hordruma/ontario_laws_and_regs huggingface dataset:
PART V.1 GAS MARKETERS AND RETAILERS OF ELECTRICITY — STANDARDS AND AUDITS
Licensing employees, etc.
88.2 (1) Where a regulation made under this Act so requires, the Board shall license the following persons and the regulation may specify conditions, criteria or requirements that must or may be included in a licence issued to the person: 1.  Employees of a gas marketer or retailer of electricity or members of classes of such employees prescribed by regulation. 2.  Employees of third parties acting on behalf of gas marketers or retailers of electricity or members of classes of such employees prescribed by regulation. 2010, c. 8, s. 38 (21). Processes, etc. (2) For the purposes of subsection (1), any process established by the Board to license the employees referred to in that subsection shall meet the criteria or requirements prescribed by regulation. 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2010, c. 8, s. 38 (21) - 01/01/2011
PART V.1 GAS MARKETERS AND RETAILERS OF ELECTRICITY — STANDARDS AND AUDITS
Powers of audit
88.3 (1) The Board may appoint a person who meets the criteria as may be prescribed by regulation to audit the compliance of a gas marketer or retailer of electricity or its agents or employees with the requirements of, (a)  any condition of a licence referred to in section 48 or 57; or (b)  an enforceable provision. 2010, c. 8, s. 38 (21). Time for audit (2) The Board may authorize the person appointed to audit compliance to conduct the audit at such time as the Board may require. 2010, c. 8, s. 38 (21). Audit, without notice (3) Where the Board authorizes a person to audit the compliance of a gas marketer or retailer of electricity, the Board may do so without notice to the gas marketer or retailer of electricity. 2010, c. 8, s. 38 (21). Audit, where notice provided (4) Despite subsection (3), where the Board does provide notice of the audit to the gas marketer or retailer of electricity, it shall do so in the manner prescribed by regulation and the notice shall include the information prescribed by regulation. 2010, c. 8, s. 38 (21). Examination of records, etc. (5) For the purposes of subsection (1), the person appointed may do or cause to be done any one or more of the following: 1.  Examining any record or copying any document or record, in any form, by any method. 2.  Requiring any document or record that is required to be kept under this Act to be provided, in any form, and requiring any other document or record related to the purposes of the audit to be provided, in any form. 3.  Examining documents relating to the training, education or professional credentials, certificates, accreditations or other designations of the employees, agents or third parties for the gas marketer or retailer of electricity, including determining which credentials, certificates, accreditations or other designations the employee, agent or third party has or has not received. 4.  Removing from a place documents or records, in any form, that are provided under paragraph 2 for the purpose of making copies. 5.  Making reasonable inquiries of any person, orally or in writing. 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2010, c. 8, s. 38 (21) - 01/01/2011
PART V.1 GAS MARKETERS AND RETAILERS OF ELECTRICITY — STANDARDS AND AUDITS
Regulations
88.4 The Lieutenant Governor in Council may make regulations governing all matters dealt with in this Part that are required or permitted to be prescribed by regulation or that are required or permitted to be done in accordance with the regulations. 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 57 (1, 2) - 01/08/2003 2010, c. 8, s. 38 (21) - 01/01/2011 88.5 Repealed:  2003, c. 3, s. 58. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 58 - 01/08/2003 88.6 Repealed:  2003, c. 3, s. 58. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 58 - 01/08/2003 88.7 Repealed:  2003, c. 3, s. 58. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 58 - 01/08/2003 88.8 Repealed:  2003, c. 3, s. 58. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 58 - 01/08/2003 88.9 Repealed:  2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 59 (1-4) - 01/08/2003 2010, c. 8, s. 38 (21) - 01/01/2011 88.9.1 Repealed:  2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched.B, s. 31 - 20/12/2004 2010, c. 8, s. 38 (21) - 01/01/2011 88.10 Repealed:  2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 60 - 01/08/2003 2010, c. 8, s. 38 (21) - 01/01/2011 88.11 Repealed:  2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2010, c. 8, s. 38 (21) - 01/01/2011 88.12 Repealed:  2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2010, c. 8, s. 38 (21) - 01/01/2011 88.13 Repealed:  2003, c. 3, s. 61. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 61 - 01/08/2003 88.14 Repealed:  2003, c. 3, s. 61. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 61 - 01/08/2003 PART VI   TRANSMISSION AND DISTRIBUTION LINES
PART VI TRANSMISSION AND DISTRIBUTION LINES
Definitions, Part VI
89 In this Part, “electricity distribution line” means a line, transformers, plant or equipment used for conveying electricity at voltages of 50 kilovolts or less; (“ligne de distribution d’électricité”) “electricity transmission line” means a line, transformers, plant or equipment used for conveying electricity at voltages higher than 50 kilovolts; (“ligne de transport d’électricité”) “hydrocarbon line” means a pipe line carrying any hydrocarbon, other than a pipe line within an oil refinery, oil or petroleum storage depot, chemical processing plant or pipe line terminal or station; (“ligne pour hydrocarbures”) “interconnection” means the plant, equipment and apparatus linking adjacent transmission or distribution systems as defined in Part V; (“interconnexion”) “work” means a hydrocarbon line, electricity distribution line, electricity transmission line, interconnection or station. (“ouvrage”)  1998, c. 15, Sched. B, s. 89; 2003, c. 3, s. 62. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 62 (1-3) - 01/08/2003
PART VI TRANSMISSION AND DISTRIBUTION LINES
Leave to construct hydrocarbon line
90 (1) No person shall construct a hydrocarbon line without first obtaining from the Board an order granting leave to construct the hydrocarbon line if, (a)  the proposed hydrocarbon line is more than 20 kilometres in length; (b)  the proposed hydrocarbon line is projected to cost more than the amount prescribed by the regulations; (c)  any part of the proposed hydrocarbon line, (i)  uses pipe that has a nominal pipe size of 12 inches or more, and (ii)  has an operating pressure of 2,000 kilopascals or more; or (d)  criteria prescribed by the regulations are met. 2003, c. 3, s. 63 (1). Exception (2) Subsection (1) does not apply to the relocation or reconstruction of a hydrocarbon line unless the size of the line is changed or unless the acquisition of additional land or authority to use additional land is necessary. 1998, c. 15, Sched. B, s. 90 (2); 2003, c. 3, s. 63 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 63 (1, 2) - 01/08/2003
PART VI TRANSMISSION AND DISTRIBUTION LINES
Application for leave to construct hydrocarbon line or station
91 Any person may, before constructing a hydrocarbon line to which section 90 does not apply or a station, apply to the Board for an order granting leave to construct the hydrocarbon line or station. 2003, c. 3, s. 64. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 64 - 01/08/2003
PART VI TRANSMISSION AND DISTRIBUTION LINES
Leave to construct, etc., electricity transmission or distribution line
92 (1) No person shall construct, expand or reinforce an electricity transmission line or an electricity distribution line or make an interconnection without first obtaining from the Board an order granting leave to construct, expand or reinforce such line or interconnection. 1998, c. 15, Sched. B, s. 92 (1). Exception (2) Subsection (1) does not apply to the relocation or reconstruction of an existing electricity transmission line or electricity distribution line or interconnection where no expansion or reinforcement is involved unless the acquisition of additional land or authority to use additional land is necessary. 1998, c. 15, Sched. B, s. 92 (2). 93 Repealed:  2003, c. 3, s. 65. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 65 - 01/08/2003
PART VI TRANSMISSION AND DISTRIBUTION LINES
Order allowing work to be carried out
96 (1) If, after considering an application under section 90, 91 or 92 the Board is of the opinion that the construction, expansion or reinforcement of the proposed work is in the public interest, it shall make an order granting leave to carry out the work. 1998, c. 15, Sched. B, s. 96. Applications under s. 92 (2) In an application under section 92, the Board shall only consider the following when, under subsection (1), it considers whether the construction, expansion or reinforcement of the electricity transmission line or electricity distribution line, or the making of the interconnection, is in the public interest: 1.  The interests of consumers with respect to prices and the reliability and quality of electricity service. 2.  Repealed: 2021, c. 25, Sched. 19, s. 2. 2009, c. 12, Sched. D, s. 16; 2021, c. 25, Sched. 19, s. 2. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 66 - 01/08/2003 2009, c. 12, Sched. D, s. 16 - 09/09/2009 2021, c. 25, Sched. 19, s. 2 - 03/06/2021
PART VI TRANSMISSION AND DISTRIBUTION LINES
Lieutenant Governor in Council, order re electricity transmission line
96.1 (1) The Lieutenant Governor in Council may make an order declaring that the construction, expansion or reinforcement of an electricity transmission line specified in the order is needed as a priority project. 2015, c. 29, s. 16. Effect of order (2) When it considers an application under section 92 in respect of the construction, expansion or reinforcement of an electricity transmission line specified in an order under subsection (1), the Board shall accept that the construction, expansion or reinforcement is needed when forming its opinion under section 96. 2015, c. 29, s. 16. Obligations must be followed (3) Nothing in this section relieves a person from the obligation to obtain leave of the Board for the construction, expansion or reinforcement of an electricity transmission line specified in an order under subsection (1). 2015, c. 29, s. 16. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 16 - 04/03/2016
PART VI TRANSMISSION AND DISTRIBUTION LINES
Condition, land-owner’s agreements
97 In an application under section 90, 91 or 92, leave to construct shall not be granted until the applicant satisfies the Board that it has offered or will offer to each owner of land affected by the approved route or location an agreement in a form approved by the Board. 1998, c. 15, Sched. B, s. 97.
PART VI TRANSMISSION AND DISTRIBUTION LINES
No leave if covered by licence 
97.1 (1) In an application under section 92, leave shall not be granted to a person if a licence issued under Part V that is held by another person includes an obligation to develop, construct, expand or reinforce the line, or make the interconnection, that is the subject of the application. 2016, c. 10, Sched. 2, s. 16. Transition (2) For greater certainty, an application made, but not determined, before the day section 16 of Schedule 2 to the Energy Statute Law Amendment Act, 2016 comes into force, is subject to subsection (1). 2016, c. 10, Sched. 2, s. 16. Section Amendments with date in force (d/m/y) 2016, c. 10, Sched. 2, s. 16 - 01/07/2016
PART VI TRANSMISSION AND DISTRIBUTION LINES
Leave in the procurement, selection context
97.2 (1) In an application under section 92, leave to construct, expand or reinforce an electricity transmission line or to make an interconnection shall not be granted to a person if, (a)  the IESO has commenced, been directed to commence, or announced a future procurement process for the development, construction, expansion or reinforcement of that line or for the making of that interconnection, and the procurement process has not yet been completed or otherwise terminated; (b)  the IESO has commenced, been directed to commence, or announced a future process to select a transmitter for the development, construction, expansion or reinforcement of that line or for the making of that interconnection, and the process has not yet been completed or otherwise terminated; (c)  the IESO has completed a procurement process for the development, construction, expansion or reinforcement of that line or for the making of that interconnection, and the person is someone other than the person with whom the IESO has entered into a procurement contract respecting the development, construction, expansion, reinforcement or interconnection; or (d)  the IESO has completed a process to select a transmitter for the development, construction, expansion or reinforcement of that line or for the making of that interconnection, and the person is someone other than the selected transmitter. 2016, c. 10, Sched. 2, s. 16. No hearing required (2) If the applicant in an application under section 92 is a person with whom the IESO has entered into a procurement contract respecting the development, construction, expansion, reinforcement of the line or the making of the interconnection, the Board may make an order under section 96 without holding a hearing. 2016, c. 10, Sched. 2, s. 16. Procurement contract (3) For the purposes of subsections (1) and (2), “procurement contract” has the same meaning as in the Electricity Act, 1998. 2016, c. 10, Sched. 2, s. 16. Transition (4) For greater certainty, an application made, but not determined, before the day section 16 of Schedule 2 to the Energy Statute Law Amendment Act, 2016 comes into force, is subject to subsections (1) and (2). 2016, c. 10, Sched. 2, s. 16. Section Amendments with date in force (d/m/y) 2016, c. 10, Sched. 2, s. 16 - 01/07/2016
PART VI TRANSMISSION AND DISTRIBUTION LINES
Procurement contracts re transmission systems
97.3 (1) In an application under section 92, the Board shall accept as valid and not inquire into the basis of, (a)  amounts payable under a procurement contract entered into under clause 25.32 (2) (d) of the Electricity Act, 1998, including the prices and costs provided for by the procurement contract, and any costs associated with the procurement contract; or (b)  any procurement process relating to a procurement contract referred to in clause (a). 2019, c. 6, Sched. 1, s. 7. Same (2) For greater certainty, subsection (1) does not otherwise affect the making of a determination by the Board under section 96 with respect to the application. 2019, c. 6, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2019, c. 6, Sched. 1, s. 7 - 09/05/2019
PART VI TRANSMISSION AND DISTRIBUTION LINES
Expropriation
99 (1) The following persons may apply to the Board for authority to expropriate land for a work: 1.  Any person who has leave under this Part or a predecessor of this Part. 2.  Any person who intends to construct, expand or reinforce an electricity transmission line or an electricity distribution line or make an interconnection and who is exempted under this Act from the requirement to obtain leave. 1998, c. 15, Sched. B, s. 99 (1); 2023, c. 2, Sched. 6, s. 1. Hearing (2) The Board shall set a date for the hearing of the application, but the date shall not be earlier than 14 days after the date of the application. 1998, c. 15, Sched. B, s. 99 (2). Information to be filed (3) The applicant shall file with the Board a plan and description of the land required, together with the names of all persons having an apparent interest in the land. 1998, c. 15, Sched. B, s. 99 (3). (4) Repealed:  2003, c. 3, s. 67. Power to make order (5) If after the hearing the Board is of the opinion that the expropriation of the land is in the public interest, it may make an order authorizing the applicant to expropriate the land. 1998, c. 15, Sched. B, s. 99 (5). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 67 - 01/08/2003 2023, c. 2, Sched. 6, s. 1 - 22/03/2023
PART VI TRANSMISSION AND DISTRIBUTION LINES
Determination of compensation
100 If compensation for damages is provided for in this Part and is not agreed on, the compensation shall be determined by the Ontario Land Tribunal under the Expropriations Act
and, for the purpose, sections 26 and 29 of that Act apply with necessary modifications. 2021, c. 4, Sched. 6, s. 73 (2). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 73 (2) - 01/06/2021
PART VI TRANSMISSION AND DISTRIBUTION LINES
Crossings with leave
101 (1) The following persons may apply to the Board for authority to construct a work upon, under or over a highway, utility line or ditch: 1.  Any person who has leave to construct the work under this Part. 2.  Any person who intends to construct the work and who is exempted under this Act from the requirement to obtain leave. 3.  Where the proposed work is the expansion or reinforcement of a transmission or distribution system, any person who is required by the Board, pursuant to a condition of the person’s licence, to expand or reinforce the transmission or distribution system. 4.  The officers, employees and agents of a person described in paragraph 1, 2 or 3. 2006, c. 33, Sched. X, s. 3; 2023, c. 2, Sched. 6, s. 2. Procedure (2) The procedure set out in subsections 99 (1) to (4) applies with necessary modifications to an application under this section. 1998, c. 15, Sched. B, s. 101 (2). Order (3) Without any other leave and despite any other Act, if after the hearing the Board is of the opinion that the construction of the work upon, under or over a highway, utility line or ditch is in the public interest, it may make an order authorizing the construction upon such conditions as it considers appropriate. 1998, c. 15, Sched. B, s. 101 (3). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. X, s. 3 - 22/02/2007 2023, c. 2, Sched. 6, s. 2 - 22/03/2023
PART VI TRANSMISSION AND DISTRIBUTION LINES
Right to compensation for damages
102 Any person who has acquired land for a work under this Part by agreement with the owner of the land shall pay to the owner due compensation for any damages resulting from the exercise of the person’s rights under the agreement and, if the compensation is not agreed upon, it shall be determined in the manner set out in section 100. 1998, c. 15, Sched. B, s. 102.
PART VI TRANSMISSION AND DISTRIBUTION LINES
Entry upon land
103 (1) Any person may at any time enter upon land, without the consent of the owner of the land, for the purpose of inspecting, altering, maintaining, repairing, renewing, disconnecting, replacing or removing a work or part of a work where leave for the construction, expansion or reinforcement of the work or the making of an interconnection was granted under this Part or a predecessor of this Part. 1998, c. 15, Sched. B, s. 103 (1). Compensation (2) Compensation for any damages resulting from the exercise of a right under subsection (1), if not agreed upon by the person and the owner of the land, shall be determined in the manner set out in section 100. 1998, c. 15, Sched. B, s. 103 (2).
PART VI.1 ELECTRICITY INFRASTRUCTURE
Definitions
104.1 In this Part, “development” includes the expansion or reinforcement of existing electricity infrastructure; (“aménagement”) “electricity infrastructure” means a distribution system, a transmission system and any related structure, system, equipment, facility or other thing that may be prescribed by the regulations. (“infrastructure de l’électricité”) 2021, c. 2, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 7 - 01/01/2022
PART VI.1 ELECTRICITY INFRASTRUCTURE
Application
104.2 This Part applies with respect to, (a)  prescribed uses of or access to electricity infrastructure that are wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity, by persons or entities prescribed by the regulations; and (b)  prescribed development of electricity infrastructure that is wholly or partly for the purpose of providing for or otherwise enabling electricity infrastructure use or access that is wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity. 2021, c. 2, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 7 - 01/01/2022
PART VI.1 ELECTRICITY INFRASTRUCTURE
Compensation
104.4 (1) The Minister may make payments of such amounts as may be determined by the regulations in order to compensate a transmitter, distributor or other prescribed person licensed under Part V for any lost revenue arising from the application of this Part or the regulations. 2021, c. 2, Sched. 2, s. 7. Same (2) Compensation provided for under subsection (1) shall be paid for out of the money appropriated by the Legislature for the purposes of that subsection. 2021, c. 2, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 7 - 01/01/2022
PART VI.1 ELECTRICITY INFRASTRUCTURE
Board objectives, electricity infrastructure
104.5 The Board, in exercising powers and performing duties for the purposes of this Part, shall be guided by the following objectives, in addition to the other Board objectives set out in this Act: 1.  To facilitate the efficient development of, use of and access to electricity infrastructure to which this Part applies. 2.  Any other objective that may be prescribed by the regulations in relation to the development of, use of and access to electricity infrastructure to which this Part applies or any specified class of such development, use or access. 2021, c. 2, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 7 - 01/01/2022 PART VII   inspectors and inspections
PART VII INSPECTORS AND INSPECTIONS
Board receives complaints and makes inquiries
105 The Board may, (a)  receive complaints concerning conduct that may be in contravention of an enforceable provision whether the conduct constitutes an offence or not; and (b)  make inquiries, gather information and attempt to mediate or resolve complaints, as appropriate, concerning any matter that comes to its attention that may be in contravention of an enforceable provision whether the matter constitutes an offence or not. 2010, c. 8, s. 38 (22). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 68 - 01/08/2003 2010, c. 8, s. 38 (22) - 01/01/2011
PART VII INSPECTORS AND INSPECTIONS
Inspectors
106 (1) The chief executive officer may appoint persons to exercise and perform the powers and duties of an inspector under this Part. 2003, c. 3, s. 69; 2019, c. 6, Sched. 2, s. 22 (1). Certificate of appointment (2) The Board shall issue to every inspector a certificate of appointment bearing the signature of the chief executive officer or a facsimile of his or her signature. 2010, c. 8, s. 38 (23); 2019, c. 6, Sched. 2, s. 22 (2). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 12 (1, 2) - 27/06/2002 2003, c. 3, s. 69 - 01/08/2003 2010, c. 8, s. 38 (23) - 01/01/2011 2019, c. 6, Sched. 2, s. 22 (1, 2) - 01/10/2020