PART IX REGULATIONS
Regulations
114 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing other objects for the purposes of clause 6 (1) (s); (a.1)  Repealed: 2014, c. 7, Sched. 7, s. 15 (1). (b) governing the IESO’s borrowing, investment of funds and the management of its financial assets, liabilities and risks, including, (i) prescribing rules and restrictions that apply to borrowing, investment and management of financial assets, liabilities and risks, (ii) prescribing purposes for which the IESO may borrow, invest or manage its financial assets, liabilities and risks, (iii) prescribing the types of debt instruments and financial obligations that the IESO can issue or enter into for or in relation to borrowing, (iv) prescribing classes of securities, investment instruments and financial agreements that the IESO is authorized to invest in or enter into or is not authorized to invest in or enter into; (c) governing the IESO’s obligation to make information available in French; (c.1) prescribing classes of persons for the purposes of subsection 10 (4); (c.2) prescribing other matters that are to be dealt with in the Governance and Structure By-law; (c.3) respecting the calculation of the fees referred to in subsection 23 (4) and respecting the manner in which and the time at which they are to be paid; (c.4) prescribing the types of expenditures the IESO may recover through fees and charges and any restrictions and limitations in respect of the recovery of an expenditure; (c.5) respecting the calculation of the fees and charges referred to in section 25.1 and respecting the manner in which and the time at which they are collected by the IESO; (c.6) prescribing provisions of the Business Corporations Act, the Not-for-Profit Corporations Act, 2010 or the Corporations Information Act
that apply, with necessary modifications, to the IESO; (d) prescribing transmitters, distributors, generators, retailers and consumers or classes of transmitters, distributors, generators, retailers and consumers for the purpose of subsection 26 (2); (d.1) governing renewable energy generation facilities including, but not limited to, (i) the location of the facilities, (ii) the generating capacity of such facilities, (iii) the connection of such facilities to transmission systems and distribution systems, including technical specifications with respect to the connection, and (iv) when such facilities must have commenced operation in order to be considered a renewable energy generation facility under this Act; (e) prescribing contracts or classes of contracts to which subsection 26 (3), (4) or (6) does not apply, subject to such conditions or restrictions as may be specified in the regulations; (f) prescribing the amount of electricity referred to in the definition of “low-volume consumer” in subsection 26 (10); (f.1) prescribing periods for the purpose of subsections 31 (4) and (5); (g) respecting limits and criteria for the purposes of section 29.1; (g.1) prescribing information for the purposes of subsections 33 (2) and 34 (2.1); (g.2) prescribing reasons for the purpose of paragraph 5 of subsection 34 (1); (h) prescribing an amount for the purpose of clause 36 (1) (a); (h.0.1) respecting reliability standards; (h.1) for the purpose of subsection 46.1 (2), prescribing types of fuel and, with respect to each type of fuel that is prescribed, prescribing one or more other types of fuel as substitute fuels; (h.2) for the purpose of clause 46.2 (1) (a), prescribing types of fuel; (i) designating a person or body as the Electrical Safety Authority for the purposes of this Act; (j) prescribing persons or bodies or classes of persons or bodies with which the Electrical Safety Authority may enter into agreements under section 113.18; (k) prescribing consumer protection requirements that apply to market participants; (l) governing standards for and the use of electricity meters; (l.1) requiring persons to offer, install or use electricity meters or other devices of a type specified by the regulations for the purpose of promoting energy conservation, energy efficiency or load management; (m) exempting any person or class of persons from any provision of this Act, subject to such conditions or restrictions as may be prescribed by the regulations; (n) defining any word or expression used in this Act that is not defined in this Act; (o) deeming a reference in any Act to Ontario Hydro to be a reference to a person or other entity specified in the regulations, subject to such conditions as may be prescribed by the regulations; (o.1) prescribing anything referred to in this Act as prescribed by the regulations or as prescribed; (p) providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act; (q) 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. A, s. 114 (1); 2001, c. 23, s. 69; 2002, c. 23, s. 3 (24); 2004, c. 23, Sched. A, s. 53 (1-5); 2004, c. 19, s. 12 (6); 2008, c. 7, Sched. G, s. 5 (1); 2009, c. 12, Sched. B, s. 14 (1); 2014, c. 7, Sched. 7, s. 15 (1-3). Regulations, Part I (1.1) The Lieutenant Governor in Council may make regulations, (a) prescribing energy sources and criteria for the purposes of the definition of “alternative energy source” in subsection 2 (1) and prescribing criteria relating to the generation of electricity from energy sources for the purposes of subsection 2 (1.1); (a.1) prescribing criteria and associated or ancillary equipment, systems and technologies for the purposes of the definition of “renewable energy generation facility” in subsection 2 (1) and prescribing works for the purposes of the definition; (b) prescribing energy sources and criteria for the purposes of the definition of “renewable energy source” in subsection 2 (1) and prescribing criteria relating to the generation of electricity from energy sources for the purposes of subsection 2 (1.2); (c) designating an agency or body as a standards authority for the purpose of the definition of “standards authority” in subsection 2 (1).  2004, c. 23, Sched. A, s. 53 (6); 2008, c. 7, Sched. G, s. 5 (2); 2009, c. 12, Sched. B, s. 14 (2). (1.2) Repealed: 2014, c. 7, Sched. 7, s. 15 (4). Regulations, Part II.2 (1.3) The Lieutenant Governor in Council may make regulations, (a)  Repealed: 2016, c. 10, Sched. 2, s. 10 (1); (b) governing long-term energy plans, including prescribing periods for the purposes of subsection 25.29 (1); (c) prescribing principles to be applied in developing procurement processes and in evaluating proposals for reducing or managing electricity demand or for increasing electricity supply or capacity; (d)  Repealed: 2016, c. 10, Sched. 2, s. 10 (3); (e) governing procurement contracts; (f) governing adjustments, payments, set-offs and credits for the purposes of section 25.33, including regulations, (i) prescribing methods for determining the amounts of adjustments under subsection 25.33 (1), the classes of market participants and consumers to whom those adjustments apply, the time periods to which the adjustments apply and the time periods within which the adjustments must or may be made and the manner in which the amounts are paid to generators, the Financial Corporation, distributors and other entities, (ii) prescribing adjustments that must or may be made by distributors or retailers with respect to classes of consumers or other distributors or retailers, methods for determining the amount of the adjustments, the time periods to which the adjustments apply and the time periods within which the adjustments must or may be made and the manner in which the amounts are paid to generators, the Financial Corporation, distributors and other entities, (iii) prescribing classes of consumers for the purposes of paragraph 3 of subsection 25.33 (3), (iv) governing the presentation of adjustments on invoices to consumers, (v) requiring the IESO to make payments to a distributor or retailer and prescribing methods for determining the amounts payable, (vi) requiring a distributor to make payments to the IESO, another distributor or a retailer and prescribing methods for determining the amounts payable, (vii) requiring a retailer to make payments to the IESO or a distributor and prescribing methods for determining the amounts payable, (viii)  Repealed:  2014, c. 7, Sched. 7, s. 15 (6). (ix) governing the calculation of the amounts of the payments required by regulations made under this clause, methods of payment and the times within which payments must or may be made, (x) authorizing payments referred to in subclause (ix) to be made by way of set-offs and credits and prescribing conditions entitling or requiring amounts to be set off or credited, (xi) governing methods for determining amounts to be set off or credited, and the times within which amounts must or may be set off or credited, (xii) requiring a distributor, retailer or generator to provide information to the IESO, a distributor or the Board for the purposes of section 25.33 or a regulation made under this clause, (xiii) requiring the IESO to provide information to the Board for the purposes of section 25.33 or a regulation made under this clause, (xiv) requiring the Financial Corporation to provide information to the IESO or the Board for the purposes of section 25.33 or a regulation made under this clause, (xv) requiring a market participant or a consumer or a member of a class of market participants or consumers to meet specified requirements and to provide information to the IESO, a distributor or a retailer for the purpose of section 25.33 or a regulation made under this clause; (g) governing the establishment and maintenance of variance accounts referred to in subsection 25.33 (5); (g.0.1) providing for and governing the limitation period for the purposes of subsection 25.33 (9); (g.1) prescribing locations or land or classes of locations or land where the IESO shall not provide for a procurement process or enter into a contract for energy from a prescribed renewable energy generation facility or a prescribed class of renewable energy generation facility; (h) for the purposes of subsection 25.34 (2), (i) providing that certain amounts or portions of amounts are not included in the amounts referred to in paragraph 1 of that subsection, and specifying those excluded amounts or portions of amounts or methods for determining them, (ii) setting out amounts and procurement contracts for the purposes of paragraph 2 of that subsection. 2004, c. 23, Sched. A, s. 53 (8); 2009, c. 12, Sched. B, s. 14 (3-5); 2014, c. 7, Sched. 7, s. 15 (5-9); 2016, c. 10, Sched. 2, s. 10; 2018, c. 17, Sched. 14, s. 3; 2019, c. 6, Sched. 1, s. 5 (1); 2021, c. 34, Sched. 9, s. 9. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 114 (1.3) (h) of the Act is repealed and the following substituted: (See: 2019, c. 6, Sched. 1, s. 5 (2)) (h) providing that certain amounts or portions of amounts are not included in the amounts referred to in paragraph 1 of subsection 25.34 (2), and specifying those excluded amounts or portions of amounts or methods for determining them. Regulations, Part III (1.4) The Lieutenant Governor in Council may make regulations, (0.a) governing the connection of generation facilities to transmission systems and distribution systems for the purposes of section 25.36; (0.a.1) Repealed: 2021, c. 25, Sched. 5, s. 3. (a) prescribing any other information or material to be posted under subsection 36.2 (1); (b) requiring additional notice for the purpose of subsection 36.2 (2) and prescribing any other information or material to be included with that notice and the manner and time or times of giving it; (c) prescribing the period of time within which the Board may initiate a review of a reliability standard under subsection 36.2 (4); (d) prescribing other matters to be considered for the purposes of subsection 36.2 (6); (e) prescribing limitations for the purposes of subsection 36.3 (1).  2008, c. 7, Sched. G, s. 5 (3); 2009, c. 12, Sched. B, s. 14 (6); 2021, c. 25, Sched. 5, s. 3. General or particular (2) A regulation made under subsection (1) or (1.3) may be general or particular in its application.  1998, c. 15, Sched. A, s. 114 (2); 2004, c. 23, Sched. A, s. 53 (9); 2014, c. 7, Sched. 7, s. 15 (10). (3) Repealed:  2004, c. 23, Sched. A, s. 53 (10). Transitional regulations (4) A regulation made under clause (1) (p), (a) may provide that it has retroactive application to a date not earlier than the day this section comes into force; and (b) may provide that it applies despite this or any other general or special Act.  1998, c. 15, Sched. A, s. 114 (4). Subdelegation (5) A regulation under clause (1) (b) or (1.3) (f) 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 that clause.  2004, c. 23, Sched. A, s. 53 (11); 2014, c. 7, Sched. 7, s. 15 (11). Provision of information (6) A person may do anything required by a regulation made under subclause (1.3) (f) (xii) or (xiii) 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.  2004, c. 23, Sched. A, s. 53 (11); 2014, c. 7, Sched. 7, s. 15 (12). Conflict with market rules (7) In the event of a conflict, a regulation made under clause (1.3) (f) prevails over the market rules to the extent of the conflict.  2004, c. 23, Sched. A, s. 53 (11); 2014, c. 7, Sched. 7, s. 15 (13). Transition, Green Energy Act, 2009 (8) The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of amendments to this Act arising from the enactment of the Green Energy and Green Economy Act, 2009 and to facilitate the implementation of the Green Energy Act, 2009.  2009, c. 12, Sched. B, s. 14 (7). Transition, IESO (9) The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate, (a) the amalgamation of the predecessor Independent Electricity System Operator and the Ontario Power Authority; and (b) the merging or segregation within the IESO of any of the duties, functions or activities of the predecessor Independent Electricity System Operator and the Ontario Power Authority. 2014, c. 7, Sched. 7, s. 15 (14). Same, pension matters (10) Without limiting the generality of subsection (9), the Lieutenant Governor in Council may make regulations governing transitional matters arising from the amalgamation of the predecessor Independent Electricity System Operator and the Ontario Power Authority with respect to pensions, including regulations, (a) respecting the right to continue a prescribed pension plan as a pension plan for the employees of the IESO and any persons who become employees of the  IESO in the future; (b) governing the right of the IESO to create a new pension plan for its employees; (c) respecting the right of the board of directors of the IESO to determine which employees will be members of a prescribed pension plan or a new pension plan created under the regulations made under this subsection; (d) governing any matters relating to a prescribed pension plan or any new pension plans created under the regulations made under this subsection. 2014, c. 7, Sched. 7, s. 15 (14). Section Amendments with date in force (d/m/y) 2001, c. 23, s. 69
- 01/04/1999 2002, c. 23, s. 3 (24) - 09/12/2002;
2002, c. 23, s. 3 (25)
- no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012 2004, c. 19, s. 12 (6)
- 30/11/2005; 2004, c. 23, Sched. A, s. 53 (1-6, 8-11) - 01/01/2005; 2004, c. 23, Sched. A, s. 53 (7) - 20/12/2004 2008, c. 7, Sched. G, s. 5 (1-3) - 14/05/2008 2009, c. 12, Sched. B, s. 14 (1-7) - 09/09/2009; 2009, c. 33, Sched. 14, s. 2 (7) - 15/12/2009 2010, c. 8, s. 37 (11, 12) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020 2014, c. 7, Sched. 7, s. 15 (1, 3, 4-14) - 01/01/2015; 2014, c. 7, Sched. 7, s. 15 (2) - 19/10/2021 2016, c. 10, Sched. 2, s. 10 (1-3) - 01/07/2016 2018, c. 17, Sched. 14, s. 3 - 06/12/2018 2019, c. 6, Sched. 1, s. 5 (1) - 09/05/2019; 2019, c. 6, Sched. 1, s. 5 (2) - not in force 2021, c. 25, Sched. 5, s. 3 - 03/06/2021; 2021, c. 34, Sched. 9, s. 9 - 01/01/2022 part ix.1   ownership and use of corridor land Interpretation