hordruma/ontario_laws_and_regs huggingface dataset:
PART III THE ELECTRICITY MARKETS
Statutory powers of decision
36.4 The powers of the Board to make orders under sections 36.2 and 36.3 shall be deemed to be statutory powers of decision for the purpose of the
Statutory Powers Procedure Act.  2008, c. 7, Sched. G, s. 4. Section Amendments with date in force (d/m/y) 2008, c. 7, Sched. G, s. 4 - 14/05/2008 Investigations
PART III THE ELECTRICITY MARKETS
Review of materials by Panel
37.1 (1) Every market participant shall deliver to the Market Surveillance Panel, at any time required by the Panel, any books, records or documents that are required to be kept by the market participant under the market rules or Ontario law.  2002, c. 1, Sched. A, s. 6. Same (2) The Panel may review and keep copies of any books, records or documents provided under subsection (1) for the purposes of market surveillance.  2002, c. 1, Sched. A, s. 6. Inspection (3) A person authorized in writing by the Panel may enter the business premises of any market participant, other than premises used as a dwelling, during business hours, and may examine and make copies of any books, records or documents mentioned in subsection (1) for the purposes of market surveillance.  2002, c. 1, Sched. A, s. 6. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 6 - 27/06/2002
PART III THE ELECTRICITY MARKETS
No obstruction
37.2 (1) No person shall obstruct, hinder or interfere with a person who is acting pursuant to an authorization granted under subsection 37 (6) or (9) or 37.1 (3).  2002, c. 1, Sched. A, s. 6. Penalty (2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine not exceeding $50,000.  2002, c. 1, Sched. A, s. 6. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 6 - 27/06/2002
PART III THE ELECTRICITY MARKETS
Confidentiality
37.3 (1) All information and material that is not otherwise public and that is furnished to or received or obtained by the Panel or anyone acting on behalf of the Panel pursuant to section 37 or 37.1 is confidential, and no person shall communicate the information or allow access to or inspection of the material except in the ordinary course of his or her duties, unless, (a) the Panel has made an order under subsection (3); (b) the information or material was considered by the Panel in preparing a report under subsection 37 (15) and communication of the information or access to or inspection of the material is required by a summons or direction of the Board; or (c) the information is communicated to or access to or inspection of the material is allowed to a police force or other investigatory agency or to a regulatory agency.  2002, c. 1, Sched. A, s. 6. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 37.3 (1) (c) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 16) Not evidence in proceedings (2) No document, record, copy or other thing obtained pursuant to section 37 or 37.1 is admissible in evidence in any proceeding, except a review by the Board under section 38, unless the Panel has made an order under subsection (3).  2002, c. 1, Sched. A, s. 6. Disclosure by Panel (3) The Panel shall make an order permitting the disclosure of information or material obtained pursuant to section 37 or 37.1 if, after giving the person from whom the information or material was obtained and any other person who, in the opinion of the Panel, is an interested party an opportunity to be heard, the Panel is of the opinion that disclosure is in the public interest.  2002, c. 1, Sched. A, s. 6. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 6 - 27/06/2002 2018, c. 3, Sched. 5, s. 18 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 16 - not in force Abuse of Market Power
PART III THE ELECTRICITY MARKETS
Abuse of market power
38 (1) If the Market Surveillance Panel submits a report to the IESO and the Board under section 37 that contains recommendations relating to the abuse or possible abuse of market power, the IESO shall, within 30 days after receiving the report, inform the Board what action the IESO has taken or intends to take in response to the report.  1998, c. 15, Sched. A, s. 38 (1); 2004, c. 23, Sched. A, s. 48. Review by Board (2) After receiving the report of the Market Surveillance Panel and after receiving any information provided by the IESO under subsection (1), the Board may conduct a review to determine whether the market rules or the licence of any market participant should be amended.  1998, c. 15, Sched. A, s. 38 (2); 2004, c. 23, Sched. A, s. 48. Minister’s directive (3) If directed to do so by the Minister under section 28 of the Ontario Energy Board Act, 1998, the Board shall, in accordance with the directive, conduct a review to determine whether the market rules or the licence of any market participant should be amended.  1998, c. 15, Sched. A, s. 38 (3). Powers of Board (4) On the completion of a review under subsection (2) or (3), the Board may, for the purpose of avoiding, reducing the risk of or mitigating the effects of an abuse of market power, (a) amend the licence of any market participant; or (b) make an order directing the IESO to amend the market rules in a manner and within the time specified by the Board.  1998, c. 15, Sched. A, s. 38 (4); 2004, c. 23, Sched. A, s. 48. Publication (5) The IESO shall, in accordance with the market rules, publish any amendment made pursuant to an order under clause (4) (b).  1998, c. 15, Sched. A, s. 38 (5); 2004, c. 23, Sched. A, s. 48. Further reviews (6) Sections 33 and 34 do not apply to an amendment made in accordance with an order under clause (4) (b).  1998, c. 15, Sched. A, s. 38 (6). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 48 - 01/01/2005 Emergency Plans
PART III THE ELECTRICITY MARKETS
Emergency plans
39 (1) The Minister shall require the IESO to prepare and file with the Minister such emergency plans as the Minister considers necessary.  1998, c. 15, Sched. A, s. 39 (1); 2004, c. 23, Sched. A, s. 49 (1). Same (2) The Minister may require a market participant to prepare and file with the Minister such emergency plans as the Minister considers necessary.  1998, c. 15, Sched. A, s. 39 (2). Co-ordination of plans (3) The IESO shall assist in co-ordinating the preparation of plans under subsections (1) and (2).  1998, c. 15, Sched. A, s. 39 (3); 2004, c. 23, Sched. A, s. 49 (1). Implementation (4) The Minister may direct the IESO or a market participant to implement an emergency plan filed under subsection (1) or (2), with such changes as the Minister considers necessary.  1998, c. 15, Sched. A, s. 39 (4); 2004, c. 23, Sched. A, s. 49 (1). Nuclear generation facilities (5) Every generator that owns or operates a nuclear generation facility shall file with the Minister a copy of any emergency plans relating to the facility that are filed with the Canadian Nuclear Safety Commission.  1998, c. 15, Sched. A, s. 39 (5). (6) Repealed:  2004, c. 23, Sched. A, s. 49 (2). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. A, s. 49 (1, 2) - 01/01/2005 Powers of Entry
PART III THE ELECTRICITY MARKETS
Powers of entry
40 (1) A transmitter or distributor may, at reasonable times, enter land on which its transmission or distribution system is located, (a) to inspect, maintain, repair, alter, remove, replace or disconnect wires or other facilities used to transmit or distribute electricity; or (b) to install, inspect, read, calibrate, maintain, repair, alter, remove or replace a meter.  1998, c. 15, Sched. A, s. 40 (1). Same: multi-unit buildings (2) If a transmitter or distributor has the necessary consent of an owner or occupant to connect a line of its transmission or distribution system to part of a building and other parts of the building are owned by different owners or are in the possession of different occupants, the transmitter or distributor may, at reasonable times, enter on the other parts of the building to install, construct or maintain its transmission or distribution system, including anything necessary to make the connection.  1998, c. 15, Sched. A, s. 40 (2). Same: common passages (3) If a transmitter or distributor has the necessary consent of an owner or occupant to connect a line of its transmission or distribution system to land and the owner or occupant shares a mutual driveway or other common passage with the owners or occupants of neighbouring land, the transmitter or distributor may, at reasonable times, enter the common passage to install, construct or maintain its transmission or distribution system, including anything necessary to make the connection.  1998, c. 15, Sched. A, s. 40 (3). Same: removal of obstructions (4) A transmitter or distributor may enter any land for the purpose of cutting down or removing trees, branches or other obstructions if, in the opinion of the transmitter or distributor, it is necessary to do so to maintain the safe and reliable operation of its transmission or distribution system.  1998, c. 15, Sched. A, s. 40 (4). Shutting off electricity (5) For the purposes of this section, the transmitter or distributor may shut off or reduce the supply of electricity to the property or connect or disconnect equipment or open or close circuits.  1998, c. 15, Sched. A, s. 40 (5). Employees, etc. (6) If a person has a power of entry under this section, the power may be exercised by an employee or agent of the person who may be accompanied by any other person under the direction of the employee or agent.  1998, c. 15, Sched. A, s. 40 (6). Identification (7) A person exercising a power of entry under this section must on request display or produce proper identification.  1998, c. 15, Sched. A, s. 40 (7). Notice, compensation, etc. (8) If a person exercises a power of entry under this section, the person shall, (a) provide reasonable notice of the entry to the occupier of the property; (b) in so far as is practicable, restore the property to its original condition; and (c) provide compensation for any damages caused by the entry.  1998, c. 15, Sched. A, s. 40 (8). Property Interests
PART III THE ELECTRICITY MARKETS
Public streets and highways
41 (1) A transmitter or distributor may, over, under or on any public street or highway, construct or install such structures, equipment and other facilities as it considers necessary for the purpose of its transmission or distribution system, including poles and lines.  1998, c. 15, Sched. A, s. 41 (1). Inspection, etc. (2) The transmitter or distributor may inspect, maintain, repair, alter, remove or replace any structure, equipment or facilities constructed or installed under subsection (1) or a predecessor of subsection (1).  1998, c. 15, Sched. A, s. 41 (2). Entry (3) The transmitter or distributor may enter the street or highway at any reasonable time to exercise the powers referred to in subsections (1) and (2).  1998, c. 15, Sched. A, s. 41 (3). Employees, etc. (4) The powers of a transmitter or distributor under subsections (1), (2) and (3) may be exercised by an employee or agent of the transmitter or distributor, who may be accompanied by any other person under the direction of the employee or agent.  1998, c. 15, Sched. A, s. 41 (4). No consent required (5) The exercise of powers under subsections (1), (2) and (3) does not require the consent of the owner of or any other person having an interest in the street or highway.  1998, c. 15, Sched. A, s. 41 (5). Identification (6) A person exercising a power of entry under this section must on request display or produce proper identification.  1998, c. 15, Sched. A, s. 41 (6). Notice, compensation, etc. (7) If a transmitter or distributor exercises a power of entry under this section, it shall, (a) provide reasonable notice of the entry to the owner or other person having authority over the street or highway; (b) in so far as is practicable, restore the street or highway to its original condition; and (c) provide compensation for any damages caused by the entry.  1998, c. 15, Sched. A, s. 41 (7). No compensation (8) Subject to clause (7) (c), the transmitter or distributor is not required to pay any compensation in order to exercise its powers under subsections (1), (2) and (3), and the Expropriations Act does not apply in respect of anything done pursuant to those powers.  1998, c. 15, Sched. A, s. 41 (8). Location (9) The location of any structures, equipment or facilities constructed or installed under subsection (1) shall be agreed on by the transmitter or distributor and the owner of the street or highway, and in case of disagreement shall be determined by the Board.  1998, c. 15, Sched. A, s. 41 (9). (10) Repealed: 2016, c. 10, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2016, c. 10, Sched. 2, s. 9 - 01/07/2016
PART III THE ELECTRICITY MARKETS
Telecommunications services
42 (1) If part of a transmission or distribution system is located on land with respect to which the transmitter or distributor has an easement or other right to use the land, the transmitter or distributor may, (a) use the land that is subject to the easement or other right for the purpose of providing telecommunications service; or (b) enter into agreements with other persons, including affiliates of the transmitter or distributor, authorizing them to use the land that is subject to the easement or other right for the purpose of providing telecommunications service.  1998, c. 15, Sched. A, s. 42 (1). Same (2) Except as provided under this section, subsection (1) applies despite any other Act and despite any agreement or instrument to the contrary.  1998, c. 15, Sched. A, s. 42 (2); 2021, c. 2, Sched. 2, s. 10 (1). Same (3) Clause (1) (a) is subject to section 71 of the Ontario Energy Board Act, 1998.  1998, c. 15, Sched. A, s. 42 (3). No compensation (4) The transmitter or distributor is not required to pay any compensation for attaching wires or other telecommunications facilities to a transmission or distribution pole pursuant to clause (1) (a).  1998, c. 15, Sched. A, s. 42 (4). Same (5) A person who is authorized to use land pursuant to an agreement entered into under clause (1) (b) is not required to pay any compensation, other than compensation provided for in the agreement, for attaching wires or other telecommunications facilities to a transmission or distribution pole pursuant to the agreement.  1998, c. 15, Sched. A, s. 42 (5). Same (5.1) Clause (1) (b) and subsection (5) are subject to Part VI.1 of the Ontario Energy Board Act, 1998. 2021, c. 2, Sched. 2, s. 10 (2). Definition (6) In this section, “telecommunications service” has the same meaning as in the
Telecommunications Act (Canada).  1998, c. 15, Sched. A, s. 42 (6). Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 10 (1, 2) - 01/01/2022
PART III THE ELECTRICITY MARKETS
Easement: generators, transmitters and distributors
42.1 An easement in favour of a generator, transmitter or distributor for the purpose of generation, transmission or distribution does not have to be appurtenant or annexed to or for the benefit of any specific parcel of land to be valid.  2002, c. 1, Sched. A, s. 7. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 7 - 27/06/2002 Easement over lands sold for taxes
PART III THE ELECTRICITY MARKETS
Transmitters and distributors
43 (1) Despite any other Act, if land that was or is subject to easements, ways, rights of way or entry, licences or rights to maintain property thereon, owned by or belonging to a transmitter or distributor, has been or is sold for taxes, or in respect of which a tax arrears certificate has been or is registered, such easements, ways, rights of way or entry, licences, or rights to maintain property shall be deemed not to have been or be affected by the sale or registration.  1998, c. 15, Sched. A, s. 43 (1). Same: generators (2) Despite any other Act, if land that was or is subject to flooding rights owned by or belonging to a generator has been or is sold for taxes, or in respect of which a tax arrears certificate has been or is registered, such flooding rights shall be deemed not to have been or be affected by the sale or registration.  1998, c. 15, Sched. A, s. 43 (2).
PART III THE ELECTRICITY MARKETS
Easement: municipal public utilities
43.1 Section 91 of the Municipal Act, 2001 or section 72 of the City of Toronto Act, 2006, as the case may be, applies, with necessary modifications, with respect to a corporation incorporated under section 142 and its subsidiaries as if the corporation or subsidiary, as the case may be, were a municipality and with respect to an easement in favour of a generator, transmitter or distributor for the purpose of generation, transmission or distribution as if it were an easement of a public utility under that section.  2002, c. 1, Sched. A, s. 8; 2006, c. 32, Sched. C, s. 16 (1). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 8 - 01/01/2003 2006, c. 32, Sched. C, s. 16 (1) - 01/01/2007
PART III THE ELECTRICITY MARKETS
Ownership of fixtures
44 Despite any other Act, if property of a transmitter or distributor has been affixed to realty, the property remains subject to the rights of the transmitter or distributor as fully as it was before being so affixed and does not become part of the realty unless otherwise agreed by the transmitter or distributor in writing.  1998, c. 15, Sched. A, s. 44.
PART III THE ELECTRICITY MARKETS
Exemption from seizure
45 Personal property of a transmitter or distributor that is used for or in connection with transmitting or distributing electricity to land is exempt from seizure, (a) against the owner or occupant of the land under the
Execution Act; and (b) against a person with a leasehold interest in the land for overdue rent.  1998, c. 15, Sched. A, s. 45.
PART III THE ELECTRICITY MARKETS
Unregistered rights
46 (1) If, immediately before the repeal of section 48 of the Power Corporation Act under the Energy Competition Act, 1998, land was subject to a right referred to in subsection 48 (2) or (3) of the Power Corporation Act, the land continues to be subject to the right until the right expires or until it is released by the holder of the right.  1998, c. 15, Sched. A, s. 46 (1). Transfer of right (2) A right referred to in subsection (1) may be transferred to, (a) Hydro One Inc.; (b) Ontario Power Generation Inc.; (c) a subsidiary of Hydro One Inc. that is authorized to transmit or distribute electricity; (c.1) a subsidiary of Ontario Power Generation Inc. that is authorized to generate electricity; (d) a corporation established pursuant to section 142 that is authorized to transmit or distribute electricity; or (e) a subsidiary of a corporation established pursuant to section 142, if the subsidiary is authorized to transmit or distribute electricity.  1998, c. 15, Sched. A, s. 46 (2); 2002, c. 1, Sched. A, s. 9. Information (3) On the request of the owner of land or a person intending to acquire an interest in land, the holder of a right referred to in subsection (1) shall make a search of its records and, within 21 days after receiving the request, shall inform the owner or person whether or not it has a right affecting the land that is not registered under the Land Titles Act or the Registry Act and, if it has such a right, shall also inform the owner or person of the term and extent of the right.  1998, c. 15, Sched. A, s. 46 (3). Compensation (4) A person who suffers loss or damage due to the failure of the holder of a right to comply with subsection (3) is entitled to compensation for the loss or damage from the holder of the right.  1998, c. 15, Sched. A, s. 46 (4). Application of Expropriations Act (5) The Expropriations Act applies with necessary modifications to a claim for compensation under subsection (4) as if it constituted injurious affection and, for the purpose, (a) a reference to the statutory authority shall be deemed to be a reference to the holder of the right; and (b) a reference to the owner shall be deemed to be a reference to the person mentioned in subsection (4).  1998, c. 15, Sched. A, s. 46 (5). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 9 - 27/06/2002 Transition
PART III THE ELECTRICITY MARKETS
Use of land in connection with generation
46.1 (1) If, on March 31, 1999, the occupier of land used or could lawfully have used the land in connection with the generation of electricity, any occupier of the land may, (a) use the land in connection with the generation of electricity, (i) for the use for which the land was used on March 31, 1999, or (ii) for any use for which the land could lawfully have been used on March 31, 1999; and (b) use or erect on the land any building or structure in connection with a use of the land that is authorized by clause (a).  2001, c. 23, s. 67. Same (2) For the purpose of subsection (1), if, on March 31, 1999, land was used or could lawfully have been used in connection with a generation facility that used a type of fuel prescribed by the regulations to generate electricity and, with respect to that type of fuel, the regulations prescribe another type of fuel as a substitute fuel, it shall be deemed to have been lawful on March 31, 1999 to use the land in connection with a generation facility that used the substitute fuel to generate electricity.  2001, c. 23, s. 67. Transition: use of land in connection with transmission or distribution (3) If, on March 31, 1999, the occupier of land used or could lawfully have used the land in connection with the transmission or distribution of electricity, any occupier of the land may, (a) use the land in connection with the transmission or distribution of electricity, (i) for the use for which the land was used on March 31, 1999, or (ii) for any use for which the land could lawfully have been used on March 31, 1999; and (b) use or erect on the land any building or structure in connection with a use of the land that is authorized by clause (a).  2001, c. 23, s. 67. Planning Act (4) This section applies despite any provision of the Planning Act that was enacted before the day the Responsible Choices for Growth and Fiscal Responsibility Act (Budget Measures), 2001 received Royal Assent and despite any by-law, regulation or order made under the Planning Act before that day.  2001, c. 23, s. 67. Section Amendments with date in force (d/m/y) 2001, c. 23, s. 67
- 01/04/1999
PART III THE ELECTRICITY MARKETS
Toronto land used by Ontario Hydro
46.2 (1) Despite section 46.1, if, before March 31, 1999, Ontario Hydro occupied and used land in the City of Toronto in connection with the generation of electricity using fossil fuels and for any ancillary use, any occupier of the land may, (a) use the land in connection with any one or more of the generation of electricity using a type of fuel prescribed by the regulations, the transmission of electricity and the distribution of electricity and for any ancillary uses; and (b) use or erect on the land any building or structure in connection with a use of the land that is authorized by clause (a).  2002, c. 23, s. 3 (21). Conflict (2) This section applies despite any provision of the Planning Act or any other Act and despite any by-law, regulation or order made under the Planning Act or any other Act.  2002, c. 23, s. 3 (21). Section Amendments with date in force (d/m/y) 2002, c. 23, s. 3 (21) - 09/12/2002
PART III THE ELECTRICITY MARKETS
Affixing signs, etc.
47 Every person who, without the consent of a transmitter or distributor, nails or otherwise attaches anything, or causes anything to be nailed or otherwise attached to or upon any wooden transmission or distribution pole of the transmitter or distributor is guilty of an offence and on conviction is liable to a fine of not more than $200.  1998, c. 15, Sched. A, s. 47. PART IV   HYDRO ONE INC.