Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B, Ontario Energy Board Act, 1998
Ontario Energy Board Act, 1998
S.O. 1998, CHAPTER 15
Schedule B
Historical version for the period March 9, 2005 to March 31, 2005.
Amended by: 1999, c. 6, s. 48; 2000, c. 26, Sched. D, s. 2; 2001, c. 9, Sched. F, s. 2; 2002, c. 1, Sched. B; 2002, c. 17, Sched. F, Table; 2002, c. 23, s. 4; 2003, c. 3, ss. 2-90; 2003, c. 8; 2004, c. 8, s. 46, Table; 2004, c. 17, s. 32; 2004, c. 23, Sched. B; 2005, c. 5, s. 51.
CONTENTS
PART I | |
Board objectives, electricity | |
Board objectives, gas | |
Definitions | |
PART II | |
Ontario Energy Board | |
Composition | |
Management committee | |
Panels | |
Market Surveillance Panel | |
Stakeholder input | |
Fiscal year | |
Memorandum of understanding | |
Minister’s request for information | |
Financial statements | |
Annual report | |
By-laws | |
Restrictions on Board powers | |
Purchases and loans by Province | |
Authority re income | |
Collection of personal information | |
Non-application of certain Acts | |
Members and employees | |
Chief operating officer and secretary | |
Delegation of Board’s powers and duties | |
Appeal from delegated function | |
Review of delegated function | |
Power to administer oaths | |
Not required to testify | |
Liability | |
Fees and access to licences | |
Fees | |
Forms | |
Assistance | |
Orders and licences | |
Transfer of authority or licence | |
Board’s powers, general | |
Powers, procedures applicable to all matters | |
Board’s powers, miscellaneous | |
Hearings under Consolidated Hearings Act | |
Final decision | |
Conditions of orders | |
Written reasons to be made available | |
Obedience to orders of Board a good defence | |
Assessment | |
Policy directives | |
Conservation directives | |
Directives re: market rules, conditions | |
Licence condition directives | |
Directives re: commodity risk | |
Refrain from exercising power | |
Costs | |
Stated case | |
Appeal to Divisional Court | |
Petition to L.G. in C. | |
Question referred to Board | |
PART III | |
Order of Board required | |
Gas storage areas | |
Prohibition, gas storage in undesignated areas | |
Authority to store | |
Gas storage, surplus facilities and approval of agreements | |
Referral to Board of application for well licence | |
Allocation of market demand | |
Duties of gas transmitters and distributors | |
Change in ownership or control of systems | |
Rules | |
Proposed rules, notice and comment | |
Rules, effective date and gazette publication | |
PART IV | |
Definitions, Part IV | |
Requirement to hold licence | |
Where not in compliance | |
Application for licence | |
Licence conditions | |
Amendment of licence | |
Cancellation on request | |
PART V | |
Definitions, Part V | |
Requirement to hold licence | |
Interim licences | |
Application for licence | |
Mutual access, electricity generated outside Ontario | |
Licence conditions | |
Codes that may be incorporated as licence conditions | |
Proposed codes, notice and comment | |
Effective date and gazette publication | |
Restriction on business activity | |
Separate accounts | |
Municipally-owned distributors | |
Amendment of licence | |
Suspension or revocation, Board consideration | |
Orders by Board, electricity rates | |
Payments to prescribed generator | |
Payments to the Financial Corporation | |
Payments to the OPA for output under procurement contracts | |
Payment to the OPA under procurement contracts | |
Conflict with market rules | |
Rural or remote consumers | |
Payments to consumers | |
Payments by IESO to consumers | |
Commodity price for electricity: low-volume and designated consumers | |
Hydro One Networks Inc. | |
Repeal | |
Deferral accounts | |
Regulatory assets | |
Overpayments | |
Form of invoice | |
Commodity price for electricity: low volume consumers, etc. | |
Form of invoice for prescribed classes of consumers | |
Prohibition, generation by transmitters or distributors | |
Prohibition, transmission or distribution by generators | |
Review of acquisition | |
Standards, targets and criteria | |
Distinction between transmission and distribution, determination | |
Change in ownership or control of systems | |
Board to monitor markets | |
Regulations, electricity licences | |
Compensation of distributors, retailers, etc. | |
PART V.1 | |
Definitions | |
Application | |
Rights of consumer preserved | |
Unfair practices | |
Written copy of contract | |
Reaffirmation of existing contracts | |
Information required in contract | |
No required form for cancellation | |
False advertising | |
PART VI | |
Definitions, Part VI | |
Leave to construct hydrocarbon line | |
Application for leave to construct hydrocarbon line or station | |
Leave to construct, etc., electricity transmission or distribution line | |
Route map | |
Exemption, s. 90 or 92 | |
Order allowing work to be carried out | |
Condition, land-owner’s agreements | |
Right to enter land | |
Expropriation | |
Determination of compensation | |
Crossings with leave | |
Right to compensation for damages | |
Entry upon land | |
Non-application, Public Utilities Act, s. 58 | |
PART VII | |
Inspectors | |
Power to require documents, etc. | |
Inspections | |
Notifying Board | |
Evidence, Board proceedings | |
Confidentiality | |
Evidence | |
PART VII.1 | |
Definition: “enforceable provision” | |
Procedure for orders under ss. 112.3 to 112.5 | |
Action required to comply, etc. | |
Suspension or revocation of licences | |
Administrative penalties | |
Restraining orders | |
Voluntary compliance | |
PART VIII | |
Purpose, Part VIII | |
Definitions, Part VIII | |
Approved allocation plans | |
Board may order assistance to distributor | |
Compliance with regulation, etc. | |
Prohibition, using gas not acquired from a distributor | |
Order to take effect despite appeal | |
Regulations, allocation plans | |
PART IX | |
Rules | |
Provincial offences officers | |
Obstruction | |
Method of giving notice | |
Offences | |
Admissibility in evidence of certified statements | |
Regulations, general | |
Conflict with other legislation | |
Reports on Board effectiveness | |
Transition, uniform system of accounts | |
Transition, undertakings | |
Transition, director of licensing |
PART I
GENERAL
Board objectives, electricity
1. (1) The Board, in carrying out its responsibilities under this or any other Act in relation to electricity, shall be guided by the following objectives:
1. To protect the interests of consumers with respect to prices and the adequacy, reliability and quality of electricity service.
2. To promote economic efficiency and cost effectiveness in the generation, transmission, distribution, sale and demand management of electricity and to facilitate the maintenance of a financially viable electricity industry. 2004, c. 23, Sched. B, s. 1.
Facilitation of integrated power system plans
(2) In exercising its powers and performing its duties under this or any other Act in relation to electricity, the Board shall facilitate the implementation of all integrated power system plans approved under the Electricity Act, 1998. 2004, c. 23, Sched. B, s. 1.
Board objectives, gas
2. The Board, in carrying out its responsibilities under this or any other Act in relation to gas, shall be guided by the following objectives:
1. To facilitate competition in the sale of gas to users.
2. To protect the interests of consumers with respect to prices and the reliability and quality of gas service.
3. To facilitate rational expansion of transmission and distribution systems.
4. To facilitate rational development and safe operation of gas storage.
5. To promote energy conservation and energy efficiency in a manner consistent with the policies of the Government of Ontario.
5.1 To facilitate the maintenance of a financially viable gas industry for the transmission, distribution and storage of gas.
6. To promote communication within the gas industry and the education of consumers. 1998, c. 15, Sched. B, s. 2; 2002, c. 23, s. 4 (2); 2003, c. 3, s. 3; 2004, c. 23, Sched. B, s. 2.
Definitions
“affiliate”, with respect to a corporation, has the same meaning as in the Business Corporations Act; (“membre du même groupe”)
“associate”, where used to indicate a relationship with any person, means,
(a) any body corporate of which the person owns, directly or indirectly, voting securities carrying more than 50 per cent of the voting rights attached to all voting securities of the body corporate for the time being outstanding,
(b) any partner of that person,
(c) any trust or estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar capacity,
(d) any relative of the person, including the person’s spouse as defined in the Business Corporations Act, where the relative has the same home as the person, or
(e) any relative of the spouse, as defined in the Business Corporations Act, of the person, where the relative has the same home as the person; (“personne qui a un lien”)
“Board” means the Ontario Energy Board; (“Commission”)
“construct” means construct, reconstruct, relocate, enlarge or extend; (“construire”)
“fuel oil” means any liquid hydrocarbon within the meaning from time to time of the Canadian General Standards Board specification CAN/CGSB-3.2-M89 entitled FUEL OIL HEATING, CAN/CGSB-3.3-M89 entitled KEROSENE, CAN/CGSB-3.6-M90 entitled AUTOMOTIVE DIESEL FUEL or, when used for heating, cooking or lighting, within the meaning from time to time of CAN/CGSB-3.27-M89 entitled NAPHTHA FUEL; (“mazout”)
“gas” means natural gas, substitute natural gas, synthetic gas, manufactured gas, propane-air gas or any mixture of any of them; (“gaz”)
“gas distributor” means a person who delivers gas to a consumer and “distribute” and “distribution” have corresponding meanings; (“distributeur de gaz”, “distribuer”, “distribution”)
“gas transmitter” means a person who carries gas by hydrocarbon transmission line, and “transmit” and “transmission” have corresponding meanings; (“transporteur de gaz”, “transporter”, “transport”)
“land” includes any interest in land; (“bien-fonds”)
“manufactured gas” means any artificially produced fuel gas, except acetylene and any other gas used principally in welding or cutting metals; (“gaz manufacturé”)
“Minister” means the Minister of Energy or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)
“oil” means crude oil, and includes any hydrocarbon that can be recovered in liquid form from a pool through a well; (“pétrole”)
“pipe line” means a pipe that carries a hydrocarbon and includes every part of the pipe and adjunct thereto; (“pipeline”)
“pool” means an underground accumulation of oil or natural gas or both, separated or appearing to be separated from any other such underground accumulation; (“gisement”)
“producer” means a person who has the right to remove gas or oil from a well, and “produce” and “production” have corresponding meanings except when referring to documents or records; (“producteur”, “produire”, “production”)
“propane” means a hydrocarbon consisting of 95 per cent or more of propane, propylene, butane or butylene, or any blend thereof; (“propane”)
“rate” means a rate, charge or other consideration and includes a penalty for late payment; (“tarif”)
“regulations” means the regulations made under this Act; (“règlements”)
“station” means a compressor station, a metering station, an odorizing station or a regulating station; (“station”)
“storage company” means a person engaged in the business of storing gas; (“compagnie de stockage”)
“utility line” means a pipe line, a telephone, telegraph, electric power or water line, or any other line that supplies a service or commodity to the public; (“ligne de service public”)
“voting security” has the same meaning as in the Business Corporations Act; (“valeur mobilière avec droit de vote”)
“well” means a hole drilled into a geological formation of Cambrian or more recent age, except a hole where no gas or oil is encountered that is drilled for the production of fresh water or salt. (“puits”) 1998, c. 15, Sched. B, s. 3; 1999, c. 6, s. 48; 2002, c. 1, Sched. B, s. 1; 2002, c. 23, s. 4 (3); 2003, c. 3, s. 4; 2005, c. 5, s. 51.
Ontario Energy Board
Board continued
4. (1) The Ontario Energy Board is continued as a corporation without share capital under the name Ontario Energy Board in English and Commission de l’énergie de l’Ontario in French. 2003, c. 3, s. 5 (2).
Powers
(2) The Board has the capacity and the rights, powers and privileges of a natural person for the purpose of exercising and performing its powers and duties under this or any other Act, except as otherwise provided in this Act. 2003, c. 3, s. 5 (4).
Duties
(3) The Board shall perform the duties assigned to it under this or any other Act. 2003, c. 3, s. 5 (4).
Crown agency
(4) The Board is an agent of Her Majesty in right of Ontario, and its powers may be exercised only as an agent of Her Majesty. 2003, c. 3, s. 5 (4).
(5) Repealed: 2003, c. 3, s. 5 (3).
Composition
4.1 (1) The Board shall be composed of at least five members. 2003, c. 3, s. 6.
Appointment
(2) The members shall be appointed by the Lieutenant Governor in Council. 2003, c. 3, s. 6.
Term of initial appointment
(3) The first term of office of a person who is appointed to the Board shall not exceed two years. 2003, c. 3, s. 6.
Transition
(4) Subsection (3) does not apply to a person who is a member of the Board when subsection (3) comes into force. 2003, c. 3, s. 6.
Reappointments
(5) A member of the Board may be reappointed for one or more terms of office, each of which does not exceed five years. 2003, c. 3, s. 6.
Chair and vice-chairs
(6) The Lieutenant Governor in Council shall, by order, designate a member of the Board as chair and shall designate two members as vice-chairs. 2003, c. 3, s. 6.
Same
(7) The chair and each vice-chair holds office for the term specified by the Lieutenant Governor in Council which shall not exceed his or her term as a member of the Board. 2003, c. 3, s. 6.
Same
(8) Despite subsections (3) and (5), when a member of the Board is designated as chair, the designation may provide that his or her term of office as a member continues for a period that does not exceed five years from the date of the designation as chair, and subsection (5) applies to any subsequent reappointment as a member. 2003, c. 3, s. 6.
Duties of chair
(9) The chair is the chief executive officer of the Board and, unless otherwise authorized by the Minister, shall devote his or her full time to the work of the Board. 2003, c. 3, s. 6.
Chair may delegate
(10) The chair may in writing delegate any of his or her powers or duties to a vice-chair. 2003, c. 3, s. 6.
Conditions and restrictions
(11) A delegation under subsection (10) is subject to such conditions and restrictions as the chair may specify in writing. 2003, c. 3, s. 6.
Acting chair
(12) If no one is available to exercise or perform a power or duty of the chair, any vice-chair may exercise the power or duty. 2003, c. 3, s. 6.
Management committee
4.2 (1) The Board shall have a management committee composed of the chair and the vice-chairs. 2003, c. 3, s. 7.
Duties
(2) The management committee shall manage the activities of the Board, including the Board’s budgeting and the allocation of the Board’s resources, and shall perform such other duties as are assigned to the management committee under this Act. 2003, c. 3, s. 7.
Rules of practice and procedure
(3) The Board’s authority to make rules governing practice and procedure under section 25.1 of the Statutory Powers Procedure Act shall be exercised by the management committee on behalf of the Board. 2003, c. 3, s. 7.
Quorum
(4) Subject to the by-laws made under section 4.10, two members of the management committee constitute a quorum. 2003, c. 3, s. 7.
Presiding officer
(5) The chair shall preside over management committee meetings. 2003, c. 3, s. 7.
Delegation
(6) The management committee shall not delegate any of its powers or duties under the following provisions:
1. Sections 4.8 to 4.10.
2. Subsection 6 (1).
3. Section 26.
4. Any other provision prescribed by the regulations. 2003, c. 3, s. 7.
Same
(7) Subject to subsection (6), the management committee may delegate its powers and duties, but only to a member of the management committee. 2003, c. 3, s. 7.
Conditions and restrictions
(8) A delegation under subsection (7) is subject to such conditions and restrictions as the management committee may specify in writing. 2003, c. 3, s. 7.
Panels
4.3 (1) The chair may assign one or more members of the Board to a panel to hear or determine any matter and, for that purpose, the panel has all the jurisdiction and powers of the Board. 2003, c. 3, s. 8.
Same
(2) A member of the Board shall not exercise or perform any power or duty of the Board except as a member of a panel to which he or she has been assigned. 2003, c. 3, s. 8.
Same
(3) Subsection (2) does not apply to the powers of the Board under sections 44 and 70.1. 2003, c. 3, s. 8.
Market Surveillance Panel
4.3.1 (1) The Market Surveillance Panel established by the board of directors of the Independent Electricity Market Operator under subsection 13 (1) of the Electricity Act, 1998 as it read on January 1, 2004 is continued as the Market Surveillance Panel of the Board. 2004, c. 23, Sched. B, s. 3.
Appointment
(2) The Board’s management committee shall appoint the members of the Market Surveillance Panel. 2004, c. 23, Sched. B, s. 3.
Membership
(3) No person shall be appointed as a member of the Market Surveillance Panel if he or she has any material interest in a market participant or is a director, officer, employee or agent of,
(a) a generator, distributor, transmitter or retailer;
(b) a person who sells electricity or ancillary services through the IESO-administered markets or directly to another person who is not a consumer;
(c) a market participant;
(d) an industry association that represents a person referred to in clause (a), (b) or (c);
(e) the OPA;
(f) the IESO; or
(g) an affiliate of a person listed in clause (a), (b), (c), (e) or (f). 2004, c. 23, Sched. B, s. 3.
Same
(4) Subsection (3) applies only with respect to persons who first become members of the Market Surveillance Panel on or after the day subsection (3) comes into force. 2004, c. 23, Sched. B, s. 3.
Staff and assistance
(5) Subject to the by-laws made under section 4.10, the Market Surveillance Panel may use the services of employees of the Board and the IESO, with the consent of their employers, and of persons who have technical or professional expertise that the panel considers necessary. 2004, c. 23, Sched. B, s. 3.
Testimony
(6) A person who is a member of the Market Surveillance Panel or an employee of the IESO or the Board and who is acting on behalf of the Panel shall not be required in any civil proceeding to give testimony with respect to information obtained in the course of his or her duties. 2004, c. 23, Sched. B, s. 3.
Law enforcement information
(7) A record that contains information provided to or obtained by the Market Surveillance Panel and that is designated by the Panel as relating to activity in the IESO-administered markets or to the conduct of a market participant shall be deemed, for the purpose of section 14 of the Freedom of Information and Protection of Privacy Act, to be a record the disclosure of which could reasonably be expected to interfere with a law enforcement matter. 2004, c. 23, Sched. B, s. 3.
Confidential information relating to market participant
(8) A record that contains information provided to or obtained by the Market Surveillance Panel relating to a market participant and that is designated by the Panel as confidential or highly confidential shall be deemed, for the purpose of section 17 of the Freedom of Information and Protection of Privacy Act, to be a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. 2004, c. 23, Sched. B, s. 3.
Regulations
(9) The Lieutenant Governor in Council may make regulations,
(a) prescribing a day on which the Market Surveillance Panel is dissolved and the Board commences to exercise the powers and perform the duties of the Panel under this or any other Act;
(b) governing the application, after the dissolution of the Panel, of any provision of this or any other Act that relates to the Market Surveillance Panel or its powers or duties. 2004, c. 23, Sched. B, s. 3.
Stakeholder input
4.4 The Board shall establish one or more processes by which consumers, distributors, generators, transmitters and other persons who have an interest in the electricity industry may provide advice and recommendations for consideration by the Board. 2004, c. 23, Sched. B, s. 4.
Fiscal year
4.5 The fiscal year of the Board begins on April 1. 2003, c. 3, s. 10.
Memorandum of understanding
4.6 (1) Every three years beginning with the Board’s 2003-2004 fiscal year, the chair of the Board, on behalf of the Board and its management committee, and the Minister shall enter into a memorandum of understanding setting out,
(a) the respective roles and responsibilities of the Minister, the chair and the management committee;
(b) the accountability relationships between the chair, the management committee and the Minister;
(c) limitations on the Board’s powers to borrow and invest;
(d) the responsibility of the chair and the management committee to provide the Minister with business plans, operational budgets and plans for proposed significant changes in the operations or activities of the Board;
(e) details of an obligation that requires the management committee to provide the Minister with statements of the Board’s priorities and to publish those statements;
(f) details of an obligation that requires the management committee,
(i) to provide the Minister with regulatory calendars that set out anticipated dates for,
(A) dealing with proceedings that are expected to be heard or determined by the Board, and
(B) exercising the power to make rules under section 44 or issue codes under section 70.1, and
(ii) to publish the regulatory calendars described in subclause (i);
(g) details of an obligation that requires the management committee to establish performance standards for the Board;
(h) details of an obligation that requires the management committee to establish and maintain a pay for performance plan for full-time members of the Board that links payment of bonuses to the achievement of performance standards;
(i) details of an obligation respecting consumer protection support that requires the management committee, on behalf of the Board, to make and maintain rules governing practice and procedure under section 25.1 of the Statutory Powers Procedure Act that govern interim and final awards of costs to organizations representing consumers;
(j) details of an obligation that requires the management committee to consult with the advisory committee established under section 4.4 with respect to the obligations referred to in clauses (e) to (i); and
(k) any other matter that the parties consider necessary or appropriate. 2003, c. 3, s. 11.
Same
(2) The Board shall comply with the memorandum of understanding in exercising its powers and performing its duties under this Act, but the failure to do so does not affect the validity of any action taken by the Board or give rise to any rights or remedies by any person, other than rights or remedies provided by the memorandum of understanding. 2003, c. 3, s. 11.
Publication
(3) The management committee shall publish the memorandum of understanding on the Board’s website on the Internet as soon as practicable after the memorandum is entered into. 2003, c. 3, s. 11.
Minister’s request for information
4.7 (1) The Board’s management committee shall promptly give the Minister such information about the Board’s activities, operations and financial affairs as the Minister requests. 2003, c. 3, s. 11.
Examination
(2) The Minister may designate a person to examine any financial or accounting procedures, activities or practices of the Board and report the results of the examination to the Minister. 2003, c. 3, s. 11.
Duty to assist, etc.
(3) The members and employees of the Board shall give the person designated by the Minister all the assistance and co-operation necessary to enable him or her to complete the examination. 2003, c. 3, s. 11.
Financial statements
4.8 (1) The Board’s management committee shall cause annual financial statements to be prepared for the Board in accordance with generally accepted accounting principles. 2003, c. 3, s. 11.
Same
(2) The financial statements must present the financial position, results of operations and changes in the financial position of the Board for its most recent fiscal year. 2003, c. 3, s. 11.
Auditors
(3) The management committee shall appoint one or more auditors licensed under the Public Accountancy Act to audit the financial statements of the Board for each fiscal year. 2003, c. 3, s. 11.
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2004, chapter 8, section 46, Table by striking out “Public Accountancy Act” and substituting “Public Accounting Act, 2004”. See: 2004, c. 8, ss. 46, Table; 51 (2).
Auditor General
(4) The Auditor General may also audit the financial statements of the Board. 2003, c. 3, s. 11; 2004, c. 17, s. 32.
Annual report
4.9 (1) Within six months after the end of each fiscal year, the Board’s management committee shall deliver to the Minister an annual report, including the Board’s audited financial statements, on the affairs of the Board for that fiscal year. 2003, c. 3, s. 11.
Report to be laid before Assembly
(2) Within one month after receiving the annual report, the Minister shall lay the report before the Assembly by delivering the report to the Clerk. 2003, c. 3, s. 11.
By-laws
4.10 (1) The Board’s management committee may make by-laws,
(a) governing the administration, management and conduct of the affairs of the Board;
(b) prescribing emergency circumstances in which the quorum of the management committee is one member;
(c) governing the appointment of an auditor;
(d) setting out the powers, functions and duties of the chair, the vice-chairs and the officers employed by the Board;
(e) governing the remuneration and benefits of the chair, the vice-chairs and the other members of the Board;
(f) governing the composition and functions of the Market Surveillance Panel and the appointment, removal and remuneration of members of the Market Surveillance Panel. 2003, c. 3, s. 11; 2004, c. 23, Sched. B, s. 5.
Notice to Minister
(2) The management committee shall deliver to the Minister a copy of every by-law passed by it. 2003, c. 3, s. 11.
Minister’s review of remuneration and benefits by-laws
(3) Within 60 days after delivery of a by-law made under clause (1) (e), the Minister may approve, reject or return it to the management committee for further consideration. 2003, c. 3, s. 11.
Effect of approval
(4) A by-law made under clause (1) (e) that is approved by the Minister becomes effective on the date of the approval or on such later date as the by-law may provide. 2003, c. 3, s. 11.
Effect of rejection
(5) A by-law made under clause (1) (e) that is rejected by the Minister does not become effective. 2003, c. 3, s. 11.
Effect of return for further consideration
(6) A by-law made under clause (1) (e) that is returned to the management committee for further consideration does not become effective until the committee returns it to the Minister and the Minister approves it. 2003, c. 3, s. 11.
Expiry of review period
(7) If, within the 60-day period referred to in subsection (3), the Minister does not approve, reject or return the by-law for further consideration, the by-law becomes effective on the 75th day after it is delivered to the Minister or on such later date as the by-law may provide. 2003, c. 3, s. 11.
Publication
(8) The management committee shall publish every by-law made under subsection (1) on the Board’s website on the Internet as soon as practicable after the by-law becomes effective. 2003, c. 3, s. 11.
Regulations Act not to apply
(9) The Regulations Act does not apply to by-laws made by the management committee under subsection (1). 2003, c. 3, s. 11.
Restrictions on Board powers
4.11 The Board shall not, without the approval of the Lieutenant Governor in Council,
(a) create a subsidiary;
(b) purchase or sell real property;
(c) borrow money, pledge, mortgage or hypothecate any of its property, or create or grant a security interest in any of its property;
(d) enter into a contract of a class prescribed by the regulations; or
(e) exercise other rights, powers or privileges under subsection 4 (2) that are prescribed by the regulations. 2003, c. 3, s. 12.
Purchases and loans by Province
4.12 (1) The Minister of Finance, on behalf of Ontario, may purchase securities of or make loans to the Board in such amounts, at such times and on such terms and conditions as the Lieutenant Governor in Council considers expedient. 2003, c. 3, s. 12.
Same
(2) The Minister of Finance may pay from the Consolidated Revenue Fund the money necessary for a purchase or loan made under subsection (1). 2003, c. 3, s. 12.
Authority re income
4.13 (1) Despite Part I of the Financial Administration Act, revenue from the exercise of a power conferred or the discharge of a duty imposed on the Board or the Board’s management committee under this or any other Act, and the investments held by the Board, do not form part of the Consolidated Revenue Fund and, subject to this section, shall be applied to carrying out the powers conferred and duties imposed on the Board under this or any other Act. 2003, c. 3, s. 12.
Same
(2) The revenue referred to in subsection (1) includes the following:
1. Fees payable under section 12.1.
2. Assessments payable under section 26.
3. Costs payable to the Board under section 30.
4. Administrative penalties payable under section 112.5. 2003, c. 3, s. 12.
Collection of personal information
4.14 The Board may collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act for the purpose of carrying out its duties and exercising its powers under this or any other Act. 2003, c. 3, s. 12.
Non-application of certain Acts
4.15 The Corporations Act and the Corporations Information Act do not apply with respect to the Board. 2003, c. 3, s. 12.
Members and employees
4.16 (1) The Public Service Act does not apply to the members and employees of the Board. 2003, c. 3, s. 12.
Status of members
(2) The members of the Board are not its employees, and the chair and vice-chairs shall not hold any other office in the Board or be employed by it in any other capacity. 2003, c. 3, s. 12.
Conflict of interest, indemnification
(3) Sections 132 (conflict of interest) and 136 (indemnification) of the Business Corporations Act apply with necessary modifications with respect to the Board as if the Minister were its sole shareholder. 2003, c. 3, s. 12.
Agreement for services
(4) The Board and a ministry of the Crown may enter into agreements for the provision by employees of the Crown of any service required by the Board to carry out its duties and powers, and the Board shall pay the agreed amount for services provided to it. 2003, c. 3, s. 12.
Chief operating officer and secretary
5. The Board’s management committee shall appoint a chief operating officer of the Board and a secretary of the Board from among the Board’s employees. 2003, c. 3, s. 13.
Delegation of Board’s powers and duties
6. (1) The Board’s management committee may in writing delegate any power or duty of the Board to an employee of the Board. 2003, c. 3, s. 13.
Exceptions
(2) Subsection (1) does not apply to the following powers and duties:
1. Any power or duty of the Board’s management committee.
2. The power to make rules under section 44.
3. The power to issue codes under section 70.1.
4. The power to make rules under section 25.1 of the Statutory Powers Procedure Act.
5. Hearing and determining an appeal under section 7 or a review under section 8.
6. The power to make an order against a person under section 112.3, 112.4 or 112.5, if the person gives notice requiring the Board to hold a hearing under section 112.2.
7. A power or duty prescribed by the regulations. 2003, c. 3, s. 13.
Conditions and restrictions
(3) A delegation under this section is subject to such conditions and restrictions as the management committee may specify in writing. 2003, c. 3, s. 13.
No hearing
(4) An employee of the Board may exercise powers and duties that are delegated under this section without holding a hearing. 2003, c. 3, s. 13.
Statutory Powers Procedure Act
(5) If an employee of the Board holds a hearing pursuant to this section, the Statutory Powers Procedure Act applies to the same extent as if members of the Board were holding the hearing. 2003, c. 3, s. 13.
Review by employee
(6) An employee of the Board who makes an order pursuant to this section may, within a reasonable time after the order is made and if he or she considers it advisable, review all or part of the order, and may confirm, vary or cancel the order. 2003, c. 3, s. 13.
Transfer to Board
(7) At any time before an employee of the Board makes an order in respect of a matter pursuant to this section, the management committee may direct that the matter be transferred to the Board for determination. 2003, c. 3, s. 13.
Effect of employees’ orders, etc.
(8) Anything done by an employee of the Board pursuant to this section shall be deemed, for the purpose of this or any other Act, to have been done by the Board. 2003, c. 3, s. 13.
Application of ss. 33 and 34
(9) Despite subsection (8), sections 33 and 34 and subsection 38 (4) do not apply to an order made by an employee of the Board pursuant to this section. 2003, c. 3, s. 13.
Appeal from delegated function
7. (1) A person directly affected by an order made by an employee of the Board pursuant to section 6 may, within 15 days after receiving notice of the order, appeal the order to the Board. 2003, c. 3, s. 13.
Exception
(2) Subsection (1) does not apply to,
(a) a person who did not make submissions to the employee after being given notice of the opportunity to do so; or
(b) a person who did not give notice requiring the Board to hold a hearing under section 112.2, in the case of an order made by the employee under section 112.3, 112.4 or 112.5. 2003, c. 3, s. 13.
Parties
(3) The parties to the appeal are:
1. The appellant.
2. The applicant, if the order is made in a proceeding commenced by an application.
3. The employee who made the order.
4. Any other person added as a party by the Board. 2003, c. 3, s. 13.
Powers of Board
(4) The Board may confirm, vary or cancel the order. 2003, c. 3, s. 13.
Stay
(5) An appeal under this section does not stay the order of the employee, unless the Board orders otherwise. 2003, c. 3, s. 13.
Review of delegated function
8. (1) The Board’s management committee may, on its own motion, within 15 days after the making of an order by an employee of the Board pursuant to section 6, direct the Board to review the order. 2003, c. 3, s. 13.
Parties
(2) The parties to the review are:
1. Every person directly affected by the order, including, if the order is made in a proceeding commenced by an application, the applicant.
2. The employee who made the order.
3. Any other person added as a party by the Board. 2003, c. 3, s. 13.
Exception
(3) Despite paragraph 1 of subsection (2), a person is not a party to the review if the person did not make submissions to the employee after being given notice of the opportunity to do so. 2003, c. 3, s. 13.
Application of subss. 7 (4) and (5)
(4) Subsections 7 (4) and (5) apply, with necessary modifications, to a review under this section. 2003, c. 3, s. 13.
Power to administer oaths
9. The secretary of the Board and an inspector appointed under section 106 has, in carrying out his or her duties under this Act, the same powers as a commissioner for taking affidavits in Ontario. 2003, c. 3, s. 14.
Not required to testify
10. Members of the Board and employees of the Board are not required to give testimony in any civil proceeding with regard to information obtained in the discharge of their official duties. 1998, c. 15, Sched. B, s. 10.
Liability
11. (1) No action or other civil proceeding shall be commenced against any of the following persons for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under any Act or regulation or for any neglect or default in the exercise or performance in good faith of such a power or duty:
1. A member of the Board.
2. An officer, employee or agent of the Board.
3. A member of the Market Surveillance Panel.
4. An officer, employee or agent of the IESO acting on behalf of the Market Surveillance Panel. 2004, c. 23, Sched. B, s. 6.
Same
(2) A member of the Board is not liable for an act, an omission, an obligation or a liability of the Board or its employees. 2003, c. 3, s. 15.
Crown liability
(3) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (1) and (2) do not relieve the Crown of any liability to which it would otherwise be subject in respect of a tort committed by any person referred to in subsection (1) or (2). 2003, c. 3, s. 15.
Fees and access to licences
12. (1) Repealed: 2003, c. 3, s. 16.
(2) Repealed: 2003, c. 3, s. 16.
(3) Repealed: 2003, c. 3, s. 16.
Inspection
(4) The Board shall make all licences available for public inspection during normal business hours. 1998, c. 15, Sched. B, s. 12 (4).
Fees
12.1 (1) The Board’s management committee may set and charge fees for copies of Board orders, decisions, reasons, reports, recordings or other documents or things, including documents certified by a member of the Board or the secretary of the Board. 2003, c. 3, s. 17.
Application and other fees
(2) The management committee may set and charge licence fees, application fees and other fees relating to an application or appeal to the Board. 2003, c. 3, s. 17.
Classes
(3) The management committee may establish different fees for different classes of persons and for different types of proceedings and types of licences. 2003, c. 3, s. 17.
Forms
13. The Board’s management committee may,
(a) establish forms and require their use in connection with any matter relating to the Board; or
(b) approve forms or the content of the forms and require that any application, appeal or information submitted to the Board be in the approved form. 2003, c. 3, s. 18.
Assistance
14. The Board may appoint persons having technical or special knowledge to assist the Board. 1998, c. 15, Sched. B, s. 14.
Orders and licences
15. (1) All orders made and licences issued by the Board shall be signed by the chair, a vice-chair or the secretary. 2003, c. 3, s. 19.
Same
(2) Despite subsection (1), an order made or licence issued by the Board pursuant to section 6 may be signed by the employee who made the order or issued the licence. 2003, c. 3, s. 19.
Judicial notice
(3) An order or licence that purports to be signed by a person referred to in subsection (1) or (2) shall be judicially noticed without further proof. 2003, c. 3, s. 19.
Non-application of Regulations Act
(4) The Regulations Act does not apply to the orders made or licences issued by the Board. 2003, c. 3, s. 19.
16. Repealed: 2003, c. 3, s. 19.
17. Repealed: 2003, c. 3, s. 19.
Transfer of authority or licence
18. (1) No authority given by the Board under this or any other Act shall be transferred or assigned without leave of the Board. 1998, c. 15, Sched. B, s. 18 (1).
Same
(2) A licence issued under this Act is not transferable or assignable without leave of the Board. 1998, c. 15, Sched. B, s. 18 (2).
Board’s powers, general
Power to determine law and fact
19. (1) The Board has in all matters within its jurisdiction authority to hear and determine all questions of law and of fact. 1998, c. 15, Sched. B, s. 19 (1).
Order
(2) The Board shall make any determination in a proceeding by order. 1998, c. 15, Sched. B, s. 19 (2); 2001, c. 9, Sched. F, s. 2 (1).
Reference
(3) If a proceeding before the Board is commenced by a reference to the Board by the Minister of Natural Resources, the Board shall proceed in accordance with the reference. 1998, c. 15, Sched. B, s. 19 (3).
Additional powers and duties
(4) The Board of its own motion may, and if so directed by the Minister under section 28 or otherwise shall, determine any matter that under this Act or the regulations it may upon an application determine and in so doing the Board has and may exercise the same powers as upon an application. 1998, c. 15, Sched. B, s. 19 (4).
Exception
(5) Unless specifically provided otherwise, subsection (4) does not apply to any application under the Electricity Act, 1998 or any other Act. 1998, c. 15, Sched. B, s. 19 (5).
Jurisdiction exclusive
(6) The Board has exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred on it by this or any other Act. 1998, c. 15, Sched. B, s. 19 (6).
Powers, procedures applicable to all matters
20. Subject to any provision to the contrary in this or any other Act, the powers and procedures of the Board set out in this Part apply to all matters before the Board under this or any other Act. 1998, c. 15, Sched. B, s. 20.
Board’s powers, miscellaneous
21. (1) The Board may at any time on its own motion and without a hearing give directions or require the preparation of evidence incidental to the exercise of the powers conferred upon the Board by this or any other Act. 1998, c. 15, Sched. B, s. 21 (1).
Hearing upon notice
(2) Subject to any provision to the contrary in this or any other Act, the Board shall not make an order under this or any other Act until it has held a hearing after giving notice in such manner and to such persons as the Board may direct. 1998, c. 15, Sched. B, s. 21 (2).
(3) Repealed: 2000, c. 26, Sched. D, s. 2 (2).
No hearing
(4) Despite section 4.1 of the Statutory Powers Procedure Act, the Board may, in addition to its power under that section, dispose of a proceeding without a hearing if,
(a) no person requests a hearing within a reasonable time set by the Board after the Board gives notice of the right to request a hearing; or
(b) the Board determines that no person, other than the applicant, appellant or licence holder will be adversely affected in a material way by the outcome of the proceeding and the applicant, appellant or licence holder has consented to disposing of a proceeding without a hearing.
(c) Repealed: 2003, c. 3, s. 20 (1).
1998, c. 15, Sched. B, s. 21 (4); 2002, c. 1, Sched. B, s. 3; 2003, c. 3, s. 20 (1).
Consolidation of proceedings
(5) Despite subsection 9.1 (1) of the Statutory Powers Procedure Act, the Board may combine two or more proceedings or any part of them, or hear two or more proceedings at the same time, without the consent of the parties. 2003, c. 3, s. 20 (2).
Non-application
(6) Subsection 9.1 (3) of the Statutory Powers Procedure Act does not apply to proceedings before the Board. 1998, c. 15, Sched. B, s. 21 (6).
Use of same evidence
(6.1) Despite subsection 9.1 (5) of the Statutory Powers Procedure Act, the Board may treat evidence that is admitted in a proceeding as if it were also admitted in another proceeding that is heard at the same time, without the consent of the parties to the second-named proceeding. 2003, c. 3, s. 20 (3).
Interim orders
(7) The Board may make interim orders pending the final disposition of a matter before it. 1998, c. 15, Sched. B, s. 21 (7).
Hearings under Consolidated Hearings Act
22. (1) Despite subsection 4 (4) of the Consolidated Hearings Act, the establishing authority under that Act may appoint one or more members of the Board to be members of a joint board holding a hearing under that Act with respect to an undertaking for which, but for the application of the Consolidated Hearings Act, a hearing before the Board is or may be required. 1998, c. 15, Sched. B, s. 22 (1).
Where term of member ends
(2) If a joint board commences to hold a hearing under the Consolidated Hearings Act and the term of office on the Ontario Energy Board of a member sitting for the joint hearing expires or is terminated before the proceeding is disposed of, the member shall remain a member of the joint board for the purpose of completing the disposition of the proceeding in the same manner as if his or her term of office had not expired or been terminated. 1998, c. 15, Sched. B, s. 22 (2).
Final decision
22.1 (1) The Board shall issue an order that embodies its final decision in a proceeding within 60 days after making the final decision. 2003, c. 3, s. 21.
Validity of decision not affected
(2) Failure to comply with subsection (1) does not affect the validity of the Board’s decision. 2003, c. 3, s. 21.
Conditions of orders
23. (1) The Board in making an order may impose such conditions as it considers proper, and an order may be general or particular in its application. 1998, c. 15, Sched. B, s. 23.
(2) Repealed: 2003, c. 3, s. 22.
Written reasons to be made available
24. All written reasons of the Board shall be kept by the secretary and be made available to any person upon payment of the required fee. 1998, c. 15, Sched. B, s. 24; 2003, c. 3, s. 23.
Obedience to orders of Board a good defence
25. An order of the Board is a good and sufficient defence to any proceeding brought or taken against any person in so far as the act or omission that is the subject of the proceeding is in accordance with the order. 1998, c. 15, Sched. B, s. 25.
Assessment
26. (1) Subject to the regulations, the Board’s management committee may assess those persons or classes of persons prescribed by regulation with respect to all expenses incurred and expenditures made by the Board in the exercise of any powers or duties under this or any other Act. 1998, c. 15, Sched. B, s. 26 (1) ; 2003, c. 3, s. 24.
Obligation to pay assessment
(2) Every person assessed under subsection (1) shall pay the amount assessed. 1998, c. 15, Sched. B, s. 26 (2).
Order to pay assessment
(3) If a person fails to pay an assessment made under subsection (1), the Board may, without a hearing, order that person to pay the assessment. 1998, c. 15, Sched. B, s. 26 (3).
Failure to pay
(4) If a licensee fails to pay an assessment in accordance with the order, the Board, without a hearing, may suspend or cancel that person’s licence. 1998, c. 15, Sched. B, s. 26 (4).
Payment of full amount
(5) The Board may reinstate the licence of a person whose licence was suspended or cancelled under subsection (4) if the person pays all amounts owing under this section. 1998, c. 15, Sched. B, s. 26 (5).
Regulations
(6) The Lieutenant Governor in Council may make regulations,
(a) prescribing persons or classes of persons liable to pay an assessment under subsection (1);
(b) prescribing the frequency of the assessments;
(c) respecting the manner in which an assessment under this section is carried out;
(d) prescribing the amount of the assessment or the method of calculating the amount;
(e) prescribing the proportion of the assessment for which each person or class of persons is liable or a method of determining the proportion;
(f) prescribing such other matters relating to the carrying out of an assessment as the Lieutenant Governor in Council considers appropriate. 1998, c. 15, Sched. B, s. 26 (6).
Scope
(7) A regulation under this section may be general or particular in its application. 1998, c. 15, Sched. B, s. 26 (7).
Policy directives
27. (1) The Minister may issue, and the Board shall implement, policy directives that have been approved by the Lieutenant Governor in Council concerning general policy and the objectives to be pursued by the Board. 1998, c. 15, Sched. B, s. 27 (1).
Publication
(2) A policy directive issued under this section shall be published in The Ontario Gazette. 1998, c. 15, Sched. B, s. 27 (2).
Conservation directives
27.1 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board to take steps specified in the directives to promote energy conservation, energy efficiency, load management or the use of cleaner energy sources, including alternative and renewable energy sources. 2002, c. 23, s. 4 (4).
Publication
(2) A directive issued under this section shall be published in The Ontario Gazette. 2002, c. 23, s. 4 (4).
Directives re: market rules, conditions
28. (1) In order to address the abuse or possible abuse of market power in the electricity sector, the Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council concerning market rules made under section 32 of the Electricity Act, 1998 and existing or proposed licence conditions. 1998, c. 15, Sched. B, s. 28 (1).
Hearing
(2) A directive issued under subsection (1) may require the Board to hold a hearing or not to hold a hearing. 1998, c. 15, Sched. B, s. 28 (2).
Licence condition directives
28.1 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board, in the manner specified in the directives, to amend conditions in licences issued by the Board that relate to the directive issued to the Board pursuant to an order of the Lieutenant Governor in Council that was dated March 24, 1999 and is available on request from the Minister. 2002, c. 23, s. 4 (5).
No hearing
(2) The Board shall amend the conditions as required by a directive without holding a hearing. 2002, c. 23, s. 4 (5).
Directives re: commodity risk
28.2 The Minister may issue, and the Board shall implement, directives approved by the Lieutenant Governor in Council directing the Board to take such steps or develop such processes as may be required by the directive to address risks or liabilities associated with customer billing and payment cycles in respect of the cost of electricity at the retail and at the wholesale levels and risks or liabilities associated with non-payment or default by a consumer or retailer. 2004, c. 23, Sched. B, s. 7.
29. (1) On an application or in a proceeding, the Board shall make a determination to refrain, in whole or part, from exercising any power or performing any duty under this Act if it finds as a question of fact that a licensee, person, product, class of products, service or class of services is or will be subject to competition sufficient to protect the public interest. 1998, c. 15, Sched. B, s. 29 (1).
Scope
(2) Subsection (1) applies to the exercise of any power or the performance of any duty of the Board in relation to,
(a) any matter before the Board;
(b) any licensee;
(c) any person who is subject to this Act;
(d) any person selling, transmitting, distributing or storing gas; or
(e) any product or class of products supplied or service or class of services rendered within the province by a licensee or a person who is subject to this Act. 1998, c. 15, Sched. B, s. 29 (2).
Where determination made
(3) For greater certainty, where the Board makes a determination to refrain in whole or in part from the exercise of any power or the performance of any duty under this Act, and does so refrain, nothing in this Act limits the application of the Competition Act (Canada) to those matters with respect to which the Board refrains. 1998, c. 15, Sched. B, s. 29 (3).
Notice
(4) Where the Board makes a determination under this section, it shall promptly give notice of that fact to the Minister. 1998, c. 15, Sched. B, s. 29 (4).
Costs
30. (1) The Board may order a person to pay all or part of a person’s costs of participating in a proceeding before the Board, a notice and comment process under section 45 or 70.2 or any other consultation process initiated by the Board. 2004, c. 23, Sched. B, s. 8.
Same
(2) The Board may make an interim or final order that provides,
(a) by whom and to whom any costs are to be paid;
(b) the amount of any costs to be paid or by whom any costs are to be assessed and allowed; and
(c) when any costs are to be paid. 2003, c. 3, s. 25 (1).
Rules
(3) The rules governing practice and procedure that are made under section 25.1 of the Statutory Powers Procedure Act may prescribe a scale under which costs shall be assessed. 2003, c. 3, s. 25 (1).
Inclusion of Board costs
(4) The costs may include the costs of the Board, regard being had to the time and expenses of the Board. 1998, c. 15, Sched. B, s. 30 (4).
Considerations not limited
(5) In awarding costs, the Board is not limited to the considerations that govern awards of costs in any court. 1998, c. 15, Sched. B, s. 30 (5).
Application
(6) This section applies despite section 17.1 of the Statutory Powers Procedure Act. 2003, c. 3, s. 25 (2).
31. (1) Repealed: 2002, c. 1, Sched. B, s. 5.
(2) Repealed: 2003, c. 3, s. 26.
Stated case
32. (1) The Board may, at the request of the Lieutenant Governor in Council or of its own motion or upon the motion of any party to proceedings before the Board and upon such security being given as it directs, state a case in writing for the opinion of the Divisional Court upon any question that is a question of law within the jurisdiction of the Board. 1998, c. 15, Sched. B, s. 32 (1); 2003, c. 3, s. 27.
Same
(2) The Divisional Court shall hear and determine the stated case and remit it to the Board with its opinion. 1998, c. 15, Sched. B, s. 32 (2).
Appeal to Divisional Court
33. (1) An appeal lies to the Divisional Court from,
(a) an order of the Board;
(b) the making of a rule under section 44; or
(c) the issuance of a code under section 70.1. 2003, c. 3, s. 28 (1).
Nature of appeal, timing
(2) An appeal may be made only upon a question of law or jurisdiction and must be commenced not later than 30 days after the making of the order or rule or the issuance of the code. 1998, c. 15, Sched. B, s. 33 (2); 2003, c. 3, s. 28 (2).
Board may be heard
(3) The Board is entitled to be heard by counsel upon the argument of an appeal. 1998, c. 15, Sched. B, s. 33 (3).
Board to act on court’s opinion
(4) The Divisional Court shall certify its opinion to the Board and the Board shall make an order in accordance with the opinion, but the order shall not be retroactive in its effect. 1998, c. 15, Sched. B, s. 33 (4).
Board not liable for costs
(5) The Board, or any member of the Board, is not liable for costs in connection with any appeal under this section. 1998, c. 15, Sched. B, s. 33 (5).
Order to take effect despite appeal
(6) Every order made under section 36 and section 78 takes effect at the time prescribed in the order, and its operation is not suspended by an appeal. 1998, c. 15, Sched. B, s. 33 (6).
Petition to L.G. in C.
34. (1) On the petition of any party or person interested, filed with the Clerk of the Executive Council within 28 days after the date the Board makes an order, makes a rule under section 44 or issues a code under section 70.1, the Lieutenant Governor in Council may,
(a) confirm the Board’s order, rule or code; or
(b) require the Board to review all or any part of the Board’s order, rule or code. 2003, c. 3, s. 29 (1).
Hearing
(2) The Lieutenant Governor in Council may require the Board to hold a hearing with respect to all or any part of the subject-matter of the order, rule or code. 1998, c. 15, Sched. B, s. 34 (2); 2003, c. 3, s. 29 (2).
No further petition
(3) If the Board has acted in accordance with the direction of the Lieutenant Governor in Council under clause (1) (b), the decision of the Board is not subject to petition under this section. 1998, c. 15, Sched. B, s. 34 (3).
Limitation
(4) This section does not apply to orders of the Board under Part IV or in respect of a licence for the retailing of electricity under Part V. 1998, c. 15, Sched. B, s. 34 (4).
Question referred to Board
35. The Minister may require the Board to examine, report and advise on any question respecting energy. 1998, c. 15, Sched. B, s. 35.
Order of Board required
36. (1) No gas transmitter, gas distributor or storage company shall sell gas or charge for the transmission, distribution or storage of gas except in accordance with an order of the Board, which is not bound by the terms of any contract. 1998, c. 15, Sched. B, s. 36 (1).
Order re: rates
(2) The Board may make orders approving or fixing just and reasonable rates for the sale of gas by gas transmitters, gas distributors and storage companies, and for the transmission, distribution and storage of gas. 1998, c. 15, Sched. B, s. 36 (2).
Power of Board
(3) In approving or fixing just and reasonable rates, the Board may adopt any method or technique that it considers appropriate. 1998, c. 15, Sched. B, s. 36 (3).
Contents of order
(4) An order under this section may include conditions, classifications or practices applicable to the sale, transmission, distribution or storage of gas, including rules respecting the calculation of rates. 1998, c. 15, Sched. B, s. 36 (4).
Deferral or variance accounts
(4.1) If a gas distributor has a deferral or variance account that relates to the commodity of gas, the Board shall, at least once every three months, make an order under this section that determines whether and how amounts recorded in the account shall be reflected in rates. 2003, c. 3, s. 30.
Same
(4.2) If a gas distributor has a deferral or variance account that does not relate to the commodity of gas, the Board shall, at least once every 12 months, or such shorter period as is prescribed by the regulations, make an order under this section that determines whether and how amounts recorded in the account shall be reflected in rates. 2003, c. 3, s. 30.
Same
(4.3) An order that determines whether and how amounts recorded in a deferral or variance account shall be reflected in rates shall be made in accordance with the regulations. 2003, c. 3, s. 30.
Same
(4.4) If an order that determines whether and how amounts recorded in a deferral or variance account shall be reflected in rates is made after the time required by subsection (4.1) or (4.2) and the delay is due in whole or in part to the conduct of a gas distributor, the Board may reduce the amount that is reflected in rates. 2003, c. 3, s. 30.
Same
(4.5) If an amount recorded in a deferral or variance account of a gas distributor is reflected in rates, the Board shall consider the appropriate number of billing periods over which the amount shall be divided in order to mitigate the impact on consumers. 2003, c. 3, s. 30.
Fixing other rates
(5) Upon an application for an order approving or fixing rates, the Board may, if it is not satisfied that the rates applied for are just and reasonable, fix such other rates as it finds to be just and reasonable. 1998, c. 15, Sched. B, s. 36 (5).
Burden of proof
(6) Subject to subsection (7), in an application with respect to rates for the sale, transmission, distribution or storage of gas, the burden of proof is on the applicant. 1998, c. 15, Sched. B, s. 36 (6).
Order, motion of Board or at request of Minister
(7) If the Board of its own motion, or upon the request of the Minister, commences a proceeding to determine whether any of the rates for the sale, transmission, distribution or storage of gas by any gas transmitter, gas distributor or storage company are just and reasonable, the Board shall make an order under subsection (2) and the burden of establishing that the rates are just and reasonable is on the gas transmitter, gas distributor or storage company, as the case may be. 1998, c. 15, Sched. B, s. 36 (7).
Exception
(8) This section does not apply to a municipality or municipal public utility commission transmitting or distributing gas under the Public Utilities Act on the day before this section comes into force. 1998, c. 15, Sched. B, s. 36 (8).
Gas storage areas
36.1 (1) The Board may by order,
(a) designate an area as a gas storage area for the purposes of this Act; or
(b) amend or revoke a designation made under clause (a). 2001, c. 9, Sched. F, s. 2 (2).
Transition
(2) Every area that was designated by regulation as a gas storage area on the day before this section came into force shall be deemed to have been designated under clause (1) (a) as a gas storage area on the day the regulation came into force. 2001, c. 9, Sched. F, s. 2 (2).
Prohibition, gas storage in undesignated areas
37. No person shall inject gas for storage into a geological formation unless the geological formation is within a designated gas storage area and unless, in the case of gas storage areas designated after January 31, 1962, authorization to do so has been obtained under section 38 or its predecessor. 1998, c. 15, Sched. B, s. 37; 2001, c. 9, Sched. F, s. 2 (3).
Authority to store
38. (1) The Board by order may authorize a person to inject gas into, store gas in and remove gas from a designated gas storage area, and to enter into and upon the land in the area and use the land for that purpose. 1998, c. 15, Sched. B, s. 38 (1).
Right to compensation
(2) Subject to any agreement with respect thereto, the person authorized by an order under subsection (1),
(a) shall make to the owners of any gas or oil rights or of any right to store gas in the area just and equitable compensation in respect of the gas or oil rights or the right to store gas; and
(b) shall make to the owner of any land in the area just and equitable compensation for any damage necessarily resulting from the exercise of the authority given by the order. 1998, c. 15, Sched. B, s. 38 (2).
Determination of amount of compensation
(3) No action or other proceeding lies in respect of compensation payable under this section and, failing agreement, the amount shall be determined by the Board. 1998, c. 15, Sched. B, s. 38 (3).
Appeal
(4) An appeal within the meaning of section 31 of the Expropriations Act lies from a determination of the Board under subsection (3) to the Divisional Court, in which case that section applies and section 33 of this Act does not apply. 1998, c. 15, Sched. B, s. 38 (4); 2003, c. 3, s. 31.
Gas storage, surplus facilities and approval of agreements
Allocation of surplus storage facilities
39. (1) Upon the application of a gas transmitter or gas distributor, the Board by order may direct a storage company having storage capacity and facilities that are not in full use to provide all or part of the storage capacity and facilities for the applicant upon such conditions as may be determined by the Board. 1998, c. 15, Sched. B, s. 39 (1).
Gas storage agreements to be approved
(2) No storage company shall enter into an agreement or renew an agreement with any person for the storage of gas unless the Board, with or without a hearing has approved,
(a) the parties to the agreement or renewal;
(b) the period for which the agreement or renewal is to be in operation; and
(c) the storage that is the subject of the agreement or renewal. 1998, c. 15, Sched. B, s. 39 (2).
Referral to Board of application for well licence
40. (1) The Minister of Natural Resources shall refer to the Board every application for the granting of a licence relating to a well in a designated gas storage area, and the Board shall report to the Minister of Natural Resources on it. 1998, c. 15, Sched. B, s. 40 (1).
Hearing
(2) The Board may hold a hearing before reporting to the Minister if the applicant does not have authority to store gas in the area or, in the Board’s opinion, the special circumstances of the case require a hearing. 1998, c. 15, Sched. B, s. 40 (2).
Copy of report to be sent to parties
(3) The Board shall send to each of the parties a copy of its report to the Minister made under subsection (1) within 10 days after submitting it to the Minister and such report shall be deemed to be an order of the Board within the meaning of section 34. 1998, c. 15, Sched. B, s. 40 (3).
Minister’s decision
(4) The Minister of Natural Resources shall grant or refuse to grant the licence in accordance with the report. 1998, c. 15, Sched. B, s. 40 (4).
Allocation of market demand
41. The Board by order may allocate a just and equitable share of the market demands for gas or oil to the several sources from which the gas or oil is produced and to the several interests within a field or pool. 1998, c. 15, Sched. B, s. 41.
Duties of gas transmitters and distributors
Discontinuance of transmission or distribution
42. (1) Subject to the Technical Standards and Safety Act, 2000 and the regulations made under that Act, and in the absence of an agreement to the contrary between the parties affected, no gas transmitter shall voluntarily discontinue transmitting gas to a gas distributor without leave of the Board. 1998, c. 15, Sched. B, s. 42 (1); 2002, c. 17, Sched. F, Table; 2003, c. 3, s. 32.
Duty of gas distributor
(2) Subject to the Public Utilities Act, the Technical Standards and Safety Act, 2000 and the regulations made under the latter Act and to sections 80, 81, 82 and 83 of the Municipal Act, 2001, a gas distributor shall provide gas distribution services to any building along the line of any of the gas distributor’s distribution pipe lines upon the request in writing of the owner, occupant or other person in charge of the building. 1998, c. 15, Sched. B, s. 42 (2); 2002, c. 17, Sched. F, Table.
Order
(3) Upon application, the Board may order a gas transmitter, gas distributor or storage company to provide any gas sale, transmission, distribution or storage service or cease to provide any gas sale service. 1998, c. 15, Sched. B, s. 42 (3).
Restriction
(4) Despite subsection 19 (4), the Board may not commence a proceeding under subsection (3) on its own motion. 1998, c. 15, Sched. B, s. 42 (4).
Change in ownership or control of systems
Disposal
43. (1) No gas transmitter, gas distributor or storage company, without first obtaining from the Board an order granting leave, shall,
(a) sell, lease or otherwise dispose of its gas transmission, gas distribution or gas storage system as an entirety or substantially as an entirety;
(b) sell, lease or otherwise dispose of that part of a system described in paragraph (a) that is necessary in serving the public; or
(c) amalgamate with any other corporation. 1998, c. 15, Sched. B, s. 43 (1).
Same
(1.1) Subsection (1) does not apply with respect to a disposition of securities of a gas transmitter, gas distributor or storage company, or of a corporation that owns securities in a gas transmitter, gas distributor or storage company. 2003, c. 3, s. 33.
Acquisition of share control
(2) No person, without first obtaining an order from the Board granting leave, shall,
(a) acquire such number of voting securities of a gas transmitter, gas distributor or storage company that together with voting securities already held by such person and one or more affiliates or associates of that person, will in the aggregate exceed 20 per cent of the voting securities of a gas transmitter, gas distributor or storage company; or
(b) acquire control of any corporation that holds, directly or indirectly, more than 20 per cent of the voting securities of a gas transmitter, gas distributor or storage company if such voting securities constitute a significant asset of that corporation. 1998, c. 15, Sched. B, s. 43 (2).
Same
(2.1) Subsection (2) does not apply to,
(a) an underwriter (within the meaning of the Securities Act) who holds the voting securities solely for the purpose of distributing them to the public;
(b) any person or entity who is acting in relation to the voting securities solely in the capacity of an intermediary in the payment of funds or the delivery of securities or both in connection with trades in securities and who provides centralized facilities for the clearing of trades in securities; or
(c) any person or entity who holds the voting securities by way of security only. 2003, c. 3, s. 33.
Significant asset
(3) For the purpose of subsection (2),
(a) an asset is a significant asset if its value is 20 per cent or more of the aggregate book value of the total assets of a person, determined on a consolidated basis in accordance with generally accepted accounting principles; and
(b) “control”, with respect to a corporation, has the same meaning as in the Business Corporations Act. 1998, c. 15, Sched. B, s. 43 (3).
Valuation of voting securities
(4) For the purpose of determining whether voting securities constitute a significant asset, the value of the voting securities shall be deemed to be,
(a) the market value of the securities if more than 20 per cent of the voting securities are publicly traded; and
(b) 115 per cent of the book value of the voting securities, as determined by the equity method of accounting, in all other cases. 1998, c. 15, Sched. B, s. 43 (4).
Mortgages
(5) This section does not apply to a mortgage or charge to secure any loan or indebtedness or to secure any bond, debenture or other evidence of indebtedness. 1998, c. 15, Sched. B, s. 43 (5).
Leave
(6) An application for leave under this section shall be made to the Board, which shall grant or refuse leave. 1998, c. 15, Sched. B, s. 43 (6).
Void agreement
(7) An amalgamation agreement between the corporations that propose to amalgamate is void if the Board refuses to grant leave under this section, even if the amalgamation agreement has been adopted in accordance with subsection 176 (4) of the Business Corporations Act. 1998, c. 15, Sched. B, s. 43 (7).
Void certificate
(8) A certificate of amalgamation endorsed by the director appointed under section 278 of the Business Corporations Act is void if it is endorsed before leave of the Board for the amalgamation is granted. 1998, c. 15, Sched. B, s. 43 (8).
Rules
44. (1) The Board may make rules,
(a) governing the conduct of a gas transmitter, gas distributor or storage company as such conduct relates to its affiliates;
(b) governing the conduct of a gas distributor as such conduct relates to any person,
(i) selling or offering to sell gas to a consumer,
(ii) acting as agent or broker for a seller of gas to a consumer, or
(iii) acting or offering to act as the agent or broker of a consumer in the purchase of gas;
(c) governing the conduct of persons holding a licence issued under Part IV;
(d) establishing conditions of access to transmission, distribution and storage services provided by a gas transmitter, gas distributor or storage company;
(e) establishing classes of gas transmitters, gas distributors and storage companies;
(f) requiring and providing for the making of returns, statements or reports by any class of gas transmitters, gas distributors or storage companies relating to the transmission, distribution, storage or sale of gas, in such form and containing such matters and verified in such manner as the rule may provide;
(g) requiring and providing for an affiliate of a gas transmitter, gas distributor or storage company to make returns, statements or reports relating to the transmission, distribution, storage or sale of gas by the gas transmitter, gas distributor or storage company of which it is the affiliate, in such form and containing such matters and verified in such manner as the rule may provide;
(h) establishing a uniform system of accounts applicable to any class of gas transmitters, gas distributors or storage companies;
(i) respecting any other matter prescribed by regulation. 1998, c. 15, Sched. B, s. 44 (1).
Quorum
(1.1) For the purposes of this section and section 45, two members of the Board constitute a quorum. 2003, c. 3, s. 34 (1).
Approval, etc., of Board
(2) A rule may require an approval, consent or determination of the Board, with or without a hearing, for any of the matters provided for in the rule. 2003, c. 3, s. 34 (2).
Incorporation by reference
(3) A rule authorized by this section may incorporate by reference, in whole or in part, any standard, procedure or guideline and may require compliance with any standard, procedure or guideline adopted. 1998, c. 15, Sched. B, s. 44 (3).
Scope
(4) A rule may be general or particular in its application and may be limited as to time or place or both. 1998, c. 15, Sched. B, s. 44 (4).
Exemption
(5) A rule may authorize the Board to grant an exemption to it. 2000, c. 26, Sched. D, s. 2 (3).
Same
(6) An exemption or a removal of an exemption,
(a) may be granted or made in whole or in part; and
(b) may be granted or made subject to conditions or restrictions. 2000, c. 26, Sched. D, s. 2 (3).
Non-application
(7) The Regulations Act does not apply to the rules made by the Board. 1998, c. 15, Sched. B, s. 44 (7).
Proposed rules, notice and comment
45. (1) The Board shall ensure that notice of every rule that it proposes to make under section 44 is given in such manner and to such persons as the Board may determine. 1998, c. 15, Sched. B, s. 45 (1); 2003, c. 3, s. 35 (1).
Content of notice
(2) The notice must include,
(a) the proposed rule or a summary of the proposed rule;
(b) a concise statement of the purpose of the proposed rule;
(c) an invitation to make written representations with respect to the proposed rule;
(d) the time limit for making written representations;
(e) if a summary is provided, information about how the entire text of the proposed rule may be obtained; and
(f) a description of the anticipated costs and benefits of the proposed rule. 1998, c. 15, Sched. B, s. 45 (2).
Opportunity for comment
(3) Upon giving notice under subsection (1), the Board shall give a reasonable opportunity to interested persons to make written representations with respect to the proposed rule within such reasonable period as the Board considers appropriate. 1998, c. 15, Sched. B, s. 45 (3).
Exceptions to notice requirement
(4) Notice under subsection (1) is not required if what is proposed is an amendment that does not materially change an existing rule. 1998, c. 15, Sched. B, s. 45 (4).
Notice of changes
(5) If, after considering the submissions, the Board proposes material changes to the proposed rule, the Board shall ensure notice of the proposed changes is given in such manner and to such persons as the Board may determine. 1998, c. 15, Sched. B, s. 45 (5); 2003, c. 3, s. 35 (2).
Content of notice
(6) The notice must include,
(a) the proposed rule with the changes incorporated or a summary of the proposed changes;
(b) a concise statement of the purpose of the changes;
(c) an invitation to make written representations with respect to the proposed rule;
(d) the time limit for making written representations;
(e) if a summary is provided, information about how the entire text of the proposed rule may be obtained; and
(f) a description of the anticipated costs and benefits of the proposed rule. 1998, c. 15, Sched. B, s. 45 (6).
Representations re: changes
(7) Upon giving notice of changes, the Board shall give a reasonable opportunity to interested persons to make written representations with respect to the changes within such reasonable period as the Board considers appropriate. 1998, c. 15, Sched. B, s. 45 (7).
Making the rule
(8) If notice under this section is required, the Board may make the rule only at the end of this process and after considering all representations made as a result of that process. 1998, c. 15, Sched. B, s. 45 (8).
Public inspection
(9) The Board must make the proposed rule and the written representations made under this section available for public inspection during normal business hours at the offices of the Board. 1998, c. 15, Sched. B, s. 45 (9).
Consultation
(10) If the Board proposes to make a rule under clause 44 (1) (a), notice shall not be given under subsection (1) until after the Board has consulted with gas transmitters, gas distributors or storage companies, as appropriate. 1998, c. 15, Sched. B, s. 45 (10).
Amendment
(11) In this section, a rule includes an amendment to a rule and a revocation of a rule. 1998, c. 15, Sched. B, s. 45 (11).
Rules, effective date and gazette publication
46. (1) A rule comes into force on the day specified in the rule. 1998, c. 15, Sched. B, s. 46 (1).
Publication
(2) The Board shall publish every rule that comes into force in The Ontario Gazette as soon after the rule is made as practicable. 1998, c. 15, Sched. B, s. 46 (2).
Effect of non-publication
(3) A rule that is not published is not effective against a person who has not had actual notice of it. 1998, c. 15, Sched. B, s. 46 (3).
Effect of publication
(4) Publication of a rule in The Ontario Gazette,
(a) is, in the absence of evidence to the contrary, proof of its text and of its making; and
(b) shall be deemed to be notice of its contents to every person subject to it or affected by it. 1998, c. 15, Sched. B, s. 46 (4).
Judicial notice
(5) If a rule is published in The Ontario Gazette, judicial notice shall be taken of it, of its content and of its publication. 1998, c. 15, Sched. B, s. 46 (5).
Definitions, Part IV
“gas marketer” means a person who,
(a) sells or offers to sell gas to a low-volume consumer,
(b) acts as the agent or broker for a seller of gas to a low-volume consumer, or
(c) acts or offers to act as the agent or broker of a low-volume consumer in the purchase of gas,
and “gas marketing” has a corresponding meaning; (“agent de commercialisation de gaz”, “commercialisation de gaz”)
“low-volume consumer” means a person who annually uses less than the amount of gas prescribed by regulation. (“petit consommateur”) 1998, c. 15, Sched. B, s. 47.
Requirement to hold licence
48. (1) No person shall carry on business as a gas marketer unless the person holds a gas marketer’s licence. 1998, c. 15, Sched. B, s. 48 (1).
Restriction on name use
(2) A gas marketer shall not carry on business in a name other than the name in which it is licensed unless authorized to do so in the licence. 1998, c. 15, Sched. B, s. 48 (2).
Exclusion
(3) This section does not apply to,
(a) a gas distributor acting in accordance with an order of the Board; or
(b) a gas distributor to whom section 36 does not apply pursuant to an exemption set out in the regulations. 2003, c. 3, s. 36.
Where not in compliance
49. A gas marketing contract between a low-volume consumer and a person who is not in compliance with section 48 may not be enforced against that consumer. 1998, c. 15, Sched. B, s. 49.
Application for licence
50. (1) A person may apply to the Board for the issuance or renewal of a gas marketing licence. 2003, c. 3, s. 37.
Regulations
(2) The Lieutenant Governor in Council may make regulations prescribing requirements for a gas marketing licence which, if not met, will result in the refusal to issue or renew a licence. 2003, c. 3, s. 37.
Licence conditions
51. A licence under this Part may contain such conditions as are appropriate having regard to the objectives of the Board. 2003, c. 3, s. 37.
Amendment of licence
52. The Board may, on the application of any person, amend a licence if it considers the amendment to be,
(a) necessary to implement a directive issued under section 27 or 27.1; or
(b) in the public interest, having regard to the objectives of the Board. 2003, c. 3, s. 37.
Cancellation on request
53. The Board may cancel a licence on the request in writing of the licence holder. 2003, c. 3, s. 38.
54. Repealed: 2003, c. 3, s. 39.
55. Repealed: 2003, c. 3, s. 39.
PART V
REGULATION OF ELECTRICITY
Definitions, Part V
“alternative energy source” means an energy source that is an alternative energy source for the purposes of the Electricity Act, 1998; (“source d’énergie de remplacement”)
“ancillary services” means services necessary to maintain the reliability of the IESO-controlled grid, including frequency control, voltage control, reactive power and operating reserve services; (“services accessoires”)
“consumer” means a person who uses, for the person’s own consumption, electricity that the person did not generate; (“consommateur”)
“designated consumer” means a consumer, other than a low-volume consumer, that,
(a) is a municipality as defined in the Municipal Act, 2001,
(b) is a university or college of applied arts and technology or other post-secondary education institution that receives regular and ongoing operating funds from Ontario for the purpose of providing post-secondary education,
(c) is a board or private school, both as defined in the Education Act,
(d) is a hospital as defined in the Public Hospitals Act, a private hospital operated under the authority of a licence issued under the Private Hospitals Act, an institution as defined in the Mental Hospitals Act, a nursing home within the meaning of the Nursing Homes Act or a home within the meaning of the Homes for the Aged and Rest Homes Act,
(e) is a registered charity as defined in subsection 248 (1) of the Income Tax Act (Canada) that has a registration number issued by the Canada Customs and Revenue Agency, or
(f) is a consumer prescribed by the regulations or a member of a class of consumers prescribed by the regulations; (“consommateur désigné”)
Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “designated consumer” is repealed by the Statutes of Ontario, 2004, chapter 23, Schedule B, subsection 9 (3). See: 2004, c. 23, Sched. B, ss. 9 (3), 34 (2).
“distribute”, with respect to electricity, means to convey electricity at voltages of 50 kilovolts or less; (“distribuer”)
“distribution system” means a system for distributing electricity, and includes any structures, equipment or other things used for that purpose; (“réseau de distribution”)
“distributor” means a person who owns or operates a distribution system; (“distributeur”)
“Financial Corporation” has the same meaning as in the Electricity Act, 1998; (“Société financière”)
“generate”, with respect to electricity, means to produce electricity or provide ancillary services, other than ancillary services provided by a transmitter or distributor through the operation of a transmission or distribution system; (“produire”)
“generation facility” means a facility for generating electricity or providing ancillary services, other than ancillary services provided by a transmitter or distributor through the operation of a transmission or distribution system, and includes any structures, equipment or other things used for that purpose; (“installation de production”)
“generator” means a person who owns or operates a generation facility; (“producteur”)
“IESO” means the Independent Electricity System Operator under the Electricity Act, 1998; (“SIERE”)
“IESO-administered markets” means the markets established by the market rules under the Electricity Act, 1998; (“marchés administrés par la SIERE”)
“IESO-controlled grid” means the transmission systems with respect to which, pursuant to agreements, the IESO has authority to direct operations; (“réseau dirigé par la SIERE”)
“low-volume consumer” means a consumer who annually uses less than 150,000 kilowatt hours of electricity or such other amount of electricity as is prescribed by the regulations; (“petit consommateur”)
Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “low-volume consumer” is repealed by the Statutes of Ontario, 2004, chapter 23, Schedule B, subsection 9 (6). See: 2004, c. 23, Sched. B, ss. 9 (6), 34 (2).
“market participant” means a person who is authorized by the market rules to participate in the IESO-administered markets or to cause or permit electricity to be conveyed into, through or out of the IESO-controlled grid; (“intervenant du marché”)
“market rules” means the rules made under section 32 of the Electricity Act, 1998; (“règles du marché”)
“OPA” means the Ontario Power Authority established under the Electricity Act, 1998; (“OEO”)
“renewable energy source” means an energy source that is a renewable energy source for the purposes of the Electricity Act, 1998; (“source d’énergie renouvelable”)
“retail”, with respect to electricity, means,
(a) to sell or offer to sell electricity to a consumer,
(b) to act as agent or broker for a retailer with respect to the sale or offering for sale of electricity, or
(c) to act or offer to act as an agent or broker for a consumer with respect to the sale or offering for sale of electricity; (“vendre au détail”)
“Retail Settlement Code” means the Retail Settlement Code issued by the Board, as amended from time to time; (“code appelé Retail Settlement Code”)
“retailer” means a person who retails electricity; (“détaillant”)
“transmission system” means a system for transmitting electricity, and includes any structures, equipment or other things used for that purpose; (“réseau de transport”)
“transmit”, with respect to electricity, means to convey electricity at voltages of more than 50 kilovolts; (“transporter”)
“transmitter” means a person who owns or operates a transmission system. (“transporteur”) 1998, c. 15, Sched. B, s. 56; 2002, c. 23, s. 4 (6, 7); 2003, c. 3, s. 40; 2004, c. 23, Sched. B, s. 9 (1, 2), (4, 5), (7-9).
Requirement to hold licence
57. The OPA shall neither exercise its powers nor perform its duties under the Electricity Act, 1998 unless licensed to do so under this Part and no other person shall, unless licensed to do so under this Part,
(a) own or operate a distribution system;
(b) own or operate a transmission system;
(c) generate electricity or provide ancillary services for sale through the IESO-administered markets or directly to another person;
(d) retail electricity;
(e) purchase electricity or ancillary services in the IESO-administered markets or directly from a generator;
(f) sell electricity or ancillary services through the IESO-administered markets or directly to another person, other than a consumer;
(g) direct the operation of transmission systems in Ontario;
(h) operate the market established by the market rules; or
(i) engage in an activity prescribed by the regulations that relates to electricity. 1998, c. 15, Sched. B, s. 57; 2002, c. 1, Sched. B, s. 6; 2004, c. 23, Sched. B, s. 10.
58. Repealed: 2003, c. 3, s. 41.
Interim licences
Emergency
59. (1) Despite this Act, the Board may issue an interim licence authorizing a person to undertake any of the activities described in section 57 if the Board considers it necessary to do so to ensure the reliable supply of electricity to consumers. 1998, c. 15, Sched. B, s. 59 (1).
Powers of Board
(2) If the Board has determined that a distributor has failed or is likely to fail to meet its obligations under section 29 of the Electricity Act, 1998, it may,
(a) require the licensee, as a condition of an interim licence, to take possession and control of the business of the distributor;
(b) order the distributor to surrender possession and control of its business to the person licensed under subsection (1); and
(c) without a hearing, amend or suspend the licence of a distributor. 1998, c. 15, Sched. B, s. 59 (2); 2003, c. 3, s. 42 (1).
Conduct under cl. (2) (a)
(3) A person who is required under clause (2) (a) to take possession and control of the business of a distributor may, subject to the conditions of the interim licence, carry on, manage and conduct the operations of the business in the name of the distributor, including,
(a) preserving, maintaining and adding to the property of the business;
(b) receiving the income and revenue of the business;
(c) issuing cheques from, withdrawing money from and otherwise dealing with the accounts of the business;
(d) retaining or dismissing employees, consultants, counsel and other assistance for the business;
(e) directing the employees of the business; and
(f) conducting, settling and commencing litigation relating to the business. 2003, c. 3, s. 42 (2).
Liability
(3.1) A person who is required under clause (2) (a) to take possession and control of the business of a distributor is not liable for anything that results from taking possession and control of the business or otherwise exercising or performing the person’s powers and duties under this Act, the interim licence or any order of the Board, unless liability arises from the person’s negligence or wilful misconduct. 2003, c. 3, s. 42 (2).
Disposal of assets
(4) A person described in subsection (3) may dispose of such assets as are ordinarily disposed of in the normal course of carrying on the business of a distributor. 1998, c. 15, Sched. B, s. 59 (4).
No notice
(5) The Board may act under this section without notice and without a hearing. 1998, c. 15, Sched. B, s. 59 (5).
Review
(6) The Board shall, upon the request of a distributor against whom an order is made under clause (2) (b), hold a hearing to review the order. 1998, c. 15, Sched. B, s. 59 (6).
Order not stayed
(7) A request for a hearing does not stay the order made under clause (2) (b). 1998, c. 15, Sched. B, s. 59 (7).
Action on review
(8) After the hearing, the Board may confirm or amend its order and may extend the order. 1998, c. 15, Sched. B, s. 59 (8).
Term of licence
(9) An order made or licence issued under this section expires three months after it is made or issued unless the Board orders that it be extended. 1998, c. 15, Sched. B, s. 59 (9).
Retain ownership
(10) Despite subsection (2) or (3), and subject to subsection (4) a distributor to whom an order is issued under clause (2) (b) retains ownership of any assets of the business that the distributor owned before the order was issued, subject to any encumbrances. 1998, c. 15, Sched. B, s. 59 (10).
No compensation
(11) A distributor to whom an order is issued under clause (2) (b) is not entitled to any compensation from the Crown, the Board or any person for being required to surrender possession and control of its business. 1998, c. 15, Sched. B, s. 59 (11).
Application for licence
60. (1) A person may apply to the Board for the issuance or renewal of a licence authorizing one or more of the activities referred to in section 57 as specified in the application. 1998, c. 15, Sched. B, s. 60 (1); 2003, c. 3, s. 43 (1).
(2) Repealed: 2003, c. 3, s. 43 (2).
61. Repealed: 2003, c. 3, s. 44.
62. Repealed: 2003, c. 3, s. 44.
63. Repealed: 2003, c. 3, s. 44.
64. Repealed: 2003, c. 3, s. 44.
65. Repealed: 2003, c. 3, s. 44.
Mutual access, electricity generated outside Ontario
66. If an application for a licence relates to electricity generated from facilities located in a jurisdiction outside of Ontario, the Board may, in determining whether or not to issue a licence, have regard to whether that jurisdiction allows for equivalent access to its electricity markets for electricity generated from facilities located in Ontario. 1998, c. 15, Sched. B, s. 66; 2003, c. 3, s. 45.
67. Repealed: 2003, c. 3, s. 46.
68. Repealed: 2003, c. 3, s. 46.
69. Repealed: 2003, c. 3, s. 46.
Licence conditions
70. (1) A licence under this Part may prescribe the conditions under which a person may engage in an activity set out in section 57 and a licence may also contain such other conditions as are appropriate having regard to the objectives of the Board and the purposes of the Electricity Act, 1998. 1998, c. 15, Sched. B, s. 70 (1).
Examples of conditions
(2) The conditions of a licence may include provisions,
(a) specifying the period of time during which the licence will be in effect;
(b) requiring the licensee to provide, in the manner and form determined by the Board, such information as the Board may require;
(c) requiring the licensee to enter into agreements with other persons on specified terms (including terms for a specified duration) approved by the Board relating to its trading or operations or for the connection to or use of any lines or plant owned or operated by the licensee or the other party to the agreement;
(d) governing the conduct of the licensee, including the conduct of,
(i) a transmitter or distributor as that conduct relates to its affiliates,
(ii) a distributor as that conduct relates to a retailer,
(iii) a retailer, and
(iv) a generator, retailer or person licensed to engage in an activity described in clause 57 (f) or an affiliate of that person as that conduct relates to the abuse or possible abuse of market power;
(e) specifying methods or techniques to be applied in determining the licensee’s rates;
(f) requiring the licensee to maintain specified accounting records, prepare accounts according to specified principles and maintain organizational units or separate accounts for separate businesses in order to prohibit subsidies between separate businesses;
(g) specifying performance standards, targets and criteria;
(h) specifying connection or retailing obligations to enable reasonable demands for electricity to be met;
(i) specifying information reporting requirements relating to the source of electricity and emissions caused by the generation of electricity;
(j) requiring the licensee to expand or reinforce its transmission or distribution system in accordance with market rules in such a manner as the IESO or the Board may determine;
(k) requiring the licensee to enter into an agreement with the IESO that gives the IESO the authority to direct operations of the licensee’s transmission system;
(l) requiring the licensee to implement transmission requirements identified in an integrated power system plan approved under Part II.2 of the Electricity Act, 1998;
(m) requiring licensees, where a directive has been issued under section 28.2, to implement such steps or such processes as the Board or the directive requires in order to address risks or liabilities associated with customer billing and payment cycles in respect of the cost of electricity at the retail and at the wholesale levels and risks or liabilities associated with non-payment or default by a consumer or retailer. 1998, c. 15, Sched. B, s. 70 (2); 2003, c. 3, s. 47 (1); 2004, c. 23, Sched. B, s. 11 (1-3).
Where no agreement
(3) If the parties to an agreement under clause (2) (k) cannot agree on a proposed amendment to the agreement, the parties may jointly apply to the Board for a resolution of the matter. 1998, c. 15, Sched. B, s. 70 (3).
Market rules
(4) Every licence shall be deemed to contain a condition that the licensee comply with the market rules that apply to that licensee. 1998, c. 15, Sched. B, s. 70 (4).
Abuse of market power
(5) Without limiting the generality of subsection (1), a licence to engage in an activity described in clause 57 (c), (d) or (f) may contain conditions to address the abuse or possible abuse of market power, including conditions,
(a) establishing minimum and maximum prices or a range of prices at which electricity may be offered for sale or sold through the IESO-administered markets or directly to another person or class of persons;
(b) restricting the duration of contracts between licensees and any other person; and
(c) restricting significant investment in or acquisition of generation facilities located in Ontario. 1998, c. 15, Sched. B, s. 70 (5); 2004, c. 23, Sched. B, s. 11 (4).
Non-exclusive
(6) Unless it provides otherwise, a licence under this Part shall not hinder or restrict the grant of a licence to another person within the same area and the licensee shall not claim any right of exclusivity. 1998, c. 15, Sched. B, s. 70 (6).
Distributors: connection of generation facilities
(6.1) The licence issued to a distributor shall contain conditions governing the connection of generation facilities to the distribution system, including the maximum cumulative generating capacity from generators to whom the regulations made under clause 88 (1) (g.1) apply that the distributor must allow to be connected to the distribution system. 2002, c. 23, s. 4 (8).
Requirement to provide information
(7) Every licence shall be deemed to contain a condition that the licensee is required to provide such reasonable information to the IESO or the OPA as either of them may require, in the manner and form specified by whichever of them makes the request for the information. 2004, c. 23, Sched. B, s. 11 (5).
Conditions of OPA licence
(8) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council respecting conditions to be included by the Board in a licence issued to the OPA. 2004, c. 23, Sched. B, s. 11 (5).
Affiliates
(9) The licence of a distributor shall specify whether the distributor will comply with section 29 of the Electricity Act, 1998,
(a) directly;
(b) through an affiliate;
(c) through another person with whom the distributor or an affiliate of the distributor has a contract; or
(d) through a combination of methods described in clauses (a), (b) and (c), as specified. 1998, c. 15, Sched. B, s. 70 (9); 2002, c. 1, Sched. B, s. 7.
Exception
(10) Despite clause (9) (a) and any licence, a distributor shall not comply with section 29 of the Electricity Act, 1998 directly after the date prescribed by regulation. 1998, c. 15, Sched. B, s. 70 (10).
Service area of distributor
(11) The licence of a distributor shall specify the area in which the distributor is authorized to distribute electricity. 1998, c. 15, Sched. B, s. 70 (11).
Non-discriminatory access
(12) If a transmitter or distributor is exempt from the requirement to provide non-discriminatory access to its transmission or distribution system in Ontario by regulation made under the Electricity Act, 1998, a licence under this Part shall not include a condition requiring the provision of non-discriminatory access unless the licensee has consented to the condition. 1998, c. 15, Sched. B, s. 70 (12).
Limitation
(13) A licence under this Part shall not require a person to dispose of assets or to undertake a significant corporate reorganization. 1998, c. 15, Sched. B, s. 70 (13).
Exclusion
(14) Despite subsection (13), a licence under this Part may require a distributor to establish an affiliate through which it shall comply with subsection (9) or section 73. 1998, c. 15, Sched. B, s. 70 (14).
Scope
(15) This section applies to the exercise of any power under this Act or the Electricity Act, 1998 in relation to a licence referred to in section 57. 1998, c. 15, Sched. B, s. 70 (15).
Codes that may be incorporated as licence conditions
70.1 (1) The Board may issue codes that, with such modifications or exemptions as may be specified by the Board under section 70, may be incorporated by reference as conditions of a licence under that section. 2003, c. 3, s. 48.
Quorum
(2) For the purposes of this section and section 70.2, two members of the Board constitute a quorum. 2003, c. 3, s. 48.
Approval, etc., of Board
(3) A code issued under this section may provide that an approval, consent or determination of the Board is required, with or without a hearing, for any of the matters provided for in the code. 2003, c. 3, s. 48.
Incorporation of standards, etc.
(4) A code issued under this section may incorporate by reference, in whole or in part, any standard, procedure or guideline. 2003, c. 3, s. 48.
Scope
(5) A code may be general or particular in its application and may be limited as to time or place or both. 2003, c. 3, s. 48.
Regulations Act
(6) The Regulations Act does not apply to a code issued under this section. 2003, c. 3, s. 48.
Transition
(7) The following documents issued by the Board, as they read immediately before this section came into force, shall be deemed to be codes issued under this section and the Board may change or amend the codes in accordance with this section and sections 70.2 and 70.3:
1. The Affiliate Relationships Code for Electricity Transmitters and Distributors.
2. The Distribution System Code.
3. The Electricity Retailer Code of Conduct.
4. The Retail Settlement Code.
5. The Transmission System Code.
6. Such other documents as are prescribed by the regulations. 2003, c. 3, s. 48.
Proposed codes, notice and comment
70.2 (1) The Board shall ensure that notice of every code that it proposes to issue under section 70.1 is given in such manner and to such persons as the Board may determine. 2003, c. 3, s. 48.
Content of notice
(2) The notice must include,
(a) the proposed code or a summary of the proposed code;
(b) a concise statement of the purpose of the proposed code;
(c) an invitation to make written representations with respect to the proposed code;
(d) the time limit for making written representations;
(e) if a summary is provided, information about how the entire text of the proposed code may be obtained; and
(f) a description of the anticipated costs and benefits of the proposed code. 2003, c. 3, s. 48.
Opportunity for comment
(3) On giving notice under subsection (1), the Board shall give a reasonable opportunity to interested persons to make written representations with respect to the proposed code within such reasonable period as the Board considers appropriate. 2003, c. 3, s. 48.
Exceptions to notice requirement
(4) Notice under subsection (1) is not required if what is proposed is an amendment that does not materially change an existing code. 2003, c. 3, s. 48.
Notice of changes
(5) If, after considering the submissions, the Board proposes material changes to the proposed code, the Board shall ensure notice of the proposed changes is given in such manner and to such persons as the Board may determine. 2003, c. 3, s. 48.
Content of notice
(6) The notice must include,
(a) the proposed code with the changes incorporated or a summary of the proposed changes;
(b) a concise statement of the purpose of the changes;
(c) an invitation to make written representations with respect to the proposed code;
(d) the time limit for making written representations;
(e) if a summary is provided, information about how the entire text of the proposed code may be obtained; and
(f) a description of the anticipated costs and benefits of the proposed code. 2003, c. 3, s. 48.
Representations re: changes
(7) On giving notice of changes, the Board shall give a reasonable opportunity to interested persons to make written representations with respect to the changes within such reasonable period as the Board considers appropriate. 2003, c. 3, s. 48.
Issuing the code
(8) If notice under this section is required, the Board may issue the code only at the end of this process and after considering all representations made as a result of that process. 2003, c. 3, s. 48.
Public inspection
(9) The Board must make the proposed code and the written representations made under this section available for public inspection during normal business hours at the offices of the Board. 2003, c. 3, s. 48.
Amendment of code
(10) In this section, a code includes an amendment to a code and a revocation of a code. 2003, c. 3, s. 48.
Effective date and gazette publication
70.3 (1) A code issued under section 70.1 comes into force on the day specified in the code. 2003, c. 3, s. 48.
Publication
(2) The Board shall publish every code that comes into force in The Ontario Gazette as soon after the code is issued as practicable. 2003, c. 3, s. 48.
Effect of non-publication
(3) A code that is not published is not effective against a person who has not had actual notice of it. 2003, c. 3, s. 48.
Effect of publication
(4) Publication of a code in The Ontario Gazette,
(a) is, in the absence of evidence to the contrary, proof of its text and of its issuance; and
(b) shall be deemed to be notice of its contents to every person subject to it or affected by it. 2003, c. 3, s. 48.
Judicial notice
(5) If a code is published in The Ontario Gazette, judicial notice shall be taken of it, of its content and of its publication. 2003, c. 3, s. 48.
Restriction on business activity
71. (1) Subject to subsection 70 (9) and subsection (2) of this section, a transmitter or distributor shall not, except through one or more affiliates, carry on any business activity other than transmitting or distributing electricity. 2004, c. 23, Sched. B, s. 12.
Exception
(2) Subject to section 80 and such rules as may be prescribed by the regulations, a transmitter or distributor may provide services in accordance with section 29.1 of the Electricity Act, 1998 that would assist the Government of Ontario in achieving its goals in electricity conservation, including services related to,
(a) the promotion of electricity conservation and the efficient use of electricity;
(b) electricity load management; or
(c) the promotion of cleaner energy sources, including alternative energy sources and renewable energy sources. 2004, c. 23, Sched. B, s. 12.
Separate accounts
72. Every distributor shall keep its financial records associated with distributing electricity separate from its financial records associated with other activities. 1998, c. 15, Sched. B, s. 72.
Municipally-owned distributors
73. (1) If one or more municipal corporations own, directly or indirectly, voting securities carrying more than 50 per cent of the voting rights attached to all voting securities of a corporation that is a distributor, the distributor’s affiliates shall not carry on any business activity other than the following:
1. Transmitting or distributing electricity.
2. Owning or operating a generation facility that was transferred to the distributor pursuant to Part XI of the Electricity Act, 1998 or for which the approval of the Board was obtained under section 82 or for which the Board did not issue a notice of review in accordance with section 80.
3. Retailing electricity.
4. Distributing or retailing gas or any other energy product which is carried through pipes or wires to the user.
5. Business activities that develop or enhance the ability of the distributor or any of its affiliates to carry on any of the activities described in paragraph 1, 3 or 4.
6. Business activities the principal purpose of which is to use more effectively the assets of the distributor or an affiliate of the distributor, including providing meter installation and reading services, providing billing services and carrying on activities authorized under section 42 of the Electricity Act, 1998.
7. Managing or operating, on behalf of a municipal corporation which owns shares in the distributor, the provision of a public utility as defined in section 1 of the Public Utilities Act or sewage services.
8. Renting or selling hot water heaters.
9. Providing services related to the promotion of energy conservation, energy efficiency, load management or the use of cleaner energy sources, including alternative and renewable energy sources. 1998, c. 15, Sched. B, s. 73 (1); 2002, c. 23, s. 4 (9).
Limitation
(2) In acting under paragraph 7 of subsection (1), the distributor’s affiliate shall not own or lease any works, pipes or other machinery or equipment used in the manufacture, processing or distribution of a public utility or in the provision of sewage services. 1998, c. 15, Sched. B, s. 73 (2).
Municipal corporation
(3) Subsection (1) does not restrict the activities of a municipal corporation. 1998, c. 15, Sched. B, s. 73 (3).
Amendment of licence
74. (1) The Board may, on the application of any person, amend a licence if it considers the amendment to be,
(a) necessary to implement a directive issued under this Act; or
(b) in the public interest, having regard to the objectives of the Board and the purposes of the Electricity Act, 1998. 2004, c. 23, Sched. B, s. 13.
Further power to amend
(2) In addition to its power to amend a licence under subsection (1), the Board may amend a licence under section 38 of the Electricity Act, 1998. 2004, c. 23, Sched. B, s. 13.
75. Repealed: 2003, c. 3, s. 49.
76. Repealed: 2003, c. 3, s. 50.
Suspension or revocation, Board consideration
77. (1) Repealed: 2003, c. 3, s. 51 (1).
(2) Repealed: 2003, c. 3, s. 51 (1).
(3) Repealed: 2003, c. 3, s. 51 (1).
(4) Repealed: 2003, c. 3, s. 51 (1).
Cancellation of licence
(5) The Board may cancel a licence upon the request in writing of the licence holder. 1998, c. 15, Sched. B, s. 77 (5); 2003, c. 3, s. 51 (2).
(6) Repealed: 2000, c. 26, Sched. D, s. 2 (6).
Orders by Board, electricity rates
Order re: transmission of electricity
78. (1) No transmitter shall charge for the transmission of electricity except in accordance with an order of the Board, which is not bound by the terms of any contract. 2000, c. 26, Sched. D, s. 2 (7).
Order re: distribution of electricity
(2) No distributor shall charge for the distribution of electricity or for meeting its obligations under section 29 of the Electricity Act, 1998 except in accordance with an order of the Board, which is not bound by the terms of any contract. 2000, c. 26, Sched. D, s. 2 (7).
Rates
(3) The Board may make orders approving or fixing just and reasonable rates for the transmitting or distributing of electricity and for the retailing of electricity in order to meet a distributor’s obligations under section 29 of the Electricity Act, 1998. 1998, c. 15, Sched. B, s. 78 (3).
Annual rate plan and separate rates for situations prescribed by regulation
(3.1) The Board shall, in accordance with rules prescribed by the regulations, approve or fix separate rates for the retailing of electricity,
(a) to such different classes of consumers as may be prescribed by the regulations; and
(b) for such different situations as may be prescribed by the regulations. 2004, c. 23, Sched. B, s. 14 (1).
Same
(3.2) The first rates approved or fixed by the Board under subsection (3.1) shall remain in effect for not less than 12 months and the Board shall approve or fix separate rates under subsection (3.1) after that time for periods of not more than 12 months each or for such shorter time periods as the Minister may direct. 2004, c. 23, Sched. B, s. 14 (1).
Rates to reflect cost of electricity
(3.3) In approving or fixing rates under subsection (3.1),
(a) the Board shall forecast the cost of electricity to be consumed by the consumers to whom the rates apply, taking into consideration the adjustments required under section 25.33 of the Electricity Act, 1998 and shall ensure that the rates reflect these costs; and
(b) the Board shall take into account balances in the OPA’s variance accounts established under section 25.33 of the Electricity Act, 1998 and shall make adjustments with a view to eliminating those balances within 12 months or such shorter time periods as the Minister may direct. 2004, c. 23, Sched. B, s. 14 (1).
Forecasting cost of electricity
(3.4) In forecasting the cost of electricity for the purposes of subsection (3.3), the Board shall have regard to such matters as may be prescribed by the regulations. 2004, c. 23, Sched. B, s. 14 (1).
Imposition of conditions on consumer who enters into retail contract
(3.5) A consumer who enters into or renews a retail contract for electricity after the day he or she becomes subject to a rate approved or fixed under subsection (3.1) is subject to such conditions as may be determined by the Board. 2004, c. 23, Sched. B, 14 (1).
Rates
(4) The Board may make an order under subsection (3) with respect to the retailing of electricity in order to meet a distributor’s obligations under section 29 of the Electricity Act, 1998 even if the distributor is meeting its obligations through an affiliate or through another person with whom the distributor or an affiliate of the distributor has a contract. 1998, c. 15, Sched. B, s. 78 (4).
(5) Repealed: 2004, c. 23, Sched. B, s. 14 (2).
Same, obligations under s. 29 of Electricity Act, 1998
(5.0.1) In approving or fixing just and reasonable rates for the retailing of electricity in order to meet a distributor’s obligations under section 29 of the Electricity Act, 1998, the Board shall comply with the regulations made under clause 88 (1) (g.5). 2003, c. 8, s. 1.
Same, Hydro One Inc. and subsidiaries
(5.1) In approving or fixing just and reasonable rates for Hydro One Inc. or a subsidiary of Hydro One Inc., the Board shall apply a method or technique prescribed by regulation for the calculation and treatment of transfers made by Hydro One Inc. or its subsidiary, as the case may be, that are authorized by section 50.1 of the Electricity Act, 1998. 2002, c. 1, Sched. B, s. 8; 2003, c. 3, s. 52 (2).
Same, statutory right to use corridor land
(5.2) In approving or fixing just and reasonable rates for a transmitter who has a statutory right to use corridor land (as defined in section 114.1 of the Electricity Act, 1998), the Board shall apply a method or technique prescribed by regulation for the treatment of the statutory right. 2002, c. 1, Sched. B, s. 8; 2003, c. 3, s. 52 (3).
Conditions, etc.
(6) An order under this section may include conditions, classifications or practices applicable to the transmission, distribution or retailing of electricity, including rules respecting the calculation of rates. 1998, c. 15, Sched. B, s. 78 (6).
Deferral or variance accounts
(6.1) If a distributor has a deferral or variance account that relates to the commodity of electricity, the Board shall, at least once every three months, make an order under this section that determines whether and how amounts recorded in the account shall be reflected in rates. 2003, c. 3, s. 52 (4).
Same
(6.2) If a distributor has a deferral or variance account that does not relate to the commodity of electricity, the Board shall, at least once every 12 months, or such shorter period as is prescribed by the regulations, make an order under this section that determines whether and how amounts recorded in the account shall be reflected in rates. 2003, c. 3, s. 52 (4).
Same
(6.3) An order that determines whether and how amounts recorded in a deferral or variance account shall be reflected in rates shall be made in accordance with the regulations. 2003, c. 3, s. 52 (4).
Same
(6.4) If an order that determines whether and how amounts recorded in a deferral or variance account shall be reflected in rates is made after the time required by subsection (6.1) or (6.2) and the delay is due in whole or in part to the conduct of a distributor, the Board may reduce the amount that is reflected in rates. 2003, c. 3, s. 52 (4).
Same
(6.5) If an amount recorded in a deferral or variance account of a distributor is reflected in rates, the Board shall consider the appropriate number of billing periods over which the amount shall be divided in order to mitigate the impact on consumers. 2003, c. 3, s. 52 (4).
Same
(6.6) Subsections (6.1), (6.2) and (6.4) do not apply unless section 79.6 has been repealed under section 79.11. 2003, c. 3, s. 52 (4).
Fixing other rates
(7) Upon an application for an order approving or fixing rates, the Board may, if it is not satisfied that the rates applied for are just and reasonable, fix such other rates as it finds to be just and reasonable. 1998, c. 15, Sched. B, s. 78 (7).
Burden of proof
(8) Subject to subsection (9), in an application made under this section, the burden of proof is on the applicant. 1998, c. 15, Sched. B, s. 78 (8).
Order
(9) If the Board of its own motion, or upon the request of the Minister, commences a proceeding to determine whether any of the rates that the Board may approve or fix under this section are just and reasonable, the Board shall make an order under subsection (3) and the burden of establishing that the rates are just and reasonable is on the transmitter or distributor, as the case may be. 1998, c. 15, Sched. B, s. 78 (9).
Payments to prescribed generator
78.1 (1) The IESO shall make payments to a generator prescribed by the regulations, or to the OPA on behalf of a generator prescribed by the regulations, with respect to output that is generated by a unit at a generation facility prescribed by the regulations. 2004, c. 23, Sched. B, s. 15.
Payment amount
(2) Each payment referred to in subsection (1) shall be the amount determined,
(a) in accordance with the regulations to the extent the payment relates to a period that is on or after the day this section comes into force and before the later of,
(i) the day prescribed for the purposes of this subsection, and
(ii) the effective date of the Board’s first order in respect of the generator; and
(b) in accordance with the order of the Board then in effect to the extent the payment relates to a period that is on or after the later of,
(i) the day prescribed for the purposes of this subsection, and
(ii) the effective date of the Board’s first order under this section in respect of the generator. 2004, c. 23, Sched. B, s. 15.
OPA may act as settlement agent
(3) The OPA may act as a settlement agent to settle amounts payable to a generator under this section. 2004, c. 23, Sched. B, s. 15.
Board orders
(4) The Board shall make an order under this section in accordance with the rules prescribed by the regulations and may include in the order conditions, classifications or practices, including rules respecting the calculation of the amount of the payment. 2004, c. 23, Sched. B, s. 15.
Fixing other prices
(5) The Board may fix such other payment amounts as it finds to be just and reasonable,
(a) on an application for an order under this section, if the Board is not satisfied that the amount applied for is just and reasonable; or
(b) at any other time, if the Board is not satisfied that the current payment amount is just and reasonable. 2004, c. 23, Sched. B, s. 15.
Burden of proof
(6) Subject to subsection (7), the burden of proof is on the applicant in an application made under this section. 2004, c. 23, Sched. B, s. 15.
Order
(7) If the Board on its own motion or at the request of the Minister commences a proceeding to determine whether an amount that the Board may approve or fix under this section is just and reasonable,
(a) the burden of establishing that the amount is just and reasonable is on the generator; and
(b) the Board shall make an order approving or fixing an amount that is just and reasonable. 2004, c. 23, Sched. B, s. 15.
Application
(8) Subsections (4), (5) and (7) apply only on and after the day prescribed by the regulations for the purposes of subsection (2). 2004, c. 23, Sched. B, s. 15.
Payments to the Financial Corporation
78.2 (1) The IESO shall make payments to the Financial Corporation with respect to the Financial Corporation’s contracts with generators relating to output generated at generation facilities prescribed by the regulations and the provision of ancillary services at those generation facilities. 2004, c. 23, Sched. B, s. 16.
Payment amounts
(2) The payments to the Financial Corporation in respect of a contract referred to in subsection (1) shall equal the amounts required to reimburse the Financial Corporation for its indirect costs, as determined under the regulations, and its direct costs under the contract. 2004, c. 23, Sched. B, s. 16.
OPA may act as settlement agent
(3) The OPA may act as a settlement agent to settle amounts payable to the Financial Corporation under this section. 2004, c. 23, Sched. B, s. 16.
Payments to the OPA for output under procurement contracts
78.3 (1) The IESO shall make payments to the OPA with respect to output generated by units at generation facilities and ancillary services in respect of which the OPA has entered into procurement contracts under Part II.2 of the Electricity Act, 1998 that are prescribed by the regulations or that satisfy the rules prescribed by the regulations. 2004, c. 23, Sched. B, s. 17.
Payment amounts
(2) The payments under subsection (1) to the OPA shall equal the amounts payable by the OPA under the procurement contracts referred to in that subsection. 2004, c. 23, Sched. B, s. 17.
Payment to the OPA under procurement contracts
78.4 (1) The IESO shall make payments to the OPA with respect to amounts paid or payable by the OPA to an entity with whom the OPA has entered into a procurement contract under Part II.2 of the Electricity Act, 1998 that is prescribed by the regulations or that satisfies the rules prescribed by the regulations. 2004, c. 23, Sched. B, s. 18.
Payment amounts
(2) The payments under subsection (1) to the OPA shall be the amounts payable by the OPA under the procurement contracts referred to in that subsection. 2004, c. 23, Sched. B, s. 18.
Conflict with market rules
78.5 In the event of a conflict, sections 78.1 to 78.4 prevail over the market rules to the extent of the conflict. 2004, c. 23, Sched. B, s. 19.
Rural or remote consumers
79. (1) The Board, in approving just and reasonable rates for a distributor who delivers electricity to rural or remote consumers, shall provide rate protection for those consumers or prescribed classes of those consumers by reducing the rates that would otherwise apply in accordance with the prescribed rules. 1998, c. 15, Sched. B, s. 79 (1).
Special case
(2) In setting rates under subsection (1), the Board shall ensure that the class of rural or remote consumers receiving assistance under section 108 of the Power Corporation Act on the day before this section comes into force shall receive rate protection while they continue to,
(a) occupy the same rural residential premises, as defined in section 108 of the Power Corporation Act, as they were occupying on that day; and
(b) live in a part of Ontario designated by regulation as a rural or remote area. 1998, c. 15, Sched. B, s. 79 (2).
Compensation
(3) A distributor is entitled to be compensated for lost revenue resulting from the rate reduction provided under subsection (1). 1998, c. 15, Sched. B, s. 79 (3).
Liability for compensation
(4) All consumers are required to contribute towards the amount of any compensation required under subsection (3) in accordance with the regulations. 1998, c. 15, Sched. B, s. 79 (4).
Regulations
(5) The Lieutenant Governor in Council may make regulations,
(a) prescribing the consumers or classes of consumers eligible for rate protection under this section in addition to those described under subsection (2);
(b) designating areas in Ontario as rural or remote areas;
(c) prescribing rules for the calculation of the amount of the rate reduction;
(d) prescribing maximum amounts of the total annual value of rate protection that may be provided under this section;
(e) prescribing rules respecting the amounts that must be collected to compensate distributors, including rules,
(i) respecting the calculation of those amounts,
(ii) establishing the time and manner of collection,
(iii) requiring the amounts to be paid in instalments and requiring the payment of interest or penalties on late payments,
(iv) prescribing methods of ensuring that the amounts required cannot be bypassed, and
(v) respecting the distribution of the amounts collected;
(f) respecting the use of money collected in excess of the amount required to compensate distributors;
(g) prescribing the powers and duties of the Board in relation to the calculation of amounts to be collected and the time and manner of collection and distribution;
(h) respecting any other matter that the Lieutenant Governor in Council considers necessary in relation to the rate protection. 1998, c. 15, Sched. B, s. 79 (5).
General or particular
(6) A regulation under this section may be general or particular in application and may prescribe different rules for different persons or classes of persons. 1998, c. 15, Sched. B, s. 79 (6).
Payments to consumers
79.1 (1) A distributor that was licensed under this Part on November 11, 2002 to own or operate a distribution system shall make a payment of $75 in accordance with this section to each low-volume consumer who had an account with the distributor on November 25, 2002 with respect to the distribution of electricity to a property. 2002, c. 23, s. 4 (11).
Same
(2) If a retailer that was licensed under this Part on November 11, 2002 to retail electricity had a contract with a low-volume consumer on November 25, 2002 with respect to the retailing of electricity to a property and the retailer bills the consumer under retailer-consolidated billing,
(a) subsection (1) does not apply to the consumer; and
(b) the retailer shall make a payment of $75 in accordance with this section to the consumer. 2002, c. 23, s. 4 (11).
More than one account
(3) A low-volume consumer who is entitled to a payment under subsection (1) is entitled to a payment in respect of each account that the consumer had with the distributor on November 25, 2002 with respect to the distribution of electricity. 2002, c. 23, s. 4 (11).
More than one contract
(4) A low-volume consumer who is entitled to a payment under subsection (2) is entitled to a payment in respect of each contract that the consumer had with the retailer on November 25, 2002 with respect to the retailing of electricity. 2002, c. 23, s. 4 (11).
Time for payment
(5) The payment required by subsection (1) or (2) shall be made not later than December 31, 2002. 2002, c. 23, s. 4 (11).
Same
(6) If it is not possible for a distributor or retailer to comply with subsection (5), the payment shall be made as soon as possible. 2002, c. 23, s. 4 (11).
Method of payment
(7) The payment required by subsection (1) or (2) shall be made by mailing or hand-delivering a cheque to the low-volume consumer. 2002, c. 23, s. 4 (11).
Consumers with PPVA accounts greater than zero
(8) If a distributor maintains a PPVA account in respect of a low-volume consumer and, on the day this section comes into force, the balance of the PPVA account is greater than zero and is to the credit of the distributor,
(a) subsections (1) and (2) do not apply to the consumer; and
(b) the distributor shall reduce the balance of the consumer’s PPVA account to zero. 2002, c. 23, s. 4 (11).
Equal billing
(9) If a distributor maintains an equal billing plan account in respect of a low-volume consumer and, on the day this section comes into force, the balance of the consumer’s equal billing plan account shows that the consumer owes an amount of money to the distributor,
(a) subsections (1) and (2) do not apply to the consumer; and
(b) the distributor shall determine the portion of the account that relates to the commodity price for electricity and reduce that portion by,
(i) the amount of interest that was added to the account in respect of that portion, and
(ii) the lesser of,
(A) $75, and
(B) the amount, after the reduction required by subclause (i) is made, of the portion of the account that relates to the commodity price for electricity. 2002, c. 23, s. 4 (11).
Time for reduction
(10) A reduction required by subsection (8) or (9) shall be made not later than December 31, 2002. 2002, c. 23, s. 4 (11).
Same
(11) If it is not possible for a distributor to comply with subsection (10), the reduction shall be made as soon as possible. 2002, c. 23, s. 4 (11).
Further payments
(12) Every distributor or retailer that has made a payment to a low-volume consumer under subsection (1) or (2) shall make the calculations prescribed by the regulations and, if required by the regulations, shall make a further payment to the consumer. 2002, c. 23, s. 4 (11).
Further reductions
(13) Every distributor that has made a reduction to a low-volume consumer’s equal billing plan account under subsection (9) shall make the calculations prescribed by the regulations and, if required by the regulations, shall make a further reduction to the account. 2002, c. 23, s. 4 (11).
Designated consumers
(14) A distributor that was licensed under this Part on November 11, 2002 to own or operate a distribution system shall make a payment in accordance with the regulations to each designated consumer who had an account with the distributor on November 25, 2002 with respect to the distribution of electricity to a property. 2002, c. 23, s. 4 (11).
Same
(15) If a retailer that was licensed under this Part on November 11, 2002 to retail electricity had a contract with a designated consumer on November 25, 2002 with respect to the retailing of electricity to a property and the retailer bills the consumer under retailer-consolidated billing,
(a) subsection (14) does not apply to the consumer; and
(b) the retailer shall make a payment in accordance with the regulations to the consumer. 2002, c. 23, s. 4 (11).
Payments to other consumers
(16) If required by the regulations, a distributor or retailer shall make a payment in accordance with the regulations to a consumer who is not a low-volume consumer or designated consumer. 2002, c. 23, s. 4 (11).
Information to be provided
(17) If required by the Minister, a distributor or retailer who makes a payment to a consumer under this section or who makes a reduction to an account under subsection (8), (9) or (13) shall, at the same time or within such other time as may be specified by the Minister, provide the consumer with such information as the Minister specifies. 2002, c. 23, s. 4 (11).
Same
(18) The Minister may require that the information referred to in subsection (17) be provided in a form approved by the Minister. 2002, c. 23, s. 4 (11).
Exception: no order under s. 78
(19) This section does not apply to a distributor if there is no order under section 78 that approves or fixes the rates that may be charged by the distributor on the day this section comes into force. 2002, c. 23, s. 4 (11).
Exception: no connection to IESO-controlled grid
(20) This section does not apply to a distributor if the distributor’s distribution system is not connected to the IESO-controlled grid. 2002, c. 23, s. 4 (11); 2004, c. 23, Sched. B, s. 20.
No assignment
(21) An assignment by a consumer to a retailer of the entitlement to any payment does not apply to a payment under this section, whether the assignment was made before or after this section came into force. 2002, c. 23, s. 4 (11).
Purpose of payments
(22) The payments by distributors and retailers that are required under this section are for the purpose of reimbursing consumers for part of the commodity price they paid for electricity. 2002, c. 23, s. 4 (11).
Definitions
(23) In this section,
“equal billing plan” has the same meaning as an equal billing plan or equivalent form of levelized or budget billing referred to in the Standard Supply Service Code issued by the Board, as it read on the day this section came into force; (“mode de facturation à versements égaux”)
“PPVA account” means a Purchased Power Variance/Deferral Account as described in the Electricity Distribution Rate Handbook issued by the Board, as it read on the day this section came into force; (“compte PPVA”)
“retailer-consolidated billing” means retailer-consolidated billing as described in the Retail Settlement Code. (“facturation consolidée assurée par le détaillant”) 2002, c. 23, s. 4 (11).
Repeal
(24) This section and clauses 88 (1) (j) to (o) are repealed on a day to be named by proclamation of the Lieutenant Governor. 2002, c. 23, s. 4 (11); 2003, c. 8, s. 2.
Payments by IESO to consumers
79.2 (1) The IESO shall make a payment in accordance with the regulations to a market participant that is a low-volume consumer or designated consumer. 2002, c. 23, s. 4 (11); 2004, c. 23, Sched. B, s. 21.
Same
(2) If required by the regulations, the IESO shall make a payment in accordance with the regulations to a consumer other than a consumer described in subsection (1). 2002, c. 23, s. 4 (11); 2004, c. 23, Sched. B, s. 21.
No assignment
(3) An assignment by a consumer to a retailer of the entitlement to any payment does not apply to a payment under this section, whether the assignment was made before or after this section came into force. 2002, c. 23, s. 4 (11).
Purpose of payments
(4) The payments by the IESO that are required under this section are for the purpose of reimbursing consumers for part of the commodity price they paid for electricity. 2002, c. 23, s. 4 (11); 2004, c. 23, Sched. B, s. 21.
Repeal
(5) This section and clauses 88 (1) (p) and (q) are repealed on a day to be named by proclamation of the Lieutenant Governor. 2002, c. 23, s. 4 (11); 2003, c. 8, s. 3.
79.3 Repealed: 1998, c. 15, Sched. B, s. 79.11.
Commodity price for electricity: low-volume and designated consumers
79.4 (1) Despite section 79.3, despite any order under section 78 and, subject to subsection (6), despite any agreement to the contrary, the commodity price for electricity payable by a low-volume consumer or designated consumer is,
(a) with respect to electricity used on or after April 1, 2004 and before the date prescribed in the regulations for the purposes of this subsection, the prices determined in accordance with the regulations; and
(b) with respect to electricity used on or after the date prescribed for the purposes of this subsection, the rates determined by the Board in accordance with the regulations. 2003, c. 8, s. 5 (1); 2004, c. 23, Sched. B, s. 22 (1).
Same
(1.1) The Board shall not make any price determinations for the purpose of clause (1) (b) unless a regulation has been made under clause 88 (1) (r.1). 2003, c. 8, s. 5 (1).
Exception: consumers who file statement
(2) Subsection (1) does not apply to a consumer if,
(a) the consumer files a written statement with,
(i) the distributor with whom the consumer has an account, if the consumer is not a market participant, or
(ii) the IESO, if the consumer is a market participant,
indicating that the consumer does not wish to have subsection (1) apply to the consumer; and
(b) at the time the statement is filed under clause (a), a regulation prescribing criteria for the purpose of this clause is in force and those criteria are met. 2002, c. 23, s. 4 (11); 2004, c. 23, Sched. B, s. 22 (2).
Exception: no order under s. 78
(3) Subsection (1) does not apply to a consumer who has an account with a distributor on December 9, 2002 with respect to the distribution of electricity to a property if there is no order under section 78 that approves or fixes the rates that may be charged by the distributor on that day. 2002, c. 23, s. 4 (11); 2003, c. 8, s. 5 (2).
Exception: no connection to IESO-controlled grid
(4) Subsection (1) does not apply to a consumer to whom electricity is distributed through a distribution system that is not connected to the IESO-controlled grid. 2002, c. 23, s. 4 (11); 2004, c. 23, Sched. B, s. 22 (3).
Exception: service transaction request, contract entered into after commencement
(5) If a consumer enters into or renews a contract after December 9, 2002 with respect to which a service transaction request as defined in the Retail Settlement Code is or has been implemented to enable the consumer to purchase electricity from a competitive retailer as defined in the Retail Settlement Code, subsection (1) does not apply to the consumer during the term of the contract. 2004, c. 23, Sched. B, s. 22 (4).
Contracts entered into after commencement
(6) Subject to subsection (5), the commodity price for electricity payable by a consumer under subsection (1) is subject to any contract the consumer renews or enters into after December 9, 2002. 2002, c. 23, s. 4 (11); 2003, c. 8, s. 5 (4).
(7) Repealed: 2003, c. 8, s. 5 (5).
79.5 - 79.9 Repealed: 1998, c. 15, Sched. B, s. 79.11.
Hydro One Networks Inc.
79.10 Despite subsection 79.3 (1), the rates set out in Appendix A-2 and Appendix G-2 of the order made by the Board under section 78 on August 30, 2002 with respect to Hydro One Networks Inc. do not apply to electricity used on or after December 1, 2002. 2002, c. 23, s. 4 (11).
Repeal
79.11 (1) Sections 79.3 to 79.10, sections 79.12 to 79.15, clauses 88 (1) (r) to (z.5) and subsections 88 (2.1) to (2.3) are repealed on a day to be named by proclamation of the Lieutenant Governor. 2004, c. 23, Sched. B, s. 24.
(2) Any proclamation under subsection (1) may apply to all of the provisions referred to in subsection (1) or to any section, subsection or clause in those provisions, and proclamations may be issued at different times with respect to all of those provisions or any section, subsection or clause in those provisions. 2003, c. 8, s. 10.
Same
(3) Any provision in the provisions referred to in subsection (1) that is not repealed under that subsection before May 1, 2006 is repealed on May 1, 2006. 2003, c. 8, s. 10.
Deferral accounts
79.12 (1) Hydro One Networks Inc. may establish a deferral account that records the amounts that, in the absence of section 79.10, it would have collected before the day named under section 79.11, if the Appendix G-2 referred to in section 79.10 had applied to electricity used on or after December 1, 2002. 2002, c. 23, s. 4 (11).
Same
(2) A distributor may establish a deferral account that, if the distributor made a payment to a consumer under subsection 79.1 (1) not later than December 31, 2002, records the amounts of other expenses incurred by the distributor in making that payment. 2002, c. 23, s. 4 (11).
Regulatory assets
79.13 The following amounts shall be deemed to be regulatory assets until the Board addresses the disposition of the amounts in an order under section 78:
1. An amount recorded by a distributor in Account 1570 established in accordance with the Accounting Procedures Handbook issued by the Board, as it read on the day this section comes into force.
2. An amount recorded in a Retail Settlement Variance Account established in accordance with the Electricity Distribution Rate Handbook issued by the Board, as it read on the day this section comes into force.
3. An amount recorded in a deferral account established under section 79.12.
4. An amount recorded in an account prescribed by the regulations. 2002, c. 23, s. 4 (11).
Overpayments
79.14 If a consumer pays an amount in excess of the amount that may be charged under this Part, the person to whom the amount was paid shall as soon as possible refund the excess to the consumer or credit the consumer’s account with the excess. 2002, c. 23, s. 4 (11).
Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2002, chapter 23, subsection 4 (12) by adding the following section:
Form of invoice
79.15 (1) The Minister may require that invoices issued to low-volume or designated consumers in respect of electricity be in a form approved by the Minister. 2002, c. 23, s. 4 (12).
Different forms
(2) The Minister may approve different forms of invoice and may specify the circumstances in which each form shall be used. 2002, c. 23, s. 4 (12).
Errors
(3) No defect, error or omission in the form or substance of an invoice issued to a low-volume or designated consumer in respect of electricity invalidates any proceeding for the recovery of the amount payable under the invoice. 2002, c. 23, s. 4 (12).
See: 2002, c. 23, ss. 4 (12), 7 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2004, chapter 23, Schedule B, section 25 by adding the following section:
Commodity price for electricity: low volume consumers, etc.
79.16 (1) Despite any order under section 78 and, subject to subsection (7), despite any agreement to the contrary entered into or renewed on or before December 9, 2002, the rates for electricity payable by a consumer who is a member of a class of consumers prescribed by the regulations for the purposes of this section are,
(a) with respect to electricity used on or after the day this subsection comes into force and before the day prescribed by the regulations for the purposes of this subsection, the price determined in accordance with the regulations; and
(b) with respect to electricity used on or after the day prescribed by the regulations for the purposes of this subsection, the rates determined by the Board in accordance with the regulations. 2004, c. 23, Sched. B, s. 25.
Same
(2) The Board shall not make any rate determinations for the purposes of clause (1) (b) unless a regulation has been made under clause 88 (1) (z.8). 2004, c. 23, Sched. B, s. 25.
Adjustment to eliminate variances
(3) In determining rates under clause (1) (b), the Board shall take into account balances in variance accounts established under section 25.33 of the Electricity Act, 1998 and make adjustments with a view to eliminating those balances within 12 months or such shorter time periods as the Minister may direct. 2004, c. 23, Sched. B, s. 25.
Exception: consumers who file statement
(4) Subsection (1) does not apply to a consumer if,
(a) the consumer indicates in a written statement that the consumer does not wish to have subsection (1) apply and the consumer files the written statement with,
(i) the distributor with whom the consumer has an account, if the consumer is not a market participant, or
(ii) the IESO, if the consumer is a market participant; and
(b) at the time the statement is filed under clause (a), a regulation prescribing criteria for the purpose of this clause is in force and those criteria are met. 2004, c. 23, Sched. B, s. 25.
Application of subs. (1)
(5) Subsection (1) does not apply to a consumer to whom electricity is distributed through a distribution system that is not connected to the IESO-controlled grid. 2004, c. 23, Sched. B, s. 25.
Exception: service transaction request, contract entered into after December 9, 2002
(6) If a consumer enters into or renews a contract after December 9, 2002 with respect to which a service transaction request as defined in the Retail Settlement Code is or has been implemented to enable the consumer to purchase electricity from a competitive retailer as defined in the Retail Settlement Code, subsection (1) does not apply to the consumer during the term of the contract. 2004, c. 23, Sched. B, s. 25.
Contracts entered into after December 9, 2002
(7) Subject to subsection (6), the commodity price for electricity payable by a consumer under subsection (1) is subject to any contract the consumer renews or enters into after December 9, 2002. 2004, c. 23, Sched. B, s. 25.
Same
(8) A consumer who enters into or renews a retail contract for electricity after the date prescribed for the purposes of subsection (1) or becomes subject to a rate approved or fixed by the Board under this section is subject to such conditions as may be determined by the Board. 2004, c. 23, Sched. B, s. 25.
Repeal
(9) This section is repealed on a day to be named by proclamation of the Lieutenant Governor. 2004, c. 23, Sched. B, s. 25.
See: 2004, c. 23, Sched. B, ss. 25, 34 (2).
Form of invoice for prescribed classes of consumers
79.17 (1) The Minister may require that invoices issued in respect of electricity to consumers who are members of a class of consumers prescribed by the regulations be in a form approved by the Minister. 2004, c. 23, Sched. B, s. 26.
Different forms
(2) The Minister may approve different forms of invoices and may specify the circumstances in which each form shall be used. 2004, c. 23, Sched. B, s. 26.
Errors
(3) No defect, error or omission in the form or substance of an invoice issued in respect of electricity to a consumer referred to in subsection (1) invalidates any proceeding for the recovery of the amount payable under the invoice. 2004, c. 23, Sched. B, s. 26.
Prohibition, generation by transmitters or distributors
80. No transmitter or distributor or affiliate of a transmitter or distributor shall acquire an interest in a generation facility in Ontario, construct a generation facility in Ontario or purchase shares of a corporation that owns a generation facility in Ontario unless it has first given notice of its proposal to do so to the Board and the Board,
(a) has not issued a notice of review of the proposal within 60 days of the filing of the notice; or
(b) has approved the proposal under section 82. 1998, c. 15, Sched. B, s. 80.
Prohibition, transmission or distribution by generators
81. No generator or affiliate of a generator shall acquire an interest in a transmission or distribution system in Ontario, construct a transmission or distribution system in Ontario or purchase shares of a corporation that owns a transmission or distribution system in Ontario unless it has first given notice of its proposal to do so to the Board and the Board,
(a) has not issued a notice of review of the proposal within 60 days of the filing of the notice; or
(b) has approved the proposal under section 82. 1998, c. 15, Sched. B, s. 81.
Review of acquisition
82. (1) If the Board has issued a notice of review under section 80 or 81, it shall expeditiously proceed to review the proposal. 1998, c. 15, Sched. B, s. 82 (1).
Order
(2) The Board shall make an order approving a proposal described in section 80 if it determines that,
(a) the impact of the proposal would not adversely affect the development and maintenance of a competitive market; or
(b) the proposal is required to maintain the reliability of the transmission or distribution system of the relevant transmitter or distributor. 1998, c. 15, Sched. B, s. 82 (2).
Same
(3) The Board shall make an order approving a proposal described in section 81 if it determines that the impact of the proposal would not adversely affect the development and maintenance of a competitive market. 1998, c. 15, Sched. B, s. 82 (3).
Condition for making order
(4) Unless the Board makes the determination described in subsection (2) or (3), it shall not make an order approving a proposal described in section 80 or 81, respectively. 1998, c. 15, Sched. B, s. 82 (4).
Standards, targets and criteria
83. (1) The Board may establish standards, targets and criteria for evaluation of performance by generators to whom section 78.1 applies, transmitters, distributors and retailers. 1998, c. 15, Sched. B, s. 83 (1); 2004, c. 23, Sched. B, s. 27 (1).
Regard for standards, targets
(2) The Board may have regard to the standards, targets and criteria referred to in subsection (1) in exercising its powers and performing its duties under this or any other Act in relation to generators to whom section 78.1 applies, transmitters, distributors and retailers, including establishing the conditions of a licence. 1998, c. 15, Sched. B, s. 83 (2); 2004, c. 23, Sched. B, s. 27 (2).
Distinction between transmission and distribution, determination
84. In making a decision in any proceeding under this Part or under the Electricity Act, 1998, the Board may determine that,
(a) a system or part of a system that forms part of a transmission system is a distribution system or part of a distribution system; and
(b) a system or part of a system that forms part of a distribution system is a transmission system or part of a transmission system. 1998, c. 15, Sched. B, s. 84; 2003, c. 3, s. 53.
85. Repealed: 2003, c. 3, s. 54.
Change in ownership or control of systems
86. (1) No transmitter or distributor, without first obtaining from the Board an order granting leave, shall,
(a) sell, lease or otherwise dispose of its transmission or distribution system as an entirety or substantially as an entirety;
(b) sell, lease or otherwise dispose of that part of its transmission or distribution system that is necessary in serving the public; or
(c) amalgamate with any other corporation. 2003, c. 3, s. 55 (1).
Same
(1.1) Subsection (1) does not apply with respect to a disposition of securities of a transmitter or distributor or of a corporation that owns securities in a transmitter or distributor. 2002, c. 1, Sched. B, s. 9 (1).
Acquisition of share control
(2) No person, without first obtaining an order from the Board granting leave, shall,
(a) acquire such number of voting securities of a transmitter or distributor that together with voting securities already held by such person and one or more affiliates or associates of that person, will in the aggregate exceed 20 per cent of the voting securities of the transmitter or distributor; or
(b) acquire control of any corporation that holds, directly or indirectly, more than 20 per cent of the voting securities of a transmitter or distributor if such voting securities constitute a significant asset of that corporation. 1998, c. 15, Sched. B, s. 86 (2).
Same
(2.1) Subsection (2) does not apply to,
(a) the Crown in right of Ontario;
(b) an underwriter (within the meaning of the Securities Act) who holds the voting securities solely for the purpose of distributing them to the public;
(c) any person or entity who is acting in relation to the voting securities solely in the capacity of an intermediary in the payment of funds or the delivery of securities or both in connection with trades in securities and who provides centralized facilities for the clearing of trades in securities; or
(d) any person or entity who holds the voting securities by way of security only. 2002, c. 1, Sched. B, s. 9 (2).
Significant asset
(3) For the purposes of subsection (2),
(a) an asset is a significant asset if its value is 20 per cent or more of the aggregate book value of the total assets of a person, determined on a consolidated basis in accordance with generally accepted accounting principles; and
(b) “control”, with respect to a corporation, has the same meaning as in the Business Corporations Act. 1998, c. 15, Sched. B, s. 86 (3).
Valuation of voting securities
(4) For the purpose of determining whether voting securities constitute a significant asset, the value of the voting securities shall be deemed to be,
(a) the market value of the securities if more than 20 per cent of the voting securities are publicly traded; and
(b) 115 per cent of the book value of the voting securities, as determined by the equity method of accounting, in all other cases. 1998, c. 15, Sched. B, s. 86 (4).
Mortgages
(5) This section does not apply to a mortgage or charge to secure any loan or indebtedness or to secure any bond, debenture or other evidence of indebtedness. 1998, c. 15, Sched. B, s. 86 (5).
Transactions under Electricity Act, 1998
(5.1) This section does not apply with respect to a transaction described in section 50.1 or 50.2 of the Electricity Act, 1998. 2002, c. 1, Sched. B, s. 9 (2).
Leave
(6) An application for leave under this section shall be made to the Board, which shall grant or refuse leave. 1998, c. 15, Sched. B, s. 86 (6).
Void agreement
(6.1) An amalgamation agreement between the corporations that propose to amalgamate is void if the Board refuses to grant leave under this section, even if the amalgamation agreement has been adopted in accordance with subsection 176 (4) of the Business Corporations Act. 2003, c. 3, s. 55 (2).
Void certificate
(6.2) A certificate of amalgamation endorsed by the director appointed under section 278 of the Business Corporations Act is void if it is endorsed before leave of the Board for the amalgamation is granted. 2003, c. 3, s. 55 (2).
Sale of assets of OEFC to or by Hydro One Inc., etc.
(7) Despite subsection (1) and any order of the Board, the sale, lease, conveyance, transfer, assignment, assumption or other disposition of any of the assets, rights, liabilities or obligations of the Ontario Electricity Financial Corporation to or by Hydro One Inc. or a subsidiary of Hydro One Inc. after March 31, 1999, including any such sale, lease, conveyance, transfer, assignment, assumption or other disposition completed before this subsection came into force, does not require an order from the Board granting leave. 2002, c. 23, s. 4 (13).
Board to monitor markets
87. (1) The Board shall monitor markets in the electricity sector and may report to the Minister on the efficiency, fairness, transparency and competitiveness of those markets. 1998, c. 15, Sched. B, s. 87 (1).
Board to advise Minister
(2) The Board shall advise the Minister with respect to any of the following matters if requested by the Minister to do so or if the Board considers it advisable to do so:
1. Any abuse or potential abuse of market power in the electricity sector.
2. The circumstances giving rise to or that is capable of giving rise to unintended outcomes or effects that operate contrary to the interests of competition. 2004, c. 23, Sched. B, s. 28.
Regulations, electricity licences
88. (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing requirements for a licence which allows for the retailing of electricity to residential or small business consumers, as defined in the regulations, which, if not met, will result in the refusal to issue or renew a licence;
(a.1) providing for the establishment, administration and operation of a tracking system to associate electricity with the processes and fuel types used by generation facilities and with the types and quantities of contaminants emitted by generation facilities, including,
(i) designating the administrator of the tracking system and prescribing the administrator’s powers and duties,
(ii) designating a person or body to audit the tracking system and the information used by the tracking system and prescribing the auditor’s powers and duties, including powers to enter business premises and inspect documents and records,
(iii) requiring persons prescribed by the regulations to submit information prescribed by the regulations or by the administrator or auditor of the tracking system to the administrator or auditor in a form and at times specified by the regulations or by the administrator or auditor,
(iv) protecting the administrator of the tracking system from liability arising from incorrect information provided by other persons,
(v) requiring the administrator or auditor of the tracking system or the Minister to make determinations for the purposes of the tracking system,
(vi) requiring information from the tracking system to be made available to the public,
(vii) requiring persons prescribed by the regulations to provide other persons prescribed by the regulations with information from the tracking system in a form and at times specified by the regulations or by the administrator or auditor of the tracking system,
(viii) authorizing and governing the issuance of certificates related to determinations made for the purposes of the tracking system, and
(ix) authorizing the administrator of the tracking system, subject to the approval of the Board, to establish and charge fees in connection with the tracking system, and governing the establishment and charging of those fees;
(b) requiring retailers or generators or persons engaged in an activity described in clause 57 (f) to make timely disclosure to the Minister of the Environment, or the IESO in the manner and at the times prescribed, of the nature and quantity of the prescribed contaminants emitted by the generation facility from which the electricity being sold or offered for sale is produced or deemed to be produced, the nature of the fuel and the process of generation used at the facility;
Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2002, chapter 1, Schedule B, subsection 10 (3). See: 2002, c. 1, Sched. B, ss. 10 (3), 19 (2).
(c) authorizing the Minister of the Environment to determine from which generation facility or facilities electricity is deemed to be produced in accordance with such rules as may be prescribed in the regulation;
Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is repealed by the Statutes of Ontario, 2002, chapter 1, Schedule B, subsection 10 (5). See: 2002, c. 1, Sched. B, ss. 10 (5), 19 (2).
(d) requiring retailers or generators or persons engaged in an activity described in clause 57 (f) to file with the Board, in such form and at such times as the Board may determine, evidence that the generation facility from which the electricity is produced or is deemed to be produced meets standards for emission of prescribed contaminants from a source or class of sources set out under the Environmental Protection Act;
(e) respecting the manner in which reductions, credits or allowances acquired by a retailer, generator or a person engaged in an activity described in clause 57 (f) under the Environmental Protection Act may be used in determining whether there has been compliance with the standards referred to in clause (d);
(f) requiring retailers to make timely disclosure to consumers, in the manner and at the times prescribed, of the nature and quantity of the prescribed contaminants emitted by the generation facility from which the electricity being sold or offered for sale is produced or is deemed to be produced, the nature of the fuel and the process of generation used at the facility and such other information as is prescribed;
Note: On a day to be named by proclamation of the Lieutenant Governor, clause (f) is repealed by the Statutes of Ontario, 2002, chapter 1, Schedule B, subsection 10 (6). See: 2002, c. 1, Sched. B, ss. 10 (6), 19 (2).
(g) delegating to a body the power to establish the manner and time requirements described in clause (f) and requiring retailers to disclose the information described in that clause in that manner and within those time periods;
Note: On a day to be named by proclamation of the Lieutenant Governor, clause (g) is repealed by the Statutes of Ontario, 2002, chapter 1, Schedule B, subsection 10 (6). See: 2002, c. 1, Sched. B, ss. 10 (6), 19 (2).
(g.1) requiring a distributor, in the circumstances and in the manner prescribed by the regulations, to subtract the amount of electricity conveyed into the distribution system by a generator from the amount consumed from the system by the generator, for billing purposes, if the generator generates electricity primarily for the generator’s own use;
(g.2) Repealed: 2004, c. 23, Sched. B, s. 29 (2).
(g.3) Repealed: 2004, c. 23, Sched. B, s. 29 (3).
(g.3.1) prescribing rules for the purposes of subsection 71 (2);
(g.4) prescribing different situations for which separate rates must be approved or fixed under section 78, with those situations being defined with reference to amounts of electricity used and times when electricity is used;
(g.5) governing the approving or fixing under section 78 of just and reasonable rates for the retailing of electricity in order to meet a distributor’s obligations under section 29 of the Electricity Act, 1998, including prescribing methods of and procedures for approving or fixing rates, including requiring persons licensed under this Part to participate in those methods and procedures and to enter into contracts or other arrangements as part of those methods and procedures;
(g.6) prescribing different classes of consumers for the purposes of section 78 and the date or method of determining the date on which rates approved or fixed for a class of consumers take effect;
(g.7) governing the approving or fixing under subsection 78 (3.1) of rates for the retailing of electricity, including,
(i) prescribing rules for the purposes of subsection 78 (3.1), and
(ii) prescribing matters for the purposes of subsection 78 (3.4) to be taken into consideration in forecasting the cost of electricity and the methods of and procedures for forecasting the cost of electricity, including the treatment of any outstanding balances in variance accounts held by the OPA;
(g.8) prescribing conditions for the purposes of subsection 78 (3.5);
(h) prescribing, for the purposes of subsection 78 (5.1), methods and techniques for the calculation and treatment of transfers made by Hydro One Inc. or its subsidiary, as the case may be, that are authorized by section 50.1 of the Electricity Act, 1998;
(i) prescribing, for the purposes of subsection 78 (5.2), methods and techniques for the treatment of the statutory right to use corridor land;
(i.1) prescribing generators and generation facilities and units for the purposes of section 78.1;
(i.2) prescribing generators or generation facilities and units at generation facilities whose generators may apply to the Board for an order that section 78.1 applies to the facility or unit and rules governing the procedure for applying, the criteria to be satisfied and any terms and limitations that must or may be included in the order;
(i.3) governing circumstances in which payments shall not be made under section 78.1;
(i.4) prescribing a date for the purposes of subsection 78.1 (2);
(i.5) prescribing payment amounts or methods for determining payment amounts for the purposes of clause 78.1 (2) (a) including prescribing separate prices or methods for different situations, including situations defined with respect to energy sources, time of generation and amounts of electricity generated;
(i.6) governing the determination of payment amounts by the Board under section 78.1, including rules prescribing,
(i) methods of and procedures for determining payment amounts,
(ii) financial factors which the Board may take into consideration in determining payment amounts, and
(iii) different payment amounts or different methods of and procedures for determining payment amounts for different situations, including situations defined with respect to energy sources, time of generation and amounts of electricity generated;
(i.7) authorizing or requiring generators to establish one or more variance or deferral accounts in connection with section 78.1;
(i.8) prescribing generation facilities for the purposes of section 78.2;
(i.9) prescribing rules for determining the amount of the Financial Corporation’s indirect costs in respect of a contract for the purposes of section 78.2;
(i.10) prescribing procurement contracts or rules relating to procurement contracts for the purposes of section 78.3;
(i.11) prescribing procurement contracts or rules relating to procurement contracts for the purposes of section 78.4;
(j) prescribing the calculations to be made by distributors and retailers under subsection 79.1 (12) and governing the time within which the calculations must be made;
(k) governing the circumstances in which a further payment shall be made to a low-volume consumer under subsection 79.1 (12);
(l) prescribing the calculations to be made by distributors under subsection 79.1 (13) and governing the time within which the calculations must be made;
(m) governing the circumstances in which a further reduction shall be made to a low-volume consumer’s equal billing plan account under subsection 79.1 (13), governing the determination of the amount of the reduction and governing the time within which the reduction must be made;
(n) governing the circumstances in which a payment must be made under subsection 79.1 (16) to a consumer who is not a low-volume consumer or designated consumer;
(o) governing the determination of the amount of a payment under subsection 79.1 (12), (14), (15) or (16), governing the time within which the payment must be made and governing the method of making the payment;
Note: On a day to be named by proclamation of the Lieutenant Governor, clauses (j) to (o) are repealed. See: s. 79.1 (24) and 2003, c. 8, s. 2.
(p) governing the circumstances in which a payment must be made under subsection 79.2 (2);
(q) governing the determination of the amount of a payment under section 79.2, governing the time within which the payment must be made and governing the method of making the payment;
Note: On a day to be named by proclamation of the Lieutenant Governor, clauses (p) and (q) are repealed. See: s. 79.2 (5) and 2003, c. 8, s. 3.
(r) prescribing prices or methods for determining prices for the purpose of clause 79.4 (1) (a), including prescribing separate prices or methods for different situations, including situations defined with respect to types of consumers and amounts of electricity used;
(r.1) governing the determination of rates by the Board under clause 79.4 (1) (b), including,
(i) prescribing methods of and procedures for determining rates, including requiring persons licensed under this Part to participate in those methods and procedures and to enter into contracts or other arrangements as part of those methods and procedures, and
(ii) prescribing different situations for which separate rates must be determined, including situations defined with respect to types of consumers, amounts of electricity used and times when electricity is used;
(r.2) prescribing a date for the purposes of subsection 79.4 (1);
(s) prescribing criteria for the purpose of clause 79.4 (2) (b);
Note: On a day to be named by proclamation of the Lieutenant Governor, clauses (r) to (s) are repealed. If no proclamation date has been given before May 1, 2006, then clauses (r) to (s) are repealed on May 1, 2006. See: s. 79.11 and 2004, c. 23, Sched. B, s. 24.
(t) Repealed: 1998, c. 15, Sched. B, s. 79.11.
(u) Repealed: 1998, c. 15, Sched. B, s. 79.11.
(v) Repealed: 1998, c. 15, Sched. B, s. 79.11.
(w) authorizing or requiring a person to establish one or more deferral or variance accounts;
(x) governing the operation of the accounts referred to in section 79.12 or established under clause (w);
(y) prescribing accounts for the purpose of paragraph 4 of section 79.13;
(z) Repealed: 2004, c. 23, Sched. B, s. 29 (9).
(z.1) providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the repeal of sections 79.3 to 79.10, including governing the disposition of amounts referred to in section 79.13;
(z.2) prescribing information that must or that may be included on invoices issued to low-volume consumers or designated consumers in respect of electricity;
(z.3) respecting the manner in which invoices issued to low-volume consumers or designated consumers in respect of electricity are provided to those consumers;
(z.4) governing the amount of deposits charged by distributors as a condition of distributing electricity to consumers or of retailing electricity to consumers in order to meet a distributor’s obligations under section 29 of the Electricity Act, 1998, and requiring distributors to refund to consumers all or part of any such amounts charged after November 25, 2002;
(z.5) prescribing documents for the purpose of paragraph 6 of subsection 70.1 (7);
Note: On a day to be named by proclamation of the Lieutenant Governor, clauses (w) to (z.5) are repealed. If no proclamation date has been given before May 1, 2006, then clauses (w) to (z.5) are repealed on May 1, 2006. See: s. 79.11 and 2004, c. 23, Sched. B, s. 24.
(z.6) prescribing classes of consumers for the purposes of section 79.16;
(z.7) prescribing prices or methods for determining prices for the purpose of clause 79.16 (1) (a), including prescribing separate prices or methods for different situations, including situations defined with respect to types of consumers and amounts of electricity used;
(z.8) governing the determination of rates by the Board under clause 79.16 (1) (b), including,
(i) prescribing methods of and procedures for determining rates, including requiring persons licensed under this Part to participate in those methods and procedures and to enter into contracts or other arrangements as part of those methods and procedures, and
(ii) prescribing different situations for which separate rates must be determined, including situations defined with respect to types of consumers, amounts of electricity used and times when electricity is used;
(z.9) prescribing a date for the purpose of subsection 79.16 (1);
(z.10) prescribing criteria for the purposes of clause 79.16 (4) (b);
(z.11) prescribing classes of consumers for the purposes of section 79.17 and information that must or may be included on invoices issued in respect of electricity to consumers in one or more of the prescribed classes;
(z.12) respecting the manner in which invoices issued in respect of electricity to consumers who are members of a class of consumers prescribed for the purposes of section 79.17 are to be provided to those consumers. 1998, c. 15, Sched. B, s. 88 (1); 2002, c. 1, Sched. B, s. 10; 2002, c. 23, s. 4 (14-17); 2003, c. 3, s. 56 (1, 2); 2003, c. 8, s. 11; 2004, c. 23, Sched. B, s. 29 (1-11).
Retroactive
(2) A regulation made under clause (1) (i.5), (i.9) or (z.7) may apply in respect of an amount payable before the day the regulation is filed. 2004, c. 23, Sched. B, s. 29 (12).
Same
(2.0.1) A regulation made under clause (1) (i.8), (i.9), (i.10) or (i.11) may apply with respect to a period before it is filed. 2004, c. 23, Sched. B, s. 29 (12).
Conflict with market rules
(2.0.2) In the event of a conflict, a regulation made under clause (1) (i.5), (i.6), (i.9), (i.10) or (i.11) prevails over the market rules to the extent of the conflict. 2004, c. 23, Sched. B, s. 29 (12).
Commodity price for electricity
(2.1) The first regulation made under clause (1) (r) or (t) may provide that it applies to electricity used before the regulation came into force, but the regulation may not apply to electricity used before December 1, 2002. 2002, c. 23, s. 4 (18).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2.1) is repealed. If no proclamation date has been given before May 1, 2006, then subsection (2.1) is repealed on May 1, 2006. See: s. 79.11 and 2004, c. 23, Sched. B, s. 24.
(2.2) Repealed: 1998, c. 15, Sched. B, s. 79.11.
Subdelegation
(2.3) A regulation under clause (1) (x) may authorize a person to determine any matter that may be determined by the Lieutenant Governor in Council under that clause. 2002, c. 23, s. 4 (18).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2.3) is repealed. If no proclamation date has been given before May 1, 2006, then subsection (2.3) is repealed on May 1, 2006. See: s. 79.11 and 2004, c. 23, Sched. B, s. 24.
General or particular
(3) A regulation under this section may be general or particular in its application. 1998, c. 15, Sched. B, s. 88 (3).
Compensation of distributors, retailers, etc.
Purposes
88.0.1 (1) The purpose of this section is to make such financial arrangements as the Lieutenant Governor in Council or a person referred to in subsection (4) considers appropriate,
(a) to compensate distributors for payments made by them under section 79.1 and for reductions made to PPVA accounts or equal billing plan accounts under that section, other than reductions related to interest;
(b) to compensate retailers for payments made by them under section 79.1;
(c) to compensate the IESO for payments made by it under section 79.2;
(c.1) to provide for payments to consumers, if the Minister determines that, in respect of all periods to which clause 79.4 (1) (a) or 79.16 (1) (a) applied, the total of the amount received by the Financial Corporation in connection with this Act and the amount received by the OPA under section 25.33 of the Electricity Act, 1998 exceeds the total of the amount expended by the Financial Corporation in connection with this Act and the amount expended by the OPA under section 25.33 of the Electricity Act, 1998;
(c.2) to compensate distributors, retailers, the IESO and the OPA for payments made by them pursuant to clause (c.1);
(d) to offset differences between the commodity price for electricity in contracts between retailers and consumers that were in effect on November 11, 2002 and the commodity price for electricity in the IESO-administered markets;
(e) to offset differences between the commodity price for electricity supplied by generators and the commodity price for electricity payable by consumers as a result of the operation of clause 79.4 (1) (a), section 79.5 and clause 79.16 (1) (a);
(e.1) to compensate the OPA for payments made by it under section 25.33 of the Electricity Act, 1998 in respect of any period during which either clause 79.4 (1) (a) or 79.16 (1) (a) applies; and
(f) to make payments to the IESO in respect of liabilities or expenses it incurs after the coming into force of this section as a result of carrying out its objects under the Electricity Act, 1998. 2002, c. 23, s. 4 (19); 2003, c. 8, s. 12 (1); 2004, c. 23, Sched. B, s. 30 (1-7).
Regulations
(2) The Lieutenant Governor in Council may make regulations,
(a) requiring the Financial Corporation or a subsidiary of the Financial Corporation to make payments to distributors, retailers, the IESO or the OPA, requiring the OPA to make payments to distributors, retailers or the IESO and prescribing methods for determining the amounts payable;
(b) requiring distributors to make payments to retailers and prescribing methods for determining the amounts payable;
(c) requiring the IESO, the OPA or a distributor or retailer to make payments to the Financial Corporation or a subsidiary of the Financial Corporation and prescribing methods for determining the amounts payable;
(c.1) requiring distributors, retailers or the IESO to make payments to consumers to whom either clause 79.4 (1) (a) or 79.16 (1) (a) applied and prescribing rules for calculating the amount of the payments and for determining the classes of consumers who are entitled to receive payments;
(d) governing the payments required under clause (a), (b), (c) or (c.1), including methods of payment and the times within which payments must be made;
(e) governing the calculation of amounts payable by distributors and consumers to the IESO for the operation of the IESO-administered markets and the operation of the IESO-controlled grid;
(f) authorizing distributors to set off amounts against amounts they owe to the IESO or other distributors, and prescribing methods for determining the amounts that may be set off;
(g) governing the set-offs authorized under clause (f), including methods of set-off and the times within which amounts may be set off;
(h) for the purposes of this section, requiring distributors, retailers or consumers to provide information to the Financial Corporation or a subsidiary of the Financial Corporation, the IESO, the OPA or distributors, requiring the IESO to provide information to the Financial Corporation or a subsidiary of the Financial Corporation, the OPA or distributors and requiring the OPA to provide information to the Financial Corporation or a subsidiary of the Financial Corporation, the IESO or distributors;
(i) prescribing a day for the purposes of subsection (2.1). 2002, c. 23, s. 4 (19); 2003, c. 8, s. 12 (2-4); 2004, c. 23, Sched. B, s. 30 (8-14).
Application of regulations
(2.1) A regulation made under clause (2) (a), (b), (c), (c.1), (d), (e), (f), (g) or (h) applies only with respect to electricity generated or consumed before the day prescribed for the purposes of this subsection. 2004, c. 23, Sched. B, s. 30 (15).
General or particular
(3) A regulation under subsection (2) may be general or particular in its application. 2002, c. 23, s. 4 (19).
Subdelegation
(4) A regulation under subsection (2) may authorize a person to require, authorize, prescribe or otherwise determine any matter that may be required, authorized, prescribed or otherwise determined by the Lieutenant Governor in Council under subsection (2). 2002, c. 23, s. 4 (19).
Provision of information
(5) A person may do anything required by a regulation made under clause (2) (h) despite any agreement to the contrary, the person is not liable for doing the thing in contravention of any agreement to the contrary, and doing the thing shall be deemed not to constitute a breach, termination, repudiation or frustration of any contract. 2002, c. 23, s. 4 (19).
Conflict with market rules
(6) In the event of a conflict, a regulation made under clause (2) (c), (c.1), (d), (e), (f) or (g) prevails over the market rules to the extent of the conflict. 2002, c. 23, s. 4 (19); 2003, c. 8, s. 12 (5).
No assignment
(6.1) An assignment by a consumer to a retailer of the entitlement to any payment does not apply to a payment that is required by the regulations made under clause (2) (c.1), whether the assignment was made before or after this subsection comes into force. 2003, c. 8, s. 12 (6).
Purpose of payments
(6.2) Any payments that are required by the regulations made under clause (2) (c.1) are for the purpose of reimbursing consumers for part of the commodity price they paid for electricity. 2003, c. 8, s. 12 (6).
Investigations and inquiries
(7) Any person thereunto authorized by the Minister of Finance for any purpose related to the administration of this section or any regulation made under it may at all reasonable times enter into any premises or place where any business is carried on or any property is kept or anything is done in connection with any business, and,
(a) audit or examine the books and records and any account, voucher, letter or other document that relates or may relate to the information that is or should be in the books or records;
(b) examine any property, process or matter, an examination of which may, in the person’s opinion, assist in ascertaining the information that is or should be in the books or records; and
(c) require a distributor, retailer, the IESO or the OPA or a partner or the president, manager, secretary or any director, agent or representative thereof and any other person on the premises of a distributor, retailer, the IESO or the OPA to give him or her all reasonable assistance with the audit or examination and to answer all questions relating to the audit or examination, either orally or, if he or she so requires, in writing, on oath or by statutory declaration, and for that purpose require such person to attend at the premises or place with him or her. 2002, c. 23, s. 4 (19); 2004, c. 23, Sched. B, s. 30 (16).
Same
(8) The Minister of Finance may, for any purpose related to the administration of this section or the regulations made under it, by registered letter, or by a demand served personally or delivered by a courier service, within such reasonable time as is stipulated in the registered letter or demand, require from any person, partnership, syndicate, trust, corporation, or other business entity or from any partner, agent, member, director or officer thereof,
(a) any information required to be provided to any person by a regulation under clause (2) (h);
(b) production of books, letters, accounts, invoices, financial statements, computer programs or data files, or any other documents on paper or stored electronically;
(c) particulars of any amounts paid or payable to or by, or held on behalf of, a distributor, retailer, consumer, the IESO or the OPA; or
(d) a written statement, concerning any matter that may be relevant to the administration of this section or the regulations made under it. 2002, c. 23, s. 4 (19); 2004, c. 23, Sched. B, s. 30 (16).
Same
(9) The Minister of Finance may require that a written statement referred to in clause (8) (d) be made by way of affidavit or statutory declaration. 2002, c. 23, s. 4 (19).
Admission of evidence
(10) The Minister of Finance, or a person authorized by the Minister, may, for any purpose related to the administration of this section or the regulations made under it, reproduce from original data stored electronically any information previously submitted as required under this section or the regulations in any form by any person, and the electronically reproduced document shall be admissible in evidence and shall have the same probative force as the original document would have had if it had been proved in the ordinary way. 2002, c. 23, s. 4 (19).
Inquiry
(11) The Minister of Finance may, for any purpose related to the administration of this section or the regulations made under it, authorize any person, whether or not the person is an officer of the Ministry of Finance, to make such inquiry as the Minister of Finance considers necessary with reference to anything relating to the administration of this section or the regulations. 2002, c. 23, s. 4 (19).
Copies
(12) If a book, record or other document is examined or produced under this section, the person by whom it is examined or to whom it is produced or any officer of the Ministry of Finance may make, or cause to be made, one or more copies thereof, and a document purporting to be certified by the person to be a copy made pursuant to this section is admissible in evidence and has the same probative force as the original document would have if proved in the ordinary way. 2002, c. 23, s. 4 (19).
Compliance
(13) No person shall hinder or molest or interfere with any person doing anything that the person is authorized by this section to do or prevent or attempt to prevent any person doing any such thing. 2002, c. 23, s. 4 (19).
Same
(14) Despite any other law to the contrary, every person shall, unless the person is unable to do so, do everything he, she or it is required by this section to do. 2002, c. 23, s. 4 (19).
Administration of oaths
(15) Declarations or affidavits in connection with statements of information submitted pursuant to this section may be taken before any person having authority to administer an oath or before any person specially authorized for that purpose by the Lieutenant Governor in Council, but any person so specially authorized shall not charge any fee therefor. 2002, c. 23, s. 4 (19).
Powers of inquiry
(16) For the purpose of an inquiry under subsection (11), the person authorized to make the inquiry has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the inquiry as if it were an inquiry under that Act. 2002, c. 23, s. 4 (19).
No approval required for subsidiary
(17) A subsidiary of the Financial Corporation may be established for the purposes of this section without the approval of the Minister of Finance under subsection 72 (1) of the Electricity Act, 1998. 2002, c. 23, s. 4 (19).
Money paid to Financial Corporation
(18) Money paid to the Financial Corporation or a subsidiary of the Financial Corporation under this section is the property of the Financial Corporation or the subsidiary, as the case may be. 2002, c. 23, s. 4 (19).
Repeal
(19) This section is repealed on a day to be named by proclamation of the Lieutenant Governor. 2004, c. 23, Sched. B, s. 30 (17).
PART V.1
ENERGY CONSUMERS’ BILL OF RIGHTS
Definitions
“consumer” means,
(a) in respect of the retailing of electricity, a consumer as defined in section 56 who annually uses less than the amount of electricity prescribed by regulation, and
(b) in respect of gas marketing, a low-volume consumer as defined in section 47; (“consommateur”)
“contract” means an agreement between a consumer and a retailer of electricity for the provision of electricity or an agreement between a consumer and a gas marketer for the provision of gas; (“contrat”)
“gas marketer” and “gas marketing” have the same meaning as in section 47; (“agent de commercialisation de gaz”, “commercialisation de gaz”)
“retail”, with respect to electricity, has the same meaning as in section 56 and “retailing” has a corresponding meaning. (“vendre au détail”, “vente au détail”) 2002, c. 1, Sched. B, s. 11.
Application
88.2 (1) This Part applies to gas marketing and retailing of electricity to consumers. 2002, c. 1, Sched. B, s. 11.
Agreement or waiver to the contrary
(2) This Part applies despite any agreement or waiver to the contrary. 2002, c. 1, Sched. B, s. 11.
Rights of consumer preserved
88.3 (1) The rights of a consumer under this Part are in addition to any other rights of the consumer under any other Act or by operation of law and nothing in this Act shall be construed to limit any such rights of the consumer. 2002, c. 1, Sched. B, s. 11.
Conflict
(2) In the event of a conflict between a provision in this Part and a provision in any other Act, the provision that provides the greater protection to the consumer prevails. 2002, c. 1, Sched. B, s. 11.
Unfair practices
88.4 (1) No gas marketer or retailer of electricity shall engage in an unfair practice. 2002, c. 1, Sched. B, s. 11.
Unfair practices: gas marketers
(2) A gas marketer shall be deemed to be engaging in an unfair practice if,
(a) it engages in any practice prescribed by regulation as an unfair practice or it fails to do anything where such failure constitutes an unfair practice as prescribed by regulation; or
(b) Repealed: 2003, c. 3, s. 57 (1).
(c) a salesperson acting on behalf of the gas marketer does or fails to do anything that would be an unfair practice if done or if failed to be done by the gas marketer. 2002, c. 1, Sched. B, s. 11; 2003, c. 3, s. 57 (1).
Unfair practices: retailers of electricity
(3) A retailer of electricity shall be deemed to be engaging in an unfair practice if,
(a) it engages in any practice prescribed by regulation as an unfair practice or it fails to do anything where such failure constitutes an unfair practice as prescribed by regulation; or
(b) Repealed: 2003, c. 3, s. 57 (2).
(c) a salesperson acting on behalf of the retailer of electricity does or fails to do anything that would be an unfair practice if done or if failed to be done by the retailer of electricity. 2002, c. 1, Sched. B, s. 11; 2003, c. 3, s. 57 (2).
Definition
(4) In this section,
“salesperson” means,
(a) in respect of gas marketing, a person who is employed by or otherwise conducts gas marketing on behalf of a gas marketer or makes representations to consumers on behalf of a gas marketer for the purpose of effecting sales of gas or entering into agency agreements with consumers, and
(b) in respect of the retailing of electricity, a person who is employed by or otherwise conducts retailing of electricity on behalf of a retailer of electricity or makes representations to consumers on behalf of a retailer of electricity for the purpose of effecting sales of electricity or entering into agency agreements with consumers. 2002, c. 1, Sched. B, s. 11.
88.5 Repealed: 2003, c. 3, s. 58.
88.6 Repealed: 2003, c. 3, s. 58.
88.7 Repealed: 2003, c. 3, s. 58.
88.8 Repealed: 2003, c. 3, s. 58.
Written copy of contract
88.9 (1) If a retailer of electricity or gas marketer enters into a contract with a consumer, the retailer of electricity or gas marketer shall deliver a written copy of the contract to the consumer within the time prescribed by regulation. 2002, c. 1, Sched. B, s. 11.
Contract ceases to have effect
(2) If a gas marketer or retailer of electricity fails to deliver a written copy of the contract in accordance with subsection (1), the contract ceases to have effect. 2002, c. 1, Sched. B, s. 11.
Need to reaffirm contract
(3) If a contract has been delivered to a consumer in accordance with subsection (1), the contract ceases to have effect unless it is reaffirmed by the consumer in accordance with this section before the 61st day following the day on which the written copy of the contract is delivered to the consumer. 2002, c. 1, Sched. B, s. 11; 2003, c. 3, s. 59 (1).
Consumer to take steps to reaffirm
(4) A consumer may reaffirm a contract only by taking such steps as are prescribed by regulation. 2003, c. 3, s. 59 (2).
Restriction on reaffirmation
(4.1) Unless authorized by regulation, the consumer may not reaffirm the contract under subsection (4) before the 10th day after a written copy of the contract is delivered to the consumer in accordance with subsection (1). 2003, c. 3, s. 59 (2).
Effect of reaffirmation
(5) A consumer who has reaffirmed a contract in accordance with subsection (4) may not give notice under subsection (6) to not reaffirm the contract. 2002, c. 1, Sched. B, s. 11.
Contract not reaffirmed
(6) The consumer may give notice to not reaffirm the contract in accordance with the regulations at any time before the 61st day following the day on which the written copy of the contract is delivered to the consumer. 2002, c. 1, Sched. B, s. 11; 2003, c. 3, s. 59 (3).
Application of subss. (1) to (6)
(7) Subsections (1), (2), (3), (4), (5) and (6) apply with respect to contracts entered into on or after the day on which this section comes into force. 2002, c. 1, Sched. B, s. 11.
Renewal or extension of contract
(8) A contract with a consumer may be renewed or extended only in accordance with the regulations. 2002, c. 1, Sched. B, s. 11.
Application of subs. (8)
(9) Subsection (8) applies to the renewal or extension of any contract that would, if not renewed or extended, expire after subsection (8) comes into force. 2002, c. 1, Sched. B, s. 11.
Contract ceases to have effect
(10) A contract ceases to have effect on a day prescribed by regulation or determined in accordance with the regulations,
(a) if the contract is not delivered to the consumer in accordance with subsection (1);
(b) if the contract is delivered and the consumer does not reaffirm the contract in accordance with subsection (4); or
(c) if the contract is delivered and the consumer gives notice not to reaffirm the contract in accordance with subsection (6). 2002, c. 1, Sched. B, s. 11.
No cause of action
(11) No cause of action against the consumer arises as a result of a contract ceasing to have effect under this section. 2002, c. 1, Sched. B, s. 11.
Return of prepayment
(12) Within 15 days after a contract ceases to have effect pursuant to this section, the retailer of electricity or gas marketer shall refund to the consumer any amount paid under the contract before the day the contract ceased to have effect in respect of electricity or gas that was to be sold on or after that day. 2002, c. 1, Sched. B, s. 11.
Consequence of contract ceasing to have effect
(13) If a contract respecting gas ceases to have effect under this section, the consumer has no further obligations as of the day prescribed by regulation or determined in accordance with the regulations under that contract or any agreement entered into by the gas marketer as agent or broker for the consumer for the provision of gas. 2002, c. 1, Sched. B, s. 11.
Same
(14) If a contract respecting electricity ceases to have effect under this section, the consumer has no further obligations as of the day prescribed by regulation or determined in accordance with the regulations under that contract or any agreement entered into by the retailer of electricity as agent or broker for the consumer for the provision of electricity. 2002, c. 1, Sched. B, s. 11.
No cause of action
(15) No cause of action against the consumer arises as a result of the operation of subsection (13) or (14). 2002, c. 1, Sched. B, s. 11.
Application of subss. (3) to (6) and cl. (10) (b) and (c)
(16) Subsections (3) to (6) and clauses (10) (b) and (c) do not apply to the following contracts:
1. A contract negotiated and entered into as a result of a consumer contacting a gas marketer or retailer of electricity, unless the contact occurs within 30 days after the gas marketer or retailer of electricity contacts the consumer.
2. A contract entered into by a consumer’s response to a direct mail solicitation from a gas marketer or retailer of electricity.
3. An internet agreement within the meaning of Part IV of the Consumer Protection Act, 2002. 2003, c. 3, s. 59 (4).
Same
(17) For the purpose of paragraph 1 of subsection (16), a gas marketer or retailer of electricity shall be deemed not to have contacted a consumer if the only contact by the gas marketer or retailer of electricity is through the dissemination of an advertisement that is seen or heard by the consumer. 2003, c. 3, s. 59 (4).
Reaffirmation of existing contracts
Application
88.9.1 (1) This section applies in respect of contracts for electricity between retailers and residential consumers that are entered into or renewed on or after June 15, 2004 and before the day prescribed by the regulations. 2004, c. 23, Sched. B, s. 31.
Contract ceases to have effect if not reaffirmed
(2) A contract for electricity to which this section applies ceases to have effect on a day determined under the regulations unless the consumer under the contract reaffirms the contract in accordance with the regulations. 2004, c. 23, Sched. B, s. 31.
Recovery of overpayments
(3) A consumer may recover an amount paid under a contract that ceases to have effect under subsection (2) if,
(a) the amount was paid before the contract ceased to have effect; and
(b) the amount was paid in respect of electricity that was to have been supplied after the contract ceased to have effect. 2004, c. 23, Sched. B, s. 31.
No cause of action
(4) No cause of action arises as a result of a contract ceasing to have effect under subsection (2). 2004, c. 23, Sched. B, s. 31.
Regulations
(5) The Lieutenant Governor in Council may make regulations,
(a) prescribing a date for the purposes of subsection (1);
(b) governing reaffirmations of contracts for the purposes of this section;
(c) prescribing rules for determining the day as of which a contract ceases to have effect if it is not reaffirmed. 2004, c. 23, Sched. B, s. 31.
Information required in contract
88.10 (1) A contract with a consumer must,
(a) in the case of retailing of electricity and in the case of gas marketing, contain such information as may be required by regulation, presented in the manner, if any, prescribed by regulation;
(b) in the case of the retailing of electricity by a retailer of electricity, contain such information as may be required by a code issued under section 70.1, presented in the manner, if any, required by the code, if a condition of a licence requires the retailer to comply with the code; and
(c) in the case of gas marketing, contain such information as may be required by rules made by the Board pursuant to clause 44 (1) (c), presented in the manner, if any, required by the rules. 2002, c. 1, Sched. B, s. 11; 2003, c. 3, s. 60.
Cancellation of contract
(2) A consumer may cancel a contract referred to in subsection (1) within one year after the date of entering into the contract if the contract does not meet the requirements referred to in subsection (1). 2002, c. 1, Sched. B, s. 11.
Application
(3) Subsections (1) and (2) apply with respect to contracts entered into on or after the day on which this section comes into force. 2002, c. 1, Sched. B, s. 11.
No required form for cancellation
88.11 (1) Cancellation of a contract by a consumer pursuant to this Part may be expressed in writing in any way, as long as it indicates the intention of the consumer to cancel the contract. 2002, c. 1, Sched. B, s. 11.
Means of delivery
(2) The notice of cancellation may be given to a gas marketer or retailer of electricity by any means that provides evidence of the date on which the consumer delivered or sent the notice including personal service, registered mail, courier or fax. 2002, c. 1, Sched. B, s. 11.
When given
(3) Where the notice is given other than by personal service, the notice of cancellation shall be deemed to have been given when sent. 2002, c. 1, Sched. B, s. 11.
Effect of cancellation
(4) If a contract respecting gas is cancelled pursuant to this Part, the cancellation takes effect on a day prescribed by regulation or determined in accordance with the regulations, and the consumer has no further obligations as of that day under that contract or under any agreement entered into by the gas marketer as agent or broker for the consumer for the provision of gas. 2002, c. 1, Sched. B, s. 11.
Retailer to ensure reading of consumer’s meter
(5) If a consumer gives notice of cancellation under subsection (2) with respect to a contract for the provision of electricity, the retailer of electricity shall promptly notify the distributor that the contract has been cancelled and the distributor shall read the consumer’s electricity meter within the period prescribed by regulation. 2002, c. 1, Sched. B, s. 11.
Retailer responsible for additional costs
(6) The retailer of electricity is responsible for the payment to the distributor of any additional costs that are incurred by the distributor to ensure compliance with subsection (5). 2002, c. 1, Sched. B, s. 11.
Same
(7) If a contract respecting electricity is cancelled pursuant to this Part, the cancellation takes effect on a day prescribed by regulation or determined in accordance with the regulations, and the consumer has no further obligations as of that day under that contract or under any agreement entered into by the retailer of electricity as agent or broker for the consumer for the provision of electricity. 2002, c. 1, Sched. B, s. 11.
Same
(8) No cause of action against the consumer arises as a result of the cancellation of a contract under this Part or as a result of the operation of subsection (4) or (7). 2002, c. 1, Sched. B, s. 11.
Return of prepayment
(9) Within 15 days after a cancellation takes effect under this section, the retailer of electricity or gas marketer shall refund to the consumer any amount paid under the contract before the day the cancellation took effect in respect of electricity or gas that was to be sold on or after that day. 2002, c. 1, Sched. B, s. 11.
False advertising
88.12 No gas marketer or retailer of electricity shall make false, misleading or deceptive statements in any advertisement, circular, pamphlet or material published by any means relating to gas marketing or the retailing of electricity to consumers. 2002, c. 1, Sched. B, s. 11.
88.13 Repealed: 2003, c. 3, s. 61.
88.14 Repealed: 2003, c. 3, s. 61.
PART VI
TRANSMISSION AND DISTRIBUTION LINES
Definitions, Part VI
“electricity distribution line” means a line, transformers, plant or equipment used for conveying electricity at voltages of 50 kilovolts or less; (“ligne de distribution d’électricité”)
“electricity transmission line” means a line, transformers, plant or equipment used for conveying electricity at voltages higher than 50 kilovolts; (“ligne de transport d’électricité”)
“hydrocarbon line” means a pipe line carrying any hydrocarbon, other than a pipe line within an oil refinery, oil or petroleum storage depot, chemical processing plant or pipe line terminal or station; (“ligne pour hydrocarbures”)
“interconnection” means the plant, equipment and apparatus linking adjacent transmission or distribution systems as defined in Part V; (“interconnexion”)
“work” means a hydrocarbon line, electricity distribution line, electricity transmission line, interconnection or station. (“ouvrage”) 1998, c. 15, Sched. B, s. 89; 2003, c. 3, s. 62.
Leave to construct hydrocarbon line
90. (1) No person shall construct a hydrocarbon line without first obtaining from the Board an order granting leave to construct the hydrocarbon line if,
(a) the proposed hydrocarbon line is more than 20 kilometres in length;
(b) the proposed hydrocarbon line is projected to cost more than the amount prescribed by the regulations;
(c) any part of the proposed hydrocarbon line,
(i) uses pipe that has a nominal pipe size of 12 inches or more, and
(ii) has an operating pressure of 2,000 kilopascals or more; or
(d) criteria prescribed by the regulations are met. 2003, c. 3, s. 63 (1).
Exception
(2) Subsection (1) does not apply to the relocation or reconstruction of a hydrocarbon line unless the size of the line is changed or unless the acquisition of additional land or authority to use additional land is necessary. 1998, c. 15, Sched. B, s. 90 (2); 2003, c. 3, s. 63 (2).
Application for leave to construct hydrocarbon line or station
91. Any person may, before constructing a hydrocarbon line to which section 90 does not apply or a station, apply to the Board for an order granting leave to construct the hydrocarbon line or station. 2003, c. 3, s. 64.
Leave to construct, etc., electricity transmission or distribution line
92. (1) No person shall construct, expand or reinforce an electricity transmission line or an electricity distribution line or make an interconnection without first obtaining from the Board an order granting leave to construct, expand or reinforce such line or interconnection. 1998, c. 15, Sched. B, s. 92 (1).
Exception
(2) Subsection (1) does not apply to the relocation or reconstruction of an existing electricity transmission line or electricity distribution line or interconnection where no expansion or reinforcement is involved unless the acquisition of additional land or authority to use additional land is necessary. 1998, c. 15, Sched. B, s. 92 (2).
93. Repealed: 2003, c. 3, s. 65.
Route map
94. An applicant for an order granting leave under this Part shall file with the application a map showing the general location of the proposed work and the municipalities, highways, railways, utility lines and navigable waters through, under, over, upon or across which the proposed work is to pass. 1998, c. 15, Sched. B, s. 94.
Exemption, s. 90 or 92
95. The Board may, if in its opinion special circumstances of a particular case so require, exempt any person from the requirements of section 90 or 92 without a hearing. 1998, c. 15, Sched. B, s. 95.
Order allowing work to be carried out
96. (1) If, after considering an application under section 90, 91 or 92 the Board is of the opinion that the construction, expansion or reinforcement of the proposed work is in the public interest, it shall make an order granting leave to carry out the work. 1998, c. 15, Sched. B, s. 96.
Applications under s. 92
(2) In an application under section 92, the Board shall only consider the interests of consumers with respect to prices and the reliability and quality of electricity service when, under subsection (1), it considers whether the construction, expansion or reinforcement of the electricity transmission line or electricity distribution line, or the making of the interconnection, is in the public interest. 2003, c. 3, s. 66.
Condition, land-owner’s agreements
97. In an application under section 90, 91 or 92, leave to construct shall not be granted until the applicant satisfies the Board that it has offered or will offer to each owner of land affected by the approved route or location an agreement in a form approved by the Board. 1998, c. 15, Sched. B, s. 97.
Right to enter land
98. (1) Any person to whom the Board has granted leave under this Part or a predecessor of this Part and the officers, employees and agents of that person may enter on land at the intended location of any part of the proposed work and may make such surveys and examinations as are necessary for fixing the site of the work. 1998, c. 15, Sched. B, s. 98 (1).
Damages
(2) Any damages resulting from an entry onto land carried out under subsection (1) shall by determined by agreement or, failing agreement, in the manner set out in section 100. 1998, c. 15, Sched. B, s. 98 (2).
Expropriation
99. (1) The following persons may apply to the Board for authority to expropriate land for a work:
1. Any person who has leave under this Part or a predecessor of this Part.
2. Any person who intends to construct, expand or reinforce an electricity transmission line or an electricity distribution line or make an interconnection and who is exempted from the requirement to obtain leave by the Board under section 95 or a regulation made under clause 127 (1) (f). 1998, c. 15, Sched. B, s. 99 (1).
Hearing
(2) The Board shall set a date for the hearing of the application, but the date shall not be earlier than 14 days after the date of the application. 1998, c. 15, Sched. B, s. 99 (2).
Information to be filed
(3) The applicant shall file with the Board a plan and description of the land required, together with the names of all persons having an apparent interest in the land. 1998, c. 15, Sched. B, s. 99 (3).
(4) Repealed: 2003, c. 3, s. 67.
Power to make order
(5) If after the hearing the Board is of the opinion that the expropriation of the land is in the public interest, it may make an order authorizing the applicant to expropriate the land. 1998, c. 15, Sched. B, s. 99 (5).
Determination of compensation
100. If compensation for damages is provided for in this Part and is not agreed upon, the procedures set out in clauses 26 (a) and (b) of the Expropriations Act apply to the determination of the compensation, and the compensation shall be determined under section 27 of that Act or by the Ontario Municipal Board. 1998, c. 15, Sched. B, s. 100.
Crossings with leave
101. (1) Any person who has leave to construct a work under this Part may apply to the Board for authority to construct it upon, under or over a highway, utility line or ditch. 1998, c. 15, Sched. B, s. 101 (1).
Procedure
(2) The procedure set out in subsections 99 (1) to (4) applies with necessary modifications to an application under this section. 1998, c. 15, Sched. B, s. 101 (2).
Order
(3) Without any other leave and despite any other Act, if after the hearing the Board is of the opinion that the construction of the work upon, under or over a highway, utility line or ditch is in the public interest, it may make an order authorizing the construction upon such conditions as it considers appropriate. 1998, c. 15, Sched. B, s. 101 (3).
Right to compensation for damages
102. Any person who has acquired land for a work under this Part by agreement with the owner of the land shall pay to the owner due compensation for any damages resulting from the exercise of the person’s rights under the agreement and, if the compensation is not agreed upon, it shall be determined in the manner set out in section 100. 1998, c. 15, Sched. B, s. 102.
Entry upon land
103. (1) Any person may at any time enter upon land, without the consent of the owner of the land, for the purpose of inspecting, altering, maintaining, repairing, renewing, disconnecting, replacing or removing a work or part of a work where leave for the construction, expansion or reinforcement of the work or the making of an interconnection was granted under this Part or a predecessor of this Part. 1998, c. 15, Sched. B, s. 103 (1).
Compensation
(2) Compensation for any damages resulting from the exercise of a right under subsection (1), if not agreed upon by the person and the owner of the land, shall be determined in the manner set out in section 100. 1998, c. 15, Sched. B, s. 103 (2).
Non-application, Public Utilities Act, s. 58
104. If leave to construct a work has been granted under this Part, section 58 of the Public Utilities Act does not apply to that work. 1998, c. 15, Sched. B, s. 104.
105. Repealed: 2003, c. 3, s. 68.
PART VII
INSPECTORS AND INSPECTIONS
Inspectors
106. The Board’s management committee may appoint persons to exercise and perform the powers and duties of an inspector under this Part. 2003, c. 3, s. 69.
Power to require documents, etc.
107. (1) An inspector may, for the purposes of this Act and any other Act that gives powers or duties to the Board, require any of the following persons to provide documents, records or information:
1. A person required to have a licence under section 48 or 57.
2. A gas distributor, gas transmitter or gas storage company or an affiliate of a gas transmitter, gas distributor or gas storage company.
3. An affiliate of a person required to have a licence under clause 57 (a) or (b). 2003, c. 3, s. 70.
Application of subs. (1)
(2) Subsection (1) only applies to documents, records and information that relate to the following:
1. Activities for which a licence is required under section 48 or 57.
2. Gas distribution, gas transmission or gas storage, including the sale of gas by a gas distributor.
3. Transactions between a gas distributor, gas transmitter or gas storage company and its affiliates.
4. Transactions between a person required to have a licence under clause 57 (a) or (b) and its affiliates.
5. Adjustments, payments, set-offs and credits under sections 25.33 and 25.34 of the Electricity Act, 1998 and under the regulations made under clauses 114 (1.3) (f) and (h) of that Act.
6. Payments under sections 78.1 to 78.4. 2004, c. 23, Sched. B, s. 32.
Inspections
108. (1) An inspector may, for the purposes of this Act and any other Act that gives powers or duties to the Board, without a warrant or court order, at any reasonable time and with any reasonable assistance, conduct inspections and, for that purpose, the inspector may,
(a) enter any place that the inspector reasonably believes is likely to contain documents or records related to any of the activities referred to in subsection 107 (2); or
(b) enter any place where anything is being done that requires an order of the Board granting leave under Part VI. 2003, c. 3, s. 71 (1).
Same
(2) During an inspection under subsection (1), an inspector may,
(a) examine, record or copy any document or record, in any form, by any method;
(b) require any document or record that is required to be kept under this Act to be provided, in any form, and require any other document or record related to the purposes of the inspection to be provided, in any form;
(c) remove from a place documents or records, in any form, that are provided under clause (b) for the purpose of making copies;
(d) examine anything that is being done that requires an order of the Board granting leave under Part VI;
(e) make reasonable inquiries of any person, orally or in writing. 2003, c. 3, s. 71 (2).
Identification
(3) In exercising a power of entry under this section, the inspector shall, upon request, produce proper identification. 1998, c. 15, Sched. B, s. 108 (3); 2003, c. 3, s. 71 (3).
Duty to assist
(4) In exercising powers under this section, the inspector may require a person described in subsection 107 (1) or its officers, directors or employees to give all reasonable assistance to the inspector. 2003, c. 3, s. 71 (4).
Copying
(5) The inspector may, on giving a receipt, remove any document or record described in subsection (2) for the purpose of making copies or extracts and shall promptly return the document or record and obtain a written acknowledgment of its return. 2003, c. 3, s. 71 (4).
Documents in electronic form
(6) If a document or record is kept in electronic form, the inspector may require that a copy of it be provided to him or her on paper or in a machine-readable medium or both. 1998, c. 15, Sched. B, s. 108 (6); 2003, c. 3, s. 71 (5).
Evidence
(7) Copies or extracts from documents or records removed under this section and certified as being true copies or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals. 1998, c. 15, Sched. B, s. 108 (7).
Dwellings
(8) This section does not authorize a person to enter a room or place actually used as a dwelling without the consent of the occupier except under the authority of a warrant issued under subsection (9). 1998, c. 15, Sched. B, s. 108 (8).
Warrant
(9) A justice of the peace may issue a warrant authorizing a person named in the warrant to enter a place identified in the warrant and exercise the powers given under this section if the justice of the peace is satisfied by information on oath that,
(a) there is reasonable ground to believe that,
(i) there are documents or records located in the place that are relevant to the carrying out of an inspection, or
(ii) anything is being done in the place that requires an order of the Board granting leave under Part VI; and
(b) entry to the place has been or will be denied. 2003, c. 3, s. 71 (6).
Same
(10) A warrant issued under this section shall,
(a) specify the hours and days during which it may be executed; and
(b) name a date on which it expires, which date shall not be later than 15 days after its issue. 1998, c. 15, Sched. B, s. 108 (10).
Extension
(11) Upon application without notice by the person named in a warrant, a justice of the peace may, before or after the warrant expires, extend the date on which the warrant expires for an additional period of not more than 15 days. 1998, c. 15, Sched. B, s. 108 (11).
Notifying Board
109. An inspector shall notify the Board of all matters he or she thinks relevant to Board proceedings or possible future Board proceedings. 1998, c. 15, Sched. B, s. 109; 2003, c. 3, s. 72.
Evidence, Board proceedings
Witnesses
110. (1) An inspector may be called as a witness by the Board in any Board proceeding. 1998, c. 15, Sched. B, s. 110 (1); 2003, c. 3, s. 73 (1).
No privilege
(2) No document, record or copy thereof obtained by an inspector under section 107 or 108, and no information obtained by an inspector under section 107, shall be excluded as evidence on the ground of privilege in any Board proceeding. 2003, c. 3, s. 73 (2).
Notice
(3) No document, record or copy thereof obtained by an inspector under section 107 or 108, and no information obtained by an inspector under section 107, shall be introduced in evidence in a Board proceeding unless,
(a) the Board gives the owner of the document or record or the person who provided the information notice that the inspector intends to introduce the evidence; and
(b) the Board gives the owner of the document or record or the person who provided the information an opportunity to make representations with respect to the intended introduction of that evidence. 2003, c. 3, s. 73 (3).
(4) Repealed: 2003, c. 3, s. 73 (3).
Confidentiality
111. (1) All documents and records obtained by an inspector under section 107 or 108, and information obtained by an inspector under section 107, are confidential and shall not be disclosed to any person other than a member of the Board or an employee of the Board except,
(a) as may be required in connection with the administration of this Act or any other Act that gives powers or duties to the Board or in any proceeding under this or any other Act that gives powers or duties to the Board;
(b) to counsel for the Board or an employee of the Board; or
(c) with the consent of the owner of the document or record or the person who provided the information. 2003, c. 3, s. 74.
Same
(2) If any document, record or information obtained by an inspector under section 107 or 108 is admitted in evidence in a proceeding under this Act or any other Act that gives powers or duties to the Board, the Board may rule on whether the document, record or information is to be kept confidential. 2003, c. 3, s. 74.
Evidence
112. No document, record or information obtained by an inspector under this Part is admissible in evidence in any proceeding except a proceeding in respect of an order of the Board or a proceeding in respect of an offence under section 126. 2003, c. 3, s. 75.
Definition: “enforceable provision”
“enforceable provision” means,
(a) a provision of this Act or the regulations,
(b) section 25.33, 25.34, 26, 27, 28, 29 or 31 of the Electricity Act, 1998, or any other provision of that Act that is prescribed by the regulations,
(b.1) regulations made under clause 114 (1.3) (f) or (h) of the Electricity Act, 1998,
(c) a condition of a licence issued under Part IV or V,
(d) a provision of the rules made by the Board under section 44,
(e) a provision of an order of the Board, or
(f) a provision of an assurance of voluntary compliance that is given to the Board under section 112.7 or that was entered into under section 88.8 before that section was repealed. 2003, c. 3, s. 76; 2004, c. 23, Sched. B, s. 33.
Procedure for orders under ss. 112.3 to 112.5
112.2 (1) An order under section 112.3, 112.4 or 112.5 may only be made on the Board’s own motion. 2003, c. 3, s. 76.
Notice
(2) The Board shall give written notice to a person that it intends to make an order under section 112.3, 112.4 or 112.5. 2003, c. 3, s. 76.
Contents of notice
(3) Notice under subsection (2) shall set out the reasons for the proposed order and shall advise the person that, within 15 days after receiving the notice, the person may give notice requiring the Board to hold a hearing. 2003, c. 3, s. 76.
Hearing
(4) A person to whom notice is given under subsection (2) may, within 15 days after receiving the notice, give notice to the Board requiring the Board to hold a hearing. 2003, c. 3, s. 76.
If hearing not required
(5) If no notice requiring a hearing is given within the time permitted by subsection (4), the Board may make an order. 2003, c. 3, s. 76.
Interim orders under s. 112.3
(6) An interim order of the Board may be made under section 112.3, with or without a hearing, and may take effect before the time for giving notice under subsection (4) has expired. 2003, c. 3, s. 76.
Action required to comply, etc.
112.3 (1) If the Board is satisfied that a person has contravened or is likely to contravene an enforceable provision, the Board may make an order requiring the person to comply with the enforceable provision and to take such action as the Board may specify to,
(a) remedy a contravention that has occurred; or
(b) prevent a contravention or further contravention of the enforceable provision. 2003, c. 3, s. 76.
Application
(2) This section applies to contraventions that occur before or after this section comes into force. 2003, c. 3, s. 76.
Suspension or revocation of licences
112.4 (1) If the Board is satisfied that a person who holds a licence under Part IV or V has contravened an enforceable provision, the Board may make an order suspending or revoking the licence. 2003, c. 3, s. 76.
Application
(2) This section applies to contraventions that occur before or after this section comes into force. 2003, c. 3, s. 76.
Administrative penalties
112.5 (1) If the Board is satisfied that a person has contravened an enforceable provision, the Board may, subject to the regulations under subsection (5), make an order requiring a person to pay an administrative penalty in the amount set out in the order for each day or part of a day on which the contravention occurred or continues. 2003, c. 3, s. 76.
Limitation
(2) The Board shall not make an order under subsection (1) in respect of a contravention later than two years after the later of,
(a) the day the contravention occurred; and
(b) the day on which the evidence of the contravention first came to the attention of the Board. 2003, c. 3, s. 76.
Amount of penalty, limited
(3) An administrative penalty in respect of a contravention shall not exceed $20,000 for each day or part of a day on which the contravention occurs or continues. 2003, c. 3, s. 76.
No offence to be charged if penalty is paid
(4) If a person who is required by an order under subsection (1) to pay an administrative penalty in respect of a contravention pays the amount of the penalty in accordance with the order, the person shall not be charged with an offence in respect of the contravention. 2003, c. 3, s. 76.
Regulations
(5) The Lieutenant Governor in Council may make regulations,
(a) specifying types of contraventions in respect of which an order may not be made under this section and circumstances when the Board shall not make an order under this section;
(b) governing the determination of the amounts of administrative penalties, including the criteria to be considered and including providing for different amounts depending on when an administrative penalty is paid;
(c) respecting any other matter necessary for the administration of the system of administrative penalties provided for by this section. 2003, c. 3, s. 76.
General or particular
(6) A regulation under subsection (5) may be general or particular in its application. 2003, c. 3, s. 76.
Application
(7) Subject to subsection (8), this section applies to contraventions that occur before or after this section comes into force. 2003, c. 3, s. 76.
Same
(8) This section does not apply to a contravention that occurred before this section came into force unless, at the time it occurred, section 125.2 was in force and a notice could have been issued in respect of the contravention under that section. 2003, c. 3, s. 76.
Restraining orders
112.6 The Board may apply to the Superior Court of Justice for an order directing a person not to contravene an enforceable provision, and the court may make that order or such other order as the court considers just. 2003, c. 3, s. 76.
Voluntary compliance
112.7 (1) A person may give the Board a written assurance of voluntary compliance,
(a) to refrain from contravening an enforceable provision specified in the assurance;
(b) to take such action as is specified in the assurance to remedy a contravention of an enforceable provision; or
(c) to take such action as is specified in the assurance to prevent a contravention of an enforceable provision. 2003, c. 3, s. 76.
Force and effect
(2) An assurance of voluntary compliance has the same force and effect as an order of the Board. 2003, c. 3, s. 76.
Public record
(3) The Board shall maintain a public record of assurances of voluntary compliance given under this section. 2003, c. 3, s. 76.
PART VIII
GAS PRIORITIES AND ALLOCATION
Note: Section 113 comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 1998, c. 15, Sched. B, s. 132.
Purpose, Part VIII
113. The purpose of this Part is to provide for the fair allocation of gas where there is an existing or impending shortage of gas. 1998, c. 15, Sched. B, s. 113.
Note: Section 114 comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 1998, c. 15, Sched. B, s. 132.
Definitions, Part VIII
“consumer” includes a distributor who purchases all or part of the distributor’s supply of gas from another distributor; (“consommateur”)
“distributor” means a person who supplies gas to a consumer. (“distributeur”) 1998, c. 15, Sched. B, s. 114.
Note: Section 115 comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 1998, c. 15, Sched. B, s. 132.
Approved allocation plans
115. (1) If an allocation plan governing a distributor is approved by the Board, the distributor shall supply gas only in accordance with the allocation plan. 1998, c. 15, Sched. B, s. 115 (1).
Filing by distributor
(2) Every distributor, at such times as may be prescribed by regulation, shall file with the Board,
(a) an estimate of the quantity of gas that will be available to the distributor to supply the requirements of its consumers for gas for such periods of time as may be prescribed by regulation; and
(b) the distributor’s proposed plan for the allocation of the gas referred to in clause (a). 1998, c. 15, Sched. B, s. 115 (2).
Approval of allocation plan
(3) The Board shall consider the proposed allocation plan filed by a distributor together with any objections or submissions filed and shall by order approve the plan with or without modifications or additions as determined by the Board. 1998, c. 15, Sched. B, s. 115 (3).
Amendment of approved allocation plan
(4) The Board, subject to the same procedures as nearly as possible as apply to the approval of proposed allocation plans, may by order amend an approved allocation plan on its own motion upon notice to the distributor governed by the approved allocation plan or on the application of the distributor governed by the approved allocation plan. 1998, c. 15, Sched. B, s. 115 (4).
Note: Section 116 comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 1998, c. 15, Sched. B, s. 132.
Board may order assistance to distributor
116. Upon application, the Board may, after a hearing, direct a distributor to make available to another distributor such amount of gas, or any class thereof, and by such means, including sale, loan or otherwise, and on such conditions, including compensation, and to be used by the receiving distributor in such manner, as may be determined by the Board. 1998, c. 15, Sched. B, s. 116.
Note: Section 117 comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 1998, c. 15, Sched. B, s. 132.
Compliance with regulation, etc.
117. Despite section 42 of this Act and section 55 of the Public Utilities Act,
(a) every distributor affected by a regulation, an order of the Board or an allocation plan approved under this Part, and every consumer affected by an order of the Board, shall comply with it in accordance with its terms despite anything in any contract between a distributor and a consumer; and
(b) no action shall be brought against a distributor and a distributor shall not be liable for an act or omission in respect of the supply of gas or the failure to supply gas in so far as the act or omission is authorized, permitted or required by this Part, the regulations, an order of the Board or an allocation plan approved by the Board under this Part. 1998, c. 15, Sched. B, s. 117.
Note: Section 118 comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 1998, c. 15, Sched. B, s. 132.
Prohibition, using gas not acquired from a distributor
118. (1) Subject to subsection (2) and the regulations, no person, except a distributor, shall use gas in Ontario that has not been acquired from a distributor. 1998, c. 15, Sched. B, s. 118 (1).
Exception
(2) Subsection (1) does not apply to the operator of a pipe line as defined in the National Energy Board Act (Canada). 1998, c. 15, Sched. B, s. 118 (2).
Note: Section 119 comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 1998, c. 15, Sched. B, s. 132.
Order to take effect despite appeal
119. Every order made under this Part takes effect at the time prescribed in the order and the operation of the order is not suspended by an appeal or an application under the Judicial Review Procedure Act. 1998, c. 15, Sched. B, s. 119.
Note: Section 120 comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 1998, c. 15, Sched. B, s. 132.
Regulations, allocation plans
120. (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing a system or systems of priorities that, subject to any order of the Board and any allocation plan approved by the Board, shall be complied with by distributors in the supply of gas to consumers;
(b) prescribing times and periods of time for the purposes of subsection 115 (2);
(c) specifying principles, criteria or factors that shall be followed by distributors in formulating and implementing allocation plans;
(d) prescribing additional information and material to be contained in an allocation plan, or to be supplied in support of the plan;
(e) prescribing the form in which an allocation plan shall be prepared and filed;
(f) prescribing the procedures for notification to consumers and classes of consumers affected by a proposed plan and for inspection of the plan;
(g) prescribing the procedures for the filing of objections or submissions in respect of any allocation plan with the Board and for the inspection of such objections or submissions;
(h) prescribing the procedures for the implementation of approved allocation plans by distributors;
(i) respecting the manner in which notice of allocation plans, proposed or approved, shall be given to the public;
(j) respecting any other matter necessary or advisable to provide for situations in which the supply of gas available for use in Ontario is not sufficient to supply all of the requirements of consumers of gas in Ontario so as to carry out effectively the intent and purpose of this Part. 1998, c. 15, Sched. B, s. 120 (1).
Same
(2) A regulation made under this Part may be general or particular in its application and may apply to any class of distributors, to any class of gas and to any class of consumers. 1998, c. 15, Sched. B, s. 120 (2).
Rules
121. The Board’s management committee may make rules,
(a) governing the practices of employees to whom powers and duties are delegated under section 6;
(b) governing the making of rules under section 44 and the issuance of codes under section 70.1. 2003, c. 3, s. 77.
Provincial offences officers
122. For the purposes of the Provincial Offences Act, the Board’s management committee may designate in writing any person or class of persons as a provincial offences officer, but the designation only applies in respect of offences under this Act. 2003, c. 3, s. 78.
123. Repealed: 2003, c. 3, s. 79.
124. Repealed: 2003, c. 3, s. 80.
Obstruction
125. No person shall obstruct an inspector appointed under section 106 or a provincial offences officer designated under section 122 or knowingly withhold or conceal from that person or destroy any relevant document, record or information required to be provided by that person. 2003, c. 3, s. 81.
Method of giving notice
125.1 Subsections 18 (2) to (5) and clause 24 (1) (a) of the Statutory Powers Procedure Act apply, with necessary modifications, to all notices given by the Board, whether or not a hearing is held. 2003, c. 3, s. 82.
125.2 Repealed: 2003, c. 3, s. 83.
Offences
126. (1) A person is guilty of an offence who,
(a) undertakes an activity without a licence for which a licence is required under this Act and for which a person has not been granted an exemption from the requirement to hold a licence;
(b) knowingly furnishes false or misleading information in any application, statement or return made under this Act or in any circumstances where information is required or authorized to be provided under this Act;
(c) fails to comply with a condition of a licence or an order of the Board made under this or any other Act;
(c.1) fails to comply with an assurance of voluntary compliance given under section 112.7;
(c.2) fails to comply with an assurance of voluntary compliance entered into under section 88.8 before that section was repealed; or
(d) contravenes this Act, the regulations or a rule made under section 44. 1998, c. 15, Sched. B, s. 126 (1); 2002, c. 1, Sched. B, s. 16; 2002, c. 23, s. 4 (20); 2003, c. 3, s. 84 (1, 2).
Officers, etc.
(2) It is an offence for any officer or director of a corporation to cause, authorize, permit or acquiesce in the commission by the corporation of an offence mentioned in subsection (1). 1998, c. 15, Sched. B, s. 126 (2).
Penalty
(3) An individual who is convicted of an offence under subsection (1) or (2) is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $150,000 for a subsequent offence. 1998, c. 15, Sched. B, s. 126 (3); 2003, c. 3, s. 84 (3).
Corporations
(4) A corporation that is convicted of an offence under subsection (1) is liable to a fine of not more than $250,000 for a first offence and to a fine of not more than $1,000,000 for a subsequent offence. 1998, c. 15, Sched. B, s. 126 (4); 2003, c. 3, s. 84 (4).
Increasing fine by amount of monetary benefit
(4.1) Despite the maximum fines set out in subsections (3) and (4), the court that convicts a person of an offence under subsection (1) or (2) may increase the fine imposed on the person by an amount equal to the monetary benefit that was acquired by, or that accrued to, the person as a result of the commission of the offence. 2003, c. 3, s. 84 (5).
Limitation
(5) No proceeding under this section shall be commenced more than one year after the facts upon which the proceeding is based first came to the knowledge of the Board. 1998, c. 15, Sched. B, s. 126 (5).
Admissibility in evidence of certified statements
(a) the licensing or non-licensing of any person;
(b) the filing or non-filing of any document, material or information with the Board;
(c) the date the facts upon which a proceeding is based first came to the knowledge of the Board; or
(d) any other matter pertaining to such licensing, non-licensing, filing or non-filing,
purporting to be certified by the secretary of the Board, is, without proof of the office or signature of the secretary, admissible in evidence in any prosecution or other proceeding as proof, in the absence of evidence to the contrary, of the facts stated. 2000, c. 26, Sched. D, s. 2 (13); 2003, c. 3, s. 85 (1, 2).
Certificate of assurance of voluntary compliance
(2) A copy of an assurance of voluntary compliance purporting to be certified by the secretary of the Board is, without proof of the office or signature of the secretary, admissible in evidence in any prosecution or other proceeding as proof, in the absence of evidence to the contrary, of the facts stated. 2003, c. 3, s. 85 (3).
Regulations, general
127. (1) The Lieutenant Governor in Council may make regulations,
(a) limiting, restricting or taking away any rights to use or consume gas without charge or at a reduced rate;
(b) requiring the Board to approve or fix rates under section 36;
(c) providing for compensation procedure for the owners of gas or oil rights and the rights to store gas and for the owners of land who are referred to in subsection 38 (2);
(d) Repealed: 2003, c. 3, s. 86 (1).
(e) Repealed: 2001, c. 9, Sched. F, s. 2 (6).
(f) exempting any person from any provision of this Act, subject to such conditions or restrictions as may be prescribed by the regulations;
(g) defining any word or expression used in this Act that is not defined in this Act;
(h) delegating all or part of the powers or duties of the Board with respect to the issuance or renewal of licences under Part IV or V to a self-regulatory organization on such conditions as the Lieutenant Governor in Council considers appropriate;
(i) delegating all or part of the powers or duties of the Board under Part IV or V to a tribunal on such conditions as the Lieutenant Governor in Council considers appropriate;
(j) prescribing a date or dates for the purposes of subsection 70 (10), which dates may be different for different classes of distributors;
(j.1) prescribing the amount of electricity referred to in the definition of “consumer” in section 88.1;
(j.2) prescribing acts and omissions that constitute unfair practices for purposes of Part V.1;
(j.3) Repealed: 2003, c. 3, s. 86 (3).
(j.4) governing information that must be included in a consumer contract for purposes of Part V.1 and the manner in which the information is presented and providing that such a regulation may prevail over any code governing the conduct of a retailer of electricity made by the Board or any rules that apply to gas marketing made by the Board under clause 44 (1) (c);
(j.5) Repealed: 2003, c. 3, s. 86 (4).
(j.6) governing the reaffirming or not reaffirming of contracts under Part V.1;
(j.7) for the purposes of Part V.1, prescribing the day or the method of determining the day,
(i) on which a contract ceases to have effect,
(ii) on which a consumer has no further obligations if a contract ceases to have effect,
(iii) on which the cancellation of a contract takes effect;
(j.8) governing the time within which a copy of a contract is to be delivered under section 88.9;
(j.8.1) prescribing circumstances in which a consumer may reaffirm a contract under subsection 88.9 (4) before the 10th day after a written copy of the contract is delivered to the consumer in accordance with subsection 88.9 (1);
(j.9) governing the period in which a distributor is to read a consumer’s electricity meter under subsection 88.11 (5);
(j.10) governing the renewal or extension of contracts under Part V.1;
(j.11) prescribing rights, powers or privileges under subsection 4 (2) for the purpose of clause 4.11 (e);
(j.12) prescribing provisions for the purpose of paragraph 4 of subsection 4.2 (6);
(j.13) prescribing classes of contracts for the purpose of clause 4.11 (d);
(j.14) prescribing powers or duties for the purpose of paragraph 7 of subsection 6 (2);
(j.15) prescribing an amount of money for the purpose of clause 90 (1) (b);
(j.16) prescribing criteria for the purpose of clause 90 (1) (d);
(j.17) prescribing provisions of the Electricity Act, 1998 for the purpose of clause (b) of the definition of “enforceable provision” in section 112.1;
(j.18) prescribing deferral or variance accounts as deferral or variance accounts that relate to the commodity of gas for the purpose of subsections 36 (4.1) and (4.2) or to the commodity of electricity for the purpose of subsections 78 (6.1) and (6.2), or prescribing rules for determining if a deferral or variance account relates to the commodity of gas for the purpose of subsections 36 (4.1) and (4.2) or to the commodity of electricity for the purpose of subsections 78 (6.1) and (6.2);
(j.19) prescribing periods of time for the purpose of subsections 36 (4.2) and 78 (6.2);
(j.20) governing the making of orders that determine whether and how amounts recorded in deferral or variance accounts shall be reflected in rates for the purpose of sections 36 and 78;
(j.21) governing the awarding of costs under section 30 when section 22.1 is not complied with;
(k) prescribing anything in this Act that is referred to as being prescribed by regulation;
(l) providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act;
(m) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the purposes of this Act. 1998, c. 15, Sched. B, s. 127 (1); 2000, c. 26, Sched. D, s. 2 (14); 2001, c. 9, Sched. F, s. 2 (6); 2002, c. 1, Sched. B, s. 18.; 2003, c. 3, s. 86 (1-5).
(2) Repealed: 2001, c. 9, Sched. F, s. 2 (7).
General or particular
(3) A regulation under this section may be general or particular in its application. 1998, c. 15, Sched. B, s. 127 (3).
Delegation to self-regulatory organization
(4) If a regulation is made under clause (1) (h) delegating powers or duties of the Board to a self-regulatory organization, subsections 6 (4) to (9) and sections 7 and 8 apply, with necessary modifications. 2003, c. 3, s. 86 (6).
Conflict with other legislation
128. (1) In the event of conflict between this Act and any other general or special Act, this Act prevails. 1998, c. 15, Sched. B, s. 128 (1).
Same
(2) This Act and the regulations prevail over any by-law passed by a municipality. 1998, c. 15, Sched. B, s. 128 (2).
Reports on Board effectiveness
128.1 (1) Not later than the fifth anniversary of the day this section comes into force, and not later than every fifth anniversary thereafter, the Minister shall cause a report to be prepared and submitted to the Minister on the Board’s effectiveness in meeting the objectives set out in sections 1 and 2. 2003, c. 3, s. 87.
Tabling
(2) The Minister shall submit the report to the Lieutenant Governor in Council and shall then table the report in the Assembly. 2003, c. 3, s. 87.
129. Repealed 2003, c. 3, s. 88.
Transition, uniform system of accounts
130. On the coming into force of section 44, Ontario Regulation 504/97 shall be deemed to be a rule of the Board made under that section and the Board may change or amend the rule in accordance with that section. 1998, c. 15, Sched. B, s. 130; 2003, c. 3, s. 89.
Transition, undertakings
131. Despite the repeal of the Ontario Energy Board Act under the Energy Competition Act, 1998, any undertaking made to the Lieutenant Governor in Council under the repealed Act, if valid immediately before this section comes into force, continues to be valid and binding. 1998, c. 15, Sched. B, s. 131.
Transition, director of licensing
132. (1) A licence issued by the Board’s director of licensing before this section comes into force shall be deemed to be a licence issued by the Board. 2003, c. 3, s. 90.
Same
(2) An order made by the Board’s director of licensing before this section comes into force shall be deemed to be an order made by the Board. 2003, c. 3, s. 90.
Same
(3) Any matter pending before the Board’s director of licensing when this section comes into force is continued before the Board, subject to the directions of the Board’s management committee. 2003, c. 3, s. 90.
133. Omitted (enacts short title of this Act). 1998, c.15, Sched. B, s. 133.
Note: The Crown and its agents are protected from certain liabilities relating to or resulting from amendments made to this Act by the Electricity Pricing, Conservation and Supply Act, 2002, or from any action taken pursuant to those amendments or pursuant to regulations made under those amendments. See: 2002, c. 23, s. 6.