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Ontario Rebate for Electricity Consumers Act, 2016
Loi de 2016 sur la remise de l'Ontario pour les consommateurs d'électricité

ONTARIO REGULATION 364/16

INVOICING REQUIREMENTS

Historical version for the period September 13, 2019 to October 31, 2019.

Last amendment: 310/19.

Legislative History: 166/17, 310/19.

This Regulation is made in English only.

Definitions

1. In this Regulation,

“financial assistance” has the same meaning as in Ontario Regulation 363/16;

“Minister” means the Minister of Energy. O. Reg. 364/16, s. 1; O. Reg. 166/17, s. 1.

Note: On November 1, 2019, the day subsection 5 (3) of Schedule 4 to the Fixing the Hydro Mess Act, 2019 comes into force, the definition of “Minister” in section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 310/19, s. 1)

“Minister” means the Minister of Energy, Northern Development and Mines.

Invoices – electricity vendors

2. (1) Subject to section 4, the following rules apply in the case of an invoice issued by an electricity vendor for a billing period in respect of an eligible account, commencing with the first invoice with respect to a period in which financial assistance is provided:

1. The total amount of the credited financial assistance for the billing period and, if applicable, the amount of any credits for financial assistance for previous billing periods that were not provided in previous billing periods, must be clearly shown as a line item on the face of the invoice at an appropriate location below the itemized charges for electricity, delivery, regulatory charges, debt retirement charge and harmonized sales tax and below any line item related to financial assistance under the Ontario Electricity Support Program, but above the net amount of the invoice after deducting the credit.

2. The line item must be displayed no less prominently than the itemized charges referred to in paragraph 1.

3. The credit must be labelled as follows: “8% Provincial Rebate”.

Note: On November 1, 2019, the day subsection 5 (3) of Schedule 4 to the Fixing the Hydro Mess Act, 2019 comes into force, paragraph 3 of subsection 2 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 310/19, s. 2)

3. The credit must be labelled as follows: “Ontario Electricity Rebate”.

4.-6. Revoked: O. Reg. 166/17, s. 2 (2).

O. Reg. 364/16, s. 2 (1); O. Reg. 166/17, s. 2 (1, 2).

(2) Revoked: O. Reg. 166/17, s. 2 (3).

(3) Where the invoice is presented in French, any requirement as to wording stipulated in the rules under subsection (1) may be met by using the equivalent wording in French.

Invoices – unit sub-meter providers

3. (1) Subject to section 4, the following rules apply in the case of an invoice issued to a person by a unit sub-meter provider who provides unit sub-metering for a consumer to whom subsection 3 (7) of the Act applies, commencing with the first invoice with respect to a period in which financial assistance is provided:

1. The invoice must clearly show, as a line item on the face of the invoice at an appropriate location below the itemized charges for electricity, delivery, regulatory charges, debt retirement charge and harmonized sales tax, and below any line item related to financial assistance under the Ontario Electricity Support Program, but above the total amount payable on the invoice,

i. a credit equal to the sum of,

A. the amount of the credit to which the person is entitled in respect of the financial assistance to which the consumer is entitled under the Act or a regulation made under the Act for the period to which the invoice relates,

B. the amount of financial assistance to which the person is entitled for that period under the Act or a regulation made under the Act in respect of any fees and charges for unit sub-metering, and

C. the amount of any credits to which the person was entitled for previous invoice periods that were not provided in previous invoices, and

ii. the net amount of the invoice after deducting the credit.

2. The line item must be displayed no less prominently than the itemized charges referred to in paragraph 1.

3. The credit must be labelled as follows: “8% Provincial Rebate”.

Note: On November 1, 2019, the day subsection 5 (3) of Schedule 4 to the Fixing the Hydro Mess Act, 2019 comes into force, paragraph 3 of subsection 3 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 310/19, s. 3)

3. The credit must be labelled as follows: “Ontario Electricity Rebate”.

4.-6. Revoked: O. Reg. 166/17, s. 3 (2).

O. Reg. 364/16, s. 3 (1); O. Reg. 166/17, s. 3.

(2) Where the invoice is presented in French, any requirement as to wording stipulated in the rules under subsection (1) may be met by using the equivalent wording in French.

Alternatives authorized by Minister

4. (1) If the Minister is satisfied that, for technical or operational reasons, it would be impossible, impractical or unreasonably difficult for an electricity vendor or a unit sub-meter provider to use on its invoices the wording required by this Regulation or to follow an invoicing process required by this Regulation, and if the Minister is satisfied that using different wording specified by the Minister or following a different invoicing process specified by the Minister would also promote the purposes of the requirement, the Minister may give the electricity vendor or unit sub-meter provider a written notice so stating. O. Reg. 364/16, s. 4 (1); O. Reg. 166/17, s. 4.

(2) If an electricity vendor or unit sub-meter provider receives a notice from the Minister under subsection (1), it shall use on its invoices the wording specified in the Minister’s notice and shall follow the invoicing process specified in the Minister’s notice instead of the wording or invoicing process otherwise required under this Regulation.

Note: On November 1, 2019, the day subsection 5 (3) of Schedule 4 to the Fixing the Hydro Mess Act, 2019 comes into force, section 4 of the Regulation is revoked and the following substituted: (See: O. Reg. 310/19, s. 4)

Alternative invoicing requirement authorized by Minister

4. (1) If any of the following circumstances apply, the Minister may, on the request of an electricity vendor or a unit sub-meter provider who issues invoices, give notice in writing to the person, specifying an alternative invoicing requirement to an invoicing requirement set out in this Regulation:

1. The Minister is satisfied that, for technical or operational reasons, it would be impossible, impractical or unreasonably difficult for the electricity vendor or unit sub-meter provider to comply with an invoicing requirement set out in this Regulation.

2. The Minister is satisfied that, on the basis of an electricity vendor or unit sub-meter provider’s assessment of the preferences of its consumers, an alternative invoicing requirement is warranted. O. Reg. 310/19, s. 4.

(2) The alternative invoicing requirement specified in the notice must, in the opinion of the Minister, promote the purposes of the invoicing requirement for which the alternative is being specified. O. Reg. 310/19, s. 4.

(3) If the Minister is satisfied that the alternative invoicing requirement specified in the notice may be used in a circumstance described in subsection (1) by other electricity vendors or unit sub-meter providers who issue invoices, the Minister may give a copy of the notice to the Board and set out the circumstances in which the alternative invoicing requirement specified in the notice may be applied by electricity vendors or unit sub-meter providers who issue invoices. O. Reg. 310/19, s. 4.

(4) The Board shall notify all electricity vendors and unit sub-meter providers who issue invoices of the alternative invoicing requirement it receives from the Minister and the circumstances in which the alternative invoicing requirement may be applied. O. Reg. 310/19, s. 4.

(5) If an electricity vendor or unit sub-meter provider who issues invoices receives notice from the Minister under subsection (1), it shall comply with the alternative invoicing requirement specified in the notice instead of the relevant requirement set out in this Regulation. O. Reg. 310/19, s. 4.

(6) A person who receives a notification under subsection (3) may, in the circumstances set out in the notification, comply with the invoicing requirement set out in the notification instead of the relevant requirement set out in this Regulation. O. Reg. 310/19, s. 4.

5.-7. Revoked: O. Reg. 166/17, s. 5.

Note: On November 1, 2019, the day subsection 5 (3) of Schedule 4 to the Fixing the Hydro Mess Act, 2019 comes into force, the Regulation is amended by adding the following section: (See: O. Reg. 310/19, s. 5)

Transition

5. Despite subsections 2 (1) and 3 (1), an electricity vendor or unit sub-meter provider may, if the invoice is issued on or before January 31, 2020, make the following adjustments:

1. The credit may be labelled as “Provincial Rebate” instead of “Ontario Electricity Rebate”.

2. If the invoice is issued for a billing period that includes days in both October and November 2019, the credit may be shown as two line items on the face of the invoice as follows:

i. The first line item shall be in respect of the portion of the billing period in October 2019, labelled “8% Provincial Rebate”.

ii. The second line item shall be in respect of the portion of the billing period in November 2019, labelled “Provincial Rebate” or “Ontario Electricity Rebate”. O. Reg. 310/19, s. 5.

Schedule Revoked: O. Reg. 166/17, s. 6.