PART V REGULATION OF ELECTRICITY
Delivery credit for on-reserve consumers
79.4 (1) The Minister shall provide a delivery credit to on-reserve consumers who meet the criteria prescribed under this section with respect to electricity consumed on or after the date prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Money appropriated by the Legislature (2) The money required for the purposes of the provision of the credits required under this section shall be paid out of the money appropriated for those purposes by the Legislature. 2017, c. 16, Sched. 2, s. 4. Eligible costs (3) The eligible costs for the delivery credit referred to in subsection (1) are, (a)  the sum of the following charges for which the consumer would otherwise be liable, (i)  all variable and fixed distribution charges, (ii)  all charges based on the retail transmission network service rate, (iii)  all charges based on the retail transmission connection service rate, (iv)  all charges related to losses incurred in the distribution of electricity, except for such amounts that are included in regulatory charges provided for in the regulations, and (v)  any other charges that may be prescribed in the regulations; or (b)  where no separate charges for delivery are provided for by the distributor or other person or entity that may be prescribed in the regulations, the monthly service charge or such other amount as may be prescribed for or in respect of a prescribed distributor. 2017, c. 16, Sched. 2, s. 4. Delivery credit (4) A distributor, person or entity shall, unless the regulations provide otherwise, provide the delivery credit referred to in subsection (1) by crediting the account of an on-reserve consumer. 2017, c. 16, Sched. 2, s. 4. Same (5) The regulations may require that distributors and any other persons or entities provide a delivery credit to an on-reserve consumer who is entitled to a delivery credit under subsection (1) in such manner or in accordance with such methods as may be prescribed. 2017, c. 16, Sched. 2, s. 4. Same (6) A distributor or any person or entity as may be prescribed is entitled to be compensated from the money referred to in subsection (2) for any lost revenue resulting from the provision of the delivery credits under this section. 2017, c. 16, Sched. 2, s. 4. Information, etc. (7) If provided for in the regulations, the Board, the IESO and distributors, and other persons or entities, or any of them, shall provide such information and reports to the Ministry of Energy and to one another as are necessary to facilitate the implementation, administration, funding and delivery of the delivery credits or of anything else required under this section. 2017, c. 16, Sched. 2, s. 4. Limitation periods for delivery credit, consumer (8) Despite any past entitlement of an on-reserve consumer who is eligible for a delivery credit under this section, no delivery credit is payable to an on-reserve consumer after a limitation period prescribed by the regulations in respect of the on-reserve consumer, other than in such circumstances as may be prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Limitation, reimbursement of distributor, etc. (9) Despite any requirement under this Act to reimburse a distributor or other persons or entities for delivery credits provided by them to on-reserve consumers under this section, no amounts for reimbursement are payable to the distributor or other persons or entities after a limitation period prescribed by the regulations in respect of the distributor or other persons or entities, where such reimbursement is based on an on-reserve consumer’s past entitlement under this section which has not yet been paid or reimbursed under this section, other than in such circumstances as may be prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Transitional (10) If, for technical or operational reasons, a distributor referred to in subsection (4) is unable to adapt its invoices to comply with this section and the regulations by the time it issues its first invoice for electricity consumed after the prescribed date in respect of an eligible account, (a)  the distributor shall adapt its invoices as soon as possible and, in any event, no later than a date prescribed in the regulations; and (b)  on-reserve consumers continue to be entitled to receive the delivery credit to which they are entitled under this Act and may receive it as a lump sum credit on the invoice for the first billing period after the invoices have been adapted or by such other means as may be prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Regulations (11) The Lieutenant Governor in Council may make regulations, (a)  governing who is an on-reserve consumer for the purposes of this section and, without limiting the generality of the foregoing, may provide that consumers who occupy certain areas are on-reserve consumers, and may do so without regard to whether those areas constitute a “reserve” under any other Act or law; (b)  prescribing dates for the purposes of subsections (1) and (10); (c)  governing provision of the delivery credits provided to on-reserve consumers under this section and, without restricting the generality of the foregoing, governing anything that under this section is to be prescribed or provided for in the regulations, or that is to be done in accordance with the regulations; (d)  determining the method or methods of calculating the amount of the delivery credits to be provided by the Minister in respect of on-reserve consumers under this section; (e)  requiring the IESO to make and receive payments to and from the Minister and to make payments to licensed distributors, or to persons prescribed by the regulations, in respect of the delivery credits provided for under this section and prescribing methods for determining the amounts payable to distributors or on-reserve consumers in respect of the credits provided. 2017, c. 16, Sched. 2, s. 4. Interpretation (12) In this section, “on-reserve consumer” has the meaning provided for in the regulations. 2017, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2005 2002, c. 23, s. 4 (11) - 09/12/2002 2003, c. 8, s. 5 (1-5) - 01/04/2004 2004, c. 23, Sched. B, s. 22 (1-4) - 01/01/2005 2017, c. 16, Sched. 2, s. 4 - 01/06/2017