Energy Conservation Leadership Act, 2006, S.O. 2006, c. 3, Sched. A

Energy Conservation Leadership Act, 2006

S.O. 2006, CHAPTER 3
Schedule A

Historical version for the period September 22, 2006 to May 13, 2009.

No amendments.

CONTENTS

Preamble
1.	Definitions
2.	Mandatory conservation practices
3.	Permissive designation of goods, services and technologies
4.	Energy conservation plans
5.	Joint plans
6.	Duty to consider energy conservation, etc.
7.	Agreements to promote conservation, etc.
8.	Compliance orders
9.	Designation of enforcement officer
10.	Regulations

Preamble

The Government of Ontario is committed to removing barriers to, and promoting opportunities for, energy conservation and to using energy efficiently in conducting its affairs.

Definitions

1. In this Act,

“enforcement officer” means a person designated under section 9 as an enforcement officer; (“agent d’exécution”)

“prescribed” means prescribed by a regulation made under this Act; (“prescrit”)

“public agency” means a ministry of the Government of Ontario or an entity, including a municipality, or class of entities that is prescribed as a public agency. (“organisme public”) 2006, c. 3, Sched. A, s. 1.

Mandatory conservation practices

2. (1) The Lieutenant Governor in Council may, by regulation, require persons who are selling, leasing or otherwise transferring an interest in real property or personal property to provide such information as is prescribed in such circumstances as are prescribed. 2006, c. 3, Sched. A, s. 2 (1).

Effect of non-compliance

(2) A regulation may provide for consequences if a person fails to comply with a requirement established under this section, including consequences if the non-compliance occurs in the context of an activity for which a permit or other type of authorization is required under any Act. 2006, c. 3, Sched. A, s. 2 (2).

Same

(3) A regulation may provide for the manner in which any matters required for the purposes of subsection (2) are determined and may authorize an enforcement officer to make the determinations. 2006, c. 3, Sched. A, s. 2 (3).

Notice of non-compliance

(4) A regulation may provide for the manner in which notice relating to the non-compliance is given to the appropriate official for the purposes of subsection (2). 2006, c. 3, Sched. A, s. 2 (4).

Permissive designation of goods, services and technologies

3. (1) In order to assist in the removal of barriers and to promote opportunities for energy conservation, the Lieutenant Governor in Council may, by regulation, designate goods, services and technologies. 2006, c. 3, Sched. A, s. 3 (1).

Effect of designation

(2) A person is permitted to use designated goods, services and technologies in such circumstances as may be prescribed, despite any restriction imposed at law that would otherwise prevent or restrict their use, including a restriction established by a municipal by-law, a condominium by-law, an encumbrance on real property or an agreement. 2006, c. 3, Sched. A, s. 3 (2).

Same

(3) A restriction imposed at law that would otherwise prevent or restrict the use of designated goods, services or technologies is inoperative. 2006, c. 3, Sched. A, s. 3 (3).

Exception

(4) Subsections (2) and (3) do not apply with respect to a restriction imposed by an Act or regulation. 2006, c. 3, Sched. A, s. 3 (4).

Energy conservation plans

4. (1) The Lieutenant Governor in Council may, by regulation, require public agencies to prepare an annual energy conservation plan or, if the regulations so provide, an energy conservation plan respecting such other period as may be prescribed. 2006, c. 3, Sched. A, s. 4 (1).

Specified targets

(2) The Lieutenant Governor in Council may, by regulation, require a public agency to which subsection (1) applies to achieve prescribed energy conservation targets. 2006, c. 3, Sched. A, s. 4 (2).

Contents

(3) The plan must be prepared in accordance with such requirements as may be prescribed and must include the following information:

1. An itemized description of the public agency’s significant energy-consuming technologies and operations.

2. A summary of annual energy usage for each of the public agency’s technologies and operations.

3. A description of current and proposed activities and measures to conserve the energy used by the public agency’s technologies and in the public agency’s operations and to otherwise reduce the amount of energy used by the public agency.

4. A summary of the progress and achievements in energy conservation and other reductions described in paragraph 3 since the previous plan.

5. Such additional information as may be prescribed. 2006, c. 3, Sched. A, s. 4 (3).

Publication

(4) The public agency shall publish the plan in accordance with such requirements as may be prescribed. 2006, c. 3, Sched. A, s. 4 (4).

Implementation

(5) The public agency shall implement the plan and shall do so in accordance with such requirements as may be prescribed. 2006, c. 3, Sched. A, s. 4 (5).

Joint plans

5. (1) Two or more persons may prepare a joint energy conservation plan and may publish and implement it jointly. 2006, c. 3, Sched. A, s. 5 (1).

Effect

(2) If the joint plan satisfies the requirements established under section 4, the persons are not required to prepare, publish and implement separate energy conservation plans for the same period. 2006, c. 3, Sched. A, s. 5 (2).

Duty to consider energy conservation, etc.

When acquiring goods and services

6. (1) The Lieutenant Governor in Council may, by regulation, require public agencies to consider energy conservation and energy efficiency in their acquisition of goods and services and to comply with such requirements as may be prescribed for that purpose. 2006, c. 3, Sched. A, s. 6 (1).

When making capital investments

(2) The Lieutenant Governor in Council may, by regulation, require public agencies to consider energy conservation and energy efficiency when making capital investments and to comply with such requirements as may be prescribed for that purpose. 2006, c. 3, Sched. A, s. 6 (2).

Agreements to promote conservation, etc.

7. The Minister of Energy may enter into agreements to promote energy conservation and energy efficiency and the agreements must conform to such requirements as may be prescribed. 2006, c. 3, Sched. A, s. 7.

Compliance orders

8. (1) This section applies if, in the opinion of an enforcement officer,

(a) a person has contravened or failed to comply with a requirement established under this Act; or

(b) a person has prevented or interfered with another person’s permitted use of designated goods, services or technologies under section 3. 2006, c. 3, Sched. A, s. 8 (1).

Proposal re order

(2) The enforcement officer may propose to order the person to cease committing an act or to perform such acts as, in the enforcement officer’s opinion, are necessary to remedy the situation. 2006, c. 3, Sched. A, s. 8 (2).

Notice of proposal

(3) The enforcement officer shall give written notice of the proposed order to the person, including the reasons for the proposal, and shall also inform the person that he, she or it can request a hearing by the Ontario Energy Board about the proposed order and shall advise the person about the process for requesting the hearing. 2006, c. 3, Sched. A, s. 8 (3).

Hearing requested

(4) If the person requests a hearing and makes the request in the prescribed manner within 15 days after receiving notice of the proposed order, the Board shall hold a hearing. 2006, c. 3, Sched. A, s. 8 (4).

Energy conservation guiding objective

(5) Despite subsection 1 (1) of the Ontario Energy Board Act, 1998, for the purpose of a hearing under subsection (4), the Board shall be guided by the objective of promoting energy conservation. 2006, c. 3, Sched. A, s. 8 (5).

Order of Board

(6) The Board may, by order, direct the enforcement officer to carry out the proposed order or, if the Board considers the proposed order to be unreasonable, the Board may substitute its opinion for that of the enforcement officer and may, by order, direct the enforcement officer not to carry out the proposed order or direct him or her to carry it out with such changes as the Board considers appropriate. 2006, c. 3, Sched. A, s. 8 (6).

Hearing not requested

(7) If the person does not request a hearing or does not make the request in the prescribed manner within 15 days after receiving notice of the proposed order, the enforcement officer may carry out the proposed order. 2006, c. 3, Sched. A, s. 8 (7).

Court enforcement

(8) The enforcement officer may file a certified copy of an order made under this section in the Superior Court of Justice and the Court may enforce the order in such manner as the Court considers just in the circumstances. 2006, c. 3, Sched. A, s. 8 (8).

Designation of enforcement officer

9. The Minister of Energy may, in writing, designate one or more persons who are employed in the Ministry of Energy to act as enforcement officers for the purposes of this Act and may impose such conditions relating to the designation as the Minister considers appropriate. 2006, c. 3, Sched. A, s. 9.

Regulations

10. (1) The Lieutenant Governor in Council may make regulations prescribing anything that is required or permitted to be prescribed or that is required or permitted to be done in accordance with the regulations or as provided in the regulations. 2006, c. 3, Sched. A, s. 10 (1).

Classes of persons, etc.

(2) A regulation may create different classes of persons or entities and may establish different entitlements for, or relating to, each class or impose different requirements, conditions or restrictions on, or relating to, each class. 2006, c. 3, Sched. A, s. 10 (2).

Scope

(3) A regulation may be general or specific in its application. 2006, c. 3, Sched. A, s. 10 (3).

Exemptions, etc.

(4) A regulation may exempt a class or a person or entity from a specified requirement imposed by the Act or a regulation or provide that a specified provision of the Act or a regulation does not apply to the class, person or entity. 2006, c. 3, Sched. A, s. 10 (4).

11. Omitted (provides for coming into force of provisions of this Act). 2006, c. 3, Sched. A, s. 11.

12. Omitted (enacts short title of this Act). 2006, c. 3, Sched. A, s. 12.

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