O. Reg. 216/22: GENERAL
filed March 15, 2022 under Ontario Rebate for Electricity Consumers Act, 2016, S.O. 2016, c. 19
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made under the
Ontario Rebate for Electricity Consumers Act, 2016
Made: March 10, 2022
Filed: March 15, 2022
Published on e-Laws: March 16, 2022
Printed in The Ontario Gazette: April 2, 2022
Amending O. Reg. 363/16
(GENERAL)
1. (1) Subsection 1 (1) of Ontario Regulation 363/16 is amended by adding the following definitions:
“common elements”, in respect of a multi-unit complex, means any part of the multi-unit complex that is not a unit; (“parties communes”)
“long-term care home” means a long-term care home within the meaning of the Long-Term Care Homes Act, 2007; (“foyer de soins de longue durée”)
“mobile home park” means a mobile home park as defined in the Residential Tenancies Act, 2006; (“parc de maisons mobiles”)
“retirement residence” means a multi-unit complex that meets the following requirements but is not a long-term care home:
1. At least 50 per cent of the units in the multi-unit complex are occupied or intended to be occupied as a permanent residence by at least one person who is 65 years of age or older and who is not related to the operator of the multi-unit complex.
2. The total number of persons referred to in paragraph 1 who occupy or are intended to occupy the total number of units described in that paragraph is at least six. (“résidence pour personnes retraitées”)
(2) The definition of “long-term care home”, as made by subsection (1), is amended by striking out “Long-Term Care Homes Act, 2007” at the end and substituting “Fixing Long-Term Care Act, 2021”.
(3) The definition of “unit” in subsection 1 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
“unit” means, subject to subsection (1.1),
. . . . .
(4) Section 1 of the Regulation is amended by adding the following subsection:
(1.1) For the purposes of this Regulation, a unit, as defined in subsection (1), does not include a unit that is used or intended for parking or storage purposes or for the purpose of providing space for services, recreation or other facilities or mechanical installations.
(5) Subsection 1 (5) of the Regulation is amended by striking out “If” at the beginning and substituting “Except where this Regulation provides otherwise, if”.
2. (1) Paragraph 4 of subsection 1.1 (1) of the Regulation is amended by striking out “Long-Term Care Homes Act, 2007” and substituting “Fixing Long-Term Care Act, 2021”.
(2) Paragraph 4 of subsection 1.1 (1) of the Regulation is revoked and the following substituted:
4. The account is in respect of a long-term care home, other than an account that is also in respect of a hospital.
(3) Subsection 1.1 (1) of the Regulation is amended by adding the following paragraph:
4.1 Subject to subsection (2), the account is solely in respect of any of the following premises, if the consumer exceeds the demand and use thresholds set out in paragraphs 1 and 2 and has met the notice requirements of section 1.3:
i. A retirement residence.
ii. A mobile home park.
(4) Paragraph 5 of subsection 1.1 (1) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:
5. Subject to subsection (2), the account is solely in respect of a multi-unit complex that is not otherwise referred to in this subsection, and the following conditions are met:
. . . . .
(5) Subsection 1.1 (1) of the Regulation is amended by adding the following paragraph:
6. Subject to subsection (2), the account is at least partly in respect of any common elements of a multi-unit complex but is not an account otherwise referred to in this subsection, and the following conditions are met:
i. The consumer exceeds the demand and use thresholds set out in paragraphs 1 and 2.
ii. The multi-unit complex, including any part of the multi-unit complex to which the account does not apply, contains at least two qualifying units.
iii. At least 50 per cent of the units within the multi-unit complex, including any part of the multi-unit complex to which the account does not apply, are qualifying units.
iv. The consumer has met the notice requirements of section 1.3.
(6) Subsection 1.1 (2) of the Regulation is amended by striking out “Paragraph 5 of subsection (1) does not include” at the beginning and substituting “Paragraphs 4.1, 5 and 6 of subsection (1) do not include”.
(7) Paragraph 1 of subsection 1.1 (2) of the Regulation is amended by striking out “trailer park”.
(8) Subsection 1.1 (2) of the Regulation is amended by adding the following paragraph:
1.1 A trailer park that is not a mobile home park.
(9) Subsection 1.1 (4) of the Regulation is revoked.
3. (1) Subsection 1.3 (1) of the Regulation is amended by striking out “paragraph 5” and substituting “paragraph 4.1, 5 or 6”.
(2) Paragraph 2 of subsection 1.3 (3) of the Regulation is revoked and the following substituted:
2. The following statement:
i. In the case of paragraph 4.1 of subsection 1.1 (1), a statement that,
A. the consumer’s account is solely in respect of a retirement residence or mobile home park, as the case may be, that meets the conditions set out in that paragraph, and
B. no part of the premises is a premises listed under subsection 1.1 (2).
ii. In the case of paragraph 5 of subsection 1.1 (1), a statement that,
A. the consumer’s account is solely in respect of a multi-unit complex that is not otherwise referred to in that subsection,
B. the multi-unit complex meets the conditions set out in subparagraphs 5 ii and iii of that subsection, and
C. no part of the multi-unit complex is a premises listed under subsection 1.1 (2).
iii. In the case of paragraph 6 of subsection 1.1 (1), a statement that,
A. the consumer’s account is at least partly in respect of any common elements of a multi-unit complex but is not an account otherwise referred to in that subsection,
B. the multi-unit complex, including any part of the multi-unit complex to which the account does not apply, meets the conditions set out in subparagraphs 6 ii and iii of that subsection, and
C. no part of the multi-unit complex is a premises listed under subsection 1.1 (2).
(3) Subsection 1.3 (6) of the Regulation is amended by striking out “paragraph 5” and substituting “paragraph 4.1, 5 or 6”.
Commencement
4. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Subsections 1 (1), (3), (4) and (5), 2 (2) to (9) and section 3 come into force on the later of July 1, 2022 and the day this Regulation is filed.
(3) Subsection 1 (2) comes into force on the latest of the following days:
1. July 1, 2022.
2. The day section 204 of Schedule 1 to the Providing More Care, Protecting Seniors, and Building More Beds Act, 2021 comes into force.
3. The day this Regulation is filed.
(4) Subsection 2 (1) comes into force on the later of the day section 204 of Schedule 1 to the Providing More Care, Protecting Seniors, and Building More Beds Act, 2021 comes into force and the day this Regulation is filed.