hordruma/ontario_laws_and_regs huggingface dataset:
PART I GENERAL
Purposes
1 The purposes of this Act include the following: (a) to ensure the adequacy, safety, sustainability and reliability of electricity supply in Ontario through responsible planning and management of electricity resources, supply and demand; (a.1) to establish a mechanism for energy planning; (b) to encourage electricity conservation and the efficient use of electricity in a manner consistent with the policies of the Government of Ontario; (c) to facilitate load management in a manner consistent with the policies of the Government of Ontario; (d) to promote the use of cleaner energy sources and technologies, including alternative energy sources and renewable energy sources, in a manner consistent with the policies of the Government of Ontario; (e) to provide generators, retailers, market participants and consumers with non-discriminatory access to transmission and distribution systems in Ontario; (f) to protect the interests of consumers with respect to prices and the adequacy, reliability and quality of electricity service; (g) to promote economic efficiency and sustainability in the generation, transmission, distribution and sale of electricity; (g.1) to facilitate the alteration of ownership structures of publicly-owned corporations that transmit, distribute or retail electricity; (g.2) to facilitate the disposition, in whole or in part, of the Crown’s interest in corporations that transmit, distribute or retail electricity, and to make the proceeds of any such disposition available to be appropriated for any Government of Ontario purpose; (h) to ensure that Ontario Hydro’s debt is repaid in a prudent manner and that the burden of debt repayment is fairly distributed; (i) to facilitate the maintenance of a financially viable electricity industry; and (j) to protect corridor land so that it remains available for uses that benefit the public, while recognizing the primacy of transmission uses.  2004, c. 23, Sched. A, s. 1; 2014, c. 7, Sched. 7, s. 1; 2015, c. 20, Sched. 9, s. 1; 2016, c. 10, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) O. Reg. 115/99, s. 1 - 01/04/1999 2002, c. 1, Sched. A, s. 1 - 27/06/2002; 2002, c. 23, s. 3 (1) - 09/12/2002 2004, c. 23, Sched. A, s. 1 - 01/01/2005 2014, c. 7, Sched. 7, s. 1 - 01/01/2015 2015, c. 20, Sched. 9, s. 1 - 04/06/2015 2016, c. 10, Sched. 2, s. 1 - 01/07/2016
PART I GENERAL
Corporations Tax Act references
3 (1) This Act 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.  1998, c. 15, Sched. A, s. 3; 2002, c. 17, Sched. F, Table. City of Toronto Act, 2006 (2) This Act 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 (1). 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 (1) - 01/01/2007
PART I GENERAL
Minister’s advisory committee
3.1 (1) The Minister shall establish an advisory committee to provide advice to the Minister on such matters relating to electricity as the Minister may specify.  2004, c. 23, Sched. A, s. 3. Appointment (2) The Minister shall appoint the members of the advisory committee.  2004, c. 23, Sched. A, s. 3. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 3 - 01/01/2005 PART II   Independent ELECTRICITY SYSTEM OPERATOR
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Definitions
4 In this Part, “Independent Electricity System Operator” means, unless the context requires otherwise, the corporation continued under subsection 5 (1); (“Société indépendante d’exploitation du réseau d’électricité”) “Ontario Power Authority” means the corporation established under subsection 25.1 (1) as that subsection read immediately before subsection 3 (1) of Schedule 7 to the Building Opportunity and Securing Our Future Act (Budget Measures), 2014 comes into force and “OPA” has a corresponding meaning; (“Office de l’électricité de l’Ontario”, “OEO”) “predecessor” means either the predecessor Independent Electricity System Operator or the Ontario Power Authority; (“entité remplacée”) “predecessor Independent Electricity System Operator” means the Independent Electricity System Operator as the corporation was continued under subsection 4 (1) as that subsection read immediately before subsection 3 (1) of Schedule 7 to the Building Opportunity and Securing Our Future Act (Budget Measures), 2014 comes into force. (“ancienne Société indépendante d’exploitation du réseau d’électricité”) 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 4 (1, 2) - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Amalgamation of IESO and OPA
5 (1) The predecessor Independent Electricity System Operator and the Ontario Power Authority are amalgamated and shall continue as one corporation without share capital in accordance with this Part. 2014, c. 7, Sched. 7, s. 3 (1). Name of corporation (2) The name of the corporation formed under subsection (1) is the Independent Electricity System Operator in English and Société indépendante d’exploitation du réseau d’électricité in French. 2014, c. 7, Sched. 7, s. 3 (1). Composition (3) The IESO is composed of the members of its board of directors. 2014, c. 7, Sched. 7, s. 3 (1). Separation of functions (4) The board of directors shall take such steps as it considers advisable and appropriate to ensure that there is an effective separation of functions and activities of the IESO relating to, (a) its market operations; and (b) its procurement and contract management activities. 2014, c. 7, Sched. 7, s. 3 (1). Prohibition (5) The IESO shall not conduct the operations of the IESO-administered markets in any manner that, (a) unjustly advantages or disadvantages any market participant or class of market participants; or (b) is inconsistent with this Act. 2014, c. 7, Sched. 7, s. 3 (1). Transmission-related information (6) The IESO shall provide transmission-related information on an equal basis and in the same manner to all market participants. 2014, c. 7, Sched. 7, s. 3 (1). Confidentiality (7) The board of directors shall ensure that appropriate procedures are established and maintained so that confidential information that is in the possession or control of any officers or employees of the IESO, or any agent or third party working on its behalf, is not inappropriately communicated. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 5 (1-3) - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Dissolution
7 If the IESO is dissolved, any property of the IESO remaining after the payment of all of its debts and liabilities is vested in the Crown in right of Ontario. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 1 (1) - 08/08/2001 2004, c. 23, Sched. A , s. 7 - 05/02/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Not Crown agent
8 The IESO is not an agent of the Crown for any purpose, despite the Crown Agency Act. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 8 (1, 2) - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Obligation to provide information in French
9 (1) The IESO shall make information that is directed to the general public available in French, including information with respect to programs, services and general communications. 2014, c. 7, Sched. 7, s. 3 (1). Board to ensure compliance (2) The IESO’s board of directors shall take all reasonable measures and make all reasonable plans to ensure that the obligation placed on the IESO to make information directed to the general public available in French is met. 2014, c. 7, Sched. 7, s. 3 (1). Limitation, general (3) The IESO’s obligation to make information available in French is subject to the limits that are reasonable in the circumstances. 2014, c. 7, Sched. 7, s. 3 (1). Limitations, rules, manuals, etc. (4) The IESO’s obligation to make information available in French does not apply to the following: 1. Rules, manuals, standards, procedures or communications relating to the operation of the IESO-administered markets or the IESO-controlled grid. 2. Rules, contracts or other program information related to the procurement of, i. electricity supply, capacity or storage, ii. changes in electricity demand, iii. measures related to the conservation of electricity, iv. the management of electricity demand, or v. transmission systems or any part of such systems. 3. Registry rules made under Part II.1. 2014, c. 7, Sched. 7, s. 3 (1); 2016, c. 10, Sched. 2, s. 4 (1, 2); 2022, c. 23, Sched. 1, s. 2. Application to microFIT program, etc. (5) The exception in paragraph 2 of subsection (4) does not apply to information with respect to, (a) the microFIT Program; and (b) the rights and obligations of low-volume consumers under a conservation or demand management program. 2014, c. 7, Sched. 7, s. 3 (1). Definitions (6) In this section, “low-volume consumer” has the same meaning as in section 56 of the Ontario Energy Board Act, 1998, as the definition reads on the day subsection 3 (1) of Schedule 7 to the Building Opportunity and Securing Our Future Act (Budget Measures), 2014 comes into force; (“petit consommateur”) “microFIT Program” means the micro Feed-in Tariff Program that is continued under subsection 25.32 (10) and that permits certain consumers of electricity to develop very small renewable energy projects. (“Programme de TRG pour les micro-projets”) 2014, c. 7, Sched. 7, s. 3 (1); 2016, c. 10, Sched. 2, s. 4 (3). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 9 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015 2016, c. 10, Sched. 2, s. 4 (1-3) - 01/07/2016 2022, c. 23, Sched. 1, s. 2 - 15/03/2023
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Board of directors
10 (1) The IESO’s board of directors shall manage and supervise the management of the IESO’s business and affairs. 2014, c. 7, Sched. 7, s. 3 (1). Composition (2) The board of directors shall be composed of, (a) the chief executive officer of the IESO; and (b) at least eight and not more than 10 additional individuals appointed by the Minister. 2014, c. 7, Sched. 7, s. 3 (1). Directors to be independent (3) Each director shall hold office as an independent director and not as a representative of any class of persons. 2014, c. 7, Sched. 7, s. 3 (1). Restriction on persons who may be directors (4) For the purposes of clause (2) (b), no person who is a member of a class of persons prescribed by the regulations may hold office as a director of the IESO. 2014, c. 7, Sched. 7, s. 3 (1). Term of office and appointment (5) A director appointed in accordance with clause (2) (b) shall hold office at pleasure for an initial term not exceeding two years and, subject to subsection (4), may be reappointed for successive terms not exceeding two years each. 2014, c. 7, Sched. 7, s. 3 (1). Quorum (6) A majority of the members of the board of directors constitutes a quorum of the board. 2014, c. 7, Sched. 7, s. 3 (1). Chair (7) The board of directors shall appoint one of its members as chair of the board. 2014, c. 7, Sched. 7, s. 3 (1). Ceasing to hold office (8) A director ceases to hold office in the circumstances specified in the Governance and Structure By-law. 2014, c. 7, Sched. 7, s. 3 (1). Vacancy on board (9) If there are one or more vacancies on the board of directors, the remaining directors may exercise all the powers of the board if they would constitute a quorum of the board, if there were no vacancies. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 10 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Chief executive officer
11 The board of directors shall appoint a chief executive officer of the IESO. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 11 (1, 2) - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Director’s duties
12 Every director of the IESO shall, in exercising and performing his or her powers and duties as a director, (a) act honestly and in good faith in the best interests of the IESO; and (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 12 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Conflict of interest
13 The directors, officers, employees and agents of the IESO shall comply with any provisions relating to conflict of interest contained in the Governance and Structure By-law or any procedures, rules or codes established pursuant to the By-law. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 3 - 27/06/2002 2004, c. 23, Sched. A, s. 13 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015 13.1-13.2 Repealed: 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 14 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Board may establish policies, rules, etc.
14 (1) The board of directors may establish policies, rules, guidelines and codes, including codes of conduct, applicable to the directors, officers, employees and agents of the IESO and to members of panels established by the IESO. 2014, c. 7, Sched. 7, s. 3 (1). Conflict (2) Any provision of a policy, rule, guideline or code that conflicts with this Act, the regulations or the IESO’s by-laws is void. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 15 (1, 2) - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015 14.1 Repealed: 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 4 - 27/06/2002 2004, c. 23, Sched. A, s. 16 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Delegation of board’s powers
15 (1) The board of directors may, in accordance with the Governance and Structure By-law, (a) delegate any of its powers or duties to a committee of the board or a panel established by the board or to one or more directors; and (b) delegate any of its powers to manage the business and affairs of the IESO to one or more officers of the IESO. 2014, c. 7, Sched. 7, s. 3 (1). Terms, conditions and restrictions (2) A delegation under subsection (1) is subject to any terms, conditions and restrictions set out in the delegation. 2014, c. 7, Sched. 7, s. 3 (1). Same (3) A delegation under subsection (1) may be general or specific. 2014, c. 7, Sched. 7, s. 3 (1). Exceptions (4) The board of directors shall not delegate its power to make by-laws or to approve the financial statements or annual reports of the IESO. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 17 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Panels
16 (1) The board of directors may establish such panels as the board considers necessary for the purposes of this Act. 2014, c. 7, Sched. 7, s. 3 (1). Testimony (2) A member of a panel established for the purpose of resolving or attempting to resolve a dispute between market participants, or a dispute between one or more market participants and the IESO, shall not be required in any civil proceeding to give testimony with respect to information obtained in the course of resolving or attempting to resolve the dispute. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 18 (1-6) - 01/01/2005 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Staff and assistance re panels
17 Subject to the by-laws of the IESO, a panel established by the board of directors may use the services of, (a) the IESO’s employees, with the consent of the IESO; and (b) persons other than the IESO’s employees who have technical or professional expertise that is considered necessary. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 19 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Stakeholder input
18 (1) The IESO 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 IESO. 2014, c. 7, Sched. 7, s. 3 (1). Same, direction by Minister (2) The Minister may direct the IESO to establish specific processes under subsection (1) and the IESO shall comply with such a direction. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 20 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Liability
19 (1) No action or other civil proceeding shall be commenced against a director, officer, employee or agent of the IESO or a member of a committee or panel established by the board of directors of the IESO 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, the regulations under any Act, the IESO’s licence, the IESO’s by-laws or the market rules, or for any neglect or default in the exercise or performance in good faith of such a power or duty. 2014, c. 7, Sched. 7, s. 3 (1). Same (2) Subsection (1) does not relieve the IESO of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1). 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2002, c. 23, s. 3 (3, 5) - 09/12/2002; 2002, c. 23, s. 3 (4, 6) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012 2004, c. 23, Sched. A, s. 21 - 01/01/2005 2009, c. 33, Sched. 14, s. 2 (1) - 15/12/2009 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015 19.1 Repealed: 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 22 - 01/01/2005 2009, c. 33, Sched. 14, s. 2 (2) - 15/12/2009 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Confidential information relating to market participants
20 (1) A record that contains information provided to or obtained by the IESO or a predecessor relating to a market participant and that is designated by the head of the IESO as confidential or highly confidential is 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. 2014, c. 7, Sched. 7, s. 3 (1). Definition (2) In this section, “head” means the person designated as the head of the IESO in the regulations made under the Freedom of Information and Protection of Privacy Act. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table - 01/11/2005; 2004, c. 23, Sched. A, s. 23 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015 20.1 Repealed: 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 24 - 01/01/2005 2008, c. 7, Sched. G, s. 2 - 14/05/2008 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
Liability of directors under the Employment Standards Act, 2000
21 Part XX of the Employment Standards Act, 2000 does not apply to a director of the IESO. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 25 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
By-laws
22 (1) The board of directors of the IESO may make by-laws regulating the business and affairs of the IESO. 2014, c. 7, Sched. 7, s. 3 (1). Governance and Structure By-law (2) The board of directors shall ensure that it maintains a by-law dealing with matters of corporate governance and structure, including, (a) the appointment of the chief executive officer of the IESO; (b) the circumstances in which a director ceases to hold office; (c) the remuneration and benefits of the chair and the other members of the board; (d) conflict of interest; (e) the delegation of the IESO’s powers and duties; (f) the establishment, composition and functions of panels; (g) such other matters as are prescribed by regulation or as are appropriate to the governance and structure of the corporation. 2014, c. 7, Sched. 7, s. 3 (1). Amendment or repeal of Governance and Structure By-law (3) A by-law that amends or repeals the Governance and Structure By-law shall be filed with the Minister by the board of directors. 2014, c. 7, Sched. 7, s. 3 (1). Disallowance (4) The Minister may disallow a by-law to which subsection (3) applies by written notice to the board of directors given within 60 days after the by-law is filed with the Minister. 2014, c. 7, Sched. 7, s. 3 (1). Effective date (5) A by-law to which subsection (3) does not apply comes into force on the day it is made or on such later date as may be specified in the by-law. 2014, c. 7, Sched. 7, s. 3 (1). Same (6) Subject to subsections (4) and (7), a by-law to which subsection (3) applies comes into force on the earlier of the following dates: 1. The expiry of the 60-day period referred to in subsection (4). 2. The day on which the Minister notifies the board of directors in writing that he or she will not disallow the by-law. 2014, c. 7, Sched. 7, s. 3 (1). Same (7) Subject to subsection (4), a by-law to which subsection (3) applies may specify that it comes into force on a day later than the day determined under subsection (6). 2014, c. 7, Sched. 7, s. 3 (1). Conflict between by-laws (8) In the event of a conflict between the Governance and Structure By-law and another by-law, the Governance and Structure By-law prevails. 2014, c. 7, Sched. 7, s. 3 (1). Legislation Act, 2006, Part III (9) Part III (Regulations) of the Legislation Act, 2006 does not apply to by-laws made under this section. 2014, c. 7, Sched. 7, s. 3 (1). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 26 - 01/01/2005 2014, c. 7, Sched. 7, s. 3 (1) - 01/01/2015