PART III THE ELECTRICITY MARKETS
Urgent amendments
34 (1) Section 33 does not apply if the IESO files a statement with the Board indicating that, in its opinion, an amendment to the market rules is urgently required for one or more of the following reasons: 1. To avoid, reduce the risk of or mitigate the effects of conditions that affect the ability of the integrated power system to function normally. 2. To avoid, reduce the risk of or mitigate the effects of the abuse of market power. 3. To implement standards or criteria of a standards authority. 4. To avoid, reduce the risk of or mitigate the effects of an unintended adverse effect of a market rule. 5. A reason prescribed by the regulations.  1998, c. 15, Sched. A, s. 34 (1); 2002, c. 23, s. 3 (14); 2004, c. 23, Sched. A, s. 43 (1). Publication of urgent amendment (2) The IESO shall publish the amendment in accordance with the market rules at the same time or as soon as reasonably possible after the statement referred to in subsection (1) is filed.  1998, c. 15, Sched. A, s. 34 (2); 2004, c. 23, Sched. A, s. 43 (2). Notice to the Board (2.1) The IESO shall give the Board a copy of the amendment and such other information as may be prescribed by the regulations on or before the date the IESO publishes the amendment under subsection (2).  2004, c. 23, Sched. A, s. 43 (3). Board’s power to revoke (2.2) Despite section 4.1 of the Statutory Powers Procedure Act and section 35.1 of this Act, the Board may, not later than 15 days after the amendment is published under subsection (2) and without holding a hearing, revoke the amendment on a date specified by the Board and refer the amendment back to the IESO for further consideration.  2004, c. 23, Sched. A, s. 43 (3). Review by Board (3) On application by a person who is directly affected by the amendment, the Board shall review the amendment.  1998, c. 15, Sched. A, s. 34 (3); 2002, c. 23, s. 3 (17). Time for application (4) The application must be filed within 21 days after the amendment is published under subsection (2).  1998, c. 15, Sched. A, s. 34 (4). Effect of revocation by Board (4.1) If the Board revokes the amendment under subsection (2.2), (a) subsection (3) ceases to apply to the amendment; and (b) the Board shall not proceed with any review that arises from an application that was made under subsection (3) before it revoked the amendment.  2009, c. 33, Sched. 14, s. 2 (5). Stay of amendment (5) An application under this section does not stay the operation of the amendment pending the completion of the review.  1998, c. 15, Sched. A, s. 34 (5). Referral back to IMO (6) If, on completion of its review, the Board finds that the amendment is inconsistent with the purposes of this Act or unjustly discriminates against or in favour of a market participant or class of market participants, the Board, (a) shall make an order referring the amendment back to the IESO for further consideration; and (b) may make an order revoking the amendment on a date specified by the Board.  1998, c. 15, Sched. A, s. 34 (6); 2004, c. 23, Sched. A, s. 43 (4). Section Amendments with date in force (d/m/y) 2002, c. 23, s. 3 (14, 15, 17, 18)
- 09/12/2002; 2002, c. 23, s. 3 (16)
- no effect - see 2004, c. 23, Sched. A, s. 43 (3) - 01/01/2005; 2002, c. 23, s. 3 (19)
- no effect - see 2009, c. 33, Sched. 14, s. 3 - 15/12/2009 2004, c. 23, Sched. A, s. 43 (1-4) - 01/01/2005 2009, c. 33, Sched. 14, s. 2 (5) - 15/12/2009; 2009, c. 33, Sched. 14, s. 2 (6) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2019