O. Reg. 60/23: ELECTRICITY INFRASTRUCTURE - DESIGNATED BROADBAND PROJECTS
filed March 28, 2023 under Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B
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made under the
Ontario Energy Board Act, 1998
Made: March 23, 2023
Filed: March 28, 2023
Published on e-Laws: March 28, 2023
Printed in The Ontario Gazette: April 15, 2023
Amending O. Reg. 410/22
(ELECTRICITY INFRASTRUCTURE - DESIGNATED BROADBAND PROJECTS)
1. (1) Subsection 5 (2) of Ontario Regulation 410/22 is revoked and the following substituted:
(2) The following time is specified for the purposes of subsection (1):
1. If the licensed distributor receives the notice before January 1, 2025, the earlier of July 1, 2025 and,
i. 110 days after receiving the notice, if the development, use or access involves fewer than 30 distribution poles,
ii. 145 days after receiving the notice, if the development, use or access involves 30 to 59 distribution poles,
iii. 215 days after receiving the notice, if the development, use or access involves 60 to 200 distribution poles, and
iv. if the development, use or access involves more than 200 distribution poles, the time period referred to in subparagraph iii plus one day for every additional dozen or fewer poles.
2. If the licensed distributor receives the notice on or after January 1, 2025, 180 days after receiving the notice.
(2) Subsection 5 (3) of the Regulation is amended by adding “paragraph 1 of” before “subsection (2)”.
(3) Section 5 of the Regulation is amended by adding the following subsections:
(6.1) The licensed distributor shall notify the proponent no later than 10 days after receiving a notice under section 2 as to which of the activities listed under subsection (5) it intends to conduct or allow.
(6.2) If a licensed distributor fails to meet the requirements of subsection (6.1), the licensed distributor may only choose to conduct work in accordance with paragraph 1 of subsection (5) with the proponent’s consent.
2. Clause 6 (1) (a) of the Regulation is amended by striking out “or” at the end of subclause (iv), by adding “or” at the end of subclause (v) and by adding the following subclause:
(vi) if the applicable time is July 1, 2025 or 180 days after receiving notice under section 2, the insufficiency of that time;
3. Section 7 of the Regulation is revoked and the following substituted:
Effect of notice on counting of days
7. (1) This section applies only if the licensed distributor receives notice under section 2 before January 1, 2025.
(2) If the licensed distributor provides notice of a material deficiency under subsection 6 (2), the counting of days for the purposes of subparagraphs 1 i to iv of subsection 5 (2) is stopped as of the day before the day on which the notice is given.
(3) If the notice is with respect to a material deficiency referred to in clause 6 (1) (b), the requirements of subsection 5 (5) do not apply to the licensed distributor while the counting of days is stopped.
(4) The counting of days resumes on the following date, as applicable:
1. On the day after the day on which the material deficiency is resolved in accordance with the notice provided by the licensed distributor under subsection 6 (2).
2. On a date agreed to by the proponent and the licensed distributor, which may include the date specified in an alternative proposal referred to in subsection 8 (3).
3. On the date specified by the Board in an order under section 9.
4. (1) Clause 8 (4) (b) of the Regulation is revoked and the following substituted:
(b) if section 7 applies, the date by which, in the proponent’s opinion, the counting of days could resume.
(2) Section 8 of the Regulation is amended by adding the following subsection:
(6) If a licensed distributor who gave notice of a material deficiency referred to in subclause 6 (1) (a) (vi) rejects the proponent’s assertion under subsection (2), rejects an alternative proposal under subsection (3) or is deemed to have done either under subsection (5) with respect to that material deficiency,
(a) the applicable time under subsection 5 (2) is extended by 30 days;
(b) the material deficiency is deemed to be resolved; and
(c) the distributor shall not, despite subsection 6 (2), give another notice under that subsection in respect of the specified prescribed development, use or access.
Commencement
5. This Regulation comes into force on the day it is filed.