O. Reg. 436/22: DEFINITIONS AND PRESCRIBED PROVISIONS

Building Broadband Faster Act, 2021

ONTARIO REGULATION 436/22

DEFINITIONS AND PRESCRIBED PROVISIONS

Historical version for the period December 20, 2022 to December 31, 2022.

Last amendment: 585/22.

Legislative History: 585/22.

This is the English version of a bilingual regulation.

Definition

1. In this Regulation,

Note: On January 1, 2023, section 1 of the Regulation is amended by adding the following definition: (See: O. Reg. 585/22, s. 1)

“Board” has the same meaning as in the Ontario Energy Board Act, 1998; (“Commission”)

“Infrastructure Regulation” means Ontario Regulation 410/22 (Electricity Infrastructure - Designated Broadband Projects) made under the Ontario Energy Board Act, 1998.

“Actual cost”

2. For the purposes of the definition of “actual cost” in section 2 of the Act, the prescribed costs are the costs referred to in subsection 5 (7) of the Infrastructure Regulation, whether or not the proponent and the distributor or transmitter have agreed on the apportionment of those costs.

Prescribed requirement, s. 4 (1) of the Act

3. Compliance with the requirements of the Infrastructure Regulation is prescribed for the purposes of subsection 4 (1) of the Act.

Apportioning costs

4. For the purposes of clause 8 (2) (b) of the Act, the prescribed requirements are those set out in subsection 5 (7) of the Infrastructure Regulation.

5. Omitted (provides for coming into force of provisions of this Regulation).

Note: On January 1, 2023, section 5 of the Regulation is revoked and the following substituted: (See: O. Reg. 585/22, s. 2)

Modifying order, circumstances

5. For the purposes of subsection 6 (3) of the Act, the following are the prescribed circumstances when a notice issued in accordance with clause 4 (1) (a) of the Act may specify modifications to an order of the Board referred to in that clause and described in section 9 of the Infrastructure Regulation:

1.  The order of the Board includes or otherwise refers to a time period regarding a requirement under the Ontario Energy Board Act, 1998 or the Act with respect to when something must be done, and the notice will modify the order in order to reduce, increase or otherwise clarify the time period, subject to the conditions, if any, set out in the notice.

2.  The order of the Board does not refer to a time period regarding a requirement described in paragraph 1 and the notice will modify the order in order to set a time period, subject to the conditions, if any, set out in the notice. O. Reg. 585/22, s. 2.

Compensation

6. The Infrastructure Regulation is prescribed for the purposes of subsection 26 (7) of the Act, in respect of the compensation, if any, that is included in an order of the Board described in section 9 of that Regulation. O. Reg. 585/22, s. 2.