ELECTRICITY RETAILING - DISCLOSURE TO CONSUMERS

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

ONTARIO REGULATION 416/99

ELECTRICITY RETAILING — DISCLOSURE TO CONSUMERS

Consolidation Period: From August 19, 1999 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

1. In this Regulation,

“alternative power source” means biomass, solar energy, wind energy or waste;

“biomass” means biological materials, including gases generated from the decomposition of biological material;

“electricity product” means electricity that a retailer retails;

“electricity supply mix” means, for an electricity product, the combination of power sources used to generate the product;

“power source” means the fuel or process used to generate electricity;

“solar energy” means solar radiation or thermal energy produced from solar radiation;

“system-wide electricity supply mix” means the combination of power sources used to generate the electricity consumed in Ontario;

“waste” includes garbage, refuse, domestic waste, industrial waste and municipal refuse, but does not include biomass. O. Reg. 416/99, s. 1.

2. (1) A retailer that retails an electricity product to a consumer shall disclose to the consumer the system-wide electricity supply mix. O. Reg. 416/99, s. 2 (1).

(2) A retailer that retails an electricity product to a consumer shall also disclose to the consumer the electricity supply mix of the product if, for the purpose of retailing the product,

(a) the retailer makes any statement that contains a reference to the type of power source or the nature of the power source that is used to generate the product;

(b) the retailer makes any statement that contains a reference to a type of power source or the nature of a power source that is not used to generate the product;

(c) the retailer makes any statement that contains a reference to the product or the use of the product having an environmental effect; or

(d) the retailer makes any statement that contains a reference to a generation facility that generates some or all of the product. O. Reg. 416/99, s. 2 (2).

(3) A statement disclosing the system-wide electricity supply mix shall be deemed not to be a statement referred to in clause (2) (a), (b), (c) or (d). O. Reg. 416/99, s. 2 (3).

(4) Subject to this Regulation, the Board may establish the manner in which information referred to in subsections (1) and (2) shall be disclosed and the time periods within which the information shall be disclosed, and retailers shall disclose the information in the manner and within the time periods established by the Board. O. Reg. 416/99, s. 2 (4).

(5) A retailer that discloses the system-wide electricity supply mix under subsection (1) shall do so in a manner established by the Board that indicates, for each power source or group of power sources referred to in subsection (7), the percentage of the electricity consumed in Ontario that is generated by means of that power source or group of power sources, as determined by the Ministry of Energy, Science and Technology. O. Reg. 416/99, s. 2 (5).

(6) A retailer that discloses the electricity supply mix for an electricity product under subsection (2) shall do so in a manner established by the Board that indicates, for each power source or group of power sources referred to in subsection (7), the percentage of the product that the retailer projects will be generated during a 12-month period by means of that power source or group of power sources. O. Reg. 416/99, s. 2 (6).

(7) The power sources and groups of power sources referred to in subsections (5) and (6) are the following:

1. Water power.

2. Alternative power sources.

3. Nuclear energy.

4. Natural gas.

5. Coal or oil. O. Reg. 416/99, s. 2 (7).

(8) Despite paragraph 2 of subsection (7), if some or all of an electricity product will be generated by an alternative power source, a retailer to which subsection (6) applies may disclose the electricity supply mix for the product in a manner established by the Board that specifically identifies that power source and indicates the percentage of the product that the retailer projects will be generated during the 12-month period by that power source. O. Reg. 416/99, s. 2 (8).