O. Reg. 633/21: ENERGY DATA
filed September 2, 2021 under Electricity Act, 1998, S.O. 1998, c. 15, Sched. ASkip to content
ontario regulation 633/21
made under the
Electricity Act, 1998
Made: August 26, 2021
Filed: September 2, 2021
Published on e-Laws: September 2, 2021
Printed in The Ontario Gazette: September 18, 2021
1. (1) For the purposes of subsection 25.35.8 (1) of the Act and in this Regulation,
(a) electricity, and
(b) natural gas that is distributed by hydrocarbon pipeline in Ontario; (“énergie”)
“energy data” means any energy usage and account holder information identified in REQ.21.2.5t or REQ.21.2.6t in the NAESB ESPI standard that is collected by the energy provider and made available to account holders in the normal course of the energy provider’s operations, excluding any data collected in respect of projects that are being undertaken on a trial basis; (“données énergétiques”)
“energy provider” means a distributor or a natural gas distributor other than,
(a) Attawapiskat Power Corporation,
(b) Cornwall Street Railway Light and Power Company Limited;
(c) Fort Albany Power Corporation,
(d) Hydro One Remote Communities Inc.,
(e) Kashechewan Power Corporation,
(f) OM Limited Partnership,
(g) any natural gas distributor that is exempted from the requirements of section 36 of the Ontario Energy Board Act, 1998 by a regulation made under that Act, and
(h) any distributor that is exempted from the requirements of clause 57 (a) of the Ontario Energy Board Act, 1998 by a regulation made under that Act; (“fournisseur d’énergie”)
“natural gas distributor” means a gas distributor within the meaning of the Ontario Energy Board Act, 1998 that delivers natural gas by hydrocarbon pipeline to a person or entity who uses, for their own consumption, natural gas that they did not produce. (“distributeur de gaz naturel”)
(2) In this Regulation,
“NAESB ESPI standard” means the standard titled “REQ.21 Energy Services Provider Interface Model Business Practices”, version 3.3, published on January 30, 2020 by the North American Energy Standards Board.
2. (1) Every energy provider shall meet the requirements set out in subsection 25.35.8 (2) of the Act and in this Regulation on and after November 1, 2023, subject to any extensions granted under section 5.
(2) Every energy provider shall implement the NAESB ESPI standard in order to meet the requirements set out in subsection 25.35.8 (2) of the Act.
(3) Every energy provider shall, in accordance with the NAESB ESPI standard and any additional procedural requirements that may be established by the Board, make energy data about an account holder available to,
(a) the account holder; and
(b) if applicable, a person or entity who has been authorized under section 3 to receive the energy data.
(4) Every energy provider shall ensure that account holders and, if applicable, any persons or entities who have been authorized by the account holder under section 3 have access to the account holder’s energy data for at least the lesser of,
(a) the previous 24 months; or
(b) the period of time within the previous 24 months during which the account holder held an account with the energy provider.
(5) Every energy provider shall ensure that the energy data made available to account holders and, if applicable, authorized persons and entities provides energy usage information for interval periods of one hour or less, subject to any limitations of the energy provider’s metering infrastructure.
3. (1) An account holder may authorize another person or entity to receive the account holder’s energy data by submitting an authorization to their energy provider in compliance with the procedure set out in REQ.188.8.131.52 of the NAESB ESPI standard and any other additional requirements that may be established by the Board.
(2) Every energy provider shall establish a process to allow account holders to submit authorizations in accordance with subsection (1) and to revoke such authorizations.
(3) The process established under subsection (2) must meet any additional requirements that may be established by the Board.
(4) Every energy provider shall, in accordance with such requirements as may be established by the Board, establish a policy regarding privacy of energy data.
(5) The policy described in subsection (4) must be provided in an electronic format to an account holder when they authorize another person or entity in accordance with subsection (1) and whenever the policy is updated thereafter.
(6) An energy provider may, in accordance with such requirements as may be established by the Board, terminate any authorizations for a person or entity that were made in accordance with subsection (1) by one or more account holders if there has been a significant violation of the terms and conditions under which access to the energy data was provided.
4. (1) Every energy provider shall ensure that its implementation of the requirements set out in subsection 25.35.8 (2) of the Act and in this Regulation is certified by the Green Button Alliance to its “Connect My Data” and “Download My Data” standards.
(2) The certification described in subsection (1) must be obtained no later than two years after the day this Regulation comes into force, subject to any extensions granted under section 5.
Extensions of time
5. (1) An energy provider may apply to the Board for an extension of the time period to comply with subsection 25.35.8 (2) of the Act and sections 2 to 4 of this Regulation.
(2) When applying for an extension, the energy provider must explain the reasons for their application, having regard to the criteria set out in subsection (3).
(3) The Board may grant the extension and provide the energy provider with written authorization allowing it to comply with the requirements by an alternative date if the Board is satisfied that a different time period for compliance with the requirements is warranted,
(a) on the basis of technical or operational reasons that cannot be addressed at a reasonable cost; or
(b) because of delays in obtaining the certification required by subsection 4 (1) that were not caused by the energy provider.