hordruma/ontario_laws_and_regs huggingface dataset:
PART II THE BOARD
Directives, transmission systems
28.6.1 (1) The Minister may issue, and the Board shall implement directives, approved by the Lieutenant Governor in Council, requiring the Board to take such steps as are specified in the directive relating to the construction, expansion or re-enforcement of transmission systems. 2016, c. 10, Sched. 2, s. 14. Same (2) Subsections 28.6 (2) and (3) apply with necessary modifications in respect of directives issued under subsection (1). 2016, c. 10, Sched. 2, s. 14. Section Amendments with date in force (d/m/y) 2016, c. 10, Sched. 2, s. 14 - 01/07/2016
PART II THE BOARD
Refrain from exercising power
29 (1) On an application or in a proceeding, the Board shall make a determination to refrain, in whole or part, from exercising any power or performing any duty under this Act if it finds as a question of fact that a licensee, person, product, class of products, service or class of services is or will be subject to competition sufficient to protect the public interest. 1998, c. 15, Sched. B, s. 29 (1). Scope (2) Subsection (1) applies to the exercise of any power or the performance of any duty of the Board in relation to, (a)  any matter before the Board; (b)  any licensee; (c)  any person who is subject to this Act; (d)  any person selling, transmitting, distributing or storing gas; or (e)  any product or class of products supplied or service or class of services rendered within the province by a licensee or a person who is subject to this Act. 1998, c. 15, Sched. B, s. 29 (2). Where determination made (3) For greater certainty, where the Board makes a determination to refrain in whole or in part from the exercise of any power or the performance of any duty under this Act, and does so refrain, nothing in this Act limits the application of the Competition Act (Canada) to those matters with respect to which the Board refrains. 1998, c. 15, Sched. B, s. 29 (3). Notice (4) Where the Board makes a determination under this section, it shall promptly give notice of that fact to the Minister. 1998, c. 15, Sched. B, s. 29 (4).
PART II THE BOARD
Costs
30 (1) The Board may order a person to pay all or part of a person’s costs of participating in a proceeding before the Board, a notice and comment process under section 45 or 70.2 or any other consultation process initiated by the Board. 2004, c. 23, Sched. B, s. 8. Same (2) The Board may make an interim or final order that provides, (a)  by whom and to whom any costs are to be paid; (b)  the amount of any costs to be paid or by whom any costs are to be assessed and allowed; and (c)  when any costs are to be paid. 2003, c. 3, s. 25 (1). Rules (3) The rules governing practice and procedure that are made under section 25.1 of the Statutory Powers Procedure Act may prescribe a scale under which costs shall be assessed. 2003, c. 3, s. 25 (1). Inclusion of Board costs (4) The costs may include the costs of the Board, regard being had to the time and expenses of the Board. 1998, c. 15, Sched. B, s. 30 (4). Considerations not limited (5) In awarding costs, the Board is not limited to the considerations that govern awards of costs in any court. 1998, c. 15, Sched. B, s. 30 (5). Application (6) This section applies despite section 17.1 of the Statutory Powers Procedure Act. 2003, c. 3, s. 25 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 25 (1, 2) - 01/08/2003 2004, c. 23, Sched. B, s. 8 - 01/01/2005 31 (1) Repealed:  2002, c. 1, Sched. B, s. 5. (2) Repealed:  2003, c. 3, s. 26. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 5 - 27/06/2002 2003, c. 3, s. 26 - 01/08/2003
PART II THE BOARD
Stated case
32 (1) The Board may, at the request of the Lieutenant Governor in Council or of its own motion or upon the motion of any party to proceedings before the Board and upon such security being given as it directs, state a case in writing for the opinion of the Divisional Court upon any question that is a question of law within the jurisdiction of the Board. 1998, c. 15, Sched. B, s. 32 (1); 2003, c. 3, s. 27. Same (2) The Divisional Court shall hear and determine the stated case and remit it to the Board with its opinion. 1998, c. 15, Sched. B, s. 32 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 27 - 01/08/2003
PART II THE BOARD
Appeal to Divisional Court
33 (1) An appeal lies to the Divisional Court from, (a)  an order of the Board; (b)  the making of a rule under section 44; or (c)  the issuance of a code under section 70.1. 2003, c. 3, s. 28 (1). Nature of appeal, timing (2) An appeal may be made only upon a question of law or jurisdiction and must be commenced not later than 30 days after the making of the order or rule or the issuance of the code. 1998, c. 15, Sched. B, s. 33 (2); 2003, c. 3, s. 28 (2). Board may be heard (3) The Board is entitled to be heard by counsel upon the argument of an appeal. 1998, c. 15, Sched. B, s. 33 (3). Board to act on court’s opinion (4) The Divisional Court shall certify its opinion to the Board and the Board shall make an order in accordance with the opinion, but the order shall not be retroactive in its effect. 1998, c. 15, Sched. B, s. 33 (4). Board not liable for costs (5) The Board, or any member of the Board, is not liable for costs in connection with any appeal under this section. 1998, c. 15, Sched. B, s. 33 (5). Order to take effect despite appeal (6) Subject to subsection (7), every order made by the Board takes effect at the time prescribed in the order, and its operation is not stayed by an appeal, unless the Board orders otherwise. 2006, c. 33, Sched. X, s. 1. Court may stay the order (7) The Divisional Court may, on an appeal of an order made by the Board, (a)  stay the operation of the order; or (b)  set aside a stay of the operation of the order that was ordered by the Board under subsection (6). 2006, c. 33, Sched. X, s. 1. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 28 (1, 2) - 01/08/2003 2006, c. 33, Sched. X, s. 1 - 22/02/2007 No petition to Lieutenant Governor in Council
PART II THE BOARD
Definition
34 (1) In this section, “old section 34” means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent. 2009, c. 33, Sched. 2, s. 51 (2). Not subject to petition (2) Every order, rule or code of the Board that is the subject of a petition filed under the old section 34 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council. 2009, c. 33, Sched. 2, s. 51 (2). Same (3) Every order, rule or code of the Board that may be the subject of a petition under the old section 34 is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council. 2009, c. 33, Sched. 2, s. 51 (2). No effect on validity (4) Nothing in this section affects the validity of an order, rule or code of the Board that, but for subsection 51 (2) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of a petition filed under the old section 34. 2009, c. 33, Sched. 2, s. 51 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 29 (1, 2) - 01/08/2003 2009, c. 33, Sched. 2, s. 51 (2) - 15/12/2009
PART III GAS REGULATION
Gas storage areas
36.1 (1) The Board may by order, (a)  designate an area as a gas storage area for the purposes of this Act; or (b)  amend or revoke a designation made under clause (a). 2001, c. 9, Sched. F, s. 2 (2). Transition (2) Every area that was designated by regulation as a gas storage area on the day before this section came into force shall be deemed to have been designated under clause (1) (a) as a gas storage area on the day the regulation came into force. 2001, c. 9, Sched. F, s. 2 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 2 (2) - 08/08/2001 Rate protection — expansion of natural gas distribution systems
PART III GAS REGULATION
Prohibition, gas storage in undesignated areas
37 No person shall inject gas for storage into a geological formation unless the geological formation is within a designated gas storage area and unless, in the case of gas storage areas designated after January 31, 1962, authorization to do so has been obtained under section 38 or its predecessor. 1998, c. 15, Sched. B, s. 37; 2001, c. 9, Sched. F, s. 2 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 2 (3) - 08/08/2001
PART III GAS REGULATION
Authority to store
38 (1) The Board by order may authorize a person to inject gas into, store gas in and remove gas from a designated gas storage area, and to enter into and upon the land in the area and use the land for that purpose. 1998, c. 15, Sched. B, s. 38 (1). Right to compensation (2) Subject to any agreement with respect thereto, the person authorized by an order under subsection (1), (a)  shall make to the owners of any gas or oil rights or of any right to store gas in the area just and equitable compensation in respect of the gas or oil rights or the right to store gas; and (b)  shall make to the owner of any land in the area just and equitable compensation for any damage necessarily resulting from the exercise of the authority given by the order. 1998, c. 15, Sched. B, s. 38 (2). Determination of amount of compensation (3) No action or other proceeding lies in respect of compensation payable under this section and, failing agreement, the amount shall be determined by the Board. 1998, c. 15, Sched. B, s. 38 (3). Appeal (4) An appeal within the meaning of section 31 of the Expropriations Act lies from a determination of the Board under subsection (3) to the Divisional Court, in which case that section applies and section 33 of this Act does not apply. 1998, c. 15, Sched. B, s. 38 (4); 2003, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 31 - 01/08/2003 Gas storage, surplus facilities and approval of agreements
PART III GAS REGULATION
Allocation of surplus storage facilities
39 (1) Upon the application of a gas transmitter or gas distributor, the Board by order may direct a storage company having storage capacity and facilities that are not in full use to provide all or part of the storage capacity and facilities for the applicant upon such conditions as may be determined by the Board. 1998, c. 15, Sched. B, s. 39 (1). Gas storage agreements to be approved (2) No storage company shall enter into an agreement or renew an agreement with any person for the storage of gas unless the Board, with or without a hearing has approved, (a)  the parties to the agreement or renewal; (b)  the period for which the agreement or renewal is to be in operation; and (c)  the storage that is the subject of the agreement or renewal. 1998, c. 15, Sched. B, s. 39 (2).
PART III GAS REGULATION
Referral to Board of application for well licence
40 (1) The Minister of Natural Resources shall refer to the Board every application for the granting of a licence relating to a well in a designated gas storage area, and the Board shall report to the Minister of Natural Resources on it. 1998, c. 15, Sched. B, s. 40 (1). Hearing (2) The Board may hold a hearing before reporting to the Minister if the applicant does not have authority to store gas in the area or, in the Board’s opinion, the special circumstances of the case require a hearing. 1998, c. 15, Sched. B, s. 40 (2). Copy of report to be sent to parties (3) The Board shall send to each of the parties a copy of its report to the Minister made under subsection (1) within 10 days after submitting it to the Minister and such report shall be deemed to be an order of the Board within the meaning of section 34. 1998, c. 15, Sched. B, s. 40 (3). Minister’s decision (4) The Minister of Natural Resources shall grant or refuse to grant the licence in accordance with the report. 1998, c. 15, Sched. B, s. 40 (4).
PART III GAS REGULATION
Discontinuance of transmission or distribution
42 (1) Subject to the Technical Standards and Safety Act, 2000 and the regulations made under that Act, and in the absence of an agreement to the contrary between the parties affected, no gas transmitter shall voluntarily discontinue transmitting gas to a gas distributor without leave of the Board. 1998, c. 15, Sched. B, s. 42 (1); 2002, c. 17, Sched. F, Table; 2003, c. 3, s. 32. Duty of gas distributor (2) Subject to the Public Utilities Act, the Technical Standards and Safety Act, 2000 and the regulations made under the latter Act, sections 80, 81, 82 and 83 of the Municipal Act, 2001 and sections 64, 65, 66 and 67 of the City of Toronto Act, 2006, a gas distributor shall provide gas distribution services to any building along the line of any of the gas distributor’s distribution pipe lines upon the request in writing of the owner, occupant or other person in charge of the building. 2006, c. 32, Sched. C, s. 42. Order (3) Upon application, the Board may order a gas transmitter, gas distributor or storage company to provide any gas sale, transmission, distribution or storage service or cease to provide any gas sale service. 1998, c. 15, Sched. B, s. 42 (3). Restriction (4) Despite subsection 19 (4), the Board may not commence a proceeding under subsection (3) on its own motion. 1998, c. 15, Sched. B, s. 42 (4). Section Amendments with date in force (d/m/y) 2002, c. 17, Sch. F, Table- 01/01/2003 2003, c. 3, s. 32 - 01/08/2003 2006, c. 32, Sched. C, s. 42 - 01/01/2007 2010, c. 8, s. 38 (4) - no effect -  see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020 Change in ownership or control of systems
PART III GAS REGULATION
Rules, effective date and gazette publication
46 (1) A rule comes into force on the day specified in the rule. 1998, c. 15, Sched. B, s. 46 (1). Publication (2) The Board shall publish every rule that comes into force in The Ontario Gazette as soon after the rule is made as practicable. 1998, c. 15, Sched. B, s. 46 (2). Effect of non-publication (3) A rule that is not published is not effective against a person who has not had actual notice of it. 1998, c. 15, Sched. B, s. 46 (3). Effect of publication (4) Publication of a rule in The Ontario Gazette, (a)  is, in the absence of evidence to the contrary, proof of its text and of its making; and (b)  shall be deemed to be notice of its contents to every person subject to it or affected by it. 1998, c. 15, Sched. B, s. 46 (4). Judicial notice (5) If a rule is published in The Ontario Gazette, judicial notice shall be taken of it, of its content and of its publication. 1998, c. 15, Sched. B, s. 46 (5). PART IV   GAS MARKETING
PART IV GAS MARKETING
Definitions, Part IV
47 In this Part, “gas marketer” means a person who, (a)  sells or offers to sell gas to a low-volume consumer, (b)  acts as the agent or broker for a seller of gas to a low-volume consumer, or (c)  acts or offers to act as the agent or broker of a low-volume consumer in the purchase of gas, and “gas marketing” has a corresponding meaning; (“agent de commercialisation de gaz”, “commercialisation de gaz”) “low-volume consumer” means a person who annually uses less than the amount of gas prescribed by regulation. (“petit consommateur”)  1998, c. 15, Sched. B, s. 47.
PART IV GAS MARKETING
Requirement to hold licence
48 (1) No person shall carry on business as a gas marketer unless the person holds a gas marketer’s licence. 1998, c. 15, Sched. B, s. 48 (1). Restriction on name use (2) A gas marketer shall not carry on business in a name other than the name in which it is licensed unless authorized to do so in the licence. 1998, c. 15, Sched. B, s. 48 (2). Exclusion (3) This section does not apply to, (a)  a gas distributor acting in accordance with an order of the Board including an order made under section 57.1; or (b)  a gas distributor to whom section 36 does not apply pursuant to an exemption set out in the regulations. 2003, c. 3, s. 36; 2023, c. 9, Sched. 24, s. 2. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 36 - 01/08/2003 2023, c. 9, Sched. 24, s. 2 - 08/06/2023
PART IV GAS MARKETING
Application for licence
50 (1) A person may apply to the Board for the issuance or renewal of a gas marketing licence. 2003, c. 3, s. 37. Regulations (2) The Lieutenant Governor in Council may make regulations prescribing requirements for a gas marketing licence which, if not met, will result in the refusal to issue or renew a licence. 2003, c. 3, s. 37. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 37 - 01/08/2003 Licence conditions and renewals
PART IV GAS MARKETING
Licence conditions 
51 (1) A licence under this Part may contain such conditions as are appropriate having regard to the objectives of the Board. 2010, c. 8, s. 38 (6). Licence renewals (2) A licence under this Part shall be renewed at such times as may be prescribed by regulation. 2010, c. 8, s. 38 (6). Regulations (3) The Lieutenant Governor in Council may make regulations prescribing the time or times at which a licence is to be renewed for the purposes of subsection (2). 2021, c. 2, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 37 - 01/08/2003 2010, c. 8, s. 38 (6) - 01/01/2011 2021, c. 2, Sched. 2, s. 2 - 12/04/2021
PART IV GAS MARKETING
Amendment of licence
52 The Board may, on the application of any person, amend a licence if it considers the amendment to be, (a)  necessary to implement a directive issued under section 27, 27.1 or 28.7; or (b)  in the public interest, having regard to the objectives of the Board. 2003, c. 3, s. 37; 2010, c. 8, s. 38 (7). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 37 - 01/08/2003 2010, c. 8, s. 38 (7) - 01/01/2011
PART IV GAS MARKETING
Cancellation on request
53 The Board may cancel a licence on the request in writing of the licence holder. 2003, c. 3, s. 38. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (4) - 06/12/2000 2003, c. 3, s. 38 - 01/08/2003 54 Repealed:  2003, c. 3, s. 39. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 39 - 01/08/2003 55 Repealed:  2003, c. 3, s. 39. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 39 - 01/08/2003 PART V   REGULATION OF ELECTRICITY
PART V REGULATION OF ELECTRICITY
Requirement to hold licence
57 Neither the IESO nor the Smart Metering Entity shall exercise their powers or perform their duties under the Electricity Act, 1998 unless licensed to do so under this Part and, except as otherwise provided under this Act, no other person shall, unless licensed to do so under this Part, (a)  own or operate a distribution system; (b)  own or operate a transmission system; (c)  generate electricity or provide ancillary services for sale through the IESO-administered markets or directly to another person; (c.1)  engage in unit sub-metering; (d)  retail electricity; (e)  purchase electricity or ancillary services in the IESO-administered markets or directly from a generator; (f)  sell electricity or ancillary services through the IESO-administered markets or directly to another person, other than a consumer; (g)  direct the operation of transmission systems in Ontario; (h)  operate the market established by the market rules; or (i)  engage in an activity prescribed by the regulations that relates to electricity. 1998, c. 15, Sched. B, s. 57; 2002, c. 1, Sched. B, s. 6; 2004, c. 23, Sched. B, s. 10; 2006, c. 3, Sched. C, s. 4; 2010, c. 8, s. 38 (8); 2014, c. 7, Sched. 23, s. 4; 2023, c. 9, Sched. 24, s. 3. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 6 - 27/06/2002 2004, c. 23, Sched. B, s. 10 (1, 2) - 01/01/2005 2006, c. 3, Sched. C, s. 4 - 03/05/2006 2010, c. 8, s. 38 (8) - 01/01/2011 2014, c. 7, Sched. 23, s. 4 - 01/01/2015 2023, c. 9, Sched. 24, s. 3 - 08/06/2023 Pilot or demonstration projects to facilitate innovation
PART V REGULATION OF ELECTRICITY
Exemption from licence requirement
57.1 (1) The Board may by order exempt a person from the requirement to be licensed under this Part in respect of any activity referred to in clause 57 (a), (c.1), (d), (e) or (f) for a period of no more than five years, in order to permit the person to participate in a pilot or demonstration project, (a)  that meets any criteria prescribed by the regulations; and (b)  that the Board determines is in furtherance of its objective to facilitate innovation in the electricity sector under paragraph 4 of subsection 1 (1). 2023, c. 9, Sched. 24, s. 4. Same, gas marketing (2) In making an order under subsection (1), the Board may additionally exempt a person from the requirement to be licensed under Part IV in respect of any activity to which section 48 applies for a period of no more than five years, in order to permit the person to participate in the pilot or demonstration project that is the subject of the order. 2023, c. 9, Sched. 24, s. 4. Extension (3) The Board may by order extend an exemption granted under subsection (1) or (2) for further periods of no more than five years each. 2023, c. 9, Sched. 24, s. 4. Amendment, revocation (4) The Board may by order amend or revoke an exemption granted under subsection (1) or (2) or extended under subsection (3). 2023, c. 9, Sched. 24, s. 4. Hearing not required (5) The Board may make an order under this section without a hearing. 2023, c. 9, Sched. 24, s. 4. Application of exemption (6) An exemption under this section applies only with respect to the exempted person’s participation in the pilot or demonstration project and for no other purpose. 2023, c. 9, Sched. 24, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 24, s. 4 - 08/06/2023
PART V REGULATION OF ELECTRICITY
Where not in compliance
58 A contract between a member of a prescribed class of consumers and a person who is not in compliance with section 57 may not be enforced against that consumer. 2010, c. 8, s. 38 (9). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 41 - 01/08/2003 2010, c. 8, s. 38 (9) - 01/01/2011
PART V REGULATION OF ELECTRICITY
Head office of distributor in Ontario
58.1 (1) A distributor that is licensed under this Part to own or operate a distribution system shall maintain its head office in Ontario. 2015, c. 29, s. 9. What constitutes “maintained in Ontario” (2) For the purposes of subsection (1), a distributor maintains its head office in Ontario if, (a)  the principal executive office for the distributor and its subsidiaries is located in Ontario; (b)  the chief executive officer and substantially all of the officers with strategic decision-making or management authority for the distributor and its subsidiaries principally perform their duties at that principal executive office or elsewhere in Ontario and are resident in Ontario; and (c)  substantially all of the strategic decision-making, corporate planning, corporate finance and other executive functions of the distributor and its subsidiaries are carried out at that principal executive office or elsewhere in Ontario. 2015, c. 29, s. 9. Definition, “subsidiary” (3) In this section, “subsidiary”, with respect to a corporation, has the same meaning as in the Business Corporations Act. 2015, c. 29, s. 9. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 9 - 04/03/2016 Interim licences