PART II.2 PLANNING, PROCUREMENT AND PRICING
Definition
25.32 (1) In this section, “implementation plan” means an implementation plan submitted by the IESO and approved under clause 25.31 (5) (a), including any amendments to the implementation plan that are submitted by the IESO and approved under that clause. 2016, c. 10, Sched. 2, s. 7. Entering into contracts (2) The IESO shall, if required to do so under an implementation plan, a directive issued under subsection (5) or a direction continued under subsection (9) or (10), as amended, and may, if an implementation plan provides the authority to do so, enter into contracts for the procurement of, (a) electricity supply, capacity or storage; (b) changes in electricity demand; (c) measures related to the conservation of electricity or the management of electricity demand; or (d) transmission systems or any part of such systems, including the development of all or part of such systems. 2016, c. 10, Sched. 2, s. 7; 2019, c. 6, Sched. 1, s. 2. Transmitters (3) Despite clause (2) (d), the IESO is not required to enter into a contract under subsection (2) in order to select a transmitter, unless the applicable implementation plan or directive provides otherwise. 2016, c. 10, Sched. 2, s. 7. Resolution of procurement contract disputes (4) The parties to a procurement contract shall ensure that the contract provides a mechanism to resolve any disputes between them with respect to the contract. 2016, c. 10, Sched. 2, s. 7. Directives requiring IESO to undertake RFPs, etc. (5) The Minister may, subject to the approval of the Lieutenant Governor in Council, issue directives requiring the IESO to undertake any request for proposal, any other form of procurement solicitation or any other initiative or activity that relates to a matter listed in subsection (2). 2016, c. 10, Sched. 2, s. 7. Same (6) A directive may be issued under subsection (5) regardless of any long-term energy plan issued under section 25.29, directive issued under section 25.30, or implementation plan approved under section 25.31 and, in the event of a conflict, a directive issued under subsection (5) prevails. 2016, c. 10, Sched. 2, s. 7. Directions re consultation (7) The Minister may direct the IESO to implement procedures for consulting aboriginal peoples or other persons or groups that may be specified in the direction, on the planning, development or procurement of electricity supply, capacity, transmission systems or distribution systems, and the direction may specify the manner or method by which such consultations shall occur and the timing within which such consultations shall occur. 2016, c. 10, Sched. 2, s. 7. Directions re programs or funding (8) The Minister may direct the IESO to establish programs or funding to facilitate the participation and engagement in the electricity sector of aboriginal peoples or any other persons or groups that may be specified in the direction. 2016, c. 10, Sched. 2, s. 7. Transition, directions (9) Any direction issued by the Minister under this section that was in force immediately before the day section 7 of Schedule 2 to the Energy Statute Law Amendment Act, 2016 came into force continues to apply, and any procurement, procedure, measure, program or other thing undertaken, implemented, established, developed or otherwise done in accordance with the direction that is in existence immediately before that day is unaffected. 2016, c. 10, Sched. 2, s. 7. Transition, feed-in tariff programs (10) Despite the repeal of section 25.35 by section 8 of Schedule 2 to the Energy Statute Law Amendment Act, 2016, any direction issued by the Minister under section 25.35 that was in force immediately before the day section 8 of Schedule 2 to the Energy Statute Law Amendment Act, 2016 came into force continues to apply, and any program or other thing established or otherwise done in accordance with the direction that is in existence immediately before that day is unaffected. 2016, c. 10, Sched. 2, s. 7. Transition, ongoing power to amend, revoke (11) A direction continued under subsection (9) or (10) may be amended or revoked by, (a) the Minister, until the day that the first implementation plan submitted by the IESO is approved under clause 25.31 (5) (a); and (b) the Lieutenant Governor in Council, on and after that day. 2016, c. 10, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 36 - 01/01/2005 2009, c. 12, Sched. B, s. 5 (1-3) - 09/09/2009 2014, c. 7, Sched. 7, s. 7 (1-15) - 01/01/2015 2016, c. 10, Sched. 2, s. 7 - 01/07/2016 2019, c. 6, Sched. 1, s. 2 - 09/05/2019