hordruma/ontario_laws_and_regs huggingface dataset:
PART IV.2 THE SMART METERING ENTITY
Obligations of distributors, etc., re: installing meters
53.16 (1) When a distributor or any person licensed by the Board to do so installs a smart meter, metering equipment, systems and technology and any associated equipment, systems and technologies or replaces an existing meter, the distributor or person shall use a meter, metering equipment, systems and technology and associated equipment, systems and technologies of a type, class or kind prescribed by regulation or that meets the criteria or requirements prescribed by regulation or mandated by a code issued by the Board or by an order of the Board for the classes of property or classes of consumers prescribed by regulation or required by the Board.  2006, c. 3, Sched. B, s. 2. Same (2) A regulation, code or order referred to in subsection (1) may require that a distributor or other person take certain actions and may require that the actions be taken within a specified time.  2006, c. 3, Sched. B, s. 2. Exclusive authority of Board (3) A regulation referred to in subsection (1) may provide the Board with exclusive authority to approve or authorize the meters, the metering equipment, systems and technology and associated equipment, systems and technologies after a prescribed date.  2006, c. 3, Sched. B, s. 2. Obligations of distributors, etc., re: procurement, contracts or arrangements (4) When a distributor or any person licensed by the Board to conduct the activities referred to in subsection (1) enters into a procurement process, contract or arrangement in relation to the smart metering initiative, the procurement process, contract or arrangement shall meet the criteria or requirements prescribed by regulation or mandated by a code issued by the Board or by an order of the Board.  2006, c. 3, Sched. B, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 3, Sched. B, s. 2 - 03/05/2006 53.17 Repealed:  2010, c. 8, s. 37 (7). Section Amendments with date in force (d/m/y) 2006, c. 3, Sched. B, s. 2 - 03/05/2006 2010, c. 8, s. 37 (7)
- 01/01/2011
PART IV.2 THE SMART METERING ENTITY
Prohibition re: discretionary metering activities
53.18 (1) On and after November 3, 2005, no distributor shall conduct discretionary metering activities unless the distributor is authorized to conduct the activity by this Act, a regulation, the Energy Consumer Protection Act, 2010, an order of the Board or a code issued by the Board or it is required to do so under the Electricity and Gas Inspection Act (Canada).  2006, c. 3, Sched. B, s. 2; 2010, c. 8, s. 37 (8). Definition (2) For the purpose of this section, “discretionary metering activity” means the installation, removal, replacement or repair of meters, metering equipment, systems and technology and any associated equipment, systems and technologies which is not mandated by the
Electricity and Gas Inspection Act (Canada), by regulation, by an order of the Board or by a code issued by the Board or authorized by a regulation made under this Act.  2006, c. 3, Sched. B, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 3, Sched. B, s. 2 - 03/05/2006 2010, c. 8, s. 37 (8)
- 01/01/2011
PART IV.2 THE SMART METERING ENTITY
Procurement contracts, transition
53.19 (1) The Minister may direct the Smart Metering Entity to assume, as of the date the Minister considers appropriate, responsibility for exercising all powers and performing all duties of the Crown, including powers and duties to be exercised and performed through an agency of the Crown, (a) under any request for proposals, draft request for proposals, another form of procurement solicitation issued by the Crown or through an agency of the Crown or any other initiative pursued by the Crown or through an agency of the Crown, which relate to the government’s smart metering initiative that was issued or pursued after November 3, 2005 and before January 1, 2008; and (b) under any contract that relates to a procurement that was entered into by the Crown or an agency of the Crown pursuant to a request for proposal, a draft request for proposal or another form of procurement solicitation referred to in clause (a).  2006, c. 3, Sched. B, s. 2. Release of the Crown, etc. (2) As of the day specified in the Minister’s direction under subsection (1), the Smart Metering Entity shall assume responsibility in accordance with that subsection and the Crown and any Crown agency are released from any and all liabilities and obligations with respect to the matters for which the Smart Metering Entity has assumed responsibility.  2006, c. 3, Sched. B, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 3, Sched. B, s. 2 - 03/05/2006
PART IV.2 THE SMART METERING ENTITY
Reimbursement of costs incurred by the Crown 
53.20 (1) The Smart Metering Entity shall reimburse the Crown or, if so directed by the Minister, an agency of the Crown for costs relating to the Smart Metering Entity, a procurement contract or a matter within the objects of the Smart Metering Entity, if, (a) the costs were incurred by the Crown or an agency of the Crown after November 3, 2005 and before January 1, 2008; or (b) the liability of the Crown or an agency of the Crown for the costs arose during the period described in clause (a).  2006, c. 3, Sched. B, s. 2. Payment of reimbursement (2) The Smart Metering Entity shall make the reimbursement by making one or more payments in such amount or amounts at such time or times as may be determined by the Minister.  2006, c. 3, Sched. B, s. 2. Minister’s determinations final (3) The determinations of the Minister under subsection (2) are final and conclusive and shall not be stayed, varied or set aside by any court.  2006, c. 3, Sched. B, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 3, Sched. B, s. 2 - 03/05/2006
PART V THE FINANCIAL CORPORATION
Ontario Hydro Financial Corporation
54 (1) Ontario Hydro is continued as a corporation without share capital under the name Ontario Hydro Financial Corporation in English and Société financière Ontario Hydro in French.  1998, c. 15, Sched. A, s. 54 (1). 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. Regulations (2) The Lieutenant Governor in Council may make regulations changing the name of the Financial Corporation.  1998, c. 15, Sched. A, s. 54 (2). Same (3) Despite subsection 2 (3) but subject to the regulations, if a regulation is made changing the name of the Financial Corporation, a reference in this or any other Act or in the regulations made under this or any other Act to Ontario Hydro or to the Financial Corporation shall be deemed to be a reference to the new name, unless the context requires otherwise.  1998, c. 15, Sched. A, s. 54 (3). Rights to Ontario Hydro name (4) Despite subsections (1) and (2) but subject to any transfer order made under Part X, the Financial Corporation retains all rights to the name Ontario Hydro.  1998, c. 15, Sched. A, s. 54 (4). Composition (5) The Financial Corporation is composed of those persons who, from time to time, comprise its board of directors.  1998, c. 15, Sched. A, s. 54 (5).
PART V THE FINANCIAL CORPORATION
Objects and character
55 (1) The objects of the Financial Corporation include, in addition to any other objects, (a) managing its debt; (b) receiving payments made to the Financial Corporation under this Act or pursuant to any other authority; (c) administering assets, liabilities, rights and obligations of the Financial Corporation and disposing or otherwise dealing with them as it considers appropriate or as the Minister of Finance directs under section 74; (d) exercising and performing powers and duties under Part VII; (e) effecting financings, including establishing trusts, corporations, partnerships or other entities for that purpose; and (f) such other objects as may be specified by the Lieutenant Governor in Council.  1998, c. 15, Sched. A, s. 55 (1); 2002, c. 1, Sched. A, s. 12 (1). Managing debt (2) For the purpose of this section, managing the Financial Corporation’s debt includes, (a) servicing and retiring debt; (b) borrowing, including refinancing, renewing or replacing debt; (c) investing funds; and (d) managing financial assets, financial liabilities and financial risks.  1998, c. 15, Sched. A, s. 55 (2). Capacity (3) The Financial Corporation has the capacity and the rights, powers and privileges of a natural person.  1998, c. 15, Sched. A, s. 55 (3); 2002, c. 1, Sched. A, s. 12 (2). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 12 (1, 2) - 27/06/2002
PART V THE FINANCIAL CORPORATION
Crown agent
56 The Financial Corporation is an agent of Her Majesty for all purposes.  1998, c. 15, Sched. A, s. 56. 57 Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011
PART V THE FINANCIAL CORPORATION
Board of directors
58 (1) The Financial Corporation’s board of directors shall manage or supervise the management of the Corporation’s business and affairs.  1998, c. 15, Sched. A, s. 58 (1). Composition (2) The board of directors shall be composed of at least two and not more than 12 directors appointed by the Lieutenant Governor in Council on the recommendation of the Minister of Finance.  1998, c. 15, Sched. A, s. 58 (2). Term of office (3) A director shall hold office at pleasure for a term not exceeding three years and may be reappointed for successive terms not exceeding three years each.  1998, c. 15, Sched. A, s. 58 (3). Chair (4) The Lieutenant Governor in Council, on the recommendation of the Minister of Finance, shall designate one of the directors as the chair of the board of directors.  1998, c. 15, Sched. A, s. 58 (4). Vice-chairs (5) The Lieutenant Governor in Council, on the recommendation of the Minister of Finance, may designate one or more of the directors as a vice-chair of the board of directors.  1998, c. 15, Sched. A, s. 58 (5). Powers and duties of vice-chair (6) If the office of chair is vacant or if the chair is absent or unable to act, a vice-chair shall exercise the powers and perform the duties of the chair.  1998, c. 15, Sched. A, s. 58 (6). Former directors cease to hold office (7) A person who was a member of the board of directors immediately before subsection (2) comes into force ceases to be a member of the board of directors when subsection (2) comes into force, but nothing in this subsection prevents the person from being reappointed.  1998, c. 15, Sched. A, s. 58 (7).
PART V THE FINANCIAL CORPORATION
Delegation
60 (1) Subject to its by-laws, the board of directors of the Financial Corporation may delegate any of its powers or duties to a committee of the board or to any one or more of the directors, subject to such conditions and restrictions as may be specified by the board of directors.  1998, c. 15, Sched. A, s. 60 (1). Exceptions (2) Subsection (1) does not permit the board of directors to delegate its power to make by-laws or to approve the financial statements or annual report of the Financial Corporation.  1998, c. 15, Sched. A, s. 60 (2).
PART V THE FINANCIAL CORPORATION
By-laws
61 (1) The board of directors of the Financial Corporation may make by-laws regulating the business and affairs of the Corporation.  1998, c. 15, Sched. A, s. 61 (1). Approval (2) A by-law is not effective unless it has been approved in writing by the Minister of Finance.  1998, c. 15, Sched. A, s. 61 (2). Investment powers (3) The power of the Financial Corporation to borrow, invest funds and manage financial risks may only be exercised under the authority of a by-law.  1998, c. 15, Sched. A, s. 61 (3). Legislation Act, 2006, Part III (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to by-laws made under this section.  1998, c. 15, Sched. A, s. 61 (4); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
PART V THE FINANCIAL CORPORATION
Special purpose account
63 (1) If the Lieutenant Governor in Council authorizes Her Majesty in right of Ontario to assume obligations under clause 122 (1) (a), the Minister of Finance shall establish a special purpose account in the Consolidated Revenue Fund for the purposes of this section.  1998, c. 15, Sched. A, s. 63 (1). Dividends (2) Dividends paid to Her Majesty in right of Ontario in respect of shares of Hydro One Inc. and Ontario Power Generation Inc. shall be paid into the account, less any amount that the Minister of Finance considers is required to pay obligations assumed by Her Majesty under clause 122 (1) (a).  1998, c. 15, Sched. A, s. 63 (2); 2002, c. 1, Sched. A, s. 13. Payment to Financial Corporation (3) Money paid into the account shall be paid out, at such times as the Minister of Finance may direct, to the Financial Corporation.  1998, c. 15, Sched. A, s. 63 (3). Closure of account (4) Before this Part is repealed under section 84.1, the special purpose account shall be closed and any money remaining in the special purpose account shall be paid out to the Financial Corporation.  1998, c. 15, Sched. A, s. 63 (4); 2000, c. 42, s. 22. Section Amendments with date in force (d/m/y) 2000, c. 42, s. 22
- 21/12/2000 2002, c. 1, Sched. A, s. 13 - 27/06/2002 64 Repealed:  2002, c. 1, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 14 - 27/06/2002
PART V THE FINANCIAL CORPORATION
Authorization to borrow
66 (1) The Lieutenant Governor in Council may by order authorize the Financial Corporation to borrow such sums of money as the Corporation considers necessary for the purpose of carrying out its objects.  1998, c. 15, Sched. A, s. 66 (1). Methods of borrowing (2) The Financial Corporation may exercise the authority referred to in subsection (1) by the issuance of notes, bonds, debentures, deposit receipts, securities or other evidences of indebtedness, by giving short term security, by loan agreement or in any other manner approved by the Lieutenant Governor in Council.  1998, c. 15, Sched. A, s. 66 (2). Approval by Minister of Finance (3) The Lieutenant Governor in Council may authorize the Minister of Finance to approve the terms and conditions of the exercise by the Financial Corporation of the authority referred to in subsection (1), subject to the maximum principal amount and to any other terms and conditions that are specified by the Lieutenant Governor in Council.  1998, c. 15, Sched. A, s. 66 (3). Short term securities (4) If an order of the Lieutenant Governor in Council under subsection (1) expressly refers to this subsection and authorizes the Financial Corporation to borrow a maximum principal amount of money by the issue and sale of short term securities during a specified period not exceeding 25 years, the following terms and conditions apply: 1. Throughout the specified period, the Financial Corporation may issue, reissue, renew or replace securities issued under the order during the period if the maximum aggregate principal amount of the securities issued under the order and outstanding from time to time does not at any time exceed the maximum principal amount specified in the order. 2. Every security issued under the authority of the order shall bear a date of maturity not later than five years from its date of issue.  1998, c. 15, Sched. A, s. 66 (4). Loans (5) If an order of the Lieutenant Governor in Council under subsection (1) expressly refers to this subsection and authorizes the Financial Corporation to borrow a maximum principal amount of money for a period not exceeding five years from any bank, corporation, government, person or authority, the Financial Corporation may borrow from time to time such sums not exceeding at any one time the maximum principal amount specified by the Lieutenant Governor in Council.  1998, c. 15, Sched. A, s. 66 (5). Application (6) This section does not apply to money borrowed by the Financial Corporation pursuant to section 67 or 68.  1998, c. 15, Sched. A, s. 66 (6).
PART V THE FINANCIAL CORPORATION
Province may purchase securities, etc.
67 (1) The Lieutenant Governor in Council may by order authorize the Minister of Finance to purchase securities of or make loans to the Financial Corporation at such times and on such terms and conditions as the Minister may determine, subject to, (a) the maximum principal amount specified by the Lieutenant Governor in Council that may be purchased or advanced or that may be outstanding at any time; and (b) any other terms and conditions that are specified by the Lieutenant Governor in Council.  1998, c. 15, Sched. A, s. 67 (1). Payment from C.R.F. (2) The Minister of Finance may pay out of the Consolidated Revenue Fund any amount required for the purposes of subsection (1).  1998, c. 15, Sched. A, s. 67 (2).
PART V THE FINANCIAL CORPORATION
Province may raise funds
68 The Lieutenant Governor in Council may raise by way of loan in the manner provided by the Financial Administration Act such sums as the Lieutenant Governor in Council considers necessary for the purposes of the Financial Corporation, and the sums so raised shall be used to make advances to the Corporation by way of loan or to purchase securities issued by the Corporation on such terms and conditions as the Minister of Finance may determine.  1998, c. 15, Sched. A, s. 68.
PART V THE FINANCIAL CORPORATION
Guarantee and indemnity
69 (1) The Lieutenant Governor in Council may by order authorize the Minister of Finance, on behalf of Ontario, to agree to guarantee or indemnify, (a) any debts, obligations, securities or undertakings of the Financial Corporation or a subsidiary of the Financial Corporation; or (b) any debts, obligations, costs or undertakings of any other person arising in connection with a guarantee or indemnity given under clause (a).  1998, c. 15, Sched. A, s. 69 (1). Terms and conditions (2) In respect of a guarantee or indemnity authorized under subsection (1), the Lieutenant Governor in Council may fix such terms and conditions as are considered advisable or may authorize the Minister of Finance, subject to any maximum liability specified for the guarantee or indemnity by the Lieutenant Governor in Council, to determine the terms, conditions and amount on which the guarantee or indemnity will be given.  1998, c. 15, Sched. A, s. 69 (2).
PART V THE FINANCIAL CORPORATION
Delegation, order under ss. 66 to 69
70 In an order under section 66, 67, 68 or 69, the Lieutenant Governor in Council may delegate to an officer or employee of the Crown or an agency of the Crown or to a solicitor engaged to act for the Minister of Finance, any or all of the powers of the Minister of Finance under that section.  1998, c. 15, Sched. A, s. 70.
PART V THE FINANCIAL CORPORATION
Fees payable to Minister of Finance
71 (1) The Financial Corporation shall pay to the Minister of Finance such fees as are prescribed by the regulations, (a) in respect of securities purchased and sums loaned under section 67; (b) in respect of sums advanced or securities purchased under section 68; and (c) in respect of guarantees and indemnities given under section 69.  1998, c. 15, Sched. A, s. 71 (1). Application (2) Subsection (1) applies in respect of sums advanced or applied and guarantees and indemnities given before or after the coming into force of this section.  1998, c. 15, Sched. A, s. 71 (2).
PART V THE FINANCIAL CORPORATION
Subsidiaries
72 (1) The Financial Corporation may establish a subsidiary in Ontario or elsewhere only with the approval of the Minister of Finance.  1998, c. 15, Sched. A, s. 72 (1). Subsidiary may act otherwise than as agent of Crown (2) A subsidiary of the Financial Corporation may declare in writing in any of its contracts, securities or instruments that it is not acting as an agent of Her Majesty for the purposes of the contract, security or instrument.  1998, c. 15, Sched. A, s. 72 (2). Same (3) If a subsidiary makes a declaration in accordance with subsection (2), it shall be deemed not to be an agent of Her Majesty for the purposes of the contract, security or instrument and Her Majesty is not liable for any liability or obligation of the subsidiary under the contract, security or instrument.  1998, c. 15, Sched. A, s. 72 (3).
PART V THE FINANCIAL CORPORATION
Directives
74 (1) The Minister of Finance may issue directives in writing to the Financial Corporation or any subsidiary of the Financial Corporation on matters relating to its exercise of powers and duties.  1998, c. 15, Sched. A, s. 74 (1). Implementation (2) The board of directors of the Financial Corporation or subsidiary shall ensure that directives under this section are implemented promptly and efficiently.  1998, c. 15, Sched. A, s. 74 (2). Supervision (3) A directive may, without limiting the generality of subsection (1), provide for the supervision, management and operation of the whole or any part of the business and affairs of the Financial Corporation or subsidiary by the Ontario Financing Authority or such other agency of the Crown as may be specified in the directive and may restrict, in whole or in part, the powers of the directors of the Financial Corporation or subsidiary to manage or supervise the management of the business and affairs of the Financial Corporation or subsidiary.  1998, c. 15, Sched. A, s. 74 (3). Same (4) An agency of the Crown specified in a directive referred to in subsection (3) has all the rights, powers, duties and liabilities of the board of directors of the Financial Corporation or subsidiary to the extent that the directive restricts the powers of the board of directors to manage or supervise the management of the business and affairs of the Financial Corporation or subsidiary and the directors of the Financial Corporation or subsidiary are relieved of their duties and liabilities to the same extent.  1998, c. 15, Sched. A, s. 74 (4). Same (5) Without limiting the powers and capacities of the Ontario Financing Authority, its objects shall include any activities described in a directive applicable to it under subsection (3).  1998, c. 15, Sched. A, s. 74 (5). Subsidiaries (6) Subsection (1) does not apply in respect of a contract, security or instrument with respect to which a subsidiary of the Financial Corporation has made a declaration in accordance with subsection 72 (2).  1998, c. 15, Sched. A, s. 74 (6).
PART V THE FINANCIAL CORPORATION
Employees
76 (1) Without limiting the power of the Financial Corporation to hire employees, such employees as are considered necessary for the proper conduct of the Corporation may be appointed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 35, Sched. C, s. 31 (1). (2) Repealed:  2006, c. 35, Sched. C, s. 31 (1). Agreements to provide services (3) Any minister of the Crown may enter into agreements with the Financial Corporation for the provision by employees of the Crown or any agency of the Crown of any service required by the Corporation.  1998, c. 15, Sched. A, s. 76 (3). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 31 (1) - 20/08/2007