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O. Reg. 116/23: ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT

filed June 2, 2023 under Electricity Act, 1998, S.O. 1998, c. 15, Sched. A

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ontario regulation 116/23

made under the

Electricity Act, 1998

Made: June 1, 2023
Filed: June 2, 2023
Published on e-Laws: June 2, 2023
Published in The Ontario Gazette: June 17, 2023

Amending O. Reg. 429/04

(ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT)

1. (1) Subsection 5 (1) of Ontario Regulation 429/04 is amended by adding the following definitions:

“contracted non-Ontario electricity” means electricity supplied to a licensed distributor,

(a)  under a power purchase agreement with the owner or operator of a generation facility located outside of Ontario, and

(b)  without reliance on the IESO-controlled grid or the distribution system of a host distributor;

“load facility” means a facility that withdraws electricity either from the distribution system of a licensed distributor or from the IESO-controlled grid;

(2) Subsections 5 (1.1) and (1.2) of the Regulation are revoked.

(3) Section 5 of the Regulation is amended by adding the following subsection:

(4) In this Part, a reference to the volume of electricity supplied by embedded generators to licensed distributors does not include any contracted non-Ontario electricity.

2. Subsection 6.1 (5) of the Regulation is revoked.

3. Subsection 7.1 (5) of the Regulation is revoked.

4. Subsection 11 (3) of the Regulation is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

(d)  a licensed distributor in respect of the volume of contracted non-Ontario electricity supplied to it or to any of its embedded distributors.

5. (1) Subsection 16 (1.1) of the Regulation is amended by adding the following definition:

“specified Class B rate” means the Class B rate estimated or finally determined by the IESO that is used for the month by the licensed distributor in accordance with this section in respect of the Class B consumer.

(2) Subsection 16 (9) of the Regulation is revoked.

6. The Regulation is amended by adding the following section:

Additional adjustments, where cl. 11 (3) (d) applies

17. (1) In this section,

“purchasing licensed distributor” means a licensed distributor to whom contracted non-Ontario electricity is supplied.

(2) The adjustments required by this section are in addition to the adjustments required by section 16.

(3) The following adjustments shall be made in relation to each Class B consumer of a purchasing licensed distributor:

1.  If the consumer does not have a contract with a retailer who uses retailer-consolidated billing, the purchasing licensed distributor shall make such adjustments with respect to the consumer to ensure that, over time, the consumer does not pay or receive any global adjustment in respect of the volume of contracted non-Ontario electricity.

2.  If the consumer has a contract with a retailer who uses retailer-consolidated billing,

i.  the purchasing licensed distributor shall make such adjustments with respect to the retailer to ensure that, over time, the retailer does not pay or receive any global adjustment in respect of the volume of contracted non-Ontario electricity, and

ii.  the retailer shall make such adjustments with respect to the consumer to ensure that, over time, the consumer does not pay or receive any global adjustment in respect of the volume of contracted non-Ontario electricity.

(4) If paragraph 2 of subsection (3) applies,

(a)  the purchasing licensed distributor shall provide to the retailer such information concerning the proportion of electricity distributed to the Class B consumer that is contracted non-Ontario electricity as is necessary for the retailer to make the adjustments required by subparagraph 2 ii of that subsection, within such time limits as are necessary for that purpose; and

(b)  the retailer shall rely on the information provided by the purchasing licensed distributor under clause (a).

Commencement

7. This Regulation comes into force on the later of July 1, 2023 and the day this Regulation is filed.