Payments under s. 79.1 (14) or (15) of the Act
3.1.1 (1) Despite section 3.1 and subject to subsection (5), the amount of a payment by a distributor or retailer to a designated farming consumer under subsection 79.1 (14) or (15) of the Act shall be determined in accordance with the following formula: (A + B) – (C + D) where, A = subject to subsection (2), the total amount that the consumer was charged by that distributor or retailer, in respect of the commodity price for electricity used in connection with their farming business only, including total losses, during the period from May 1, 2002 to March 31, 2003, B = subject to subsections (2) and (3), the total amount that the consumer was charged by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used in connection with their farming business only, including total losses, during the period from May 1, 2002 to March 31, 2003, C = subject to subsection (2), the total amount that the consumer would have been charged, by the distributor or retailer, in respect of the commodity price for electricity used in connection with their farming business only, including total losses, during the period from May 1, 2002 to March 31, 2003, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period, D = subject to subsections (2) and (3), the total amount that the consumer would have been charged, by other persons that were distributors or retailers that billed the consumer under retailer-consolidated billing, in respect of the commodity price for electricity used in connection with their farming business only, including total losses, during the period from May 1, 2002 to March 31, 2003, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period. O. Reg. 99/03, s. 2. (2) If May 1, 2002 falls within a billing period that includes any day before that day, or if March 31, 2003 falls within a billing period that includes any day after that day, a distributor or retailer may, for the purpose of subsection (1), estimate the amounts charged during that billing period that relate to electricity used during the period from May 1, 2002 to March 31, 2003. O. Reg. 99/03, s. 2. (3) The amounts of “B” and “D” in subsection (1) shall be deemed to be zero unless, not later than September 30, 2003, the distributor or retailer receives, from the designated farming consumer or another person, the information necessary to determine those amounts. O. Reg. 99/03, s. 2. (4) A designated farming consumer, (a) shall make a request for a payment under subsection (1) by September 30, 2003; and (b) shall provide with the request a declaration, signed by the consumer, attesting to the amount of electricity that was used in connection with the consumer’s farming business only, in order to verify the amount of electricity that is to be used for the purposes of the calculations under subsection (1). O. Reg. 99/03, s. 2. (5) A distributor or retailer is required to make a payment under subsection 79.1 (14) or (15) of the Act to a designated farming consumer in the amount determined under subsection (1), if the amount determined under subsection (1) is greater than zero. O. Reg. 99/03, s. 2. (6) A distributor or retailer who is required to make a payment under subsection 79.1 (14) or (15) of the Act to a designated farming consumer shall do so by crediting the consumer’s account and showing the credit on an invoice issued to the consumer. O. Reg. 99/03, s. 2. (7) In this section, “designated farming consumer” means a designated consumer described in paragraph 8 of subsection 1 (2) of Ontario Regulation 161/99. O. Reg. 94/05, s. 2.