PART III THE ELECTRICITY MARKETS
Limitation period
36.1.1 (1) Despite anything in this or any other Act or regulation, the market rules or any licence or code issued by the Board, but subject to the regulations made under this section and to subsections (7) and (8), no market participant, consumer, entity or person shall, more than two years or other prescribed period of time after the applicable date, be entitled to seek or receive any payment, adjustment or amount, or be required to make any payment or adjustment or to pay an amount, from or to the IESO, where the payment, adjustment or amount is based on an entitlement or a specified charge that arises under an Act or a regulation, or one or more provisions of an Act or a regulation, that is prescribed for the purposes of this subsection. 2021, c. 34, Sched. 9, s. 2. Same, IESO (2) For the purposes of subsection (1), and subject to subsections (7) and (8), the IESO shall not, in respect of an entitlement or specified charge described in subsection (1), make or receive any payment or adjustment of any amount to or from a market participant, consumer, entity or person, including settling or resettling such payments, adjustments or amounts, more than two years or other prescribed period of time after the applicable date referred to in that subsection. 2021, c. 34, Sched. 9, s. 2. Greater certainty (3) For greater certainty, subsection (1) does not apply to a payment, adjustment or amount in respect of an entitlement or specified charge that arises under an Act or a regulation, or under a provision of an Act or a regulation, that is not prescribed for the purposes of that subsection. 2021, c. 34, Sched. 9, s. 2. Applicable date (4) For the purposes of subsection (1), the applicable date is, with respect to a settlement of any payment, adjustment or amount that relates to an entitlement or a specified charge, and subject to the regulations, if any, (a) the earlier of, (i) the initial date on which the IESO would have the right or obligation to settle a transaction, or (ii) the date the IESO issues an invoice; or (b) the alternative applicable date provided for in the regulations or determined by a method provided for in the regulations. 2021, c. 34, Sched. 9, s. 2. Discoverability, etc. (5) Subsection (1) applies whether or not the payment, adjustment or amount in respect of an entitlement or specified charge was capable of being identified or discovered within the applicable limitation period. 2021, c. 34, Sched. 9, s. 2. IESO authority unaffected, market rules, etc. (6) Subject to subsection (8), nothing in this section shall be read to remove, eliminate, limit or interfere with the IESO’s authority that does not relate to or conflict with the matters provided for in subsection (1), including its authority to make or receive any payments or adjustments that arise under the market rules or to participate in any transactions or settlements that arise under the market rules or to undertake any other activities that arise under the market rules, and including the IESO’s authority to, (a) make or amend the market rules in relation to settlements, payments, adjustments or charges including the timing and method for determining such settlements, payments, adjustments or charges, or any related matter; (b) commence or carry out compliance or enforcement activities arising under the market rules, including any audit, inquiry, investigation, monitoring or other supervisory activity or review related to the issuance or potential issuance of a financial penalty or other sanction under the market rules or in relation to any settlements, payments, adjustments or charges under the market rules; (c) make or adjust amounts paid or payable under the market rules, including amounts mentioned in clause (f); (d) suspend or terminate a market participant’s authorization to participate in the IESO-administered markets, in accordance with the market rules; (e) make or receive a payment or pay or receive an amount that is attributable to, (i) a decision, an order, a licence or a code made or issued by the Board, any form of compliance or enforcement activity, determination or direction of the Board or an assurance of voluntary compliance given to the Board under section 112.7 of the Ontario Energy Board Act, 1998, (ii) an award, an order, a determination or a proceeding provided by an arbitrator, a court, the IESO or a tribunal other than the Board or by a compliance agreement or other agreement providing for the resolution of a matter arising from a compliance or enforcement activity, (iii) an award, an order, a ruling or a determination of an arbitrator, a court or a tribunal in relation to a settlement, or (iv) any contract entered into by the IESO; (f) make or adjust amounts paid or payable arising under the market rules, including settling or resettling such amounts as and when required or appropriate in accordance with the market rules; (g) issue, re-issue or amend settlement statements or any documentation that reflects settlements that arise under the market rules; or (h) make, receive or provide for a payment, adjustment or amount or participate in a transaction that is provided for in the regulations or to do any of those things in a manner that is determined by the regulations with a person or class of persons prescribed by the regulations. 2021, c. 34, Sched. 9, s. 2. Non-application, subs. (1) (7) Despite subsection (1), the IESO shall not be restricted from making or receiving any payment or adjustment of any amount to or from a market participant, a consumer, an entity or a person in respect of an entitlement or a specified charge to which that subsection applies where such payment or adjustment results from, (a) any form of compliance or enforcement activity, determination, ruling or decision arising under the market rules, including the issuance of any financial penalty or other sanction under the market rules or the making or adjusting of amounts paid or payable under the market rules or that are based on a payment or entitlement mentioned in subsection (1); (b) a decision, an order or a direction of the Board in respect of a variance account; (c) any form of compliance or enforcement activity, determination, direction, decision or order of the Board or an assurance of voluntary compliance given to the Board under section 112.7 of the Ontario Energy Board Act, 1998; (d) a decision or an order of a court arising from a matter mentioned in clause (b) or (c); (e) an award, an order, a decision, a ruling or a determination provided by a court, the Board, a tribunal or an arbitrator that relates to a compliance or enforcement activity undertaken by the IESO, including any agreement providing for the resolution of a matter entered into in the context of such proceedings; or (f) with respect to any matters that are not referred to in clauses (b), (c), (d) and (e), an award, an order, a decision, a ruling or a determination provided by the Board, a court, a tribunal other than the Board or an arbitrator, where the proceedings were initiated in the manner provided for in the regulations, and before the limitation period provided for in the regulations, if any. 2021, c. 34, Sched. 9, s. 2. Board authority unaffected (8) Subject to subsection (11), nothing in this section shall be read to remove, eliminate or interfere with the Board’s authority under this or any other Act. 2021, c. 34, Sched. 9, s. 2. No expropriation (9) Nothing in this section and nothing done or not done in accordance with this section constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2021, c. 34, Sched. 9, s. 2. No compensation (10) Despite any other Act or law, no person is entitled to any compensation for any loss or damages, including loss of an entitlement to a payment, an adjustment or an amount referred to in this section or the loss of revenues or loss of profit, that arises from the enactment, repeal or application of this section, the making, revocation or application of any regulation or order made under this section or anything done or not done in accordance with this section or a regulation or an order made under this section. 2021, c. 34, Sched. 9, s. 2. Conflicts, etc. (11) Where any conflict exists between an order of the Board, a code issued by the Board or a licence condition and this section or a regulation made under this section, this section or the regulation made under this section shall prevail to the extent of the conflict. 2021, c. 34, Sched. 9, s. 2. Crown not liable, etc. (12) No cause of action arises against the Crown, any current or former member of the Executive Council or any current or former employee or agent of or advisor to the Crown, or against the IESO or the Board or any of their current or former directors, officers, employees or agents, and in the case of the Board, any of its current or former chairs, vice-chairs, members or commissioners, as a direct or indirect result of, (a) the enactment, operation, administration or repeal of any provision of this section or the regulations made under it or that are consequential to its enactment; or (b) anything done or not done in order to comply with this section or the regulations made under it. 2021, c. 34, Sched. 9, s. 2. Timing (13) Subsection (12) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day this section came into force. 2021, c. 34, Sched. 9, s. 2. Regulations (14) The Lieutenant Governor in Council may make regulations, (a) providing for and governing situations to which subsection (1) does or does not apply, including prescribing Acts, regulations, or provisions of Acts or regulations to which subsection (1) does or does not apply; (b) providing for an alternative limitation period for the purposes of subsection (1), and providing for and governing situations where different limitation periods apply, including providing for the method or methods of determining such limitation periods; (c) prescribing payments, adjustments, amounts, entitlements and specified charges to which subsection (1) does or does not apply; (d) respecting what the applicable date is for the purposes of subsection (1), including providing for the alternative applicable date mentioned in clause (4) (b), or a method of determining the applicable date or the alternative applicable date, including providing for the application of or determination of different applicable dates in different circumstances; (e) defining “adjustment”, “amount”, “entitlement”, “invoice”, “payment”, “specified charge” and “variance account” for the purposes of this section, and providing for any criteria they must meet; (f) providing for criteria that must be met relating to the manner in which the proceedings referred to in clause (7) (f) are initiated and providing for different criteria that must be met in different circumstances; (g) providing for the limitation period referred to in clause (7) (f); (h) generally for governing the application of this section and providing for anything that is described in this section as being prescribed by, determined in or provided for in the regulations; (i) governing such transitional matters as the Lieutenant Governor in Council considers necessary or advisable to facilitate the implementation of this section. 2021, c. 34, Sched. 9, s. 2. Retroactive (15) A regulation under this section may apply to a period before it is made, if the regulation so provides. 2021, c. 34, Sched. 9, s. 2. Definitions (16) In this section, “adjustment”, “amount”, “entitlement”, “invoice”, “payment”, “specified charge” and “variance account” have the meaning provided for in the regulations. 2021, c. 34, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 9, s. 2 - 01/01/2022 Reliability Standards Reliability standards