O. Reg. 95/05: CLASSES OF CONSUMERS AND DETERMINATION OF RATES

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

ONTARIO REGULATION 95/05

CLASSES OF CONSUMERS AND DETERMINATION OF RATES

Historical version for the period December 14, 2010 to December 31, 2010.

Last amendment: O. Reg. 494/10.

This Regulation is made in English only.

Definitions

1. In this Regulation,

“generation station service” has the same meaning as in the market rules;

Note: On January 1, 2011, the definition of “generation station service” is revoked and the following substituted:

“generation station service” means energy withdrawn from a distribution system or the IESO-controlled grid to power the on-site maintenance and operation of a generation facility;

See: O. Reg. 494/10, ss. 1 (1), 5.

Note: On January 1, 2011, section 1 is amended by adding the following definition:

“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;

See: O. Reg. 494/10, ss. 1 (2), 5.

“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. O. Reg. 95/05, s. 1.

Note: On January 1, 2011, section 1 is amended by adding the following definition:

“weekday” means any Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday.

See: O. Reg. 494/10, ss. 1 (2), 5.

2., 3. Revoked: O. Reg. 58/08, s. 1.

Class of consumers, s. 79.16

4. (1) Before November 1, 2009, the following are prescribed as the class of consumers for the purposes of subsection 79.16 (1) of the Act:

1. Designated consumers.

2. Low-volume consumers. O. Reg. 58/08, s. 1; O. Reg. 115/09, s. 1 (1).

Note: On January 1, 2011, subsection (1) is revoked. See: O. Reg. 494/10, ss. 2 (1), 5.

(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 and who is not otherwise eligible for treatment under clause 79.16 (1) (b) of the Act pursuant to a regulation made under the Act.

Note: On January 1, 2011, paragraph 4 is amended by striking out at the end “and who is not otherwise eligible for treatment under clause 79.16 (1) (b) of the Act pursuant to a regulation made under the Act”. See: O. Reg. 494/10, ss. 2 (2), 5.

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

i. the consumer carries on a farming business within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993,

ii. either the consumer holds a valid registration number assigned under the Farm Registration and Farm Organizations Funding Act, 1993 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, and

iii. the consumer is not otherwise eligible for treatment under clause 79.16 (1) (b) of the Act with respect to its farming business pursuant to a regulation made under the Act. O. Reg. 58/08, s. 1; O. Reg. 115/09, s. 1 (2).

Note: On January 1, 2011, paragraph 5 is revoked and the following substituted:

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.

See: O. Reg. 494/10, ss. 2 (3), 5.

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. (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 issued by the Board.

2. The first rates determined by the Board shall remain in effect for not less than 12 months. The Board shall determine separate rates after that time for periods of not more than 12 months or for such shorter time periods as the Minister may direct.

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. O. Reg. 95/05, s. 6 (1).

Note: On January 1, 2011, subsection (1) is amended by adding the following paragraph:

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 for Electricity Distributors” issued by the Board,

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.

See: O. Reg. 494/10, ss. 3 (1), 5.

(2) In making its forecast under paragraph 3 of subsection (1) for the purpose of determining its first rates, the Board shall take into account any potential rebate payment from Ontario Power Generation Inc. that results from Order-in-Council 207/2005, dated February 16, 2005. O. Reg. 95/05, s. 6 (2).

Note: On January 1, 2011, subsection (2) is revoked and the following substituted:

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

See: O. Reg. 494/10, ss. 3 (2), 5.

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 Distribution Inc. pursuant to its obligations under section 29 of the Electricity Act, 1998 for the volume of electricity supplied to Fort Frances Power Corporation Distribution Inc. by Abitibi-Consolidated Inc. O. Reg. 95/05, s. 7 (1).

Note: On January 1, 2011, subsection (1) is revoked and the following substituted:

(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).

See: O. Reg. 494/10, ss. 4 (1), 5.

(2) Clause 79.16 (1) (b) of the Act does not apply to a designated consumer described in paragraph 8 of subsection 1 (2) of Ontario Regulation 161/99 (Definitions and Exemptions) made under the Act for that portion of electricity consumption identified in the signed declaration provided to the distributor or retailer under clause 3.1.1 (4) (b) of Ontario Regulation 339/02 (Electricity Pricing) made under the Act as not relating to farming business. O. Reg. 95/05, s. 7 (2).

Note: On January 1, 2011, subsection (2) is revoked. See: O. Reg. 494/10, ss. 4 (2), 5.

(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.