PART V REGULATION OF ELECTRICITY
Payments to prescribed generator
78.1 (1) The IESO shall make payments to a generator prescribed by the regulations with respect to output that is generated by a unit at a generation facility prescribed by the regulations. 2014, c. 7, Sched. 23, s. 7. Payment amount (2) Each payment referred to in subsection (1) shall be the amount determined in accordance with the order of the Board then in effect. 2014, c. 7, Sched. 23, s. 7. Same, limitation re Ontario Power Generation Inc. (3) The determination of a payment to Ontario Power Generation Inc. under this section shall not include any consideration of amounts related to activities of Ontario Power Generation Inc. carried out in relation to the Ontario Fair Hydro Plan Act, 2017. 2017, c. 16, Sched. 1, s. 44 (3). Same (3.1) The amounts referred to in subsection (3) include, without limitation, the following: 1.  Amounts related to the appointment of Ontario Power Generation Inc. as the Financial Services Manager under the Ontario Fair Hydro Plan Act, 2017. 2.  Amounts related to the charging of fees for performing duties as the Financial Services Manager. 3.  Amounts related to exercising the powers and performing the duties of the Financial Services Manager. 4.  Amounts related to the consolidation of the assets and liabilities for accounting purposes of the Fair Hydro Trust within the meaning of the Ontario Fair Hydro Plan Act, 2017. 2017, c. 16, Sched. 1, s. 44 (3); 2019, c. 6, Sched. 3, s. 12 (3). Same (3.2) A payment to Ontario Power Generation Inc. under this section shall not include any amounts that may be specified by the regulations relating to its activities under Part II.1 of the Electricity Act, 1998. 2022, c. 23, Sched. 1, s. 5. Board orders (4) The Board shall make an order under this section in accordance with the rules prescribed by the regulations and may include in the order conditions, classifications or practices, including rules respecting the calculation of the amount of the payment. 2004, c. 23, Sched. B, s. 15. Fixing other prices (5) The Board may fix such other payment amounts as it finds to be just and reasonable, (a)  on an application for an order under this section, if the Board is not satisfied that the amount applied for is just and reasonable; or (b)  at any other time, if the Board is not satisfied that the current payment amount is just and reasonable. 2004, c. 23, Sched. B, s. 15. Burden of proof (6) Subject to subsection (7), the burden of proof is on the applicant in an application made under this section. 2004, c. 23, Sched. B, s. 15. Order (7) If the Board on its own motion or at the request of the Minister commences a proceeding to determine whether an amount that the Board may approve or fix under this section is just and reasonable, (a)  the burden of establishing that the amount is just and reasonable is on the generator; and (b)  the Board shall make an order approving or fixing an amount that is just and reasonable. 2004, c. 23, Sched. B, s. 15. Application (8) Subsections (4), (5) and (7) apply only on and after the day prescribed by the regulations for the purposes of subsection (2). 2004, c. 23, Sched. B, s. 15. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 15 - 01/01/2005 2014, c. 7, Sched. 23, s. 7 - 01/01/2015 2017, c. 16, Sched. 1, s. 44 (3) - 01/06/2017 2019, c. 6, Sched. 3, s. 12 (3) - 01/11/2019 2022, c. 23, Sched. 1, s. 5 - 15/03/2023