hordruma/ontario_laws_and_regs huggingface dataset:
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Incorporation of municipal electricity businesses
142 (1) One or more municipal corporations may cause a corporation to be incorporated under the Business Corporations Act for the purpose of generating, transmitting, distributing or retailing electricity.  1998, c. 15, Sched. A, s. 142 (1). Holding companies (1.1) A corporation that one or more municipal corporations caused to be incorporated under the Business Corporations Act after November 6, 1998 and before May 2, 2003 to acquire, hold, dispose of and otherwise deal with shares of a corporation that was incorporated pursuant to this section shall be considered to be a corporation incorporated pursuant to this section.  2004, c. 31, Sched. 11, s. 7. Conversion of existing electricity businesses (2) Not later than the second anniversary of the day this section comes into force, every municipal corporation that generates, transmits, distributes or retails electricity, directly or indirectly, shall cause a corporation to be incorporated under subsection (1) for the purpose of carrying on those activities.  1998, c. 15, Sched. A, s. 142 (2). Two or more municipal corporations (3) Two or more municipal corporations may incorporate a single corporation for the purpose of complying with subsection (2).  1998, c. 15, Sched. A, s. 142 (3). Ownership (4) The municipal corporation or corporations that incorporate a corporation pursuant to this section shall subscribe for all the initial shares issued by the corporation that are voting securities.  1998, c. 15, Sched. A, s. 142 (4). Same (5) A municipal corporation may acquire, hold, dispose of and otherwise deal with shares of a corporation incorporated pursuant to this section that carries on business in the municipality.  2002, c. 1, Sched. A, s. 30. Not a local board, etc. (6) A corporation incorporated pursuant to this section shall be deemed not to be a local board, public utilities commission or hydro-electric commission for the purposes of any Act.  1998, c. 15, Sched. A, s. 142 (6). (7) Repealed:  2004, c. 23, Sched. A, s. 57. Section Amendments with date in force (d/m/y) 1999, c. 14, Sched. F, s. 3 - 22/12/1999 2002, c. 1, Sched. A, s. 30 - 07/11/1998 2004, c. 23, Sched. A, s. 57 - 01/01/2005; 2004, c. 31, Sched. 11, s. 7 - 16/12/2004
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
No new commissions
143 Except as provided by section 142, a municipal corporation shall not, after section 142 comes into force, (a) establish a commission or other body to generate, transmit, distribute or retail electricity; or (b) authorize a commission or other body that was established before section 142 came into force to generate, transmit, distribute or retail electricity, if the commission or other body was not authorized to carry on that activity immediately before section 142 came into force.  1998, c. 15, Sched. A, s. 143.
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Restriction on municipal electricity activity
144 (1) After the second anniversary of the day section 142 comes into force, a municipal corporation shall not generate, transmit, distribute or retail electricity, directly or indirectly, except through a corporation incorporated under the Business Corporations Act pursuant to section 142.  1998, c. 15, Sched. A, s. 144. Exception, renewable energy generation facilities (2) Despite subsection (1) and section 143, a municipal corporation, a municipal service board, a city board or municipal services corporation may, subject to the prescribed rules, generate electricity by means other than through a corporation incorporated under the Business Corporations Act if, (a) the generation facility is a renewable energy generation facility that does not exceed 10 megawatts or such other capacity as may be prescribed by regulation; or (b) the generation facility meets the prescribed criteria.  2009, c. 12, Sched. B, s. 15. Definition (3) In this section, “municipal services corporation” means a corporation established by a municipal corporation under section 203 of the Municipal Act, 2001 or under section 148 of the City of Toronto Act, 2006.  2009, c. 12, Sched. B, s. 15. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. B, s. 15 - 09/09/2009
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Transfer by-laws
145 (1) The council of a municipality may make by-laws transferring employees, assets, liabilities, rights and obligations of the municipal corporation, or of a commission or other body through which the municipal corporation generates, transmits, distributes or retails electricity, to a corporation incorporated under the Business Corporations Act
pursuant to section 142 for a purpose associated with the generation, transmission, distribution or retailing of electricity by the corporation incorporated pursuant to section 142.  1998, c. 15, Sched. A, s. 145 (1). Debentures (2) Despite subsection (1), a transfer by-law may not transfer any liabilities, rights or obligations arising under a debenture issued or authorized to be issued by a municipal corporation.  1998, c. 15, Sched. A, s. 145 (2). Binding on all persons (3) A transfer by-law is binding on the transferee, the transferor and all other persons.  1998, c. 15, Sched. A, s. 145 (3). Same (4) Subsection (3) applies despite any general or special Act or any rule of law, including an Act or rule of law that requires notice or registration of transfers.  1998, c. 15, Sched. A, s. 145 (4). No consent required (5) A transfer by-law does not require the consent of the transferor, the transferee or any other person.  1998, c. 15, Sched. A, s. 145 (5).
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Description of things transferred
146 A transfer by-law may describe employees, assets, liabilities, rights or obligations to be transferred, (a) by reference to specific employees, assets, liabilities, rights or obligations; (b) by reference to any class of employees, assets, liabilities, rights or obligations; or (c) partly in accordance with clause (a) and partly in accordance with clause (b).  1998, c. 15, Sched. A, s. 146.
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Employees
147 (1) The employment of an employee who is transferred by or pursuant to a transfer by-law is not terminated by the transfer and shall be deemed to have been transferred to the transferee without interruption in service.  1998, c. 15, Sched. A, s. 147 (1). Service (2) Service with the transferor of an employee who is transferred by or pursuant to a transfer by-law shall be deemed to be service with the transferee for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract or collective agreement.  1998, c. 15, Sched. A, s. 147 (2). No constructive dismissal (3) An employee who is transferred by or pursuant to a transfer by-law shall be deemed not to have been constructively dismissed.  1998, c. 15, Sched. A, s. 147 (3). Future changes (4) If an employee is transferred by or pursuant to a transfer by-law, nothing in this Act, (a) prevents the employment from being lawfully terminated after the transfer; or (b) prevents any term or condition of the employment from being lawfully changed after the transfer.  1998, c. 15, Sched. A, s. 147 (4).
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Reserve funds
148 (1) If employees or assets are transferred by or pursuant to a transfer by-law, the by-law or another transfer by-law shall transfer to the transferee, (a) the portion of any reserve fund established under section 33 of the Development Charges Act, 1997
that relates to development charges collected in respect of electrical power services; and (b) the portion of any reserve fund referred to in section 63 of the Development Charges Act, 1997 that relates to development charges collected in respect of electrical power services.  1998, c. 15, Sched. A, s. 148 (1). Use of amount transferred (2) Any amount transferred under subsection (1) shall be used by the transferee only to pay for capital costs in respect of electrical power services for which the amount transferred was collected.  1998, c. 15, Sched. A, s. 148 (2). Effect on municipal by-law (3) A municipal by-law that relates to development charges in respect of which an amount is transferred under subsection (1) ceases to apply in respect of electrical power services on the date of the transfer but otherwise continues to have effect, with necessary modifications.  1998, c. 15, Sched. A, s. 148 (3).
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Payment for transfer
149 (1) A transfer by-law may require the transferor or the transferee to pay for anything transferred by or pursuant to the by-law and may specify to whom the payment shall be made.  1998, c. 15, Sched. A, s. 149 (1). Amount of payment (2) The transfer by-law may, (a) fix the amount of the payment; (b) specify a method for determining the amount of the payment; or (c) provide that the amount of the payment be determined by a person designated by the by-law.  1998, c. 15, Sched. A, s. 149 (2). Form of payment (3) The transfer by-law may require that the payment be made in cash, by set off, through the issuance of securities or in any other form specified by the by-law.  1998, c. 15, Sched. A, s. 149 (3). Securities (4) If the transfer by-law requires that the payment be made through the issuance of securities, it may specify the terms and conditions of the securities or may authorize a person designated by the by-law to specify the terms and conditions.  1998, c. 15, Sched. A, s. 149 (4). Valuations (5) A transfer by-law may, (a) fix the value of anything transferred by or pursuant to the by-law; (b) specify a method for determining the value of anything transferred by or pursuant to the by-law; or (c) provide that the value of anything transferred by or pursuant to the by-law be determined by a person designated by the by-law.  1998, c. 15, Sched. A, s. 149 (5).
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Effective date of transfer
150 (1) A transfer by-law may specify a date not later than the second anniversary of the day section 142 comes into force as the date that a transfer takes effect and any interest in property that is transferred by the by-law vests in the transferee on that date.  1998, c. 15, Sched. A, s. 150 (1). Effective on payment (2) A transfer by-law may provide that a transfer not take effect until payment has been made for anything transferred by or pursuant to the by-law.  1998, c. 15, Sched. A, s. 150 (2). Retroactive transfer (3) A transfer by-law may provide that a transfer shall be deemed to have taken effect on a date earlier than the date the transfer by-law is made, but the effective date shall not be earlier than the day this section comes into force.  1998, c. 15, Sched. A, s. 150 (3). Sequence of events (4) A transfer by-law may provide that transfers specified in the by-law and other transactions associated with the transfers shall be deemed to have occurred in a sequence and at times specified in the by-law.  1998, c. 15, Sched. A, s. 150 (4).
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Statements in registered documents
151 (1) A statement, in a registered document to which a corporation incorporated under the Business Corporations Act pursuant to section 142 is a party, that land described in the document was transferred to the corporation, by or pursuant to a transfer by-law, from a municipal corporation or from a commission or other body through which a municipal corporation generated, transmitted, distributed or retailed electricity, and any other statement in the document relating to the transfer by-law, shall be deemed to be conclusive evidence of the facts stated.  1998, c. 15, Sched. A, s. 151 (1). No new interest (2) Subsection (1) does not give any person an interest in land that the municipal corporation or the commission or other body did not have.  1998, c. 15, Sched. A, s. 151 (2). References to unregistered transfer by-laws (3) A document that is otherwise capable of being registered or deposited under the Registry Act or registered under the Land Titles Act and that refers to an unregistered transfer by-law may be registered or deposited under the Registry Act or registered under the Land Titles Act
despite any provision of those Acts.  1998, c. 15, Sched. A, s. 151 (3). Definitions (4) In this section, “land” means land, tenements, hereditaments and appurtenances, or any estate or interest therein; (“bien-fonds”) “registered document” means a document registered or deposited under the Registry Act or registered under the Land Titles Act. (“document enregistré”)  1998, c. 15, Sched. A, s. 151 (4).
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Execution of agreements
152 A transfer by-law may require the transferor or the transferee, (a) to enter into any written agreement or execute any instrument specified in the by-law; and (b) to register in accordance with the by-law any agreement or instrument entered into or executed under clause (a).  1998, c. 15, Sched. A, s. 152.
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Enforcement of things transferred
153 (1) A transfer by-law may provide, (a) that any liability or obligation that is transferred by the by-law may be enforced against the transferor, the transferee, or both of them; and (b) that any right that is transferred by the by-law may be enforced by the transferor, the transferee, or both of them.  1998, c. 15, Sched. A, s. 153 (1). Release of transferor (2) Subject to subsection (1), the transfer of a liability or obligation under this Part releases the transferor from the liability or obligation.  1998, c. 15, Sched. A, s. 153 (2).
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Actions and other proceedings
154 Subject to section 153, any action or other proceeding that was commenced by or against the transferor before a transfer by-law takes effect and that relates to an employee, asset, liability, right or obligation that is transferred by the by-law shall be continued by or against the transferee.  1998, c. 15, Sched. A, s. 154.
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Certain rights not affected by transfer
156 (1) A transfer by or pursuant to a transfer by-law, (a) shall be deemed not to constitute, (i) a breach, termination, repudiation or frustration of any contract, including a contract of employment or insurance, (ii) a breach of any Act, regulation or municipal by-law, or (iii) an event of default or force majeure; (b) shall be deemed not to give rise to a breach, termination, repudiation or frustration of any licence, permit or other right; (c) shall be deemed not to give rise to any right to terminate or repudiate a contract, licence, permit or other right; and (d) shall be deemed not to give rise to any estoppel.  1998, c. 15, Sched. A, s. 156 (1). Exemptions (2) Subsection (1) does not apply to the contracts prescribed by the regulations.  1998, c. 15, Sched. A, s. 156 (2).
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Exemptions from other Acts
159 The Land Transfer Tax Act, the Retail Sales Tax Act and such other Acts or provisions as are prescribed by the regulations do not apply to any transfer of employees, assets, liabilities, rights or obligations by or pursuant to a transfer by-law.  1998, c. 15, Sched. A, s. 159; 2017, c. 2, Sched. 3, s. 2 (2). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 3, s. 2 (2) - 22/03/17 159.1 Repealed:  2004, c. 23, Sched. A, s. 58. Section Amendments with date in force (d/m/y) 2002, c. 23, s. 3 (26) - 09/12/2002 2004, c. 23, Sched. A, s. 58 - 09/12/2004 159.2 Repealed:  2004, c. 23, Sched. A, s. 59. Section Amendments with date in force (d/m/y) 2002, c. 23, s. 3 (26) - 09/12/2002 2004, c. 23, Sched. A, s. 59 - 09/12/2004 159.3 Repealed:  2004, c. 23, Sched. A, s. 60. Section Amendments with date in force (d/m/y) 2002, c. 23, s. 3 (26) - 09/12/2002 2004, c. 23, Sched. A, s. 60 - 09/12/2004
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Regulations, Part XI
160 (1) The Lieutenant Governor in Council may make regulations, (a) supplementing the provisions of this Part and governing the transfer of employees, assets, liabilities, rights and obligations under this Part; (b) prescribing contracts or classes of contracts to which subsection 156 (1) does not apply, subject to such conditions or restrictions as may be prescribed by the regulations; (c) prescribing Acts or provisions of Acts that do not apply to a transfer for the purpose of section 159, subject to such conditions or restrictions as may be prescribed by the regulations.  1998, c. 15, Sched. A, s. 160 (1). General or particular (2) A regulation made under this section may be general or particular in its application.  1998, c. 15, Sched. A, s. 160 (2).
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
Conflict with other Acts
161 (1) This Part applies despite the provisions of the Municipal Act, 2001 relating to the production, manufacture, distribution or supply of a public utility by a municipality or a municipal service board and despite any other general or special Act.  1998, c. 15, Sched. A, s. 161; 2002, c. 17, Sched. F, Table. Same (2) This Part applies despite the provisions of the City of Toronto Act, 2006
relating to the production, manufacture, distribution or supply of a public utility by the City or by a city board as defined in subsection 3 (1) of that Act.  2006, c. 11, Sched. B, s. 4 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 11, Sched. B, s. 4 (2) - 01/01/2007 Part xi.1   Transition — Ontario Power Authority, Ontario Energy Board, Independent Electricity System Operator
PART XI.1 TRANSITION — ONTARIO POWER AUTHORITY, ONTARIO ENERGY BOARD, INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Definitions, Part XI.1
161.1 In this Part, “transfer order” means an order made under section 161.2; (“décret de transfert”) “transferee” means a person to whom assets, liabilities, rights or obligations are transferred by a transfer order; (“destinataire”) “transferor” means the person from whom assets, liabilities, rights or obligations are transferred by a transfer order. (“auteur”)  2004, c. 23, Sched. A, s. 61. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 61 - 01/01/2005
PART XI.1 TRANSITION — ONTARIO POWER AUTHORITY, ONTARIO ENERGY BOARD, INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Transfer orders 
161.2 (1) The Lieutenant Governor in Council may make orders transferring the following: 1. Assets, liabilities, rights and obligations of the IESO relating to market surveillance and the Market Surveillance Panel to the Board. 2. Assets, liabilities, rights and obligations of the IESO relating to the forecasting of electricity demand and the adequacy and reliability of electricity resources for the medium and long term to the OPA.  2004, c. 23, Sched. A, s. 61. Binding on all persons (2) A transfer order is binding on the transferor, transferee and all other persons and does not require the consent of any person.  2004, c. 23, Sched. A, s. 61. Same (3) Subsection (2) applies despite any general or special Act or any rule of law, including an Act or rule of law that requires notice or registration of transfers.  2004, c. 23, Sched. A, s. 61. Legislation Act, 2006, Part III (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to a transfer order.  2004, c. 23, Sched. A, s. 61; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 61 - 01/01/2005 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
PART XI.1 TRANSITION — ONTARIO POWER AUTHORITY, ONTARIO ENERGY BOARD, INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Application of provisions of Part X
161.3 Sections 117, 118, 121 and 123, subsection 125 (1) and sections 126 to 135 apply for the purposes of this Part and, in the application of those provisions, references to Ontario Hydro shall be deemed to be references to the transferor under the transfer order.  2004, c. 23, Sched. A, s. 61. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 61 - 01/01/2005
PART XI.1 TRANSITION — ONTARIO POWER AUTHORITY, ONTARIO ENERGY BOARD, INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Regulations
161.4 (1) The Lieutenant Governor in Council may make regulations, (a) supplementing the provisions of this Part and governing the transfer of assets, liabilities, rights and obligations under this Part; (b) prescribing contracts or classes of contracts to which subsection 129 (1), as made applicable by section 161.3, does not apply, subject to such conditions or restrictions as may be prescribed by the regulations; (c) prescribing Acts or provisions of Acts that do not apply to a transfer for the purpose of section 135, as made applicable by section 161.3, subject to such conditions or restrictions as may be prescribed by the regulations; (d) requiring the IESO, OPA and the Board to enter into contracts relating to the provision of services and such other matters as the Lieutenant Governor in Council considers necessary or advisable, (i) to assist the Board and the Market Surveillance Panel with respect to market surveillance of the IESO-administered markets, (ii) to assist the OPA with respect to the forecasting of electricity demand and the adequacy and reliability of electricity resources for the medium and long term.  2004, c. 23, Sched. A, s. 61. General or particular (2) A regulation under this section may be general or particular in its application.  2004, c. 23, Sched. A, s. 61. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 61 - 01/01/2005 162 Omitted (provides for coming into force of provisions of this Act).  1998, c. 15, Sched. A, s. 162. 163 Omitted (enacts short title of this Act).  1998, c. 15, Sched. A, s. 163. 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. ______________  Français