hordruma/ontario_laws_and_regs huggingface dataset:
PART V REGULATION OF ELECTRICITY
Failure to meet financial obligations, reliability standards, etc.
59.1 (1) Subsection (2) applies if the Board has determined that a transmitter or distributor, (a)  has failed or is likely to fail to meet its financial obligations as they become due, or that the financial condition of the transmitter or distributor has otherwise significantly deteriorated; or (b)  may not be able to meet, (i)  a reliability standard as defined in subsection 2 (1) of the Electricity Act, 1998, (ii)  a reliability standard provided for in an order, licence or code issued by the Board, or in the market rules established under section 32 of the Electricity Act, 1998, or (iii)  a standard prescribed by regulation under this Act. 2015, c. 29, s. 11. Appointment (2) Where any of the circumstances in subsection (1) apply, the Board may appoint a supervisor to, (a)  supervise the management of the business of the transmitter or distributor; and (b)  prepare such reports and information, including any recommendations, as may be required by the Board, and file them with the Board. 2015, c. 29, s. 11. Provision of information to supervisor (3) The transmitter or distributor shall promptly provide the supervisor with such assistance, information and access to documents or records relating to the business of the transmitter or distributor as the supervisor may reasonably request, within the time period and in the form reasonably requested by the supervisor. 2015, c. 29, s. 11. Board orders (4) Upon receipt of a report or information from a supervisor under clause (2) (b), the Board may order that the transmitter or distributor take such remedial steps as the Board considers appropriate, having regard to the report or information and any recommendations made by the supervisor. 2015, c. 29, s. 11. Term and renewal of appointment (5) An appointment under subsection (2) shall be for a specified term that does not exceed one year and may be renewed once. 2015, c. 29, s. 11. Costs (6) The Board may order that the costs incurred by the Board or the supervisor under this section shall be paid by the transmitter or the distributor, or as otherwise determined by the Board. 2015, c. 29, s. 11. May act without notice (7) The Board may act under this section without notice and without a hearing. 2015, c. 29, s. 11. Hearing to review (8) The Board shall, upon the request of a transmitter or distributor against whom an order has been made under subsection (4), hold a hearing to review the order. 2015, c. 29, s. 11. Evidence, etc. (9) Sections 110 to 112 apply, with necessary modifications, to a supervisor appointed under this section, to documents, records and information obtained by a supervisor, and to reports and information prepared by a supervisor under clause (2) (b). 2015, c. 29, s. 11. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 11 - 04/03/2016
PART V REGULATION OF ELECTRICITY
Application for licence
60 (1) A person may apply to the Board for the issuance or renewal of a licence authorizing one or more of the activities referred to in section 57 as specified in the application. 1998, c. 15, Sched. B, s. 60 (1); 2003, c. 3, s. 43 (1). (2) Repealed:  2003, c. 3, s. 43 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 43 (1, 2) - 01/08/2003 61 Repealed:  2003, c. 3, s. 44. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 44 - 01/08/2003 62 Repealed:  2003, c. 3, s. 44. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 44 - 01/08/2003 63 Repealed:  2003, c. 3, s. 44. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 44 - 01/08/2003 64 Repealed:  2003, c. 3, s. 44. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 44 - 01/08/2003 65 Repealed:  2003, c. 3, s. 44. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 44 - 01/08/2003
PART V REGULATION OF ELECTRICITY
Mutual access, electricity generated outside Ontario
66 If an application for a licence relates to electricity generated from facilities located in a jurisdiction outside of Ontario, the Board may, in determining whether or not to issue a licence, have regard to whether that jurisdiction allows for equivalent access to its electricity markets for electricity generated from facilities located in Ontario. 1998, c. 15, Sched. B, s. 66; 2003, c. 3, s. 45. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 45 - 01/08/2003 67 Repealed:  2003, c. 3, s. 46. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 46 - 01/08/2003 68 Repealed:  2003, c. 3, s. 46. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 46 - 01/08/2003 69 Repealed:  2003, c. 3, s. 46. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 46 - 01/08/2003
PART V REGULATION OF ELECTRICITY
Codes that may be incorporated as licence conditions
70.1 (1) The chief executive officer may issue codes that, with such modifications or exemptions as may be specified by the Board under section 70, may be incorporated by reference as conditions of a licence under that section. 2003, c. 3, s. 48; 2019, c. 6, Sched. 2, s. 20 (1). (2) Repealed: 2019, c. 6, Sched. 2, s. 20 (2). Approval, etc., of Board (3) A code issued under this section may provide that an approval, consent or determination of the Board is required, with or without a hearing, for any of the matters provided for in the code. 2003, c. 3, s. 48. Incorporation of standards, etc. (4) A code issued under this section may incorporate by reference, in whole or in part, any standard, procedure or guideline. 2003, c. 3, s. 48. Scope (5) A code may be general or particular in its application and may be limited as to time or place or both. 2003, c. 3, s. 48. Legislation Act, 2006, Part III (6) Part III (Regulations) of the Legislation Act, 2006 does not apply to a code issued under this section. 2003, c. 3, s. 48; 2006, c. 21, Sched. F, s. 136 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 70.1 (6) of the Act is repealed. (See: 2019, c. 6, Sched. 2, s. 20 (3)) Transition (7) The following documents issued by the Board, as they read immediately before this section came into force, shall be deemed to be codes issued under this section and the chief executive officer may change or amend the codes in accordance with this section and sections 70.2 and 70.3: 1.  The Affiliate Relationships Code for Electricity Transmitters and Distributors. 2.  The Distribution System Code. 3.  The Electricity Retailer Code of Conduct. 4.  The Retail Settlement Code. 5.  The Transmission System Code. 6.  Such other documents as are prescribed by the regulations. 2003, c. 3, s. 48; 2019, c. 6, Sched. 2, s. 20 (4). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 48 - 01/08/2003 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2019, c. 6, Sched. 2, s. 20 (1, 2, 4) - 01/10/2020; 2019, c. 6, Sched. 2, s. 20 (3) - not in force
PART V REGULATION OF ELECTRICITY
Effective date and gazette publication
70.3 (1) A code issued under section 70.1 comes into force on the day specified in the code. 2003, c. 3, s. 48. Publication (2) The Board shall publish every code that comes into force in The Ontario Gazette as soon after the code is issued as practicable. 2003, c. 3, s. 48. Effect of non-publication (3) A code that is not published is not effective against a person who has not had actual notice of it. 2003, c. 3, s. 48. Effect of publication (4) Publication of a code in The Ontario Gazette, (a)  is, in the absence of evidence to the contrary, proof of its text and of its issuance; and (b)  shall be deemed to be notice of its contents to every person subject to it or affected by it. 2003, c. 3, s. 48. Judicial notice (5) If a code is published in The Ontario Gazette, judicial notice shall be taken of it, of its content and of its publication. 2003, c. 3, s. 48. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 48 - 01/08/2003
PART V REGULATION OF ELECTRICITY
Restriction on business activity
71 (1) Except as provided by this section or the regulations, and subject to subsection 70 (9), a transmitter or distributor shall not, except through one or more affiliates, carry on any business activity other than transmitting or distributing electricity. 2004, c. 23, Sched. B, s. 12; 2021, c. 2, Sched. 2, s. 4 (1). Exception (2) Subject to section 80 and such rules as may be prescribed by the regulations, a transmitter or distributor may provide services in accordance with section 29.1 of the Electricity Act, 1998 that would assist the Government of Ontario in achieving its goals in electricity conservation, including services related to, (a)  the promotion of electricity conservation and the efficient use of electricity; (b)  electricity load management; or (c)  the promotion of cleaner energy sources, including alternative energy sources and renewable energy sources. 2004, c. 23, Sched. B, s. 12. Exception (3) A distributor may own and operate, (a)  a renewable energy generation facility that does not exceed 10 megawatts or such other capacity as may be prescribed by regulation and that meets any criteria that may be prescribed by the regulations; (b)  a generation facility that uses technology that produces power and thermal energy from a single source and that meets any criteria that may be prescribed by the regulations; or (c)  a facility that is an energy storage facility and that meets any criteria that may be prescribed by the regulations. 2009, c. 12, Sched. D, s. 11; 2011, c. 1, Sched. 4, s. 1; 2021, c. 2, Sched. 2, s. 4 (2). Exception in special circumstances (4) The Board may, if in its opinion special circumstances of a particular case so require, authorize a transmitter or distributor to carry on a business activity other than transmitting or distributing electricity other than through one or more affiliates, in accordance with an order of the Board. 2015, c. 29, s. 13; 2021, c. 2, Sched. 2, s. 4 (3). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 12 - 01/01/2005 2009, c. 12, Sched. D, s. 11 - 09/09/2009 2011, c. 1, Sched. 4, s. 1 - 30/03/2011 2015, c. 29, s. 13 - 04/03/2016 2021, c. 2, Sched. 2, s. 4 (1-3) - 12/04/2021
PART V REGULATION OF ELECTRICITY
Separate accounts
72 Every distributor shall keep its financial records associated with distributing electricity separate from its financial records associated with other activities. 1998, c. 15, Sched. B, s. 72. 73 Repealed: 2015, c. 29, s. 14 Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (9) - 09/12/2002 2015, c. 29, s. 14 - 04/03/2016
PART V REGULATION OF ELECTRICITY
Amendment of licence
74 (1) 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 this Act; or (b)  in the public interest, having regard to the objectives of the Board and the purposes of the Electricity Act, 1998. 2004, c. 23, Sched. B, s. 13. Further power to amend (2) In addition to its power to amend a licence under subsection (1), the Board may amend a licence under section 38 of the Electricity Act, 1998. 2004, c. 23, Sched. B, s. 13. Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (10) - 09/12/2002 2004, c. 23, Sched. B, s. 13 - 01/01/2005 75 Repealed:  2003, c. 3, s. 49. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 49 - 01/08/2003 76 Repealed:  2003, c. 3, s. 50. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (5) - 06/12/2000 2003, c. 3, s. 50 - 01/08/2003
PART V REGULATION OF ELECTRICITY
Suspension or revocation, Board consideration
77 (1)-(4) Repealed:  2003, c. 3, s. 51 (1). Cancellation of licence (5) The Board may cancel a licence upon the request in writing of the licence holder. 1998, c. 15, Sched. B, s. 77 (5); 2003, c. 3, s. 51 (2). (6) Repealed:  2000, c. 26, Sched. D, s. 2 (6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (6) - 06/12/2000 2003, c. 3, s. 51 (1, 2) - 01/08/2003 Orders by Board, electricity rates
PART V REGULATION OF ELECTRICITY
Payments to the Financial Corporation 
78.2 (1) The IESO shall make payments to the Financial Corporation with respect to the Financial Corporation’s contracts with generators relating to output generated at generation facilities prescribed by the regulations and the provision of ancillary services at those generation facilities. 2004, c. 23, Sched. B, s. 16. Payment amounts (2) The payments to the Financial Corporation in respect of a contract referred to in subsection (1) shall equal the amounts required to reimburse the Financial Corporation for its indirect costs, as determined under the regulations, and its direct costs under the contract. 2004, c. 23, Sched. B, s. 16. (3) Repealed:  2014, c. 7, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 16 - 01/01/2005 2014, c. 7, Sched. 23, s. 8 - 01/01/2015 78.3 Repealed:  2014, c. 7, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 17 - 01/01/2005 2014, c. 7, Sched. 23, s. 9 - 01/01/2015 78.4 Repealed:  2014, c. 7, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 18 - 01/01/2005 2014, c. 7, Sched. 23, s. 9 - 01/01/2015
PART V REGULATION OF ELECTRICITY
Payments to distributors under conservation and demand management programs
78.5 (1) The IESO shall make payments to a distributor with respect to amounts approved by the Board for conservation and demand management programs approved by the Board pursuant to a directive issued under section 27.2. 2014, c. 7, Sched. 23, s. 10 (1). Amount and timing of payment (2) The amount and timing of each payment referred to in subsection (1) shall be determined by the Board in accordance with such rules, methods and criteria as may be prescribed by the regulations or mandated by a code issued by the Board or an order of the Board. 2009, c. 12, Sched. D, s. 13. Regulations review (3) A regulation made under subsection (2) may require the Board to undertake its review of the amounts referred to in this section at the time or times prescribed by the regulation. 2009, c. 12, Sched. D, s. 13. (4) Repealed:  2014, c. 7, Sched. 23, s. 10 (2). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 19 - 01/01/2005 2009, c. 12, Sched. D, s. 13 - 09/09/2009 2014, c. 7, Sched. 23, s. 10 (1, 2) - 01/01/2015
PART V REGULATION OF ELECTRICITY
Conflict with market rules
78.6 In the event of a conflict, sections 78.1, 78.2 and 78.5 prevail over the market rules to the extent of the conflict. 2009, c. 12, Sched. D, s. 13; 2014, c. 7, Sched. 23, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 13 - 09/09/2009 2014, c. 7, Sched. 23, s. 11 - 01/01/2015
PART V REGULATION OF ELECTRICITY
Application
79.5 Sections 79.6 through 79.11 apply to the programs provided for under sections 79, 79.2, 79.3 and 79.4 to the extent that they are funded by money appropriated for those purposes by the Legislature. 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 2004, c. 23, Sched. B, s. 23 - 01/01/2005 2017, c. 16, Sched. 2, s. 4 - 01/06/2017
PART V REGULATION OF ELECTRICITY
Definition
79.6 In sections 79.7 to 79.11, “Finance Minister” means the Minister of Finance or such other member of the Executive Council to whom the administration of those sections is assigned under the Executive Council Act. 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. 6 (1-3) - 01/04/2004 2017, c. 16, Sched. 2, s. 4 - 01/06/2017
PART V REGULATION OF ELECTRICITY
Records
79.7 (1) Every distributor and every other person prescribed by regulation shall keep at a location in Ontario such records as are necessary to determine and verify compliance with sections 79, 79.2, 79.3 and 79.4 and the regulations associated with them and any records required by those regulations to be kept. 2017, c. 16, Sched. 2, s. 4. Electronic records (2) If a person keeps records in an electronic form, the person shall ensure that, from the time the records are first made and for as long as they are required to be retained, (a)  they remain complete and unaltered, apart from any changes or additions made in the normal course of communication, storage or display; and (b)  they are capable of being printed and of being produced in electronically readable format for inspection, examination or audit. 2017, c. 16, Sched. 2, s. 4. Retention of records (3) Records required to be kept under subsection (1) shall not be destroyed unless authorization has been given in writing by the Finance Minister. 2017, c. 16, Sched. 2, s. 4. Offence (4) Every person who fails to keep records in accordance with this section is guilty of an offence and, on conviction, is liable to a fine of not less than $50 and not more than $5,000. 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. 7 - 01/04/2004 2017, c. 16, Sched. 2, s. 4 - 01/06/2017
PART V REGULATION OF ELECTRICITY
Form of invoice for prescribed classes of consumers
79.17 (1) The Minister may require that invoices issued in respect of electricity to consumers who are members of a class of consumers prescribed by the regulations meet requirements to be prescribed by the regulations or be in a form approved by the Minister. 2010, c. 8, s. 38 (18). Different forms (2) The regulations may prescribe or the Minister may approve different requirements for invoices and may prescribe or specify the circumstances in which each requirement shall apply or be used and the Minister may approve different forms of invoices and the circumstances under which the forms are to be used. 2010, c. 8, s. 38 (18). Errors (3) No defect, error or omission in the form or substance of an invoice issued in respect of electricity to a consumer referred to in subsection (1) invalidates any proceeding for the recovery of the amount payable under the invoice. 2004, c. 23, Sched. B, s. 26. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 26 - 01/01/2005 2010, c. 8, s. 38 (18) - 01/04/2015
PART V REGULATION OF ELECTRICITY
Prohibition, generation by transmitters or distributors
80 No transmitter or distributor or affiliate of a transmitter or distributor shall acquire an interest in a generation facility in Ontario, construct a generation facility in Ontario or purchase shares of a corporation that owns a generation facility in Ontario unless it has first given notice of its proposal to do so to the Board and the Board, (a)  has not issued a notice of review of the proposal within 60 days of the filing of the notice; or (b)  has approved the proposal under section 82. 1998, c. 15, Sched. B, s. 80.
PART V REGULATION OF ELECTRICITY
Prohibition, transmission or distribution by generators
81 No generator or affiliate of a generator shall acquire an interest in a transmission or distribution system in Ontario, construct a transmission or distribution system in Ontario or purchase shares of a corporation that owns a transmission or distribution system in Ontario unless it has first given notice of its proposal to do so to the Board and the Board, (a)  has not issued a notice of review of the proposal within 60 days of the filing of the notice; or (b)  has approved the proposal under section 82. 1998, c. 15, Sched. B, s. 81.
PART V REGULATION OF ELECTRICITY
Review of acquisition
82 (1) If the Board has issued a notice of review under section 80 or 81, it shall expeditiously proceed to review the proposal. 1998, c. 15, Sched. B, s. 82 (1). Order (2) The Board shall make an order approving a proposal described in section 80 if it determines that, (a)  the impact of the proposal would not adversely affect the development and maintenance of a competitive market and the proposal is not inconsistent with the objectives of the Board or the purposes of the Electricity Act, 1998; or (b)  the proposal is required to maintain the reliability of the transmission or distribution system of the relevant transmitter or distributor.  2017, c. 2, Sched. 10, s. 2 (6). Same (3) The Board shall make an order approving a proposal described in section 81 if it determines that, (a)  the impact of the proposal would not adversely affect the development and maintenance of a competitive market; and (b)  the proposal is not inconsistent with the objectives of the Board or the purposes of the Electricity Act, 1998.  2017, c. 2, Sched. 10, s. 2 (7). Condition for making order (4) Unless the Board makes the determination described in subsection (2) or (3), it shall not make an order approving a proposal described in section 80 or 81, respectively. 1998, c. 15, Sched. B, s. 82 (4). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 10, s. 2 (6, 7) - 22/03/2017
PART V REGULATION OF ELECTRICITY
Exemptions
82.1 (1) The Board may, without a hearing, establish criteria exempting one or more classes of transactions or construction activities from the application of section 80 or 81.  2017, c. 2, Sched. 10, s. 2 (8). No notice if exempt (2) A person is not required to give notice of a proposal under section 80 or 81 if the proposal meets the criteria established by the Board under subsection (1).  2017, c. 2, Sched. 10, s. 2 (8). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 10, s. 2 (8) - 22/03/2017
PART V REGULATION OF ELECTRICITY
Standards, targets and criteria
83 (1) The Board may establish standards, targets and criteria for evaluation of performance by generators to whom section 78.1 applies, transmitters, distributors and retailers. 1998, c. 15, Sched. B, s. 83 (1); 2004, c. 23, Sched. B, s. 27 (1). Regard for standards, targets (2) The Board may have regard to the standards, targets and criteria referred to in subsection (1) in exercising its powers and performing its duties under this or any other Act in relation to generators to whom section 78.1 applies, transmitters, distributors and retailers, including establishing the conditions of a licence. 1998, c. 15, Sched. B, s. 83 (2); 2004, c. 23, Sched. B, s. 27 (2). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 27 (1, 2) - 01/01/2005
PART V REGULATION OF ELECTRICITY
Distinction between transmission and distribution, determination
84 In making a decision in any proceeding under this Part or under the Electricity Act, 1998, the Board may determine that, (a)  a system or part of a system that forms part of a transmission system is a distribution system or part of a distribution system; and (b)  a system or part of a system that forms part of a distribution system is a transmission system or part of a transmission system. 1998, c. 15, Sched. B, s. 84; 2003, c. 3, s. 53. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 53 - 01/08/2003 85 Repealed:  2003, c. 3, s. 54. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 54 - 01/08/2003
PART V REGULATION OF ELECTRICITY
Board to monitor markets
87 (1) The Board shall monitor markets in the electricity sector and may report to the Minister on the efficiency, fairness, transparency and competitiveness of those markets. 1998, c. 15, Sched. B, s. 87 (1). Board to advise Minister (2) The Board shall advise the Minister with respect to any of the following matters if requested by the Minister to do so or if the Board considers it advisable to do so: 1.  Any abuse or potential abuse of market power in the electricity sector. 2.  The circumstances giving rise to or that is capable of giving rise to unintended outcomes or effects that operate contrary to the interests of competition. 2004, c. 23, Sched. B, s. 28. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 28 - 01/01/2005