Use of meters for billing purposes in new and existing buildings
 40. (1) No person shall bill a consumer based on the consumption or use of electricity by the consumer in respect of a unit as measured by a suite meter except in accordance with the Act, the Ontario Energy Board Act, 1998, the Electricity Act, 1998, this Part and any applicable code or order issued by the Board.  O. Reg. 389/10, s. 40 (1). (2) For the purposes of subsection 34 (2) of the Act and subject to subsection (3), a suite meter provider shall bill a member of a class of consumers described in Column 2 of the following Table based on the consumption or use of electricity in respect of a unit described in Column 3, opposite the class of consumers, as measured by a suite meter, in the circumstances described in Column 4 opposite the class of consumers. Table  Column 1 Item   Column 2 Class of consumers   Column 3 Class of units   Column 4 Circumstances 

  1.   Occupant   Rental unit   The suite meter was installed in respect of the rental unit in accordance with section 33 of the Act and this Part, and the residential landlord, (a) has terminated its obligation to supply electricity to the rental unit under the tenancy agreement pursuant to subsection 137 (3) of the Residential Tenancies Act, 2006; or (b) does not have an obligation under the tenancy agreement for the rental unit to supply electricity to the rental unit. 

  2.   Residential landlord, owner or other person in charge of a residential complex    Common elements of the residential complex   The suite meter was installed in respect of the common elements in the residential complex in accordance with section 33 of the Act and this Part. 

  3.   Person who is both owner and occupant of a condominium unit   The condominium unit   The suite meter was installed in respect of the condominium unit in accordance with section 33 of the Act and this Part. 

  4.   Condominium corporation or other person in charge of the condominium building   Common elements of the condominium building   The suite meter was installed in respect of the common elements of the condominium building in accordance with section 33 of the Act and this Part. 

  5.   Occupant   Member unit   The suite meter was installed in respect of the member unit of the non-profit housing co-operative building in accordance with section 33 of the Act and this Part. 

  6.   Non-profit housing co-operative   Common elements of the non-profit housing co-operative building   The suite meter was installed in respect of the common elements of the non-profit housing co-operative building in accordance with section 33 of the Act and this Part. 

  7.   Occupant   Demised premises   The suite meter was installed in respect of the demised premises in accordance with section 33 of the Act and this Part, and the commercial landlord does not have an obligation under the commercial lease for the demised premises to supply electricity to the demised premises.   

  8.   Commercial landlord, owner or other person in charge of the commercial building   Common elements of the commercial building   The suite meter was installed in respect of the common elements of the commercial building in accordance with section 33 of the Act and this Part. O. Reg. 389/10, s. 40 (2). (3) A suite meter provider shall not bill an occupant of a rental unit or a member unit based on the consumption or use of electricity by the occupant in respect of the unit, as measured by a suite meter, if, (a)  the suite meter was installed after January 1, 2011 but is not deemed under subsection 43 (2) to have been installed after January 1, 2011; (b)  the unit is heated primarily by electricity; and (c)  the electricity measured by the suite meter includes the electricity used in heating the unit.  O. Reg. 389/10, s. 40 (3). (4) For the purposes of subsection 34 (1) of the Act, a suite meter provider is permitted but not required to bill a residential landlord of a rental unit based on the consumption or use of electricity in respect of the rental unit as measured by a suite meter if, (a)  the residential landlord has not terminated its obligation to supply electricity to the rental unit under the tenancy agreement pursuant to subsection 137 (3) of the Residential Tenancies Act, 2006; or (b)  the residential landlord has an obligation under the tenancy agreement to supply electricity to the rental unit.  O. Reg. 389/10, s. 40 (4). (5) For the purposes of subsection 34 (1) of the Act, a suite meter provider is permitted but not required to bill a non-profit housing co-operative based on the consumption or use of electricity in respect of a member unit as measured by a suite meter if the non-profit housing co-operative has an obligation under its by-laws or other binding resolution or decision of the non-profit housing co-operative’s directors or members to supply electricity to the member unit.  O. Reg. 389/10, s. 40 (5). Information and Disclosure