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Ontario Energy Board Act, 1998

ONTARIO REGULATION 90/99

Licence Requirements — Electricity Retailers and Gas Marketers

Consolidation Period: From February 8, 2017 to the e-Laws currency date.

Last amendment:  O. Reg. 33/17.

This is the English version of a bilingual regulation.

1. (1) In this Regulation,

“contract” means an agreement between a low-volume consumer and an electricity retailer for the provision of electricity or between a low-volume consumer and a gas marketer for the provision of gas; (“contrat”)

“electricity retailer” means a person who,

(a) sells or offers to sell electricity to a low-volume consumer,

(b) acts as the agent or broker for a seller of electricity to a low-volume consumer, or

(c) acts or offers to act as the agent or broker of a low-volume consumer in the purchase of electricity; (détaillant d’électricité”)

“gas marketer” means a person who,

(a) sells or offers to sell gas to a low-volume consumer,

(b) acts as the agent or broker for a seller of gas to a low-volume consumer, or

(c) acts or offers to act as the agent or broker of a low-volume consumer in the purchase of gas; (“agent de commercialisation de gaz”)

“low-volume consumer” means,

(a) in respect of electricity, a person who is a low-volume consumer of electricity under section 56 of the Act, or

(b) in respect of gas, a person who is a low-volume consumer of gas under section 47 of the Act. (“petit consommateur”) O. Reg. 90/99, s. 1; O. Reg. 390/10, s. 2 (1, 2).

(2) In this Regulation, a reference to meeting in person with a low-volume consumer includes soliciting, negotiating, entering into, amending, renewing or extending the term of a contract in person with a low-volume consumer.  O. Reg. 390/10, s. 2 (3).

2. (1) An applicant for the issuance or renewal of a licence that allows for the retailing of electricity or the marketing of gas to low-volume consumers must meet all of the following requirements:

1. Having regard to the financial position of the applicant, the applicant can reasonably be expected to be financially responsible in the conduct of business.

2. The past conduct of the applicant affords reasonable grounds for belief that the applicant will carry on business in accordance with law and with integrity and honesty.

3. If the applicant is a corporation, the past conduct of its officers and directors affords reasonable grounds for belief that its business will be carried on in accordance with law and with integrity and honesty.

4. The applicant is not carrying on activities that are, or will be, if the applicant is licensed, in contravention of the Act or the regulations or the codes, orders or rules issued or made by the Board.

5. If the applicant is an individual, the applicant is at least 18 years old.  O. Reg. 90/99, s. 2 (1); O. Reg. 390/10, s. 3.

(2) If a requirement prescribed by subsection (1) is not met, the issuance or renewal of the licence shall be refused.  O. Reg. 90/99, s. 2 (2).

3. For the purposes of clause 88.1 (1) (a) of the Act, a licence issued under Part IV of the Act to a gas marketer or under Part V of the Act to an electricity retailer contains the condition that the licensee not enter into, renew, amend or extend the term of a contract on or after January 1, 2011 until all of the following are satisfied:

1. The licensee has filed with the Board a certificate of compliance certifying the licensee’s compliance with the Energy Consumer Protection Act, 2010, the regulations made under that Act and any code, order or rule issued or made by the Board relating to the retailing of electricity or the marketing of gas to low-volume consumers.

2. The certificate of compliance has been completed in accordance with and contains the information required in a code, order or rule issued or made by the Board.

3. The certificate has been signed by such persons or members of such class of persons as required in a code, order or rule issued or made by the Board.

4. The licensee has received in writing from the Board an acknowledgement that the Board has received the certificate and that the certificate complies with the requirements of this section.  O. Reg. 390/10, s. 4.

4. For the purposes of clause 88.1 (1) (a) of the Act, a licence issued under Part IV of the Act to a gas marketer or under Part V of the Act to an electricity retailer contains the condition that the licensee comply with any applicable code, order or rule issued or made by the Board requiring the filing of subsequent certificates of compliance certifying the licensee’s compliance with the Energy Consumer Protection Act, 2010, the regulations made under that Act and any code, order or rule issued or made by the Board relating to the retailing of electricity or the marketing of gas to low-volume consumers.  O. Reg. 390/10, s. 4.

5. For the purposes of clause 88.1 (1) (a) of the Act, a licence issued under Part IV of the Act to a gas marketer or under Part V of the Act to an electricity retailer contains the condition that every person acting on behalf of the licensee shall, at every meeting in person with a low-volume consumer, offer to the low-volume consumer a business card that,

(a) is clear and legible;

(b) identifies the licensee;

(c) identifies the person acting on behalf of the licensee;

(d) includes the number of the licensee’s licence issued under the Act;

(e) includes the licensee’s toll-free telephone number, if any; and

(f) contains such further information and satisfies such other requirements as may be required in a code, order or rule issued or made by the Board.  O. Reg. 390/10, s. 4.

6. (1) For the purposes of clause 88.1 (1) (a) of the Act, a licence issued under Part IV of the Act to a gas marketer or under Part V of the Act to an electricity retailer contains the condition that the licensee shall issue a photo identification badge that satisfies the requirements set out in subsection (2) to every person who meets in person with a low-volume consumer while acting on behalf of the licensee.  O. Reg. 390/10, s. 4.

(2) The photo identification badge must,

(a) be clear and legible;

(b) be issued for a term not exceeding two years;

(c) include on its face,

(i) the name of the person and his or her title or position,

(ii) the name of the licensee,

(iii) a photo of the person’s face,

(iv) an identification number that applies to the person or the badge, and

(v) an expiry date that has not passed;

(d) if the licensee is a gas marketer, state on its face that the person is an employee of the licensee named on the badge and is not associated with any gas distributor or government;

(e) if the licensee is an electricity retailer, state on its face that the person is an employee of the licensee named on the badge and is not associated with any electricity distributor or government; and

(f) contain such further information and satisfy such additional requirements as may be required in a code, order or rule issued or made by the Board.  O. Reg. 390/10, s. 4.

(3) For the purposes of clause 88.1 (1) (a) of the Act, a licence issued under Part IV of the Act to a gas marketer or under Part V of the Act to an electricity retailer contains the condition that every person acting on behalf of the licensee shall, at all times when meeting in person with a low-volume consumer, prominently display an identification badge that satisfies the requirements set out in subsection (2).  O. Reg. 390/10, s. 4.

7. For the purposes of clause 88.1 (1) (a) of the Act, a licence issued under Part IV of the Act to a gas marketer or under Part V of the Act to an electricity retailer contains the condition that every person acting on behalf of the licensee shall, before meeting in person with a low-volume consumer or verifying a contract under Part II of the Energy Consumer Protection Act, 2010, successfully complete such training as may be required,

(a) by a code issued under section 70.1 of the Act if the licensee is an electricity retailer;

(b) by rules made by the Board under subsection 44 (1) of the Act if the licensee is a gas marketer;

(c) by an order of the Board; or

(d) by the conditions of a licence issued to the licensee by the Board.  O. Reg. 390/10, s. 4.

 

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