PART III THE ELECTRICITY MARKETS
Exemptions from market rules
36.1 (1) A person may apply to the IESO for an exemption from any provision of the market rules.  2001, c. 9, Sched. F, s. 1 (2); 2004, c. 23, Sched. A, s. 46 (1). Notice of application (2) The IESO shall, in accordance with the market rules, publish notice of the application.  2001, c. 9, Sched. F, s. 1 (2); 2004, c. 23, Sched. A, s. 46 (1). Determined by panel of directors (3) The application shall be determined by a panel of at least two directors of the IESO assigned to the application by the chair of the IESO’s board of directors.  2004, c. 23, Sched. A, s. 46 (2). Written submissions (4) The panel is not required to hold a hearing but shall consider all written submissions made in accordance with the market rules in respect of the application.  2001, c. 9, Sched. F, s. 1 (2). Exemption requires approval of two-thirds of panel (5) An exemption shall not be granted unless the exemption is approved by at least two-thirds of the directors on the panel.  2004, c. 23, Sched. A, s. 46 (3). Terms of exemption (6) An exemption, (a) may be granted in whole or in part; and (b) may be granted subject to conditions or restrictions.  2001, c. 9, Sched. F, s. 1 (2). Expiry of exemption (7) If an exemption is granted, it shall specify that it expires, (a) on a date fixed by the panel; or (b) on the occurrence of an event specified by the panel.  2001, c. 9, Sched. F, s. 1 (2). Same (8) A date fixed for the expiry of an exemption under clause (7) (a) shall not be later than five years after the exemption takes effect, unless the panel is satisfied that the circumstances justify a later date.  2001, c. 9, Sched. F, s. 1 (2). Reasons (9) When the panel decides to grant or refuse to grant an exemption, it shall give written reasons for its decision.  2001, c. 9, Sched. F, s. 1 (2). Notice of decision (10) When the panel decides to grant or refuse to grant an exemption, the IESO shall, in accordance with the market rules, publish notice of the decision.  2001, c. 9, Sched. F, s. 1 (2); 2004, c. 23, Sched. A, s. 46 (4). Appeal (11) A person who is directly affected by the panel’s decision to grant or refuse to grant an exemption and who made written submissions to the panel may appeal to the Board within 14 days after publication of the notice of the decision.  2001, c. 9, Sched. F, s. 1 (2). Short-term exemptions (12) Subsection (11) does not apply to a decision to grant an exemption that expires less than 60 days after it is granted.  2001, c. 9, Sched. F, s. 1 (2). Stay (13) An appeal does not stay the decision of the panel pending the determination of the appeal.  2001, c. 9, Sched. F, s. 1 (2). Powers of Board (14) After considering the appeal, the Board may make an order, (a) dismissing the appeal; or (b) if the Board finds that the decision of the panel is inconsistent with the purposes of this Act, (i) referring the application for the exemption back to the panel for further consideration, (ii) revoking or amending the decision of the panel, or (iii) making any decision that the panel could have made.  2001, c. 9, Sched. F, s. 1 (2). Removal of exemption (15) If the board of directors proposes to remove an exemption, subsections (2), (3), (4), (6), (9), (10), (11), (13) and (14) apply, with necessary modifications, and subsection (16) applies without modification.  2004, c. 23, Sched. A, s. 46 (5). Appeal of removal of exemption (16) If a decision is made to remove an exemption, the only person who may appeal under subsection (11) is the person in whose favour the exemption was granted.  2001, c. 9, Sched. F, s. 1 (2). Previous exemptions (17) An exemption from a provision of the market rules that was granted by the IESO before the day this subsection came into force in respect of a metering installation that was in service before April 17, 2000 or in respect of which the major components were ordered or procured before or within 30 days following April 17, 2000 shall be deemed to have been authorized by law and shall continue until it expires pursuant to its terms or until it is removed under subsection (15).  2001, c. 9, Sched. F, s. 1 (2); 2004, c. 23, Sched. A, s. 46 (6). Rules (18) The IESO’s directors may make rules governing the practice and procedure before panels of directors under this section.  2004, c. 23, Sched. A, s. 46 (7). Report (19) The IESO shall, not later than May 1, 2007, submit a report to the Minister on the need for and operation of this section.  2004, c. 23, Sched. A, s. 46 (8). Extension (20) The Lieutenant Governor in Council may, before May 1, 2007, extend by not more than six months the date by which the report referred to in subsection (19) must be submitted.  2004, c. 23, Sched. A, s. 46 (8). Tabling of report (21) The Minister shall submit the report to the Lieutenant Governor in Council and shall then table the report in the Assembly.  2001, c. 9, Sched. F, s. 1 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 1 (2) - 08/08/2001 2004, c. 23, Sched. A, s. 46 (1-8) - 01/01/2005 Limitation Period