PART II THE BOARD
Directives, gas marketers and electricity retailers
28.7 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council in relation to the marketing of gas and the retailing of electricity in Ontario. 2010, c. 8, s. 38 (3). Same (2) A directive issued under subsection (1) may require the Board to take steps specified in the directive to promote fairness, efficiency and transparency in the retail market for gas and for electricity in Ontario or in respect of any activity associated with the marketing of gas or the retailing of electricity within Ontario. 2010, c. 8, s. 38 (3). Same (3) A directive may require the Board to amend licences referred to in section 48 in respect of gas marketers or under section 57 in respect of retailers of electricity and may require the Board to amend all licences so issued or to amend specific licences of specified licensees. 2010, c. 8, s. 38 (3). Licence conditions (4) The directives may require the Board, in the manner specified in the directives, to amend conditions in licences issued by the Board that relate to gas marketers or retailers of electricity, including the following: 1.  Conditions regarding the operations and management and business practices of a gas marketer or retailer of electricity, including but not limited to the conduct of employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity. 2.  Activities, conduct or practices that must, may or may not be undertaken by a gas marketer or retailer of electricity, its employees, agents or third parties acting on behalf of the gas marketer or the retailer of electricity. 3.  Conditions requiring or imposing standards that are required to be met by a gas marketer or retailer of electricity or its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including standards related to, i.  education, training, certification and communications, ii.  business practices, iii.  performance standards, iv.  background verifications and assessments as required under paragraph 6, v.  record keeping, vi.  contracting, including standards related to contracting with certain specified classes of vulnerable consumers, and vii.  such other matters as may be specified in the directive. 4.  Conditions requiring a gas marketer or retailer of electricity or its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity to provide such information orally or in writing to a consumer or a member of a class of consumers specified in the directive, the Board or the Ministry or to such other person or entity as may be specified in the directive, in the circumstances specified in the directive and within such time or times as may be specified in the directive. 5.  Conditions requiring a gas marketer or retailer of electricity to meet criteria or requirements related to identification as specified in the directive, including criteria or requirements related to the identification credentials or badges or other forms of identification provided to its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity as may be specified in the directive. 6.  Conditions requiring a gas marketer or retailer of electricity to meet specific criteria and requirements related to background verification and assessment of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including the requirement to establish a process or processes to conduct the verifications and assessments, and the criteria and requirements may include the time or times at which the verifications and assessments must be performed. 7.  Conditions requiring a gas marketer or retailer of electricity to take the following steps or do the following things in respect of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity: i.  To establish a process or to follow or adhere to a process or processes as are prescribed by regulation or are approved by an order of the Board, for the following activities in respect of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity: A.  licensing, including renewal, suspension and cancellation of licences, B.  bonding and insurance, C.  examination for credentials, certificates, accreditations or designations, D.  the creation of codes of conduct, best practices and policies, E.  requirements in relation to independence from or permissible investment in or association with the gas marketer or retailer of electricity or another licensee, and F.  such other matters as may be specified in the directive. ii.  To conduct, at such times as may be specified in the directive, the activities referred to in this section in relation to each of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity. iii.  To ensure that its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity adhere to the process or processes referred to in this section and, in particular, obtain any specified credentials, accreditations or designations referred to in this section by such time or times as may be specified in the directive. 8.  Conditions identifying provisions which must be included in any arrangements or agreements, including arrangements or agreements relating to the marketing of gas or the retailing of electricity with specified classes of consumers, entered into by the gas marketer or retailer of electricity or third parties acting on behalf of the gas marketer or retailer of electricity and such conditions may specify or provide that the arrangements or agreements must contain specific conditions, restrictions, criteria or requirements relating to the arrangements or agreements. 2010, c. 8, s. 38 (3). Verification (5) For the purposes of the verification of a contract required under Part II of the Energy Consumer Protection Act, 2010, a directive, (a)  may require the Board to prepare specified information, including preparing the information in languages specified in the directive, and to do so within the time specified in the directive; and (b)  may require that the Board require that gas marketers or retailers of electricity or specified classes of them, (i)  use the information in the manner specified in the directive, and (ii)  take such steps as may be specified in the directive to ensure that persons engaged by them in activities related to verification use the information in the manner specified in the directive. 2010, c. 8, s. 38 (3). Audit and investigation (6) A directive issued under this section may require the Board to, (a)  exercise its authority under Part V.1 to audit the records and information of the gas marketer or retailer of electricity specified in the directive, in such manner as is specified in the directive; (b)  exercise its authority under Part VII to inspect the activities or conduct of the gas marketers or retailers of electricity or the classes of gas marketers or retailers of electricity, as are specified in the directive, in relation to compliance with this Act or its regulations; (c)  exercise its authority under Part VII to undertake random inspections of the activities or conduct, as are specified in the directive, of the gas marketers or retailers of electricity specified in the directive, in relation to compliance with this Act or its regulations; (d)  exercise its authority under Part VII.0.1 to investigate the activities or conduct or the classes of activities or conduct, as are specified in the directive, of gas marketers or retailers of electricity generally or of the classes of gas marketers or retailers of electricity as are specified in the directive, in relation to compliance with this Act or its regulations; (e)  exercise its authority under Part VII.0.1 to investigate the number or percentage, as is specified in the directive, of complaints received by the Board against gas marketers or retailers of electricity and reasonably considered by the Board to have merit, in relation to compliance with this Act or its regulations. 2010, c. 8, s. 38 (3). Publication (7) A directive issued under this section shall be published in The Ontario Gazette. 2010, c. 8, s. 38 (3). No hearing (8) The Board shall amend the conditions as required by a directive without holding a hearing. 2010, c. 8, s. 38 (3). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (3) - 01/01/2011