O. Reg. 364/16: INVOICING REQUIREMENTS, Filed November 18, 2016 under Ontario Rebate for Electricity Consumers Act, 2016, S.O. 2016, c. 19

 

ontario regulation 364/16

made under the

Ontario Rebate for Electricity Consumers Act, 2016

Made: November 4, 2016
Filed: November 18, 2016
Published on e-Laws: November 18, 2016
Printed in The Ontario Gazette: December 3, 2016

INvoicing requirements

Definitions

1. In this Regulation,

“financial assistance” has the same meaning as in 363/16;

“Minister” means the Minister of Energy;

“remote unlicensed distributor” has the same meaning as in section 16 of 363/16.

Invoices – electricity vendors

2. (1) Subject to subsection (2) and sections 4 and 5, the following rules apply in the case of an invoice issued by an electricity vendor for a billing period in respect of an eligible account, commencing with the first invoice with respect to a period in which financial assistance is provided:

1. The total amount of the credited financial assistance for the billing period and, if applicable, the amount of any credits for financial assistance for previous billing periods that were not provided in previous billing periods, must be clearly shown as a line item on the face of the invoice at an appropriate location below the itemized charges for electricity, delivery, regulatory charges, debt retirement charge and harmonized sales tax and below any line item related to financial assistance under the Ontario Electricity Support Program, but above the net amount of the invoice after deducting the credit.

2. The line item must be displayed no less prominently than the itemized charges referred to in paragraph 1.

3. The credit must be labelled as follows: “8% Provincial Rebate”.

4. The invoice must set out, in a location where conservation or other utility messages to consumers are usually placed, the following statement: “The Ontario government is providing a rebate on your electricity costs equal to the provincial portion of HST”.

5. Where the invoice is provided in paper form, the envelope that contains the invoice must,

i. set out the following statement in an appropriate location on the face of the envelope: “Ontario is helping reduce electricity costs for families, businesses and farms”, and

ii. include, in a reasonably prominent location on the face of the envelope, in a reasonably prominent font size, the words “8% Provincial Rebate”.

6. Where the invoice is provided in paper form, the invoice must be accompanied by a bill insert that meets the requirements of the Schedule.

(2) Paragraphs 4 to 6 of subsection (1) do not apply to remote unlicensed distributors.

(3) Where the invoice is presented in French, any requirement as to wording stipulated in the rules under subsection (1) may be met by using the equivalent wording in French.

Invoices – unit sub-meter providers

3. (1) Subject to sections 4 and 5, the following rules apply in the case of an invoice issued to a person by a unit sub-meter provider who provides unit sub-metering for a consumer to whom subsection 3 (7) of the Act applies, commencing with the first invoice with respect to a period in which financial assistance is provided:

1. The invoice must clearly show, as a line item on the face of the invoice at an appropriate location below the itemized charges for electricity, delivery, regulatory charges, debt retirement charge and harmonized sales tax, and below any line item related to financial assistance under the Ontario Electricity Support Program, but above the total amount payable on the invoice,

i. a credit equal to the sum of,

A. the amount of the credit to which the person is entitled in respect of the financial assistance to which the consumer is entitled under the Act or a regulation made under the Act for the period to which the invoice relates,

B. the amount of financial assistance to which the person is entitled for that period under the Act or a regulation made under the Act in respect of any fees and charges for unit sub-metering, and

C. the amount of any credits to which the person was entitled for previous invoice periods that were not provided in previous invoices, and

ii. the net amount of the invoice after deducting the credit.

2. The line item must be displayed no less prominently than the itemized charges referred to in paragraph 1.

3. The credit must be labelled as follows: “8% Provincial Rebate”.

4. The invoice must set out, in a location where conservation or other utility messages to consumers are usually placed, the following statement: “The Ontario government is providing a rebate on your electricity costs equal to the provincial portion of HST”.

5. Where the invoice is provided in paper form, the envelope that contains the invoice must,

i. set out the following statement in an appropriate location on the face of the envelope: “Ontario is helping reduce electricity costs for families, businesses and farms”, and

ii. include, in a reasonably prominent location on the face of the envelope, in a reasonably prominent font size, the words “8% Provincial Rebate”.

6. Where the invoice is provided in paper form, the invoice must be accompanied by a bill insert that meets the requirements of the Schedule.

(2) Where the invoice is presented in French, any requirement as to wording stipulated in the rules under subsection (1) may be met by using the equivalent wording in French.

Alternatives authorized by Minister

4. (1) If the Minister is satisfied that, for technical or operational reasons, it would be impossible, impractical or unreasonably difficult for an electricity vendor or a unit sub-meter provider to use on its invoices the wording required by this Regulation or to follow an invoicing process required by this Regulation, and if the Minister is satisfied that using different wording specified by the Minister or following a different invoicing process specified by the Minister would also promote the purposes of the requirement, the Minister may give the vendor a written notice so stating.

(2) If an electricity vendor or unit sub-meter provider receives a notice from the Minister under subsection (1), it shall use on its invoices the wording specified in the Minister’s notice and shall follow the invoicing process specified in the Minister’s notice instead of the wording or invoicing process otherwise required under this Regulation.

Transitional

5. (1) The requirements of paragraphs 1 to 4 of subsections 2 (1) and 3 (1) apply in respect of all invoices issued in respect of an eligible account that show the financial assistance under the Act.

(2) The requirements of paragraph 5 of subsections 2 (1) and 3 (1) apply in respect of all of the invoices described in subsection (1) of this section from the first invoice issued on or after July 1, 2017 to the first invoice issued on or after July 1, 2018.

(3) The requirements of paragraph 6 of subsections 2 (1) and 3 (1) apply in respect of the first two invoices described in subsection (1) of this section.

Revocation

6. The following provisions are revoked:

1. Paragraph 6 of subsection 2 (1).

2. Paragraph 6 of subsection 3 (1).

3. Subsection 5 (3).

4. The Schedule.

Commencement

7. (1) Subject to subsection (2), this Regulation comes into force on January 1, 2017.

(2) Section 6 comes into force on July 1, 2018.

Schedule

1. The Ontario government trillium logo must appear in a reasonably prominent place on the face of the bill insert.

2. The words “8% Provincial Rebate” must appear in a reasonably prominent location on the face of the bill insert.

3. The insert must contain the following wording:

On January 1, 2017, your electricity costs went down 8%.

Ontario’s government is reducing electricity costs by rebating an amount equal to the provincial portion of the HST on your monthly hydro bill. That’s an 8% rebate for Ontario families, and on average will mean $130 more in your pocket each year.

This is part of Ontario’s plan to help people with the costs of everyday living by reducing electricity costs.  Across Ontario, about five million residential consumers, farms and small businesses will benefit from this rebate.

[Insert Electricity vendor or unit sub-meter provider name] will implement these savings onto your bill by July 1, 2017. Applicable savings will be retroactive to January 1, 2017.

4. Where the invoice is presented in French, any requirement as to wording stipulated in this Schedule may be met by using the equivalent wording in French.

Made by:

Glenn Thibeault

Minister of Energy

Date made: November 4, 2016