O. Reg. 71/02: DEFINITIONS AND EXEMPTIONS

 

ontario regulation 71/02

made under the

Electricity Act, 1998

Made: March 6, 2002
Filed: March 11, 2002
Printed in The Ontario Gazette: March 30, 2002

Amending O. Reg. 160/99

(Definitions and Exemptions)

Note: Since the end of 2001, Ontario Regulation 160/99 has been amended by Ontario Regulation 19/02.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 19, 2002.

1. Subsection 2.0.1 (1) of Ontario Regulation 160/99 is amended by striking out “Subsection 26 (1) of the Act does not” at the beginning and substituting “Subsections 26 (1) and (6) of the Act do not”.

2. The Regulation is amended by adding the following sections:

2.4 (1) In this section and in section 2.5,

“First Nation” means a band as defined in the Indian Act (Canada), or a body of the aboriginal peoples of Canada who are treated by the Department of Indian Affairs and Northern Development (Canada) in the same manner as a body of the aboriginal peoples of Canada residing on a reserve as defined in the Indian Act (Canada).

(2) The following provisions of the Act do not apply to a distributor who meets the conditions set out in subsection (3), and who distributes electricity in a settlement or reserve listed in Schedule 1:

1. Section 26.

2. Subsections 29 (4) to (6).

(3) The distributor must meet the following conditions:

1. The distributor must be a First Nation, or a corporation that is solely owned by a First Nation.

2. The distribution system owned by the distributor must not be connected to the IMO-controlled grid.

3. The distributor must only distribute electricity within its geographic service territory as it existed on January 1, 2002.

2.5 (1) The following provisions of the Act do not apply to a distributor who meets the conditions set out in subsection (2), and who distributes electricity in a settlement or reserve listed in Schedule 2:

1. Section 26.

2. Subsections 29 (4) to (6).

(2) The distributor must meet the following conditions:

1. The distributor must be a First Nation, or a corporation that is solely owned by a First Nation.

2. The distributor must only distribute electricity within its geographic service territory as it existed on January 1, 2002.

2.6 Section 26 of the Act does not apply to Attawapiskat Power Corporation, Fort Albany Power Corporation or Kashechewan Power Corporation until May 1, 2004.

3. Section 4 of the Regulation is amended by adding the following subsections:

(2) Subsection 50 (4) of the Act does not apply to a subsidiary of the Services Corporation with respect to selling electricity to a person connected to its distribution system in accordance with section 29 of the Act.

(3) Subsection 50 (4) of the Act does not apply to a subsidiary of the Services Corporation with respect to generating electricity during,

(a) planned outages as defined in the market rules that have been approved by the IMO in accordance with the market rules;

(b) forced outages as defined in the market rules; or

(c) emergencies as defined in the market rules.

(4) Subsection (3) only applies,

(a) with respect to generating electricity with generation facilities that existed as of the day this subsection came into force; and

(b) if the electricity that is generated is sold at the rate for standard supply service approved for the subsidiary by the Ontario Energy Board.

4. The Regulation is amended by adding the following Schedules:

Schedule 1

 

Schedule 2

 

13/02