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ontario regulation 197/12

made under the

ontario clean energy benefit act, 2010

Made: June 27, 2012
Filed: June 29, 2012
Published on e-Laws: June 29, 2012
Printed in The Ontario Gazette: July 14, 2012

Amending O. Reg. 495/10

(general)

1. Subsection 1 (1) of Ontario Regulation 495/10 is amended by adding the following definition:

“multi-unit complex” means,

(a) a residential complex as defined in subsection 2 (1) of the Residential Tenancies Act, 2006, or

(b) a building or related group of buildings in which two or more of any of the following are located:

(i) a member unit or non-member unit as defined in subsection 1 (1) of the Co-operative Corporations Act,

(ii) a premises that is a demised premises within the meaning of the Commercial Tenancies Act,

(iii) a unit as defined in subsection 1 (1) of the Condominium Act, 1998, or

(iv) a rental unit or residential unit as defined in subsection 2 (1) of the Residential Tenancies Act, 2006.

2. Subsection 2 (4) of the Regulation is amended by striking out “Sections 3, 6 and 7” at the beginning and substituting “Sections 3, 3.1, 3.2, 6 and 7”.

3. (1) Paragraph 1 of subsection 3 (1) of the Regulation is amended by striking out “Dubreuil Forest Products” and substituting “Dubreuil Lumber Inc.”.

(2) Paragraph 4 of subsection 3 (1) of the Regulation is amended by striking out “Dubreuil Forest Products Limited” in the portion before subparagraph i and substituting “Dubreuil Lumber Inc.”.

(3) Subsection 3 (3) of the Regulation is revoked and the following substituted:

(3) An electricity vendor may make a reasonable estimate of,

(a) the volume of electricity used by a consumer during a portion of a billing period; and

(b) the portion of an amount that relates to electricity consumption during a portion of a billing period.

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

Maximum financial assistance — s. 4 (1.1) of the Act

3.1 (1) The maximum amount of financial assistance to which a consumer is entitled in respect of an eligible account for a billing period is the amount calculated under this section.

(2) For any billing period that begins on or after September 1, 2012 and ends before January 1, 2016, the maximum amount of financial assistance is calculated using the formula,

A × B × C

in which,

  “A” is 10 per cent,

  “B” is the base invoice amount in respect of the eligible account for the billing period, as determined under subsection 3 (1), and

  “C” is the lesser of 1 and the amount calculated using the formula,

D/E

in which,

“D” is the maximum number of kilowatt hours for the billing period, as described in subsection (5),

“E” is the number of kilowatt hours of electricity used to determine the commodity price of electricity for the billing period, without any adjustment for total losses as defined in the Retail Settlement Code.

(3) For a billing period that begins before September 1, 2012 and ends on or after that date, the maximum amount of financial assistance is calculated as follows:

1. Apportion the base invoice amount for the billing period, as determined under subsection 3 (1), between the portion of the billing period that falls before September 1, 2012 and the remaining portion of the billing period.

2. Calculate the financial assistance for the portion of the billing period that falls before September 1, 2012 by multiplying the base invoice amount for that portion of the billing period by 10 per cent.

3. Calculate the maximum amount of financial assistance for the remaining portion of the billing period in accordance with subsection (2).  However, for the purposes of the definitions of “D” and “E” in that subsection, the references to the billing period shall be read as if they referred only to that portion of the billing period that falls on or after September 1, 2012.

4. Add the amounts calculated under paragraphs 1 and 2.  The sum of those amounts is the maximum amount of financial assistance to which the consumer is entitled in respect of the eligible account for the billing period.

(4) For a billing period that begins before January 1, 2016 and ends on or after that date, the maximum amount of financial assistance is calculated as follows:

1. Apportion the base invoice amount for the billing period, as determined under subsection 3 (1), between the portion of the billing period that falls before January 1, 2016 and the remaining portion of the billing period.

2. Calculate the maximum amount of financial assistance for the portion of the billing period that falls before January 1, 2016 in accordance with subsection (2).  However, for the purposes of the definitions of “D” and “E” in that subsection, the references to the billing period shall be read as if they referred only to the portion of the billing period that falls before January 1, 2016.

3. The amount calculated under paragraph 2 is the maximum amount of financial assistance to which the consumer is entitled in respect of the eligible account for the billing period.

(5) For the purposes of the definition of “D” in subsection (2), the following is the maximum number of kilowatt hours for a billing period:

1. For a billing period that is one month, as defined in subsection (6), it is 3,000 kilowatt hours.  For a multi-unit complex with an eligible account that relates to more than one unit, it is 3,000 kilowatt hours multiplied by the number of units included in the eligible account.

2. For a billing period other than one month, as defined in subsection (6), it is a proportionate number of kilowatt hours, based on the number described in paragraph 1.

(6) In subsection (5),

“month” means,

(a) in relation to an eligible account with a licensed distributor, the period for which the licensed distributor assesses any monthly charge approved by the Board, and

(b) in relation to an eligible account with an electricity vendor other than a licensed distributor, a calendar month.

(7) For the purposes of this section, the number of units in a multi-unit complex is determined as follows:

1. If, before July 1, 2016, the consumer gives written notice to the electricity vendor stating the number of units in the multi-unit complex, the number of units is the number stated in the notice.

2. If the electricity vendor does not receive the written notice described in paragraph 1, the number of units in the multi-unit complex is deemed to be one.

3. If the multi-unit complex contains units with unit smart meters (within the meaning of the Energy Consumer Protection Act, 2010), those units are deemed not to be part of the multi-unit complex.

(8) Subsection 3 (3) applies with respect to the apportionment of the base invoice amount under subsections (3) and (4).

Exemption re maximum financial assistance

3.2 (1) This section applies to a consumer in respect of an eligible account if all of the following circumstances exist:

1. A person who resides in the premises to which the eligible account relates uses medical equipment which requires electricity for its operation.

2. A health practitioner prescribed the use of the medical equipment by the user referred to in paragraph 1.

3. The cost, or a portion of the cost, of the electricity used for the operation of the medical equipment is included in the calculation of the base invoice amount for the consumer’s eligible account.

4. The consumer gives the written notice described in subsection (4) to the electricity vendor for the eligible account before July 1, 2016.

(2) However, this section does not apply in respect of an eligible account for a multi-unit complex if the eligible account relates to more than one unit.

(3) Subsection 4 (1.1) of the Act does not apply, and the consumer’s eligibility for financial assistance in respect of the eligible account is not restricted to the maximum amount calculated under section 3.1, for any billing period in which all of the following circumstances exist:

1. On the first day of the billing period, the user of the medical equipment resides at the premises to which the eligible account relates.

2. On the first day of the billing period, the medical equipment is being used by the user.

3. The cost, or a portion of the cost, of the electricity used for the operation of the medical equipment during the billing period is included in the calculation of the base invoice amount for the eligible account.

(4) The written notice to be given to the electricity vendor by the consumer with respect to the eligible account must contain the following information and statements:

1. The consumer’s name and address and the account number of the eligible account.

2. A statement that medical equipment prescribed by a health practitioner for use by a specified person is used by that person, that electricity is required for the operation of the medical equipment and that the cost, or a portion of the cost, of the electricity is included in the calculation of the base invoice amount for the eligible account.

3. The name of the person who uses the medical equipment.

4. The date on which he or she began to use the medical equipment at those premises, if the date falls on or after September 1, 2012.

5. A statement that the consumer will notify the electricity vendor if the person who uses the medical equipment at those premises either ceases to use the medical equipment there or ceases to reside there.  If either of these events has already occurred when the written notice is given to the electricity vendor, the notice must include the date on which it occurred.

6. A statement, on which the name of the person who uses the medical equipment is printed clearly, that is signed by him or her in acknowledgment that,

i. he or she consents to the collection by the electricity vendor of the information contained in the notice for the purpose of determining whether the consumer qualifies for the exemption under subsection (3) for a billing period and for the purpose of providing the exemption, and

ii. he or she consents to the disclosure by the electricity vendor of the fact that the consumer is eligible for the exemption under subsection (3) for a billing period if the disclosure is reasonably necessary for the purpose of providing the exemption.

(5) In this section,

“health practitioner” means a member in good standing of a health profession listed in Schedule 1 to the Regulated Health Professions Act, 1991;

“medical equipment” means any equipment or device prescribed by a health practitioner for use.

5. (1) Paragraph 1 of subsection 6 (1) of the Regulation is amended by striking out “labelled “Ontario Clean Energy Benefit (-10%)”” at the end and substituting “and, if required by the Minister, it must be labelled as specified by the Minister”.

(2) Paragraph 2 of subsection 6 (2) of the Regulation is amended by striking out  “labelled “Ontario Clean Energy Benefit (-10%)”” at the end and substituting “and, if required by the Minister, it must be labelled as specified by the Minister”.

(3) Section 6 of the Regulation is amended by adding the following subsection:

(4.1) The issuer of an invoice that includes a credit for financial assistance shall, if requested by the person liable to pay the invoice, explain how the amount of the financial assistance on the invoice has been calculated.

6. Section 14 of the Regulation is amended by striking out “Dubreuil Forest Products Limited” and substituting “Dubreuil Lumber Inc.”.

Commencement

7. This Regulation comes into force on the later of the following days:

1. September 1, 2012.

2. The day on which subsection 1 (2) of Schedule 38 to the Strong Action for Ontario Act (Budget Measures), 2012 comes into force.