Payments under s. 79.1 (12), (14) or (15) of the Act
3.1 (1) Subject to subsection (5), the amount of a payment by a distributor or retailer to a consumer under subsection 79.1 (12), (14) or (15) of the Act shall be determined in accordance with the following formula: (A + B + C) – (D + E + F) where, A = subject to subsection (2), the total amount that the consumer was charged, by the distributor or retailer, in respect of the commodity price for electricity used, including total losses, during the period from May 1, 2002 to November 30, 2002, 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, including total losses, during the period from May 1, 2002 to November 30, 2002, C = subject to subsections (2), (3) and (4), the total amount that the consumer was charged, by the IESO, in respect of the commodity price for electricity withdrawn from the IESO-controlled grid, as determined in accordance with the market rules, during the period from May 1, 2002 to November 30, 2002, D = subject to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, including total losses, during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period, E = 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, including total losses, during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period, F = subject to subsections (2), (3) and (4), the total amount that the consumer would have been charged, by the IESO, in respect of the commodity price for electricity withdrawn from the IESO-controlled grid, as determined in accordance with the market rules, during the period from May 1, 2002 to November 30, 2002, if the commodity price for electricity had been 4.3 cents per kilowatt hour during that period. O. Reg. 433/02, s. 3; O. Reg. 479/05, s. 1. (2) If May 1, 2002 falls within a billing period that includes any day before that day, or if November 30, 2002 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 November 30, 2002. O. Reg. 433/02, s. 3. (3) The amounts of “B”, “C”, “E” and “F” in subsection (1) shall be deemed to be zero unless, not later than September 30, 2003, the distributor or retailer receives, from the consumer or another person, the information necessary to determine those amounts. O. Reg. 433/02, s. 3; O. Reg. 51/03, s. 1. (4) Despite subsection (3), the amounts of “C” and “F” in subsection (1) shall be deemed to be zero if the consumer is entitled to a payment from the IESO under subsection 79.2 (1) of the Act. O. Reg. 433/02, s. 3; O. Reg. 479/05, s. 1. (5) The amount of a payment under subsection 79.1 (12) of the Act is the amount determined under subsection (1), reduced by $75. O. Reg. 433/02, s. 3. (6) A distributor or retailer is required to make a payment under subsection 79.1 (12) of the Act to a low-volume consumer, in the amount determined under subsection (5), if the amount determined under subsection (5) is greater than zero. O. Reg. 433/02, s. 3. (7) The amount of the payment that a distributor or retailer is required to make under subsection 79.1 (14) or (15) of the Act to a designated consumer is the amount determined under subsection (1) or zero, whichever is greater. O. Reg. 433/02, s. 3. (8) A person who is required to make a payment under subsection 79.1 (12), (14) or (15) of the Act shall do so, (a) by crediting the consumer’s account and showing the credit on an invoice issued to the consumer; or (b) by mailing or hand-delivering a cheque to the consumer at the most recent address known to the person. O. Reg. 433/02, s. 3.