PART III GAS REGULATION
Order of Board required
36 (1) No gas transmitter, gas distributor or storage company shall sell gas or charge for the transmission, distribution or storage of gas except in accordance with an order of the Board, which is not bound by the terms of any contract. 1998, c. 15, Sched. B, s. 36 (1). Order of Board re Smart Metering Entity (1.1) Neither the Smart Metering Entity nor any other person licensed to do so shall conduct activities relating to the metering of gas except in accordance with an order of the Board, which is not bound by the terms of any contract. 2006, c. 3, Sched. C, s. 3. Order re: rates (2) The Board may make orders approving or fixing just and reasonable rates for the sale of gas by gas transmitters, gas distributors and storage companies, and for the transmission, distribution and storage of gas. 1998, c. 15, Sched. B, s. 36 (2). Power of Board (3) In approving or fixing just and reasonable rates, the Board may adopt any method or technique that it considers appropriate. 1998, c. 15, Sched. B, s. 36 (3). Limitation (3.1) In approving or fixing just and reasonable rates for the sale, transmission or distribution of gas, the Board shall not include any of the following amounts: 1.  Any penalties or fines a gas transmitter or gas distributor is required to pay under an Act, except as otherwise provided by the regulations. 2.  Any other amounts or classes of amounts a gas transmitter or gas distributor is required to pay that are prescribed by the regulations made by the Minister under subsection 127 (8). 2023, c. 9, Sched. 24, s. 1. Contents of order (4) An order under this section may include conditions, classifications or practices applicable to the sale, transmission, distribution or storage of gas, including rules respecting the calculation of rates. 1998, c. 15, Sched. B, s. 36 (4). Deferral or variance accounts (4.1) If a gas distributor has a deferral or variance account that relates to the commodity of gas, the Board shall, from time to time, or as prescribed by the regulations, make an order under this section that determines whether and how amounts recorded in the account shall be reflected in rates.  2017, c. 2, Sched. 10, s. 2 (3). Same (4.2) If a gas distributor has a deferral or variance account that does not relate to the commodity of gas, the Board shall, from time to time, or as prescribed by the regulations, make an order under this section that determines whether and how amounts recorded in the account shall be reflected in rates.  2017, c. 2, Sched. 10, s. 2 (3). Same (4.3) An order that determines whether and how amounts recorded in a deferral or variance account shall be reflected in rates shall be made in accordance with the regulations. 2003, c. 3, s. 30. Same (4.4) If an order that determines whether and how amounts recorded in a deferral or variance account shall be reflected in rates is made after the time required by subsection (4.1) or (4.2) and the delay is due in whole or in part to the conduct of a gas distributor, the Board may reduce the amount that is reflected in rates. 2003, c. 3, s. 30. Same (4.5) If an amount recorded in a deferral or variance account of a gas distributor is reflected in rates, the Board shall consider the appropriate number of billing periods over which the amount shall be divided in order to mitigate the impact on consumers. 2003, c. 3, s. 30. Fixing other rates (5) Upon an application for an order approving or fixing rates, the Board may, if it is not satisfied that the rates applied for are just and reasonable, fix such other rates as it finds to be just and reasonable. 1998, c. 15, Sched. B, s. 36 (5). Burden of proof (6) Subject to subsection (7), in an application with respect to rates for the sale, transmission, distribution or storage of gas, the burden of proof is on the applicant. 1998, c. 15, Sched. B, s. 36 (6). Order, motion of Board or at request of Minister (7) If the Board of its own motion, or upon the request of the Minister, commences a proceeding to determine whether any of the rates for the sale, transmission, distribution or storage of gas by any gas transmitter, gas distributor or storage company are just and reasonable, the Board shall make an order under subsection (2) and the burden of establishing that the rates are just and reasonable is on the gas transmitter, gas distributor or storage company, as the case may be. 1998, c. 15, Sched. B, s. 36 (7). Exception (8) This section does not apply to a municipality or municipal public utility commission transmitting or distributing gas under the
Public Utilities Act on the day before this section comes into force. 1998, c. 15, Sched. B, s. 36 (8). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 30 - 01/08/2003 2006, c. 3, Sched. C, s. 3 - 03/05/2006 2017, c. 2, Sched. 10, s. 2 (3) - 22/03/2017 2020, c. 12, s. 85 (1) - 08/07/2020 2023, c. 9, Sched. 24, s. 1 - 08/06/2023