg. 115/09, s. 2.

(2) A consumer who on or before March 31, 2005 meets the criteria of subsection 79.4 (2) of the Act shall be deemed to meet the criteria set out in subsection (1).  O. Reg. 95/05, s. 8 (2).

9. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 95/05, s. 9.

 

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