PART V REGULATION OF ELECTRICITY
Regulations, electricity licences
88 (1) The Lieutenant Governor in Council may make regulations, (a)  prescribing requirements for a licence which allows for the retailing of electricity to residential or small business consumers, as defined in the regulations, which, if not met, will result in the refusal to issue or renew a licence; (a.0.1) for the purposes of section 57.1, (i)  providing for conditions or restrictions on the Board’s power to make orders under that section, including limiting the number of times an exemption may be extended under subsection 57.1 (3), and (ii)  governing criteria for pilot and demonstration projects, which may include criteria respecting the manner in which a project is funded; (a.0.2) prescribing classes of consumers for the purposes of section 58; (a.1)  providing for the establishment, administration and operation of a tracking system to associate electricity with the processes and fuel types used by generation facilities and with the types and quantities of contaminants emitted by generation facilities, including, (i)  designating the administrator of the tracking system and prescribing the administrator’s powers and duties, (ii)  designating a person or body to audit the tracking system and the information used by the tracking system and prescribing the auditor’s powers and duties, including powers to enter business premises and inspect documents and records, (iii)  requiring persons prescribed by the regulations to submit information prescribed by the regulations or by the administrator or auditor of the tracking system to the administrator or auditor in a form and at times specified by the regulations or by the administrator or auditor, (iv)  protecting the administrator of the tracking system from liability arising from incorrect information provided by other persons, (v)  requiring the administrator or auditor of the tracking system or the Minister to make determinations for the purposes of the tracking system, (vi)  requiring information from the tracking system to be made available to the public, (vii)  requiring persons prescribed by the regulations to provide other persons prescribed by the regulations with information from the tracking system in a form and at times specified by the regulations or by the administrator or auditor of the tracking system, (viii)  authorizing and governing the issuance of certificates related to determinations made for the purposes of the tracking system, and (ix)  authorizing the administrator of the tracking system, subject to the approval of the Board, to establish and charge fees in connection with the tracking system, and governing the establishment and charging of those fees; (b)  requiring retailers or generators or persons engaged in an activity described in clause 57 (f) to make timely disclosure to the Minister of the Environment, or the IESO in the manner and at the times prescribed, of the nature and quantity of the prescribed contaminants emitted by the generation facility from which the electricity being sold or offered for sale is produced or deemed to be produced, the nature of the fuel and the process of generation used at the facility; (c)  authorizing the Minister of the Environment to determine from which generation facility or facilities electricity is deemed to be produced in accordance with such rules as may be prescribed in the regulation; (d)  requiring retailers or generators or persons engaged in an activity described in clause 57 (f) to file with the Board, in such form and at such times as the Board may determine, evidence that the generation facility from which the electricity is produced or is deemed to be produced meets standards for emission of prescribed contaminants from a source or class of sources set out under the Environmental Protection Act; (e)  respecting the manner in which reductions, credits or allowances acquired by a retailer, generator or a person engaged in an activity described in clause 57 (f) under the Environmental Protection Act may be used in determining whether there has been compliance with the standards referred to in clause (d); (f)  requiring retailers to make timely disclosure to consumers, in the manner and at the times prescribed, of the nature and quantity of the prescribed contaminants emitted by the generation facility from which the electricity being sold or offered for sale is produced or is deemed to be produced, the nature of the fuel and the process of generation used at the facility and such other information as is prescribed; (g)  delegating to a body the power to establish the manner and time requirements described in clause (f) and requiring retailers to disclose the information described in that clause in that manner and within those time periods; (g.1)  requiring a distributor, in the circumstances and in the manner prescribed by the regulations, to subtract the amount of electricity conveyed into the distribution system by a generator from the amount consumed from the system by the generator, for billing purposes, if the generator generates electricity primarily for the generator’s own use; (g.2)  for the purposes of clause 70 (2) (d.1), prescribing matters which may be included as a licence condition in a licence of a retailer of electricity in relation to the retailing of electricity; (g.3)  for the purposes of subsection 71 (1), providing for circumstances in which a transmitter or distributor may carry on a business activity other than transmitting or distributing electricity other than through one or more affiliates, subject to any conditions or restrictions specified by the regulations; (g.3.1) prescribing rules for the purposes of subsection 71 (2); (g.3.2) governing, (i)  the capacity of a renewable energy generation facility referred to in clause 71 (3) (a) and criteria for a renewable energy generation facility for the purposes of clause 71 (3) (a), (ii)  criteria for a generation facility that uses technology that produces power and thermal energy from a single source for the purposes of clause 71 (3) (b), and (iii)  criteria for an energy storage facility for the purposes of clause 71 (3) (c); (g.4)  prescribing different situations for which separate rates must be approved or fixed under section 78, with those situations being defined with reference to amounts of electricity used and times when electricity is used; (g.5)  governing the approving or fixing under section 78 of just and reasonable rates for the retailing of electricity in order to meet a distributor’s obligations under section 29 of the Electricity Act, 1998, including prescribing methods of and procedures for approving or fixing rates, including requiring persons licensed under this Part to participate in those methods and procedures and to enter into contracts or other arrangements as part of those methods and procedures; (g.6)  prescribing different classes of consumers for the purposes of section 78 and the date or method of determining the date on which rates approved or fixed for a class of consumers take effect; (g.6.0.1) prescribing circumstances under which a transmitter or distributor shall bear the costs of construction, expansion or reinforcement associated with the connection of a renewable energy generation facility to the transmitter’s transmission system or the distributor’s distribution system; (g.6.0.2) for the purposes of subsection 78 (3.0.0.1), prescribing rules in relation to the approving or fixing of just and reasonable rates for unit smart metering that the Board must follow, prescribing classes of consumers for the purposes of clause 78 (3.0.0.1) (a) and prescribing circumstances for the purposes of clause 78 (3.0.0.1) (b); (g.6.1) prescribing the circumstances in which the Board may make orders permitting the Smart Metering Entity or distributors to establish deferral or variance accounts for the purposes of subsection 78 (3.0.2); (g.6.2) in respect of orders relating to the ability of the Smart Metering Entity, distributors, retailers and other persons to recover costs associated with the smart metering initiative for the purposes of subsection 78 (3.0.3); (g.7)  governing the approving or fixing under subsection 78 (3.1) of rates for the retailing of electricity, including, (i)  prescribing rules for the purposes of subsection 78 (3.1), and (ii)  prescribing matters for the purposes of subsection 78 (3.4) to be taken into consideration in forecasting the cost of electricity and the methods of and procedures for forecasting the cost of electricity, including the treatment of any outstanding balances in variance accounts held by the IESO; (g.8)  prescribing conditions for the purposes of subsection 78 (3.5); (g.9)  providing for penalties and fines a transmitter or distributor is required to pay under an Act that the Board may include in approving or fixing rates for the transmission or distribution of electricity, for the purposes of paragraph 1 of subsection 78 (5); (g.10) Repealed: 2023, c. 9, Sched. 24, s. 6 (2). (h)  prescribing, for the purposes of subsection 78 (5.1), methods and techniques for the calculation and treatment of transfers made by Hydro One Inc. or its subsidiary, as the case may be, that are authorized by section 50.1 of the Electricity Act, 1998; (i)  prescribing, for the purposes of subsection 78 (5.2), methods and techniques for the treatment of the statutory right to use corridor land; (i.1)  prescribing generators and generation facilities and units for the purposes of section 78.1; (i.2)  prescribing generators or generation facilities and units at generation facilities whose generators may apply to the Board for an order that section 78.1 applies to the facility or unit and rules governing the procedure for applying, the criteria to be satisfied and any terms and limitations that must or may be included in the order; (i.3)  governing circumstances in which payments shall not be made under section 78.1; (i.4)  for the purposes of subsection 78.1 (3.2), specifying amounts relating to Ontario Power Generation Inc.’s activities under Part II.1 of the Electricity Act, 1998 that shall not be included in a payment to it under section 78.1, including providing for methods for determining the amounts; (i.5)  Repealed: 2014, c. 7, Sched. 23, s. 12 (2). (i.6)  governing the determination of payment amounts by the Board under section 78.1, including rules prescribing, (i)  methods of and procedures for determining payment amounts, (ii)  financial factors which the Board may take into consideration in determining payment amounts, and (iii)  different payment amounts or different methods of and procedures for determining payment amounts for different situations, including situations defined with respect to energy sources, time of generation and amounts of electricity generated; (i.7)  authorizing or requiring generators to establish one or more variance or deferral accounts in connection with section 78.1; (i.8)  prescribing generation facilities for the purposes of section 78.2; (i.9)  prescribing rules for determining the amount of the Financial Corporation’s indirect costs in respect of a contract for the purposes of section 78.2; (i.10), (i.11)  Repealed: 2014, c. 7, Sched. 23, s. 12 (3). (j)  governing all matters relating to payment amounts under section 78.5; (k)-(o) Repealed:  1998, c. 15, Sched. B, s. 79.1 (24). (p), (q)  Repealed:  1998, c. 15, Sched. B, s. 79.2 (5). (r)  Repealed:  1998, c. 15, Sched. B, s. 79.11. (r.1)  Repealed:  1998, c. 15, Sched. B, s. 79.11. (r.2)  Repealed:  1998, c. 15, Sched. B, s. 79.11. (s)-(y) Repealed:  1998, c. 15, Sched. B, s. 79.11. (z)  Repealed:  2004, c. 23, Sched. B, s. 29 (9). (z.1) - (z.5) Repealed:  1998, c. 15, Sched. B, s. 79.11. (z.6)  prescribing classes of consumers for the purposes of section 79.16; (z.7)  prescribing prices or methods for determining prices for the purpose of clause 79.16 (1) (a), including prescribing separate prices or methods for different situations, including situations defined with respect to types of consumers and amounts of electricity used; (z.8)  governing the determination of rates by the Board under clause 79.16 (1) (b), including, (i)  prescribing methods of and procedures for determining rates, including requiring persons licensed under this Part to participate in those methods and procedures and to enter into contracts or other arrangements as part of those methods and procedures, and (ii)  prescribing different situations for which separate rates must be determined, including situations defined with respect to types of consumers, amounts of electricity used and times when electricity is used; (z.9)  prescribing a date for the purpose of subsection 79.16 (1); (z.10) prescribing criteria for the purposes of clause 79.16 (4) (b); (z.11) for the purposes of section 79.17, prescribing, (i)  classes of consumers, (ii)  information that must or may be included on invoices issued in respect of electricity to consumers in one or more of the prescribed classes, (iii)  the requirements that the invoices must meet, and (iv)  the form of the invoice, including prescribing different requirements and forms for the purposes of that section; (z.12) respecting the manner in which invoices issued in respect of electricity to consumers who are members of a class of consumers prescribed for the purposes of section 79.17 are to be provided to those consumers. 1998, c. 15, Sched. B, s. 88 (1) [see also ss. 79.1 (24), 79.2 (5), 79.11]; 2002, c. 1, Sched. B, s. 10; 2002, c. 23, s. 4 (14-17); 2003, c. 3, s. 56 (1, 2); 2003, c. 8, s. 11; 2004, c. 23, Sched. B, s. 29 (1-11); 2006, c. 3, Sched. C, s. 6; 2009, c. 12, Sched. D, s. 15; 2010, c. 8, s. 38 (19, 20); 2014, c. 7, Sched. 23, s. 12; 2019, c. 4, Sched. 4, s. 2; 2021, c. 2, Sched. 2, s. 6 (1, 2); 2022, c. 23, Sched. 1, s. 6; 2023, c. 9, Sched. 24, s. 6 (1, 2). Net metering, single generator (1.1) The Lieutenant Governor in Council may make regulations, (a)  requiring a distributor mentioned in clause (1) (g.1) to apply any credit resulting from the application of a regulation made under that clause in accordance with such methods or criteria as may be prescribed; (b)  prescribing the methods or criteria mentioned in clause (a), which may include limiting or prohibiting the application or recognition of any credit in a manner which results in the reduction of fixed charges on an invoice. 2017, c. 34, Sched. 31, s. 2 (1). Subdelegation (1.2) A regulation made under clause (1) (g.9) may authorize the Board to determine a matter that may be prescribed by the Lieutenant Governor in Council under that clause. 2021, c. 2, Sched. 2, s. 6 (3); 2023, c. 9, Sched. 24, s. 6 (3). Retroactive (2) A regulation made under clause (1) (i.5), (i.9) or (z.7) may apply in respect of an amount payable before the day the regulation is filed. 2004, c. 23, Sched. B, s. 29 (12). Same (2.0.1) A regulation made under clause (1) (i.8), (i.9), (i.10) or (i.11) may apply with respect to a period before it is filed. 2004, c. 23, Sched. B, s. 29 (12). Conflict with market rules (2.0.2) In the event of a conflict, a regulation made under clause (1) (i.5), (i.6), (i.9), (i.10) or (i.11) prevails over the market rules to the extent of the conflict. 2004, c. 23, Sched. B, s. 29 (12). Net metering, other arrangements (2.1) The Lieutenant Governor in Council may make regulations, (a)  requiring a distributor, in prescribed circumstances and in the prescribed manner, to subtract the amount of electricity conveyed into the distribution system by a generator from the amount consumed from the system by a consumer, for billing purposes, if the generator and the consumer have entered into an agreement that meets the prescribed criteria; (b)  authorizing distributors and other persons to implement, in prescribed circumstances and in the prescribed manner, prescribed pilot or demonstration projects for the purpose of subtracting some or all of the electricity conveyed into a distribution system by one or more generators within one or more distributors’ service areas from the amount consumed from a distribution system by one or more consumers, for billing purposes, where the distributor, generator and other person, if any, and consumers to be billed as part of the project have entered into an agreement that meets prescribed criteria; (c)  governing agreements mentioned in clauses (a) and (b); (d)  requiring distributors to apply any credit to consumers resulting from a regulation made under clause (a) or (b) in accordance with such methods or criteria as may be prescribed; (e)  prescribing the methods or criteria mentioned in clause (d), which may include limiting or prohibiting the application or recognition of any credit in a manner which results in the reduction of fixed charges on a consumer’s invoice. 2017, c. 34, Sched. 31, s. 2 (2). Agreements (2.2) For the purposes of clause (2.1) (a), a consumer may enter into agreements with more than one generator in respect of one or more generation facilities. 2017, c. 34, Sched. 31, s. 2 (2). Regulations, Minister (2.3) The Minister may make regulations providing for amounts and classes of amounts a transmitter or distributor is required to pay that shall not be included in approving or fixing rates for the transmission or distribution of electricity, for the purposes of paragraph 2 of subsection 78 (5). 2023, c. 9, Sched. 24, s. 6 (4). General or particular (3) A regulation under this section may be general or particular in its application. 1998, c. 15, Sched. B, s. 88 (3). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.1 (24) - 01/06/2006; 1998, c. 15, Sched. B, s. 79.2 (5) - 01/06/2006; 1998, c. 15, Sched. B, s. 79.11 (1) - 01/05/2005 2002, c. 1, Sched. B, s. 10 (1, 2, 4, 7) - 27/06/2002; 2002, c. 1, Sched. B, s. 10 (3, 5, 6) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012; 2002, c. 23, s. 4 (14-18) - 09/12/2002 2003, c. 3, s. 56 (1-3) - 01/08/2003; 2003, c. 8, s. 11 (1-3) - 01/04/2004 2004, c. 23, Sched. B, s. 29 (1-12) - 01/01/2005 2006, c. 3, Sched. C, s. 6 - 03/05/2006 2009, c. 12, Sched. D, s. 15 - 09/09/2009 2010, c. 8, s. 38 (19) - 01/01/2011; 2010, c. 8, s. 38 (20) - 01/04/2015 2014, c. 7, Sched. 23, s. 12 (1-3) - 01/01/2005 2017, c. 34, Sched. 31, s. 2 (1, 2) - 14/12/2017 2019, c. 4, Sched. 4, s. 2 - 03/04/2019 2021, c. 2, Sched. 2, s. 6 (1-3) - 12/04/2021 2022, c. 23, Sched. 1, s. 6 - 15/03/2023 2023, c. 9, Sched. 24, s. 6 (1-4) - 08/06/2023 88.0.1 Repealed: 2014, c. 7, Sched. 23, s. 13. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 88.0.1 (19) - 01/01/2015 2002, c. 23, s. 4 (19) - 09/12/2002 2003, c. 8, s. 12 (1-6) - 01/04/2004 2004, c. 23, Sched. B, s. 30 (1-17) - 01/01/2005 2009, c. 33, Sched. 6, s. 77 - 01/06/2011 2014, c. 7, Sched. 23, s. 13 - 01/01/2015 part v.1   Gas Marketers and Retailers of Electricity — Standards and Audits