PART VII.2 COMPLIANCE RE PART II OF THE ENERGY CONSUMER PROTECTION ACT, 2010
Freeze order
112.10 (1) If the conditions in subsection (2) are met, the Board may make an application to the Superior Court of Justice for, (a)  an order requiring any person having on deposit or controlling any assets or trust funds of a supplier or former supplier to hold those funds or assets; (b)  an order requiring a supplier or former supplier to refrain from withdrawing any asset or trust fund from a person having them on deposit or controlling them; or (c)  an order requiring a supplier or former supplier to hold any asset or trust fund of an energy consumer or other person in trust for the person entitled to it. 2010, c. 8, s. 38 (34). Conditions (2) The Board may make an application under subsection (1) if it believes that it is advisable for the protection of consumers and, (a)  a search warrant has been issued under this Act; (b)  an order has been made under section 112.3 or 112.11; or (c)  there has been an assurance of voluntary compliance under section 112.7 or 112.12. 2010, c. 8, s. 38 (34). Person engaged in unfair practice (3) Subsections (1) and (2) apply with necessary modifications to any person, whether or not the person is or was a supplier, if the person has engaged or is engaging in unfair practices under the Energy Consumer Protection Act, 2010. 2010, c. 8, s. 38 (34). Limitation (4) In the case of a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020 or a loan or trust corporation, the order under subsection (1) applies only to the offices and branches named in the order. 2010, c. 8, s. 38 (34); 2020, c. 36, Sched. 7, s. 329. Release of assets (5) The court may consent to the release of any particular asset or trust fund from the order or may wholly revoke the order. 2010, c. 8, s. 38 (34). Exception (6) Subsection (1) does not apply if, prior to the Board obtaining an order under that subsection, the person files with the Board, in such manner and amount as the Board determines, (a)  a personal bond accompanied by collateral security; (b)  a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance; (c)  a bond of a guarantor accompanied by collateral security; or (d)  another form of security prescribed by regulation. 2010, c. 8, s. 38 (34). Application to court (7) An application may be made to the Superior Court of Justice for a determination in respect of the disposition of an asset or trust fund, (a)  by a person in receipt of an order under subsection (1), if that person is in doubt as to whether the order applies to the asset or trust fund; or (b)  by a person who claims an interest in the asset or trust fund subject to the order. 2010, c. 8, s. 38 (34). Notice (8) If an order is made under this section, the Board may register in the appropriate land registry office a notice that an order under subsection (1) has been issued and that the order may affect land belonging to the person referred to in the notice and the notice has the same effect as the registration of a certificate of pending litigation except that the Board may in writing revoke or modify the notice. 2010, c. 8, s. 38 (34). Cancellation or discharge application (9) A person in respect of whom an order has been made under subsection (1) or any person having an interest in land in respect of which a notice is registered under subsection (8) may apply to the Superior Court of Justice for cancellation in whole or in part of the order or for discharge in whole or in part of the registration. 2010, c. 8, s. 38 (34). Disposition by court (10) The Superior Court of Justice shall dispose of the application after a hearing and may cancel the order or discharge the registration in whole or in part, if the court finds, (a)  that the order or registration is not required in whole or in part for the protection of consumers or of other persons having an interest in the land; or (b)  that the interests of other persons are unduly prejudiced by the order or registration. 2010, c. 8, s. 38 (34). Court application (11) If the court has made an order under subsection (1) or the Board has registered a notice under subsection (8), the Board may apply to the court for directions or an order relating to the disposition of assets, trust funds or land affected by the order or notice. 2010, c. 8, s. 38 (34). Notice not required (12) An application by the Board under this section may be made without notice to any other person. 2010, c. 8, s. 38 (34). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (34) - 01/01/2011 2020, c. 36, Sched. 7, s. 329 - 01/03/2022