hordruma/ontario_laws_and_regs huggingface dataset:
PART II THE BOARD
Fees and access to licences
12 (1)-(3) Repealed:  2003, c. 3, s. 16. Inspection (4) The Board shall make all licences available for public inspection during normal business hours. 1998, c. 15, Sched. B, s. 12 (4). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 16 - 01/08/2003
PART II THE BOARD
Fees
12.1 (1) The chief executive officer may set and charge fees for copies of Board orders, decisions, reasons, reports, recordings or other documents or things, including documents certified by a commissioner or the registrar of the Board. 2019, c. 6, Sched. 2, s. 14 (1). Application and other fees (2) The board of directors may set and charge licence fees, application fees and other fees relating to an application or appeal to the Board. 2003, c. 3, s. 17; 2019, c. 6, Sched. 2, s. 14 (2). Classes (3) The board of directors may establish different fees for different classes of persons and for different types of proceedings and types of licences. 2003, c. 3, s. 17; 2019, c. 6, Sched. 2, s. 14 (2). Mandatory fees re gas marketers and retailers of electricity (4) The board of directors shall, as of the time or times prescribed by regulation, set and charge fees for the licensing of gas marketers under section 48 and retailers of electricity under section 57. 2010, c. 8, s. 38 (2); 2019, c. 6, Sched. 2, s. 14 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 17 - 01/08/2003 2010, c. 8, s. 38 (2) - 01/01/2011 2019, c. 6, Sched. 2, s. 14 (1, 2) - 01/10/2020
PART II THE BOARD
Forms
13 The chief executive officer may, (a)  establish forms and require their use in connection with any matter relating to the Board; or (b)  approve forms or the content of the forms and require that any application, appeal or information submitted to the Board be in the approved form. 2003, c. 3, s. 18; 2019, c. 6, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 18 - 01/08/2003 2019, c. 6, Sched. 2, s. 15 - 01/10/2020
PART II THE BOARD
Orders and licences
15 (1) All orders made and licences issued by the Board shall be signed by a commissioner or the registrar of the Board. 2003, c. 3, s. 19; 2019, c. 6, Sched. 2, s. 16 (1). Same (2) Despite subsection (1), an order made or licence issued by the Board pursuant to section 6 may be signed by the employee who made the order or issued the licence. 2003, c. 3, s. 19. Judicial notice (3) An order or licence that purports to be signed by a person referred to in subsection (1) or (2) shall be judicially noticed without further proof. 2003, c. 3, s. 19. Legislation Act, 2006, Part III (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to the orders made or licences issued by the Board. 2003, c. 3, s. 19; 2006, c. 21, Sched. F, s. 136 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15 (4) of the Act is repealed. (See: 2019, c. 6, Sched. 2, s. 16 (2)) Section Amendments with date in force (d/m/y) 2003, c. 3, s. 19 - 01/08/2003 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2019, c. 6, Sched. 2, s. 16 (1) - 01/10/2020; 2019, c. 6, Sched. 2, s. 16 (2) - not in force 16 Repealed:  2003, c. 3, s. 19. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 19 - 01/08/2003 17 Repealed:  2003, c. 3, s. 19. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (1) - 06/12/2000 2002, c. 1, Sched. B, s. 2 (1, 2) - 01/07/2002 2003, c. 3, s. 19 - 01/08/2003
PART II THE BOARD
Transfer of authority or licence
18 (1) No authority given by the Board under this or any other Act shall be transferred or assigned without leave of the Board. 1998, c. 15, Sched. B, s. 18 (1). Same (2) A licence issued under this Act is not transferable or assignable without leave of the Board. 1998, c. 15, Sched. B, s. 18 (2). Board’s powers, general
PART II THE BOARD
Power to determine law and fact
19 (1) The Board has in all matters within its jurisdiction authority to hear and determine all questions of law and of fact. 1998, c. 15, Sched. B, s. 19 (1). Order (2) The Board shall make any determination in a proceeding by order. 1998, c. 15, Sched. B, s. 19 (2); 2001, c. 9, Sched. F, s. 2 (1). Reference (3) If a proceeding before the Board is commenced by a reference to the Board by the Minister of Natural Resources, the Board shall proceed in accordance with the reference. 1998, c. 15, Sched. B, s. 19 (3). Additional powers and duties (4) The Board of its own motion may, and if so directed by the Minister under section 28 or otherwise shall, determine any matter that under this Act or the regulations it may upon an application determine and in so doing the Board has and may exercise the same powers as upon an application. 1998, c. 15, Sched. B, s. 19 (4). Exception (5) Unless specifically provided otherwise, subsection (4) does not apply to any application under the Electricity Act, 1998 or any other Act. 1998, c. 15, Sched. B, s. 19 (5). Jurisdiction exclusive (6) The Board has exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred on it by this or any other Act. 1998, c. 15, Sched. B, s. 19 (6). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 2 (1) - 08/08/2001
PART II THE BOARD
Board’s powers, miscellaneous
21 (1) The Board may at any time on its own motion and without a hearing give directions or require the preparation of evidence incidental to the exercise of the powers conferred upon the Board by this or any other Act. 1998, c. 15, Sched. B, s. 21 (1). Hearing upon notice (2) Subject to any provision to the contrary under this or any other Act, the Board shall not make an order under this or any other Act until it has held a hearing after giving notice in such manner and to such persons as the Board may direct. 1998, c. 15, Sched. B, s. 21 (2); 2021, c. 2, Sched. 2, s. 1. (3) Repealed:  2000, c. 26, Sched. D, s. 2 (2). No hearing (4) Despite section 4.1 of the Statutory Powers Procedure Act, the Board may, in addition to its power under that section, dispose of a proceeding without a hearing if, (a)  no person requests a hearing within a reasonable time set by the Board after the Board gives notice of the right to request a hearing; or (b)  the Board determines that no person, other than the applicant, appellant or licence holder will be adversely affected in a material way by the outcome of the proceeding and the applicant, appellant or licence holder has consented to disposing of a proceeding without a hearing. (c)  Repealed:  2003, c. 3, s. 20 (1). 1998, c. 15, Sched. B, s. 21 (4); 2002, c. 1, Sched. B, s. 3; 2003, c. 3, s. 20 (1). Consolidation of proceedings (5) Despite subsection 9.1 (1) of the Statutory Powers Procedure Act, the Board may combine two or more proceedings or any part of them, or hear two or more proceedings at the same time, without the consent of the parties. 2003, c. 3, s. 20 (2). Non-application (6) Subsection 9.1 (3) of the Statutory Powers Procedure Act does not apply to proceedings before the Board. 1998, c. 15, Sched. B, s. 21 (6). Use of same evidence (6.1) Despite subsection 9.1 (5) of the Statutory Powers Procedure Act, the Board may treat evidence that is admitted in a proceeding as if it were also admitted in another proceeding that is heard at the same time, without the consent of the parties to the second-named proceeding. 2003, c. 3, s. 20 (3). Interim orders (7) The Board may make interim orders pending the final disposition of a matter before it. 1998, c. 15, Sched. B, s. 21 (7). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (2) - 06/12/2000 2002, c. 1, Sched. B, s. 3 - 27/06/2002 2003, c. 3, s. 20 (1-3) - 01/08/2003 2021, c. 2, Sched. 2, s. 1 - 12/04/2021
PART II THE BOARD
Liquidators, etc.
21.1 (1) None of the following prevent the exercise by the Board of any jurisdiction conferred by this or any other Act with respect to a regulated utility: 1.  The fact that a liquidator, receiver, manager or other official of the regulated utility has been appointed by a court in Ontario. 2.  The fact that a writ of sequestration has been issued in Ontario with respect to the regulated utility. 3.  The fact that a person is managing or operating the regulated utility under the authority of a court in Ontario.  2017, c. 2, Sched. 10, s. 2 (2). Obligations of liquidators, etc. (2) A regulated utility interim official shall manage and operate the regulated utility in accordance with, (a)  this Act; (b)  any other Act, to the extent that it confers jurisdiction on the Board; (c)  any applicable licence, order or direction issued by the Board under this Act or an Act referred to in clause (b); (d)  any applicable rule made under section 44 or code issued under section 70.1; and (e)  any applicable assurance of voluntary compliance given to the Board under section 112.7.  2017, c. 2, Sched. 10, s. 2 (2). Must obey Board (3) A regulated utility interim official, and any person acting under a regulated utility interim official, shall obey all orders of the Board within its jurisdiction in respect of the regulated utility, and the Board may enforce its orders against the official or person even though the official or person is appointed by, or acts under the authority of, a court.  2017, c. 2, Sched. 10, s. 2 (2). Definitions (4) In this section, “regulated utility” means, (a)  a gas distributor, gas transmitter or storage company whose rates are approved or fixed by the Board under section 36, and (b)  a distributor or transmitter whose rates are approved or fixed by the Board under section 78; (“service public réglementé”) “regulated utility interim official” means, (a)  a liquidator, receiver, manager or other official of a regulated utility who has been appointed by a court in Ontario, (b)  a person acting in respect of a regulated utility under the authority of a writ of sequestration that has been issued in Ontario, or (c)  a person who is managing or operating a regulated utility under the authority of a court in Ontario. (“agent intérimaire d’un service public réglementé”)  2017, c. 2, Sched. 10, s. 2 (2). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 10, s. 2 (2) - 22/03/2017 22 Repealed: 2021, c. 4, Sched. 6, s. 73 (1). Section Amendments with date in force (d/m/y) 2019, c. 6, Sched. 2, s. 17 (1, 2) - 01/10/2020 2021, c. 4, Sched. 6, s. 73 (1) - 01/06/2021
PART II THE BOARD
Final decision
22.1 (1) The Board shall issue an order that embodies its final decision in a proceeding within 60 days after making the final decision. 2003, c. 3, s. 21. Validity of decision not affected (2) Failure to comply with subsection (1) does not affect the validity of the Board’s decision. 2003, c. 3, s. 21. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 21 - 01/08/2003
PART II THE BOARD
Conditions of orders
23 (1) The Board in making an order may impose such conditions as it considers proper, and an order may be general or particular in its application. 1998, c. 15, Sched. B, s. 23. (2) Repealed:  2003, c. 3, s. 22. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 4 - 27/06/2002 2003, c. 3, s. 22 - 01/08/2003
PART II THE BOARD
Written reasons to be made available
24 All written reasons of the Board shall be kept by the registrar and be made available to any person upon payment of the required fee. 1998, c. 15, Sched. B, s. 24; 2003, c. 3, s. 23; 2019, c. 6, Sched. 2, s. 29. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 23 - 01/08/2003 2019, c. 6, Sched. 2, s. 29 - 01/10/2020
PART II THE BOARD
Assessment
26 (1) Subject to the regulations, the board of directors may assess those persons or classes of persons prescribed by regulation with respect to all expenses incurred and expenditures made by the Board in the exercise of any powers or duties under this or any other Act. 1998, c. 15, Sched. B, s. 26 (1) ; 2003, c. 3, s. 24; 2019, c. 6, Sched. 2, s. 28 (1). Obligation to pay assessment (2) Every person assessed under subsection (1) shall pay the amount assessed. 1998, c. 15, Sched. B, s. 26 (2). Order to pay assessment (3) If a person fails to pay an assessment made under subsection (1), the Board may, without a hearing, order that person to pay the assessment. 1998, c. 15, Sched. B, s. 26 (3). Failure to pay (4) If a licensee fails to pay an assessment in accordance with the order, the Board, without a hearing, may suspend or cancel that person’s licence. 1998, c. 15, Sched. B, s. 26 (4). Payment of full amount (5) The Board may reinstate the licence of a person whose licence was suspended or cancelled under subsection (4) if the person pays all amounts owing under this section. 1998, c. 15, Sched. B, s. 26 (5). Regulations (6) The Lieutenant Governor in Council may make regulations, (a)  prescribing persons or classes of persons liable to pay an assessment under subsection (1); (b)  prescribing the frequency of the assessments; (c)  respecting the manner in which an assessment under this section is carried out; (d)  prescribing the amount of the assessment or the method of calculating the amount; (e)  prescribing the proportion of the assessment for which each person or class of persons is liable or a method of determining the proportion; (f)  prescribing such other matters relating to the carrying out of an assessment as the Lieutenant Governor in Council considers appropriate. 1998, c. 15, Sched. B, s. 26 (6). Scope (7) A regulation under this section may be general or particular in its application. 1998, c. 15, Sched. B, s. 26 (7). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 24 - 01/08/2003 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020
PART II THE BOARD
Special purposes
26.2 (1) For the purpose of the Financial Administration Act, all amounts collected under section 26.1 relating to assessments paid shall be deemed to be money paid to Ontario for the special purposes set out in subsection (2). 2009, c. 12, Sched. D, s. 6. Same (2) The following are the special purposes for which amounts collected under section 26.1 relating to assessments are paid to Ontario: 1.  To fund conservation or renewable energy programs aimed at decreasing the consumption of two or more of the following fuels: i.  natural gas, ii.  electricity, iii.  propane, iv.  oil, v.  coal, and vi.  wood. 2.  To fund conservation or renewable energy programs aimed at causing consumers of fuel to change from one or more of the fuels listed in paragraph 1 to any other fuel or fuels listed in that paragraph. 3.  To fund conservation or renewable energy programs aimed at decreasing peak electricity demand, while increasing or decreasing the consumption of another type of fuel. 4.  To fund research and development or other engineering or scientific activities aimed at furthering the conservation or the efficient use of fuels. 5.  To fund conservation or renewable energy programs aimed at a specific geographical, social, income or other sector of Ontario. 6.  To reimburse the Province for expenditures it incurs for any of the above purposes. 2009, c. 12, Sched. D, s. 6. Special Purpose Conservation and Renewable Energy Fund (3) The Minister of Finance shall maintain in the Public Accounts an account to be known as the Ministry of Energy Special Purpose Conservation and Renewable Energy Fund in which shall be recorded all receipts and disbursements of public money under this section. 2009, c. 12, Sched. D, s. 6; 2011, c. 9, Sched. 27, s. 34 (3). Non-interest bearing account (4) The balances from time to time in the account do not bear interest. 2009, c. 12, Sched. D, s. 6. Interpretation (5) For the purposes of this section, the terms used in it that are not defined in this Act but that are defined in section 1 of the Financial Administration Act have the meanings provided in that Act. 2009, c. 12, Sched. D, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 6 - 01/03/2010 2011, c. 9, Sched. 27, s. 34 (3) - 06/06/2011
PART II THE BOARD
Policy directives
27 (1) The Minister may issue, and the Board shall implement, policy directives that have been approved by the Lieutenant Governor in Council concerning general policy and the objectives to be pursued by the Board. 1998, c. 15, Sched. B, s. 27 (1). Publication (2) A policy directive issued under this section shall be published in The Ontario Gazette. 1998, c. 15, Sched. B, s. 27 (2).
PART II THE BOARD
Conservation directives
27.1 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board to take steps specified in the directives to promote energy conservation, energy efficiency, load management or the use of cleaner energy sources, including alternative and renewable energy sources. 2002, c. 23, s. 4 (4). Publication (2) A directive issued under this section shall be published in The Ontario Gazette. 2002, c. 23, s. 4 (4). Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (4) - 09/12/2002
PART II THE BOARD
Directives re conservation and demand management targets
27.2 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board to take steps specified in the directive to establish conservation and demand management targets to be met by distributors and other licensees. 2009, c. 12, Sched. D, s. 7. Directives, specified targets (2) To promote conservation and demand management, a directive may require the Board to specify, as a condition of a licence, the conservation targets associated with those specified in the directive, and the targets shall be apportioned by the Board between distributors and other licensees in accordance with the directive. 2009, c. 12, Sched. D, s. 7. Same (3) A directive made under subsection (2) may require the IESO to provide information to the Board or to the Ministry about the conservation targets referred to in subsection (2) or the contracts referred to in subsection (5). 2009, c. 12, Sched. D, s. 7; 2014, c. 7, Sched. 23, s. 3 (1). Directives re distributors (4) Subject to subsection (7), a directive may require the Board to specify, as a condition of a licence, that a distributor may meet, at its discretion, any portion of its conservation target by seeking the approval of the Board for the conservation and demand management programs to be offered in its service area. 2009, c. 12, Sched. D, s. 7. Directives, contracting with the IESO (5) A directive may require the Board to specify, as a condition of a licence, that a distributor meet, at its discretion, any portion of its conservation target by contracting with the IESO to meet the target through province-wide programs offered by the IESO. 2014, c. 7, Sched. 23, s. 3 (2). Public reporting (6) To promote a culture of conservation and demand management, a directive may require the Board to specify, as a condition of a licence, that the licensee make public, by such means and at such time as specified in the directive, the steps that the licensee has taken to meet its targets and the results that have been achieved in meeting those targets. 2009, c. 12, Sched. D, s. 7. Hearings (7) A directive may specify whether the Board is to hold a hearing, the circumstances under which a hearing may or may not be held and, if a hearing is to be held, the type of hearing to be held. 2009, c. 12, Sched. D, s. 7. Publication (8) A directive issued under this section shall be published in The Ontario Gazette. 2009, c. 12, Sched. D, s. 7. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 7 - 09/09/2009 2014, c. 7, Sched. 23, s. 3 (1, 2) - 01/01/2015
PART II THE BOARD
Directives re: market rules, conditions
28 (1) In order to address the abuse or possible abuse of market power in the electricity sector, the Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council concerning market rules made under section 32 of the Electricity Act, 1998 and existing or proposed licence conditions. 1998, c. 15, Sched. B, s. 28 (1). Hearing (2) A directive issued under subsection (1) may require the Board to hold a hearing or not to hold a hearing. 1998, c. 15, Sched. B, s. 28 (2).
PART II THE BOARD
Licence condition directives
28.1 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board, in the manner specified in the directives, to amend conditions in licences issued by the Board that relate to the directive issued to the Board pursuant to an order of the Lieutenant Governor in Council that was dated March 24, 1999 and is available on request from the Minister. 2002, c. 23, s. 4 (5). No hearing (2) The Board shall amend the conditions as required by a directive without holding a hearing. 2002, c. 23, s. 4 (5). Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (5) - 09/12/2002
PART II THE BOARD
Directives re: commodity risk
28.2 The Minister may issue, and the Board shall implement, directives approved by the Lieutenant Governor in Council directing the Board to take such steps or develop such processes as may be required by the directive to address risks or liabilities associated with customer billing and payment cycles in respect of the cost of electricity at the retail and at the wholesale levels and risks or liabilities associated with non-payment or default by a consumer or retailer. 2004, c. 23, Sched. B, s. 7. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 7 - 20/12/2004
PART II THE BOARD
Directives re regulatory and accounting treatment of costs
28.4 The Minister may issue, and the Board shall implement, directives approved by the Lieutenant Governor in Council in respect of the regulatory and accounting treatment of costs in orders made under section 78 and associated with meters owned before January 1, 2006 to ensure that distributors, transmitters, retailers or other persons are not financially disadvantaged by the implementation of the smart metering initiative. 2006, c. 3, Sched. C, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 3, Sched. C, s. 2 - 03/05/2006
PART II THE BOARD
Directives, smart grid
28.5 (1) The Minister may issue, and the Board shall implement directives, approved by the Lieutenant Governor in Council, requiring the Board to take such steps as are specified in the directive relating to the establishment, implementation or promotion of a smart grid for Ontario. 2009, c. 12, Sched. D, s. 8. Hearings (2) A directive may specify whether the Board is to hold a hearing and the circumstances under which a hearing may or may not be held. 2009, c. 12, Sched. D, s. 8. Publication (3) A directive issued under this section shall be published in The Ontario Gazette. 2009, c. 12, Sched. D, s. 8. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 8 - 09/09/2009
PART II THE BOARD
Directives, connections
28.6 (1) The Minister may issue, and the Board shall implement directives, approved by the Lieutenant Governor in Council, requiring the Board to take such steps as are specified in the directive relating to the connection of renewable energy generation facilities to a transmitter’s transmission system or a distributor’s distribution system. 2009, c. 12, Sched. D, s. 8. Directives, transmission and distribution systems (2) A directive issued under subsection (1) may require the Board to amend the licence conditions of distributors, transmitters and other licensees to take the actions specified in the directive in relation to their transmission systems, distribution systems or other associated systems, including enhancing, re-enforcing or expanding their transmission systems, distribution systems or other associated systems. 2009, c. 12, Sched. D, s. 8; 2016, c. 10, Sched. 2, s. 13. Hearings (3) A directive may specify whether the Board is to hold a hearing and the circumstances under which a hearing may or may not be held. 2009, c. 12, Sched. D, s. 8. (4) Repealed: 2020, c. 36, Sched. 34, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 8 - 09/09/2009 2016, c. 10, Sched. 2, s. 13 - 01/07/2016 2020, c. 36, Sched. 34, s. 5 - 08/12/2020