jswizzle3737/ontario_laws_and_regs huggingface dataset:
Funding obligation
 2. (1) For the purposes of the definition of “funding obligation” in subsection 1 (1) of the Act, a payment obligation in respect of any of the following types of amounts is also a funding obligation if it is incurred by or on behalf of a financing entity: 1. A refinancing. 2. A derivative payment. 3. An amount raised for the purposes of a financing entity acquiring and financing an investment interest, including any amounts raised that also constitute, and are recoverable as, a finance amount. (2) Funding obligations include principal, interest, fees and other amounts owing in respect of the funding obligations.
Refinancing
 3. (1) For the purposes of the definition of “refinancing” in subsection 1 (1) of the Act, a refinancing includes the incurrence of a debt if the following criteria are met: 1. The debt is incurred no earlier than six months before the maturity date of a funding obligation. 2. The proceeds of the debt are designated by the Financial Services Manager to repay the funding obligation mentioned in paragraph 1. 3. The proceeds are applied as designated. (2) For greater certainty, if the proceeds mentioned in paragraph 2 of subsection (1) are not applied as designated, the debt ceases to be a refinancing but remains a funding obligation. Clean Energy Adjustment
Clean Energy Adjustment
nan
Unit sub-metering, collection
 4. For the purposes of subsection 13 (6) of the Act, amounts in respect of the clean energy adjustment may be collected by the specified consumer as follows: 1. If an invoice for electricity is issued to a person by the specified consumer, the specified consumer may collect from the person the person’s proportionate share of the amount of the clean energy adjustment shown on the invoice for electricity payable by the specified consumer. 2. If an invoice for electricity is issued to a person by a unit sub-meter provider providing unit sub-metering for a specified consumer, the unit sub-meter provider may collect from the person the person’s proportionate share of the amount of the clean energy adjustment shown on the invoice for electricity payable by the specified consumer.
Determining true up amount
 6. (1) Unless all funding obligations and other finance amounts are paid in full, the Financial Services Manager shall calculate the true up amount in respect of each reference period. (2) The Financial Services Manager may, at any time during a reference period, determine the true up amount in respect of the remaining portion of the reference period if, (a) all funding obligations and other finance amounts have not been paid in full; (b) the Board has made a determination under subsection 15 (4) of the Act in respect of the reference period; and (c) the Financial Services Manager reasonably forecasts that the collection of the clean energy adjustment will be insufficient to pay the estimated finance amount for a reference period. (3) Subject to section 6.1, the true up amount in respect of a reference period or a portion of the reference period shall be determined, as follows: T = (A − B) + C where, T = the true up amount in respect of the period of time, A = the aggregate of the finance amounts in respect of all reference periods preceding the current reference period and, if the determination is being made at a point in time during the current reference period, in respect of the portion of the current reference period that precedes the point in time, B = the aggregate of all amounts of the clean energy adjustment remitted to or for the benefit of the investment interest owners during all reference periods preceding the current reference period and, if the determination is being made at a point in time during the current reference period, in respect of the portion of the current reference period that precedes the point in time, C = the amount representing reasonably foreseeable differences between the amounts to be invoiced in respect of the clean energy adjustment and the amounts to be remitted by the IESO to the investment interest owners in respect of the invoices due to various factors, including those mentioned in subparagraphs 2 ii and iii of subsection 15 (2) of the Act. O. Reg. 206/17, s. 6 (3); O. Reg. 446/17, s. 3. (4) The Financial Services Manager shall, when determining the amounts described in “C” in the formula set out in subsection (3), have regard to amounts payable that were not collected and any amounts in respect of which an overpayment was made, which may include amounts resulting from a default of specified consumers, an electricity vendor or the IESO, whether in its capacity as an electricity vendor or its activities as agent or otherwise under section 16 or 17 of the Act. (5) If the Financial Services Manager determines that an error in the determination of the clean energy adjustment or any other error relating to the clean energy adjustment requires correction, the Financial Services Manager may reflect the correction in a subsequent determination of the true up amount.
Acceleration
 6.1 (1) Despite the acceleration of a funding obligation at any time, the Financial Services Manager shall, for the purposes of determining the clean energy adjustment and the true up amount under section 15 of the Act, determine the estimated finance amount and the true up amount as if no acceleration had occurred. O. Reg. 446/17, s. 4. (2) If the application of subsection (1) results in the estimated finance amount being less than what it would have otherwise been, the Financial Services Manager shall add an additional amount to the estimated finance amount determined under subsection (1), which additional amount shall be calculated as follows: 1. Estimate the sum of amounts that constitute the clean energy adjustment for each month during the reference period, determined in accordance with subsection (1). 2. Estimate the sum of amounts that would have, in the absence of subsection (1), constituted the clean energy adjustment for each month during the reference period. 3. Determine the lesser amount of the following: i. The sum estimated under paragraph 2. ii. The fair allocation amount for the reference period. 4. Determine the amount, if any, by which the amount determined under paragraph 3 exceeds the sum estimated under paragraph 1. O. Reg. 446/17, s. 4.
Notification to Board
 7. (1) The Financial Services Manager shall notify the Board of the clean energy adjustment in respect of a reference period or a portion of a reference period in accordance with this section. (2) Subject to subsection (6), until such time as all funding obligations and other finance amounts have been paid in full, the notification in respect of each reference period shall be provided, (a) in the case of a reference period that begins on May 1, on or before April 1 in the same year; and (b) in the case of a reference period that begins on November 1, on or before October 1 in the same year. (3) In addition to complying with subsection (2), the Financial Services Manager shall, starting on the day after the final scheduled payment date of the funding obligation described in subsection (4) and until such time as all funding obligations and other finance amounts have been paid in full, comply with subsection (5). (4) For the purposes of subsection (3), the relevant funding obligation is the outstanding funding obligation that has the latest maturity date of all outstanding funding obligations. (5) During the period of time mentioned in subsection (3), the Financial Services Manager shall update its most recent determination of the clean energy adjustment and notify the Board of the updated determination, (a) on or before January 1 in each year, in respect of the months of February, March and April in the same year; and (b) on or before July 1 in each year, in respect of the months of August, September and October in the same year. (6) If the Financial Services Manager makes a determination of the true up amount under subsection 6 (2) in respect of the remaining portion of a reference period, the Financial Services Manager shall redetermine the clean energy adjustment in respect of the remaining months in the reference period for which the Board has made a determination under subsection 15 (4) of the Act and notify the Board of the redetermination as soon as possible.
Board to determine rates
 8. (1) The Board shall, upon receiving a notice of the clean energy adjustment under section 7, determine the rates at which specified consumers are to be invoiced in respect of the period of time in respect of which the notice was given. (2) The rates shall be expressed as a cent per kWh amount and determined by dividing the clean energy adjustment in respect of the relevant period of time by the forecast electricity consumption of specified consumers in respect of the period. (3) For the purposes of subsection (2), the forecast electricity consumption of specified consumers shall be based on forecast information provided to the Board by the IESO. (4) If notice is provided under subsection 7 (2) or (5), the rates shall be determined by the Board so that the rate takes effect on the first day of the month following the month in which the notice was required to be provided. (5) If notice of a redetermination is provided under subsection 7 (6), the rates shall be determined by the Board so that they take effect, (a) if the notice was provided before the 15th day in a month, on the first day of the month following the month in which the notice was provided; or (b) if the notice was provided on or after the 15th day in a month, on the first day of the second month following the month in which the notice was provided.
IESO to receive, remit amounts
 9. (1) The IESO shall ensure that amounts actually received in respect of the clean energy adjustment under subsection 16 (1) of the Act are identifiable as such. (2) For the purposes of subsection 16 (4) of the Act, the IESO shall remit the amounts to the financing entities within a reasonable period of time.
IESO to pay, remit amounts re carrying costs of financing entity
 9.1 (1) During the period beginning on December 1, 2017 and ending on July 31, 2021, the IESO shall pay and remit to a financing entity any amounts charged to the IESO by the financing entity in respect of carrying costs of the financing entity during the period beginning on June 1, 2017 and ending on July 31, 2021. O. Reg. 415/17, s. 3. (2) For the purposes of determining the amounts to be paid and remitted under subsection (1), the IESO may rely on information provided by a financing entity with respect to the amounts. O. Reg. 415/17, s. 3. (3) The carrying costs of a financing entity for a period of time shall be determined as follows: 1. After eliminating any duplication in the following amounts, calculate the sum of the following amounts: i. Funding costs paid or payable during the period. ii. Derivative payments required to be made during the period. iii. Amounts deposited, as required under the governing documents of funding obligations, into accounts other than capital accounts during the period. iv. Financing entity expenses paid or payable during the period. v. Tax liabilities payable during the period. 2. After eliminating any duplication in the following amounts, calculate the sum of the following amounts: i. Amounts withdrawn, as permitted under the governing documents of funding obligations, from accounts other than capital accounts during the period. ii. Any payments received in connection with a derivative agreement, including ordinary course receipts, payments received on termination and payments received in connection with margining or collateral arrangements. iii. Tax refunds received during the period. 3. Subtract the sum calculated under paragraph 2 from the sum calculated under paragraph 1. O. Reg. 415/17, s. 3. (4) The determination of the carrying costs of a financing entity for a period of time shall be made on an accrual basis accounting method. O. Reg. 415/17, s. 3. (5) The IESO may grant security to a financing entity in order to secure its obligations to pay and remit present and future amounts due under this section. O. Reg. 415/17, s. 3.
Electricity vendors to invoice, collect
 10. (1) Each electricity vendor shall ensure that invoices issued to specified consumers include a separate line item for the amount in respect of the clean energy adjustment. (2) Each electricity vendor shall ensure that amounts collected from specified consumers in respect of the clean energy adjustment are deposited into a segregated account established for the purpose of receiving those amounts exclusively. (3) Each electricity vendor shall maintain separate records with respect to amounts invoiced to specified consumers in respect of clean energy adjustments. (4) Subject to any requirement to the contrary under any Act or regulation, each electricity vendor shall make the records mentioned in subsection (3) available, upon request, to the IESO, the Financial Services Manager, financing entities and investment interest owners. Financial Services Manager - Fees
Financial Services Manager - Fees
nan
Fees that may be established, charged
 10.1 (1) For the purposes of subsection 19 (3) of the Act, the fees established and charged by the Financial Services Manager may be charged to financing entities in relation to prescribed matters. O. Reg. 415/17, s. 4. (2) The Financial Services Manager shall not establish or charge any fees to financing entities other than those fees provided for under this Regulation. O. Reg. 415/17, s. 4.
Submission re general fee for 2017
 10.2 (1) The Financial Services Manager shall submit to the Board, on or before February 28, 2018, the proposed fee for the period beginning on June 1, 2017 and ending on December 31, 2017. O. Reg. 415/17, s. 4. (2) The proposed fee shall be the sum of the following: 1. $3.1 million, reflecting the amount of return payable on services provided by the Financial Services Manager in relation to prescribed matters during the period mentioned in subsection (1). 2. The amount of any costs and expenditures incurred by the Financial Services Manager in relation to prescribed matters during the period mentioned in subsection (1) and paid during the period mentioned in subsection (1). O. Reg. 415/17, s. 4. (3) The costs and expenditures referred to in subsection (2) include, but are not limited to, costs and expenditures in respect of the following: 1. Underwriters or selling agents for funding obligations. 2. Banking fees, including but not limited to structuring fees or work fees. 3. Fees of issuing and paying agents for funding obligations. 4. Fees of trustees. 5. Fees incurred in the preparation of financial statements, financial reports, compliance certificates and tax returns. 6. Fees of legal counsel. 7. Rating agency fees. 8. Filing or registration fees. 9. Direct costs of the Financial Services Manager for employees whose work for the Financial Services Manager consists exclusively of the provision of services to financing entities in relation to prescribed matters. 10. Costs and expenditures incurred on behalf of any financing entity in connection with the Financial Services Manager’s duties under the Act in relation to the financing entity. 11. Costs and expenditures incurred in relation to a management agreement between the Financial Services Manager and any financing entity, where the agreement provides for the reimbursement of the costs and expenditures. O. Reg. 415/17, s. 4. (4) The submission shall include written confirmation from the Financial Services Manager’s external auditor or another external auditor of the following: 1. That the amounts of the costs and expenditures that the Financial Services Manager seeks to recover through fees, as set out in the submission, are accurate. 2. That the amounts of the costs and expenditures, as set out in the submission, were incurred by the Financial Services Manager. 3. That, except in the case of amounts referred to in paragraph 9 of subsection (3), the amounts were paid to third parties. O. Reg. 415/17, s. 4.
Board review of general fee for 2017
 10.3 (1) The Board may, (a) subject to subsection (2), approve or refuse to approve the amount referred to in paragraph 1 of subsection 10.2 (2); and (b) subject to subsection (3), approve or refuse to approve a portion of the amount referred to in paragraph 2 of subsection 10.2 (2). O. Reg. 415/17, s. 4. (2)  For the purposes of clause (1) (a), the Board shall approve the amount if the Board is of the view that both of the following conditions are met: 1. Any financing entities were established during the period mentioned in subsection 10.2 (1). 2. Any funding obligations were incurred during the period or work was substantially completed during the period mentioned in subsection 10.2 (1) in order for funding obligations to be incurred after the end of the period mentioned in subsection 10.2 (1). O. Reg. 415/17, s. 4. (3) For the purposes of clause (1) (b), the Board may refuse to approve an amount of a cost or expenditure if the Board is of the view that the cost or expenditure was not incurred by the Financial Services Manager in relation to prescribed matters during the period mentioned in subsection 10.2 (1) or that the cost or expenditure was not paid by the Financial Services Manager during the period mentioned in subsection 10.2 (1). O. Reg. 415/17, s. 4.
Charging of general fee for 2017
 10.4 (1) If the Board approves a fee under section 10.3, the fee is payable no later than 30 days following the last day of the month in which the Board’s approval is given. O. Reg. 415/17, s. 4. (2) Where there is more than one financing entity, the portion of the fee allocated to and payable by a financing entity shall be based on a reasonable allocation as determined by the Financial Services Manager. O. Reg. 415/17, s. 4.
Submission re general fee for January 1, 2018 to March 31, 2019
 10.5 (1) The Financial Services Manager shall submit to the Board, on or before December 15, 2017, the proposed fee for the period beginning on January 1, 2018 and ending on March 31, 2019. O. Reg. 415/17, s. 4. (2) The Financial Services Manager shall establish the proposed fee for the period mentioned in subsection (1) as follows: 1. Apply the following formula in respect of each funding tranche that forms part of the sum of the principal amounts of funding tranches issued in the period, other than any funding tranches that constitute a refinancing: (A × (B − C)) × 0.10 Where, A = the principal amount of the funding tranche, B = the forecast interest rate for the funding tranche, and C = the actual interest rate for the funding tranche. 2. Calculate the sum of the amounts determined by applying the formula under paragraph 1. 3. If the result calculated under paragraph 2 is greater than the following, decrease the result to the following:  the amount that is 2 per cent of the amount that is 5 per cent of the sum of the principal amounts of funding tranches issued in the period, other than any funding tranches that constitute a refinancing. 4. If the result calculated under paragraph 2 is less than the following amount, increase the result to the following: the amount that is -2 per cent of the amount that is 5 per cent of the sum of the principal amounts of funding tranches issued in the period, other than any funding tranches that constitute a refinancing. 5. Calculate the amount that is 0.00625 per cent of the average monthly funding obligation for each month in the period mentioned in subsection (1). 6. Calculate the sum of the amount determined under paragraph 2 after applying paragraph 3 or 4, as the case may be, and all of the amounts calculated for months under paragraph 5. O. Reg. 415/17, s. 4. (3) If, subsequent to the initial submission to the Board under subsection (1), the Financial Services Manager determines that a funding tranche may be issued that was not contemplated in the initial submission, the following rules apply: 1. If the Board has not approved the proposed fee, the Financial Services Manager may notify the Board of the funding tranche and, on a day that is later than December 15, 2017 but before such day as may be specified by the Board, submit an amendment to the submission that sets out a forecast interest rate for that funding tranche. 2. If the Board has approved the proposed fee, the Financial Services Manager may notify the Board of the funding tranche and, before such day as may be specified by the Board, submit to the Board a forecast interest rate for that funding tranche as part of a proposal to amend the fee to include that funding tranche. O. Reg. 415/17, s. 4. (4) A proposal to amend a fee under paragraph 2 of subsection (3) shall be deemed, for the purpose of the Board’s review of the proposal, to be a new proposed fee under this section. O. Reg. 415/17, s. 4.
Board review of general fee
 10.6 (1) The Board may, (a) approve the fee proposed under section 10.5; or (b) refuse to approve the fee if the Board is of the view that any forecast interest rate used for the purposes of paragraph 1 of subsection 10.5 (2) is materially inconsistent with market comparable forecast interest rates. O. Reg. 415/17, s. 4. (2) If the Board refuses to approve the proposed fee, (a) the Board may make recommendations to the Financial Services Manager regarding each forecast interest rate that the Board found was materially inconsistent with market comparable forecast interest rates; and (b) the Financial Services Manager shall submit to the Board, (i) a revised proposed fee that takes into consideration the recommendations of the Board, if any, and (ii) a description of the methodology that the Financial Services Manager has applied to determine revised forecast interest rates for each funding tranche in respect of which the Board found an inconsistency with market comparable forecast interest rates. O. Reg. 415/17, s. 4. (3) If the Financial Services Manager submits a revised proposed fee, this section applies, with necessary modifications, to the submission as if it were the initial submission. O. Reg. 415/17, s. 4.
Charging of general fee
 10.7 (1) If the Board approves a fee under section 10.6, (a) subject to subsection (2), each monthly amount determined under paragraph 5 of subsection 10.5 (2) is payable no later than the last day of the month following the month in respect of which the amount was determined; and (b) all other amounts are payable no later than 30 days following the later of March 31, 2019 and the last day of the month in which the Board’s approval is given. O. Reg. 415/17, s. 4. (2) If the Board approves a fee under section 10.6 after January 1, 2018, each of the monthly amounts referred to in clause (1) (a) is payable no later than the later of, (a) the last day of the month following the month in respect of which the amount was determined; and (b) the last day of the month following the month in which the Board’s approval is given. O. Reg. 415/17, s. 4. (3) Where there is more than one financing entity, the portion of the fee allocated to and payable by a financing entity shall be based on a reasonable allocation as determined by the Financial Services Manager. O. Reg. 415/17, s. 4.
Submission re base and variable fees for 2019-2020, subsequent years
 10.8 (1) The Financial Services Manager shall submit to the Board, on or before February 28, 2019 and on or before February 28 in each subsequent year, the proposed base fee and variable fee for the period beginning on April 1 in the year of the submission and ending on March 31 in the following year. O. Reg. 415/17, s. 4. (2) In this section and sections 10.9 to 10.12, a reference to a year means the 12-month period beginning on April 1 and ending on the following March 31. O. Reg. 415/17, s. 4.
In-year amendments to base fee or variable fee
 10.11 (1) The Financial Services Manager may, no more frequently than once in any consecutive twelve-month period, make submissions to the Board to amend any fees approved by the Board under section 10.9 or 10.10, and section 10.9 or 10.10 applies, as the case may be and with necessary modifications, in respect of the submissions. O. Reg. 415/17, s. 4. (2) Nothing in subsection (1) authorizes an amendment to a fee that would result in the fee failing to meet the criteria for approval set out in section 10.9 or 10.10, as the case may be. O. Reg. 415/17, s. 4.
Charging of base and variable fees
 10.12 (1) If the Board approves a fee under section 10.9 or 10.10,  (a) in the case of a base fee, subject to subsection (2), the fee is payable no later than 30 days after the end of the month for which the fee is payable; and (b) in the case of a variable fee for a year, the fee is payable on the later of, (i) June 30 in the following year, or (ii) the last day of the third month following the month in which the Board’s approval is given. O. Reg. 415/17, s. 4. (2) If the Board approves a fee under section 10.9 after March 31, 2019, each of the monthly amounts referred to in clause (1) (a) is payable no later than the later of, (a) the last day of the month following the month in respect of which the amount was determined; and (b) the last day of the month following the month in which the Board’s approval is given. O. Reg. 415/17, s. 4. (3) If the variable fee for a year is a negative amount, it shall be deducted from the first payments of base fees payable in the following year until the amount has been fully deducted. O. Reg. 415/17, s. 4. (4) Where there is more than one financing entity, the portion of the fees allocated to and payable by a financing entity shall be based on, (a) in the case of a base fee, the financing entity’s proportionate share of the average principal amount of funding obligations for the applicable period; and (b) in the case of a variable fee, the portion of the variable fee attributable to the funding tranches issued by the financing entity. O. Reg. 415/17, s. 4. (5) If the Board approves an amendment to a fee under section 10.11, the fee as amended may be charged, (a) in the case of a base fee, starting in the month following the month in which the Board’s approval is given; and (b) in the case of a variable fee, in respect of funding tranches issued starting in the month following the month in which the Board’s approval is given. O. Reg. 415/17, s. 4.
Board review of fee for costs, expenditures
 10.14 (1) The Board may, (a) approve the fee proposed under section 10.13; or (b) subject to subsection (2), refuse to approve a portion of the amount included in the proposed fee relating to any costs and expenditures and approve the remainder of the proposed fee. O. Reg. 415/17, s. 4. (2) The Board may refuse to approve an amount of a cost or expenditure if the Board is of the view that the cost or expenditure was not incurred by the Financial Services Manager in relation to prescribed matters or that the cost or expenditure was not paid by the Financial Services Manager during the year to which the fee relates. O. Reg. 415/17, s. 4.
Charging of fee for costs, expenditures
 10.15 (1) If the Board approves a fee under section 10.14, the fee is payable no later than 30 days following the last day of the month in which the Board’s approval is given. O. Reg. 415/17, s. 4. (2) Where there is more than one financing entity, the portion of the fee allocated to and payable by a financing entity shall be based on a reasonable allocation as determined by the Financial Services Manager. O. Reg. 415/17, s. 4. Fair Allocation Amount
Fair Allocation Amount
nan
Prescribed period, amount
 11. (1) The prescribed period for the purposes of sub-subparagraph 1 ii B of subsection 20 (1) of the Act shall be the period beginning on January 1, 2005 and ending on April 30, 2017. (2) If the sum of the amounts determined under paragraphs 1 and 2 of subsection 20 (1) of the Act is less than or equal to the amount determined under paragraph 3 of subsection 20 (1) of the Act, the amount determined by applying the following formula is prescribed for the purposes of paragraph 5 of subsection 20 (1) of the Act: A = B − C where, A = the amount prescribed for the purposes of paragraph 5 of subsection 20 (1) of the Act, B = the sum of the amounts determined under paragraphs 1 and 2 of subsection 20 (1) of the Act, and C = the amount determined under paragraph 3 of subsection 20 (1) of the Act.
Determination of estimated financing costs
 12. (1) For the purposes of paragraph 2 of subsection 20 (1) of the Act, the estimated financing costs in respect of a reference period shall consist of the sum of the following amounts, after eliminating any duplication, that are forecast to become payable during the reference period: 1. Estimated funding costs. 2. Estimated financing entity expenses. 3. Estimated funding rebates. (2) In estimating amounts for the purposes of subsection (1), the Minister shall make the following assumptions: 1. The entire amount of the regulatory asset is transferred over time in accordance with section 26 of the Act. 2. The principal owing by a financing entity during a reference period is paid in full by applying funds that are forecast to be available to it under the Financing Plan after all other estimated finance amounts for the reference period have been paid in full. (3) For the purposes of subsection 20 (2) of the Act, the prescribed circumstances are that one or more determinations under section 9 or 11 of the Act in respect of a past reference period have resulted in a readjustment amount. (4) If the circumstances mentioned in subsection (3) apply, the Minister shall, in addition to calculating the sum of the costs set out in paragraphs 1 to 3 of subsection (1), calculate a portion of the readjustment amount that should be attributed to the reference period and include it in the determination of the estimated financing costs in respect of the reference period. (5) For the purposes of subsection (4), the Minister shall determine the portion to be attributed to the reference period in such a manner as to ensure that readjustment amounts are recovered equally over the remaining reference periods.
Minister’s considerations
 13. For the purposes of subsection 20 (3) of the Act, the Minister shall have regard to the following matters: 1. Electricity prices. 2. Interest rates. 3. Inflation. 4. Electricity consumption. 5. The useful life of the assets that are subject to contracts referred to in clause (a) of the definition of “clean energy costs” in subsection 1 (1) of the Act. Financing Plan
Financing Plan
nan
The Regulatory Asset
nan
Determination of IESO deferral
 15. The IESO may include the following amounts in the IESO deferral for each month: 1. The difference between the following amounts: i. The sum of all amounts payable to the IESO in the month by electricity vendors and specified consumers under the Electricity Act, 1998 and the market rules made under section 32 of that Act, without taking into account any of the following: A. Variances reported to and recorded monthly by the IESO in a variance account under section 5 of Ontario Regulation 430/04 (Payments Re Section 25.33 of the Act) made under that Act. B. Rates determined by the Board under Part II of the Act. ii. The sum of all amounts payable in the same month by electricity vendors and specified consumers to the IESO, taking into account rates determined under Part II of the Act. 2. The costs incurred by the IESO in relation to the financing of the difference between the amounts referred to in subparagraphs 1 i and ii. 3. Any amounts incurred by the IESO on or after May 1, 2017 and before the Act came into force.
Adjustments that may be recorded by the IESO
 16. For the purposes of paragraph 3 of subsection 24 (1) of the Act, the IESO shall record the following adjustments in a variance account each month: 1. All funding rebates and other amounts paid by the IESO to a financing entity during the month. 2. Any variance account balances in variance accounts established and maintained under subsection 25.33 (5) of the Electricity Act, 1998 and costs incurred in relation to the balances. 3. Any amounts paid or incurred by the IESO under section 9.1. O. Reg. 206/17, s. 16; O. Reg. 415/17, s. 5. Miscellaneous
Investment asset
 17. The prescribed accounts referred to in paragraph 3 of subsection 29 (1) of the Act are as follows: 1. Any specifically identified segregated account, regardless of the name in which the account is opened, if it is opened by the IESO or an electricity vendor and if amounts in respect of the clean energy adjustment are deposited into it. 2. Any accounts opened in the name of a financing entity by the Financial Services Manager.
Appointment of agent, invoicing or collection
 18. For the purposes of subsection 33 (1) of the Act, the appointment may occur if the electricity vendor is unable or unwilling to perform its obligations under the Act, including if the electricity vendor becomes insolvent, bankrupt or enters into receivership.
Disclosure in marketing materials, offering documents, etc.
 19. For the purposes of section 40 of the Act, a person may include the references in marketing materials or offering documents if, (a) the inclusion is required by applicable law or is necessary for the purposes of any financing of funding obligations, including any requests for disclosure by rating agencies; and (b) the Minister has been given written notice of the proposed inclusion of the references and has been given a reasonable opportunity to comment. 20. Omitted (provides for coming into force of provisions of this Regulation).