PART VI.1 ELECTRICITY INFRASTRUCTURE
Regulations
104.3 (1) The Lieutenant Governor in Council may make regulations governing the development of, use of or access to electricity infrastructure for the purposes of this Part, including, (a)  for the purposes of section 104.2 and the application of this Part, (i)  specifying or otherwise determining uses of and access to electricity infrastructure that are wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity, including, for greater certainty, anticipated or otherwise prospective uses and access, (ii)  specifying or otherwise determining development of electricity infrastructure that is wholly or partly for the purpose of providing for or otherwise enabling electricity infrastructure use or access that is wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity, including, for greater certainty, in relation to anticipated or otherwise prospective uses or access, and (iii)  prescribing persons and entities; (b)  prescribing powers and duties of the Board in relation to the development of, use of and access to electricity infrastructure to which this Part applies, and governing the exercise of those powers and performance of those duties; (c)  requiring the Board to amend conditions in licences issued under Part V to a transmitter, distributor or other prescribed person respecting the development of, use of or access to electricity infrastructure to which this Part applies, and specifying and governing the conditions; (d)  governing charges or costs for the development of, use of or access to electricity infrastructure to which this Part applies and governing the amounts of the charges or costs, including fixing the amounts, setting maximum or minimum amounts or prescribing methods or techniques for determining amounts or maximum or minimum amounts; (e)  requiring a transmitter, distributor or other prescribed person licensed under Part V to make arrangements with other parties or take any other steps, including entering into contracts, in relation to charges or costs referred to in clause (d) or otherwise in relation to the development of, use of or access to electricity infrastructure to which this Part applies; (f)  specifying provisions that must be included in contracts or other arrangements entered into by a transmitter, distributor or other prescribed person licensed under Part V in relation to the development of, use of or access to electricity infrastructure to which this Part applies, whether those contracts or other arrangements are required by regulations made under clause (e) or otherwise; (g)  specifying, with respect to a matter relating to the development of, use of or access to electricity infrastructure to which this Part applies, whether the Board is to hold a hearing, the circumstances under which a hearing may or may not be held and, if a hearing is to be held, the type of hearing to be held; (h)  requiring or directing the Board to require a transmitter, distributor or other prescribed person licensed under Part V to develop any specified aspect of its electricity infrastructure to which this Part applies, in a specified time and manner; (i)  governing the preparation or implementation of capital plans respecting the development of, use of or access to electricity infrastructure to which this Part applies by a transmitter, distributor or other prescribed person licensed under Part V, including, (i)  requiring or directing the Board to require the preparation or implementation of such capital plans, and (ii)  determining or directing the Board to determine requirements that the capital plans must meet, including that they contain specified information or be prepared or implemented by a specified time or in a specified manner; (j)  governing performance standards relating to the development of, use of or access to electricity infrastructure to which this Part applies, including establishing or directing the Board to establish such performance standards; (k)  governing the provision of information or reports respecting the development of, use of or access to electricity infrastructure to which this Part applies by a licensed transmitter or distributor or any other prescribed person, including, (i)  requiring or directing the Board to require the provision of such information or reports, and (ii)  determining or directing the Board to determine the information or reports that must be provided and the time and manner of the provision; (l)  for the purposes of the payment of compensation under section 104.4, (i)  governing amounts payable to a transmitter, distributor or other prescribed person licensed under Part V under that section, including prescribing methods or techniques for calculating or determining the amounts, (ii)  requiring the IESO to receive payments made by the Minister under that section and to make payments to a transmitter, distributor or other prescribed person licensed under Part V, and (iii)  requiring a transmitter, distributor or other prescribed person licensed under Part V to receive payments referred to in subclause (ii) or to participate in prescribed methods for receiving such payments; (m)  respecting anything that, in this Part, is described as being prescribed or that may or must be done by the regulations; (n)  providing that a provision of any other Part of this Act does not apply with respect to a matter to which this Part applies, or otherwise modifying the application of a provision of any other Part of the Act that applies with respect to a matter to which this Part applies; (o)  governing transitional matters arising from the enactment or application of this Part, including in relation to contracts or agreements respecting the development of, use of or access to electricity infrastructure that exist when this Part begins to apply to the development, use or access. 2021, c. 2, Sched. 2, s. 7. Licence conditions (2) Regulations made under clause (1) (c) may provide for licence conditions pertaining to any matter respecting the development of, use of or access to electricity infrastructure to which this Part applies, including, for greater certainty, respecting matters prescribed under clauses (1) (d), (e), (f), (h), (i), (j), (k) and (l). 2021, c. 2, Sched. 2, s. 7. General or particular (3) A regulation made under subsection (1) may be general or particular in its application, and may provide for different classes of development, use, access, electricity infrastructure, transmitters, distributors, other persons or entities or any other thing. 2021, c. 2, Sched. 2, s. 7. Retroactive (4) A regulation made under subsection (1) is, if it so provides, effective with respect to a period before it is filed. 2021, c. 2, Sched. 2, s. 7. Adoption by reference (5) A regulation made under subsection (1) may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted. 2021, c. 2, Sched. 2, s. 7. Publication (6) Documents adopted in accordance with subsection (5) shall be published on the Board’s website and made publicly available in any other manner the Board considers advisable. 2021, c. 2, Sched. 2, s. 7. Conflict (7) In the event of a conflict between a regulation made under subsection (1) and any other Part of this Act, the regulations, any other Act or regulation that is prescribed by the regulations, an order of the Board or a code issued under section 70.1, the regulation made under subsection (1) prevails to the extent of the conflict. 2021, c. 2, Sched. 2, s. 7. Operation unaffected (8) For greater certainty, subject to clause (1) (n) and subsection (7), an Act, regulation or other instrument that applies with respect to the development of, use of or access to electricity infrastructure continues to apply with respect to the development of, use of and access to electricity infrastructure to which this Part applies. 2021, c. 2, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 7 - 01/01/2022