PART I GENERAL
Interpretation
2 (1) In this Act, “affiliate”, with respect to a corporation, has the same meaning as in the Business Corporations Act; (“membre du même groupe”) “alternative energy source” means a source of energy, (a) that is prescribed by the regulations or that satisfies criteria prescribed by the regulations, and (b) that can be used to generate electricity through a process that is cleaner than certain other generation technologies in use in Ontario before June 1, 2004; (“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”) “Board” means the Ontario Energy Board; (“Commission”) “charges” means, with respect to the IESO, amounts charged by the IESO, or by a predecessor within the meaning of section 4, to recover amounts paid or payable by the IESO or the predecessor to another person with respect to electricity; (“frais”) “consumer” means a person who uses, for the person’s own consumption, electricity that the person did not generate; (“consommateur”) “corridor land” means the real property transferred to Her Majesty in right of Ontario by section 114.2; (“biens-fonds réservés aux couloirs”) “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”) “Electrical Safety Authority” means the person or body designated by the regulations as the Electrical Safety Authority; (“Office de la sécurité des installations électriques”) “fees” means, with respect to the IESO, amounts charged by the IESO, or by a predecessor within the meaning of section 4, to recover its costs of operations; (“droits”) “Financial Corporation” means Ontario Hydro Financial Corporation, as continued under Part V; (“Société financière”) Note:  Effective April 1, 1999, the name of the Ontario Hydro Financial Corporation has been changed by regulation to Ontario Electricity Financial Corporation in English and Société financière de l’industrie de l’électricité de l’Ontario in French.  See:  O. Reg. 115/99, s. 1. “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”) “Governance and Structure By-law” means the by-law maintained under subsection 22 (2); (“règlement de régie”) “Hydro One Inc.” means the corporation incorporated as Ontario Hydro Services Company Inc. under the Business Corporations Act on December 1, 1998; (“Hydro One Inc.”) “IESO” means the Independent Electricity System Operator continued under Part II; (“SIERE”) “IESO-administered markets” means the markets established by the market rules; (“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”) “integrated power system” means the IESO-controlled grid and the structures, equipment and other things that connect the IESO-controlled grid with transmission systems and distribution systems in Ontario and transmission systems outside Ontario; (“réseau d’électricité intégré”) “licence” means a licence issued under Part V of the Ontario Energy Board Act, 1998; (“permis”) “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; (“règles du marché”) “Market Surveillance Panel” means the Market Surveillance Panel continued under Part II of the Ontario Energy Board Act, 1998; (“comité de surveillance du marché”) “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”) “Ontario Power Generation Inc.” means the corporation incorporated as Ontario Power Generation Inc. under the Business Corporations Act on December 1, 1998; (“Ontario Power Generation Inc.”) “procurement contract” means a contract entered into by the IESO under section 25.32; (“contrat d’acquisition”) “regulations” means the regulations made under this Act; (“règlements”) “reliability standard” means a standard or criterion, including an amendment to a standard or criterion, relating to the reliable operation of the integrated power system that is approved by a standards authority; (“norme de fiabilité”) “renewable energy generation facility” means a generation facility that generates electricity from a renewable energy source and that meets such criteria as may be prescribed by regulation and includes associated or ancillary equipment, systems and technologies as may be prescribed by regulation, but does not include an associated waste disposal site, unless the site is prescribed by regulation for the purposes of this definition; (“installation de production d’énergie renouvelable”) “renewable energy project” means the construction, installation, use, operation, changing or retiring of a renewable energy generation facility; (“projet d’énergie renouvelable”) “renewable energy source” means an energy source that is renewed by natural processes and includes wind, water, biomass, biogas, biofuel, solar energy, geothermal energy, tidal forces and such other energy sources as may be prescribed by the regulations, but only if the energy source satisfies such criteria as may be prescribed by the regulations for that energy source; (“source d’énergie renouvelable”) “renewable energy testing facility” means devices or structures to be used to gather information about natural conditions at the location of the structures or devices and related infrastructure and that meet such criteria as may be prescribed by the regulations; (“installation d’évaluation du potentiel en énergie renouvelable”) “renewable energy testing project” means the construction, installation, use, operation, changing or retiring of a renewable energy testing facility; (“projet d’évaluation du potentiel en 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”) “retailer” means a person who retails electricity; (“détaillant”) “security” has the meaning assigned by the Securities Act; (“valeur mobilière”) “service area”, with respect to a distributor, means the area in which the distributor is authorized by its licence to distribute electricity; (“secteur de service”) “smart grid” means the advanced information exchange systems and equipment described in subsection (1.3); (“réseau intelligent”) “smart metering data” means data derived from smart meters, including data related to the consumers’ consumption of electricity; (“données des compteurs intelligents”) “Smart Metering Entity” means the corporation incorporated, the limited partnership or the partnership formed or the entity designated pursuant to section 53.7 to accomplish the government’s smart metering initiative; (“Entité responsable des compteurs intelligents”) “smart metering initiative” means those policies of the Government of Ontario related to its decision to ensure Ontario electricity consumers are provided, over time, with smart meters; (“initiative des compteurs intelligents”) “standards authority” means the North American Electric Reliability Corporation or any successor thereof, or any other agency or body designated by regulation that approves standards or criteria applicable both in and outside Ontario relating to the reliability of transmission systems; (“organisme de normalisation”) “subsidiary”, with respect to a corporation, has the same meaning as in the Business Corporations Act; (“filiale”) “suite meter” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“compteur individuel”) “suite metering” has the same meaning as in Part III of the
Energy Consumer Protection Act, 2010; (“activités liées aux compteurs individuels”) “suite meter provider” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“fournisseur de compteurs individuels”) “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”) “voting security” has the same meaning as in the Business Corporations Act; (“valeur mobilière avec droit de vote”) “waste disposal site” has the same meaning as in section 25 of the Environmental Protection Act. (“lieu d’élimination des déchets”)  1998, c. 15, Sched. A, s. 2 (1); 2002, c. 1, Sched. A, s. 2 (1-6); 2002, c. 23, s. 3 (2); 2004, c. 23, Sched. A, s. 2 (1-10); 2006, c. 3, Sched. B, s. 1; 2008, c. 7, Sched. G, s. 1; 2009, c. 12, Sched. B, s. 1 (1-4); 2010, c. 8, s. 37 (1); 2011, c. 9, Sched. 27, s. 23 (1); 2014, c. 7, Sched. 7,  s. 2 (1-5); 2016, c. 10, Sched. 2, s. 2 (1); 2018, c. 16, s. 1; 2019, c. 6, Sched. 1, s. 1; 2022, c. 23, Sched. 1, s. 1. Alternative energy source, exception (1.1) Despite the definition of “alternative energy source” in subsection (1), an energy source is not an alternative energy source for the purposes of this Act in respect of a particular generation facility or unit if criteria prescribed by the regulations relating to the generation of electricity from the energy source are not satisfied.  2004, c. 23, Sched. A, s. 2 (11). Renewable energy source, exception (1.2) Despite the definition of “renewable energy source” in subsection (1), an energy source is not a renewable energy source for the purposes of this Act in respect of a particular generation facility or unit if criteria prescribed by the regulations relating to the generation of electricity from the energy source are not satisfied.  2004, c. 23, Sched. A, s. 2 (12). Smart grid (1.3) For the purposes of this Act, the smart grid means the advanced information exchange systems and equipment that when utilized together improve the flexibility, security, reliability, efficiency and safety of the integrated power system and distribution systems, particularly for the purposes of, (a) enabling the increased use of renewable energy sources and technology, including generation facilities connected to the distribution system; (b) expanding opportunities to provide demand response, price information and load control to electricity customers; (c) accommodating the use of emerging, innovative and energy-saving technologies and system control applications; or (d) supporting other objectives that may be prescribed by regulation.  2009, c. 12, Sched. B, s. 1 (5). Procurement contracts, transition (1.5) For the purposes of this Act, a procurement contract is deemed to include, (a) a contract entered into or assumed, pursuant to section 25.32, before the day section 7 of Schedule 2 to the Energy Statute Law Amendment Act, 2016 comes into force; and (b) a contract entered into, pursuant to section 25.35, before its repeal by section 8 of Schedule 2 to the Energy Statute Law Amendment Act, 2016. 2016, c. 10, Sched. 2, s. 2 (2). Procurement contracts, exceptions (1.6) A transaction, arrangement or agreement entered into by the IESO based on the market rules is deemed not to be a procurement contract for the purposes of this Act. 2014, c. 7, Sched. 7, s. 2 (6). Determinations of Board (2) The definitions of “distribute”, “distribution system”, “distributor”, “transmission system”, “transmit” and “transmitter” in subsection (1) are subject to any determination made under section 84 of the Ontario Energy Board Act, 1998.  1998, c. 15, Sched. A, s. 2 (2). References to Ontario Hydro (3) Subject to the regulations, a reference in this or any other Act or in the regulations made under this or any other Act to Ontario Hydro shall be deemed, after section 54 comes into force, to be a reference to the Financial Corporation, unless the context requires otherwise.  1998, c. 15, Sched. A, s. 2 (3). References to Financial Corporation (4) A reference in this or any other Act or in the regulations made under this or any other Act to the Financial Corporation shall be deemed, before section 54 comes into force, to be a reference to Ontario Hydro, unless the context requires otherwise.  1998, c. 15, Sched. A, s. 2 (4). References to Generation Corporation (5) A reference to the Generation Corporation in the regulations made under this or any other Act, an order made under Part X or a statement made under section 124 shall be deemed to be a reference to Ontario Power Generation Inc.  2002, c. 1, Sched. A, s. 2 (7). References to Services Corporation (6) A reference to the Services Corporation in the regulations made under this or any other Act, an order made under Part X or a statement made under section 124 shall be deemed to be a reference to Hydro One Inc.  2002, c. 1, Sched. A, s. 2 (7). References to Independent Electricity Market Operator (7) A reference in a statement mentioned in section 124 or in a regulation, order or rule made under this or any other Act, (a) to the Independent Electricity Market Operator shall be deemed to be a reference to the Independent Electricity System Operator, unless the context requires otherwise, and to the IMO shall be deemed to be a reference to the IESO, unless the context requires otherwise; (b) to the IMO-administered markets shall be deemed to be a reference to the IESO-administered markets; (c) to the IMO-controlled grid shall be deemed to be a reference to the IESO-controlled grid; and (d) to the Ontario Power Authority or the OPA is deemed to be a reference to the Independent Electricity System Operator as continued under this Act unless the context requires otherwise. 2004, c. 23, Sched. A, s. 2 (13); 2007, c. 13, s. 42; 2014, c. 7, Sched. 7, s. 2 (7). Corporations Tax Act references (8) Any reference to the
Corporations Tax Act in this Act shall be deemed to be a reference to that Act as it applied to corporations for taxation years under that Act ending on or before December 31, 2008.  2008, c. 19, Sched. V, s. 3. Section Amendments with date in force (d/m/y) O. Reg. 115/99, s. 1 - 01/04/1999 2002, c. 1, Sched. A, s. 2 (1-7) - 27/06/2002; 2002, c. 23, s. 3 (2)
- 09/12/2002 2004, c. 23, Sched. A, s. 2 (1, 2, 4-7, 9-13) - 01/01/2005; 2004, c. 23, Sched. A, s. 2 (3, 8) - 20/12/2004 2006, c. 3, Sched. B, s. 1 - 03/05/2006 2007, c. 13, s. 42 - 04/06/2007 2008, c. 7, Sched. G, s. 1 (1, 2) - 14/05/2008; 2008, c. 19, Sched. V, s. 3 - 01/01/2009 2009, c. 12, Sched. B, s. 1 (1-5) - 09/09/2009 2010, c. 8, s. 37 (1) - 01/01/2011; 2010, c. 8, s. 37 (2) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020 2011, c. 9, Sched. 27, s. 23 (1) - 06/06/2011 2014, c. 7, Sched. 7, s. 2 (1-7) - 01/01/2015 2016, c. 10, Sched. 2, s. 2 (1, 2) - 01/07/2016 2018, c. 16, s. 1 (1-3) - 01/01/2019 2019, c. 6, Sched. 1, s. 1 - 09/05/2019 2022, c. 23, Sched. 1, s. 1 - 15/03/2023 Municipal Act, 2001 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