jswizzle3737/ontario_laws_and_regs huggingface dataset:
PART I CONSUMER PROTECTION
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Application
 1. (1) This Part applies for the purposes of Part II of the Act.  O. Reg. 389/10, s. 1 (1). (2) Sections 17 to 20 apply with respect to contracts entered into before or after those sections come into force.  O. Reg. 389/10, s. 1 (2); O. Reg. 241/16, s. 1.
Interpretation
 3. (1) For the purposes of this Part,  (a)  an act or omission by an employee or agent of a supplier is deemed to be the act or omission of the supplier; and (b)  in determining if a statement is false or misleading, there may be taken into consideration any omission that makes the statement sufficiently incomplete as to result in the statement being false or misleading with respect to a material fact.  O. Reg. 389/10, s. 3 (1). (1.1) For the purposes of this Part, an agreement is associated with a contract if the agreement, (a)  is separate from but relates to, in whole or in part, a contract for the provision to a consumer by a third party generator of electricity generated by an associated renewable energy generation facility; and (b)  is for the provision to the consumer by the third party generator of the equipment, systems or technology comprising the associated renewable energy generation facility. O. Reg. 387/22, s. 2. (2) In this Part, (a)  a reference to an order made by the Board is a reference to an order made by the Board under the Ontario Energy Board Act, 1998; (b)  a reference to a code issued by the Board is a reference to a code issued by the Board under section 70.1 of that Act; and (c)  a reference to a rule made by the Board is a reference to a rule made by the Board under section 44 of that Act.  O. Reg. 389/10, s. 3 (2).
Amounts prescribed for purposes of definition of “consumer”
 4. For the purposes of the definition of “consumer” in section 2 of the Act,  (a)  the prescribed amount of electricity for the purpose of clause (a) of the definition is 150,000 kilowatt hours; and (b)  the prescribed amount of gas for the purpose of clause (b) of the definition is 50,000 cubic metres.  O. Reg. 389/10, s. 4. Unfair Practices
Unfair Practices
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Door-to-Door Advertising and Marketing
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Permissible door-to-door advertising and marketing
 5.1 (1) The rules set out in subsection (2) are established for the purposes of section 9.2 of the Act. O. Reg. 241/16, s. 3. (2) A supplier or salesperson shall not, (a)  advertise, market or otherwise attend in person without being solicited at the home of a consumer where the consumer has indicated by posted sign or otherwise not to do so; (b)  advertise, market or otherwise attend in person without being solicited at the home of a consumer, (i)  on a holiday within the meaning of section 87 of the Legislation Act, 2006, other than a Sunday (subject to subclause (iii)); (ii)  before 10 a.m. or after 8 p.m. on a weekday, or (iii)  before 10 a.m. or after 5 p.m. on a Saturday or a Sunday; (c)  advertise, market or otherwise attend in person at the home of a consumer without being solicited more than four times in any 12-month period; (d)  leave with a consumer, at the home of a consumer, a copy of a contract; (e)  provide, in person at the home of a consumer, a gift card, gift certificate or other financial incentive of any kind, or any equipment, product or service, to be redeemed following entry into, amendment of or renewal of a contract; (f)  enter into, verify, amend, renew or extend the term of a contract in person at the home of a consumer; or (g)  after attending in person without being solicited at the home of a consumer, communicate with the consumer by any means more than once in the subsequent 30-day period, unless, (i)  the consumer solicits the communication, or (ii)  the communication is for the purposes of contract verification in accordance with this Regulation. O. Reg. 241/16, s. 3. Contracts
Contracts
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With whom a supplier may enter into a contract
 6. For the purposes of subsection 11 (4) of the Act, a supplier shall not enter into, verify, amend, renew or extend the term of a contract with anyone other than a person who is, (a)  the account holder; or (b)  the account holder’s agent at the time the action is taken.  O. Reg. 389/10, s. 6.
Disclosure statement
 8. (1) A contract for the provision of electricity or gas must be accompanied by a disclosure statement, (a)  that contains such information as is required by any code, order or rule issued or made by the Board; (b)  that is provided in such language or languages as may be required or permitted by that code, order or rule; (c)  that is presented in the form or manner and under the circumstances, if any, required by that code, order or rule; and (d)  that requires the signature of the consumer, or the account holder’s agent who signs the contract on behalf of the consumer, to acknowledge receipt of the disclosure statement.  O. Reg. 389/10, s. 8 (1). (2) A renewal or extension form provided as required under section 15 must be accompanied by a disclosure statement, (a)  that contains such information as is required by a code, order or rule issued or made by the Board; (b)  that is provided in such language or languages as may be required or permitted by that code, order or rule; (c)  that is presented in the form or manner and under the circumstances, if any, required by that code, order or rule; and (d)  that requires the signature of the consumer, or the account holder’s agent who renews or extends the contract on behalf of the consumer, to acknowledge receipt of the disclosure statement.  O. Reg. 389/10, s. 8 (2). (3) A disclosure statement required under subsection (1) or (2) must be accompanied by a price comparison, (a)  that contains such information as may be required by a code, order or rule issued or made by the Board; (b)  that is provided in such language or languages as may be required by a code, order or rule issued or made by the Board; (c)  that is presented in the form or manner and under the circumstances, if any, as may be required by a code, order or rule issued or made by the Board; and (d)  that requires the signature of the consumer, or the account holder’s agent who renews or extends the contract on behalf of the consumer, to acknowledge receipt of the disclosure statement.  O. Reg. 389/10, s. 8 (3).
Contracts entered into over the internet
 9. If a contract is entered into over the internet, the supplier shall ensure, (a)  that its internet website is secure; (b)  that its internet server will cancel the consumer’s session on the website in a reasonable period of time if the consumer does not continue the session; (c)  that the web page includes statements with boxes to be checked off by the consumer in order to proceed with the transaction, (i)  that remind the consumer that entering and leaving his or her personal information on a public computer is not recommended, (ii)  that confirm that the consumer understands that the supplier does not represent an energy distributor, the Board or the Government of Ontario, and (iii)  that confirm that the consumer is the account holder with respect to any contract entered into through the website or is the account holder’s agent for the purposes of entering into the contract; (d)  that the website provides the terms and conditions of available contracts, the disclosure statement applicable to each form of contract and a link to the Board’s website, without requiring the consumer to commence a transaction; (e)  that, as part of the transaction, the consumer is requested to review the applicable disclosure statement and price comparison and indicate that he or she has read and understood it by checking a box; (f)  that the consumer has the option to download or print each form of available contract and disclosure statement without any obligation to enter into a contract; (g)  that the signature page of the contract contains the electronic signature of a director or officer of the supplier and the date the contract was entered into over the internet; (h)  that below the signature contemplated in clause (g), two boxes are displayed with a request that the consumer check only one, to either, (i)  expressly accept the provisions of the contract offer, or (ii)  expressly decline the contract offer and terminate the transaction without completing it; and (i)  that, if the reader checked the box to accept the terms and conditions of the contract offer, the consumer is required to provide his or her e-mail address in order to complete the transaction.  O. Reg. 389/10, s. 9.
Receipt of contract and acknowledgement of receipt
 10. (1) If a consumer enters into a contract in person with someone acting on behalf of the supplier,  (a)  the person shall give to the consumer a text-based copy of the contract at the time the contract is entered into; and (b)  the consumer is deemed to acknowledge receipt of a text-based copy of the contract if and when the consumer signs the acknowledgement at the end of the contract.  O. Reg. 389/10, s. 10 (1). (2) If a consumer enters into a contract over the internet, (a)  the supplier shall, immediately after the contract is entered into, deliver a text-based copy of the contract, disclosure statement and price comparison to the e-mail address provided by the consumer; and (b)  the consumer is deemed to acknowledge receipt of the text-based copy of the contract, disclosure statement and price comparison if and when the contract, disclosure statement and price comparison are electronically sent by e-mail to the address provided by the consumer.  O. Reg. 389/10, s. 10 (2). (3) If a consumer enters into a contract by mail, the consumer, (a)  is considered to have received a text-based copy of the contract when he or she receives and signs and dates the contract; and (b)  is deemed to acknowledge receipt of the text-based copy of the contract on the day the consumer mails back to the supplier the signed and dated copy of the contract on which the consumer has signed the acknowledgement.  O. Reg. 389/10, s. 10 (3).
Permissible remuneration
 10.1 For the purposes of section 9.3 of the Act, the remuneration provided to a salesperson must not include any remuneration that is based on a commission or on the value or volume of sales. O. Reg. 241/16, s. 5. Verification of Contracts
Verification of Contracts
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Verification
 11. A contract may be verified for the purposes of section 15 of the Act only as provided in sections 12 to 13.2 of this Regulation.  O. Reg. 389/10, s. 11; O. Reg. 241/16, s. 6.
Verification, general
 12. (1) A person shall verify a contract for the provision of electricity or gas to particular premises, (a)  only by telephone in accordance with section 13.1 or, subject to subsection (2), over the internet in accordance with section 13.2; and (b)  only with the account holder for those premises or the account holder’s agent at that time in respect of the premises. O. Reg. 241/16, s. 7. (2) A contract may be verified over the internet only if the Board has issued or made a code, order or rule relating to the internet verification procedure. O. Reg. 241/16, s. 7. (3) Despite subsection 15 (4) of the Act, a contract may be verified no earlier than the 10th day and no later than the 45th day after the day on which a text-based copy of the contract is delivered or provided to the consumer. O. Reg. 241/16, s. 7. (4) An account holder or the account holder’s agent may, by any means that indicates to the supplier or person the intention not to proceed with the contract, give notice to the supplier or to the person verifying the contract not to have the contract verified. O. Reg. 241/16, s. 7. (5) A notice given under subsection (4), other than by personal service or by a telephone call to the supplier or person, is deemed to have been given when sent by the account holder or the account holder’s agent. O. Reg. 241/16, s. 7.
Who may verify a contract, third party verification
 13. (1) A contract may be verified by telephone in accordance with section 13.1 only by an individual who satisfies the following criteria: 1.  The individual’s employer is not a party to the contract being verified, nor an affiliate or partner of a party to the contract. 2.  The individual must not receive any remuneration or other compensation or benefit, i.  from the supplier or from an affiliate or partner of the supplier, or ii.  that is determined, directly or indirectly, by reference to the number of contracts that are verified or the percentage of contracts that are verified. 3.  The individual must have successfully completed such training for individuals who verify contracts by telephone as may be required by a code, order or rule issued or made by the Board. O. Reg. 241/16, s. 7. (2) A contract may be verified over the internet in accordance with section 13.2 only by a person who satisfies the following criteria: 1.  The person must not be a party to the contract being verified, nor be an affiliate or partner of a party to the contract. 2.  The person must not receive any remuneration or other compensation or benefit from the supplier or from an affiliate or partner of the supplier that is determined, directly or indirectly, by reference to the number of contracts that are verified or the percentage of contracts that are verified. O. Reg. 241/16, s. 7. (3) In this section, “affiliate” means an affiliate within the meaning of the Business Corporations Act; “partner” means a partner in a partnership under the Partnerships Act, or a general or limited partner in a limited partnership under the Limited Partnerships Act. O. Reg. 241/16, s. 7.
Verification process, telephone
 13.1 Where a contract is verified by telephone, the supplier shall ensure that, (a)  the process complies with any code, order or rule issued or made by the Board relating to the verification procedure; (b)  if, at any time during the verification process, the person who is verifying the contract is made aware by the account holder or the account holder’s agent of an act or omission that appears to be a violation of section 5.1 or an unfair practice of the supplier, or has reasonable grounds for believing that the supplier has committed an unfair practice, whether at the time of soliciting, negotiating or entering into the contract or after, the person does not proceed with the verification process; (c)  if the person who is verifying a contract is advised that the account holder or the account holder’s agent did not receive a text-based copy of the contract or the disclosure statement, the person does not proceed with the verification process; (d)  if the person who is verifying the contract does not proceed with the verification process in accordance with clause (b) or (c), the person advises the account holder, or the account holder’s agent, and the supplier of the reason for not proceeding; and (e)  the person verifying the contract makes a recording of the telephone call and advises the account holder or account holder’s agent that the telephone call is being recorded. O. Reg. 241/16, s. 7.
Verification process, internet
 13.2 Where a contract is verified over the internet, the supplier shall ensure that, (a)  the process complies with any code, order or rule issued or made by the Board relating to the verification procedure; (b)  the verification process is automatically terminated if the responses of the account holder or the account holder’s agent indicate that, (i)  there has been an act or omission that appears to be a violation of section 5.1 or an unfair practice of the supplier at the time of soliciting, negotiating or entering into the contract or after, or (ii)  the account holder or the account holder’s agent did not receive a text-based copy of the contract or the disclosure statement; (c)  if the verification process is automatically terminated in accordance with clause (b), the account holder, or the account holder’s agent, and the supplier are advised of the reason for the termination; and (d)  communications over the internet between the person verifying the contract and the account holder or the account holder’s agent are recorded and maintained, and the account holder, or the account holder’s agent, is advised that this will be the case during the internet verification process. O. Reg. 241/16, s. 7. Void Contracts
Void Contracts
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When a contract is void
 14. (1) For the purposes of clause 16 (1) (f) of the Act, a contract is deemed to be void if, (a)  the contract is entered into before, on or after January 1, 2011, and, Note: On January 1, 2024, clause 14 (1) (a) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following: (See: O. Reg. 342/23, s. 1 (1)) (a)  the contract is entered into before, on or after January 1, 2011, the supplier is not a third party generator, and, (i)  the consumer has a right to cancel the contract, whether the right arises under the contract or otherwise, (ii)  the consumer gives the supplier notice of cancellation of the contract, whether or not the consumer complies with any other requirements, if there are any, relating to the cancellation of the contract (such as the payment of a cancellation fee), and (iii)  if the supplier is not a third party generator, the supplier does not, within 10 days after receiving the notice of cancellation, notify the appropriate energy distributor of that fact; or Note: On January 1, 2024, subclause 14 (1) (a) (iii) of the Regulation is amended by striking out “if the supplier is not a third party generator” at the beginning. (See: O. Reg. 342/23, s. 1 (2)) (b)  the contract is entered into on or after January 1, 2011 and, at the time the contract is entered into, the supplier is not in compliance with the conditions of its licence set out in sections 3 and 4 of Ontario Regulation 90/99 (Licence Requirements — Electricity Retailers and Gas Marketers) made under the Ontario Energy Board Act, 1998.  O. Reg. 389/10, s. 14 (1); O. Reg. 33/11, s. 1; O. Reg. 387/22, s. 5. (2) For the purpose of subsection 16 (3) of the Act, the prescribed period in which the supplier must refund to the consumer the money paid by the consumer under the contract is 60 days after the day the contract is deemed to be void.  O. Reg. 389/10, s. 14 (2). Contract Renewals, Extensions And Amendments
Contract Renewals, Extensions And Amendments
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No automatic renewal, extension of contracts
 17. (1) A contract may not be renewed, nor its terms extended, automatically. O. Reg. 241/16, s. 10. (2) Subsections 17 (2) and (3), as they read immediately before Ontario Regulation 241/16 came into force, continue to apply to contracts renewed or extended under this section before that date. O. Reg. 241/16, s. 10.
Retraction of renewal or extension
 18. (1) A consumer may, without cost or penalty, retract his or her agreement to renew or extend the term of a contract by giving notice of the retraction to the supplier in writing or by telephone not more than 14 days after notifying the supplier of his or her agreement to the renewal or extension.  O. Reg. 389/10, s. 18 (1).  (2) If the consumer gives a notice under subsection (1) by telephone, (a)  the supplier shall ensure the telephone call is recorded; and (b)  promptly send written confirmation of the retraction to the account holder.  O. Reg. 389/10, s. 18 (2).
Contract amendments
 19. (1) A supplier may request an amendment to a contract by telephone or by sending a text-based copy of the proposed amendment to the consumer.  O. Reg. 389/10, s. 19 (1). (2) The amendment takes effect only if the consumer consents to the amendment by telephone or in writing, not less than 60 days before the amendment is effective.  O. Reg. 389/10, s. 19 (2). (3) If a consumer consents to an amendment under subsection (2), the supplier shall, no later than 10 days after the consumer gives his or her consent, (a)  provide the consumer with a clearly legible text-based copy, having a font size of at least 12, of the amendment which states, on its first page, that the consumer may, without cost or penalty, retract his or her consent to the amendment within 20 days after the text-based copy of the amendment is provided to the consumer, by giving notice of his or her retraction to the supplier in writing or by telephone; and (b)  confirm with the consumer the name, business address and any toll-free telephone number, fax number, website address and e-mail address of the supplier.  O. Reg. 389/10, s. 19 (3). (4) If a contract is amended, the consumer may, without any reason, retract his or her consent to the amendment not more than 20 days after the text-based copy of the amendment is sent to the consumer.  O. Reg. 389/10, s. 19 (4). (5) A consumer may give notice to retract his or her consent to the amendment of the contract by any means that indicates his or her intention, including by telephone.  O. Reg. 389/10, s. 19 (5). (6) All telephone calls between the supplier and the consumer relating to the amendment, consent to the amendment and any retraction of the consumer’s consent must be recorded by the supplier.  O. Reg. 389/10, s. 19 (6).
New contract not prevented
 20. Nothing in section 14, 15, 16, 17, 18 or 19 prevents a new contract from being entered into.  O. Reg. 389/10, s. 20. Contract Cancellation
Contract Cancellation
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Cancellation
 21. For the purposes of subsection 19 (4) of the Act, a consumer may cancel a contract without cost or penalty if,  (a)  the supplier fails to meet the requirements of section 28 with respect to the consumer; (b)  the contract is amended, renewed or extended on or after January 1, 2011 and, at the time of the amendment, renewal or extension, the supplier is not in compliance with the conditions of its licence set out in sections 3 and 4 of Ontario Regulation 90/99 (Licence Requirements — Electricity Retailers and Gas Marketers) made under the Ontario Energy Board Act, 1998; (c)  the consumer permanently moves from the premises to which the electricity or gas is provided under the contract; (d)  the consumer cancels the contract, (i)  not more than 30 days after receiving the first bill under the contract, in the case of a contract for the provision of electricity entered into before the day Ontario Regulation 241/16 came into force, or (ii)  in the case of a contract entered into on or after that day, not more than 30 days after receiving the second bill under the contract; (e)  the contract was entered into for a term that begins before the expiry of the term of a pre-existing contract, but only if notice of the cancellation is provided before the end of the term of the pre-existing contract; or (f)  the contract was automatically renewed or extended. O. Reg. 389/10, s. 21; O. Reg. 241/16, s. 11.
Notice of cancellation
 22. (1) For the purposes of subsection 19 (5) of the Act, the prescribed period of notice of cancellation is 10 days.  O. Reg. 389/10, s. 22 (1). (2) Despite subsection 21 (2) of the Act, notice of cancellation may be provided by telephone if not expressly prohibited by the contract.  O. Reg. 389/10, s. 22 (2). (3) A notice of cancellation is deemed to be given to the supplier on the date of, (a)  receipt by the supplier of a telephone call from the consumer cancelling the contract; (b)  an electronic date stamp for an e-mail from the consumer cancelling the contract; or (c)  the postmark on a letter received from the consumer cancelling the contract.  O. Reg. 389/10, s. 22 (3). (4) If the consumer cancels the contract by telephone, the supplier shall, (a)  record the telephone call; and (b)  promptly send written confirmation of the cancellation to the consumer.  O. Reg. 389/10, s. 22 (4).
Cancellation fees
 23. (1) For the purposes of subsection 22 (2) of the Act and subject to subsection (2), a consumer who cancels a contract under subsection 19 (5) of the Act is liable for the following fee and is not liable for any other charges or fees relating to the cancellation: 1.  In the case of a contract entered into before the day Ontario Regulation 241/16 came into force, i.  a fee of not more than $50 for each year, or part year, remaining on the contract if the contract is for the provision of electricity, or ii.  a fee of not more than $100 for each year, or part year, remaining on the contract, if the contract is for the provision of gas. 2.  In the case of a contract entered into on or after the day Ontario Regulation 241/16 came into force, a fee of not more than $50, whether the contract is for the provision of electricity, gas or both, and regardless of the term remaining on the contract. O. Reg. 389/10, s. 23 (1); O. Reg. 241/16, s. 12. (2) Despite paragraphs 1 and 2 of subsection (1), the fee payable by a high volume consumer who cancels a contract under subsection 19 (5) of the Act is, (a)  for every month or part month remaining in the term of the contract, if the contract is for the provision of electricity, $0.015 multiplied by the quotient calculated by dividing the consumer’s consumption of electricity in kilowatt hours during the 12-month period immediately before the cancellation by 12; or (b)  for every month or part month remaining in the term of the contract, if the contract is for the provision of gas, $0.05 multiplied by the quotient calculated by dividing the consumer’s consumption of gas in cubic meters during the 12-month period immediately before the cancellation by 12.  O. Reg. 389/10, s. 23 (2). (3) For the purposes of clauses (2) (a) and (b), the supplier may use a reasonable estimate of what the consumer’s consumption would have been for the 12-month period if the supplier does not have the necessary information about the consumer’s consumption to calculate the fee under subsection (2) and has been unable to obtain it after reasonable efforts.  O. Reg. 389/10, s. 23 (3). (4) In subsection (2), “high volume consumer” means a consumer, (a)  whose contract is for the provision of electricity or gas to property occupied for the primary purpose of carrying on a business, or (b)  whose consumption under the contract for the 12-month period before the cancellation, (i)  is more than 15,000 kilowatt hours, if the contract is for the provision of electricity, or (ii)  is more than 3,500 cubic metres, if the contract is for the provision of gas.  O. Reg. 389/10, s. 23 (4).
Cancellation, when effective
 24. For the purposes of subsection 21 (5) of the Act, the cancellation of a contract takes effect, (a)  if no electricity or gas, as applicable, has been provided under the contract and no notice of cancellation is given under subsection 19 (5) of the Act or under a contractual right described in clause 16 (1) (e) of this Regulation, on the day the notice of cancellation is given by the consumer to the supplier; (b)  if a notice of cancellation is given under subsection 19 (5) of the Act or under a contractual right described in clause 16 (1) (e) of this Regulation, on the later of, (i)  the end of the notice period, and (ii)  the day electricity or gas ceases to be provided under the contract; or (c)  in any other case, on the day electricity or gas ceases to be provided under the contract.  O. Reg. 389/10, s. 24.
Refunds
 25. (1) For the purposes of subsections 23 (1) and (2) of the Act, the prescribed time period for paying a refund to the consumer is 60 days after the day the cancellation of the contract takes effect.  O. Reg. 389/10, s. 25 (1). (2) For the purposes of subsection 23 (2) of the Act, the prescribed amount of the refund is the total of all amounts, if any, paid by the consumer under the contract.  O. Reg. 389/10, s. 25 (2). (3) For the purposes of section 24 of the Act, a supplier shall pay the refund, if any, to the consumer not more than 15 days after the effective date of the cancellation under subsection 19 (2), (4) or (5) of the Act.  O. Reg. 389/10, s. 25 (3).
Meter reading
 26. (1) For the purposes of subsection 25 (1) of the Act, the distributor shall read the consumer’s electricity meter, (a)  within 45 days after the notice of cancellation is given to the supplier; or (b)  within such longer period of time as approved by the Board if it is not reasonably possible for the distributor to read the meter within the 45-day period.  O. Reg. 389/10, s. 26. (2) The supplier and distributor are exempt from subsection 25 (1) of the Act if the notice of cancellation is given to a supplier who is a third party generator. O. Reg. 387/22, s. 6. General
Exemptions
 27. (1) The following persons and entities are exempt from Part II of the Act: 1.  Broader public-sector procurement agents in respect of contracts they enter into with suppliers or broader public-sector account holders for the provision of gas and electricity. 2.  A gas distributor who is not required to hold a gas marketer’s licence under subsection 48 (1) of the Ontario Energy Board Act, 1998. 3.  Ag Energy Co-Operative Ltd. in respect of contracts with its members that it enters into, amends, renews or extends. O. Reg. 389/10, s. 27 (1); O. Reg. 241/16, s. 13. (2) In paragraph 1 of subsection (1), “broader public sector” means health service providers, school boards, colleges, universities, municipalities, community and social service providers and Crown agencies, boards, commissions and authorities that provide public services under the laws of Ontario or under a ministry transfer payment program; “broader public-sector procurement agent” means, with respect to a member of the broader public sector, an entity that is controlled or owned by the member and one or more other members and that procures electricity or gas on behalf of one or more of them.  O. Reg. 389/10, s. 27 (2).
Copies of telephone recordings, internet records
 28. (1) If a supplier is required under this Part to make a recording of a telephone call to or by a consumer or maintain a record of communications with a consumer over the internet, or is required to ensure that such a recording is made or such a record is maintained, the supplier shall provide a copy of the recording or record to the consumer not more than 10 days after the consumer requests the copy. O. Reg. 241/16, s. 14. (2) Subsection (1) does not apply if the consumer requests the copy after the later of, (a)  the day that is three years after the day of the telephone call or provision of information over the internet; and (b)  the day that is one year after the effective date of cancellation, termination or expiry of the last contract or last renewed or extended contract between the consumer and the supplier. O. Reg. 241/16, s. 14.
Transitional, written copy of contract
 29. (1) This section applies with respect a contract signed by a consumer on or after November 22, 2010 and before January 1, 2011.  O. Reg. 389/10, s. 29 (1). (2) If a written copy of the contract is not delivered to the consumer within 40 days after the consumer signs the contract, the contract ceases to have effect and the consumer has no further obligations under the contract as of the 41st day after the day the consumer signed the contract.  O. Reg. 389/10, s. 29 (2).
Transitional, information required in contract
 31. Subsections 88.10 (1) and (2) and section 88.11 of the Ontario Energy Board Act, 1998, as they read on December 31, 2010, and sections 7, 8 and 9 of Ontario Regulation 200/02 (Consumer Protection) made under that Act, as they read on December 31, 2010, continue to apply to contracts entered into before January 1, 2011.  O. Reg. 389/10, s. 31. Part II   Suite Metering Definitions and Interpretation
PART II SUITE METERING
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Definitions and Interpretation
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Definitions
 32. (1) In this Part,  “board of directors” means the board of directors of a condominium corporation; “commercial building” means a commercial, industrial or office building to which the Commercial Tenancies Act applies; “commercial landlord” means a landlord as defined in section 1 of the Commercial Tenancies Act; “commercial lease” means a lease as contemplated in the Commercial Tenancies Act; “common elements” means, in respect of a multi-unit complex, all of the multi-unit complex other than, (a)  condominium units, (b)  demised premises, (c)  member units, (d)  non-member units, (e)  rental units, and (f)  residential units; “condominium building” means a building as defined in subsection 1 (1) of the Condominium Act, 1998; “condominium corporation” means a corporation as defined in subsection 1 (1) of the Condominium Act, 1998; “condominium unit” means a unit as defined in subsection 1 (1) of the Condominium Act, 1998; “demised premises” means premises in a commercial building that are demised premises for the purposes of the Commercial Tenancies Act; “member unit” has the same meaning as in the Co-operative Corporations Act; “non-member unit” has the same meaning as in the Co-operative Corporations Act; “non-profit housing co-operative” has the same meaning as in the Co-operative Corporations Act; “non-profit housing co-operative building” means a property owned or leased by a non-profit housing corporation that includes one or more housing units each of which is a member unit or a non-member unit; “rental unit” means a rental unit as defined in the Residential Tenancies Act, 2006, including a non-member unit, but does not include any class of accommodation contemplated in section 5 of that Act; “residential complex” means a residential complex as defined in the Residential Tenancies Act, 2006,
but does not include any class of accommodation contemplated in section 5 of that Act; “residential landlord” means a landlord as defined in the Residential Tenancies Act, 2006; “residential tenant” means a tenant as defined in the Residential Tenancies Act, 2006; “residential unit” has the same meaning as in the Residential Tenancies Act, 2006; “tenancy agreement” has the same meaning as in the Residential Tenancies Act, 2006.  O. Reg. 389/10, s. 32 (1). (2) The definitions in section 31 of the Act apply for the purposes of this Part.  O. Reg. 389/10, s. 32 (2).
Multi-unit complex
 33. For the purposes of clause (d) of the definition of “multi-unit complex” in section 31 of the Act, the following are prescribed as a multi-unit complex: 1.  A commercial building that contains two or more demised premises. 2.  A non-profit housing co-operative building that contains two or more housing units each of which is a member unit or a non-member unit.  O. Reg. 389/10, s. 33.
Unit
 34. For the purposes of clause (d) of the definition of “unit” in section 31 of the Act, each of the following is prescribed as a unit: (a)  demised premises in a commercial building; (b)  common elements of a multi-unit complex; (c)  a member unit; and (d)  a non-member unit.  O. Reg. 389/10, s. 34.
Unit smart metering, prescribed activities
 35. The following are prescribed activities for the purposes of the definition of “unit smart metering” in section 31 of the Act: 1.  Distributing electricity in accordance with a licence issued under clause 57 (a) of the Ontario Energy Board Act, 1998. 2.  Providing and maintaining unit smart meters in a multi-unit complex, including billing and collecting payment in respect of the electricity consumed in the multi-unit complex and other associated and ancillary activities. 3.  Any other activities required to be carried out by a unit smart meter provider under Part III of the Act.  O. Reg. 389/10, s. 35.
Unit sub-metering, prescribed activities
 36. The following are prescribed activities for the purposes of the definition of “unit sub-metering” in section 31 of the Act: 1.  Providing and maintaining unit sub-meters in a multi-unit complex, including billing and collecting payment in respect of the electricity consumed in the multi-unit complex and other associated and ancillary activities. 2.  Any other activities required to be carried out by a unit sub-meter provider under Part III of the Act.  O. Reg. 389/10, s. 36. Suite Meter Specifications
Suite Meter Specifications
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Suite meter specifications
 37. (1) For the purposes of the definition of “suite meter specifications” in subsection 32 (2) of the Act, the prescribed suite meter specifications for unit smart meters installed by a unit smart meter provider on and after January 1, 2011 are the criteria and requirements specified in the Functional Specifications, as defined in Ontario Regulation 425/06 (Criteria and Requirements for Meters and Metering Equipment, Systems and Technology) made under the Electricity Act, 1998.  O. Reg. 389/10, s. 37 (1). (2) For the purposes of the definition of “suite meter specifications” in subsection 32 (2) of the Act, the prescribed suite meter specifications for unit sub-meters installed on and after January 1, 2011 are the criteria and requirements specified in the Functional Specifications, as defined in Ontario Regulation 425/06 (Criteria and Requirements for Meters and Metering Equipment, Systems and Technology) made under the Electricity Act, 1998, with the following modifications: 1.  A reference in the Functional Specifications to a distributor is deemed to be a reference to a unit sub-meter provider. 2.  Unless required by an order or code issued by the Board, unit sub-meter providers are not required to interface or integrate their unit sub-meter systems with the meter data management and data repository operated by the Smart Metering Entity.  O. Reg. 389/10, s. 37 (2). (3) The reference in paragraph 2 of subsection (2) to the Smart Metering Entity is a reference to the entity established under Part IV.2 of the Electricity Act, 1998.  O. Reg. 389/10, s. 37 (3). Installation and Billing
Installation and Billing
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When installation of suite meters permitted
 38. (1) Subject to subsection (2), and except as otherwise provided in section 39, for the purpose of subsection 33 (1) of the Act, a suite meter provider may install a suite meter for a unit in a class of units in Column 2 of the following Table at any time during construction or after in the circumstances set out in Column 3 opposite the class of units. Table  Column 1 Item   Column 2 Class of Units   Column 3 Circumstances 

  1.   Rental unit   The residential landlord, owner or other person in charge of the residential complex in which the rental unit is located has retained the suite meter provider to install suite meters in the residential complex in which the rental unit is located 

  2.   Common elements of a residential complex   The residential landlord, owner or other person in charge of the residential complex in which the common elements are located has retained the suite meter provider to install suite meters in the residential complex 

  3.   Condominium unit   With the approval of the condominium corporation’s board of directors, the condominium corporation or other person in charge of the condominium building has retained the suite meter provider to install suite meters in the condominium building. 

  4.   Common elements of a condominium building   With the approval of the condominium corporation’s board of directors, the condominium corporation or other person in charge of the condominium building has retained the suite meter provider to install suite meters in the condominium building. 

  5.   Member unit   Unless the articles or by-laws of the non-profit housing co-operative provide otherwise, the non-profit housing co-operative has retained the suite meter provider to install suite meters in the non-profit housing co-operative building.  

  6.   Common elements of a non-profit housing co-operative building   Unless the articles or by-laws of the non-profit housing co-operative provide otherwise, the non-profit housing co-operative has retained the suite meter provider to install suite meters in the non-profit housing co-operative building.  

  7.   Demised premises   The commercial landlord, owner or other person in charge of the building in which the demised premises are located has retained the suite meter provider to install suite meters in the building. 

  8.   Common elements of a commercial building   The commercial landlord, owner or other person in charge of the building in which the common elements are located has retained the suite meter provider to install suite meters in the building. O. Reg. 389/10, s. 38 (1). (2) Despite subsection (1), a suite meter provider shall not install a suite meter for a rental unit that is occupied by a tenant unless the installation is conducted in accordance with clause 137 (2) (b) of the Residential Tenancies Act, 2006.  O. Reg. 389/10, s. 38 (2).
When installation of suite meters is required in new buildings
 39. (1) For the purposes of subsection 33 (2) of the Act, the owner or other person in charge of a unit belonging to a class of units described in Column 2 of the following Table shall have a suite meter installed for that unit by a suite meter provider retained by the owner or other person in the circumstances set out in Column 3 opposite the class of units and subject to the conditions set out in Column 4 opposite the class of units. Table  Column 1 Item   Column 2 Class of Units   Column 3 Circumstances   Column 4 Conditions 

  1.   Rental unit in a residential complex   Before completion of construction of the residential complex in which the rental unit is located.   Installation must take place in the rental unit before the rental unit  is occupied. 

  2.   Common elements of a residential complex   Before completion of construction of the residential complex.   Installation must take place before any rental unit in the residential complex is occupied. 

  3.   Condominium unit in a condominium building   Before completion of construction of the condominium building in which the condominium unit is located.   Installation must take place in the condominium unit before the condominium unit is occupied. 

  4.   Common elements of a condominium building.   Before completion of construction of the condominium building.   Installation must take place before any condominium unit in the condominium building is occupied. 

  5.   Member unit of a non-profit housing co-operative building   Before completion of construction of the non-profit housing co-operative building.   Installation must take place in the member unit before the member unit is occupied. 

  6.   Common elements of a non-profit housing co-operative building   Before completion of construction of the non-profit housing co-operative building.   Installation must take place before any member unit in the non-profit housing co-operative building is occupied. O. Reg. 389/10, s. 39 (1). (2) For the purposes of subsection 33 (1) of the Act and despite subsection (1), a suite meter provider retained by the residential landlord or other person in charge of a property may, but is not required to, have a suite meter installed in the following classes of units in the following classes of properties and may do so at the time the property or unit is under construction: 1.  A rental unit to be included in a care home as defined in the Residential Tenancies Act, 2006. 2.  A unit that will be an accommodation contemplated in subsection 6 (1) of the Residential Tenancies Act, 2006.  O. Reg. 389/10, s. 39 (2).
Information and Disclosure
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Residential complexes and condominium buildings
 42. (1) Subsection 39 (1) applies to a residential complex or condominium building for which a permit under section 8 of the Building Code Act, 1992
was issued on or after January 1, 2011 for the original installation or erection of the residential complex or condominium building.  O. Reg. 389/10, s. 42 (1). (2) Without limiting the generality of subsection (1), if a residential complex or condominium corporation is substantially extended, materially altered or repaired to the extent that it is considered to be newly erected or installed, the extension, material alteration or repair is considered to be an original installation or erection for the purposes of subsection (1).  O. Reg. 389/10, s. 42 (2).
Smart meters and smart sub-meters
 43. (1) In this section,  “excluded unit sub-meter” means a smart sub-metering system, equipment and technology and any associated equipment, system and technology installed before January 1, 2011, other than a specified unit sub-meter; “licensed distributor” means a distributor licensed under Part V of the Ontario Energy Board Act, 1998 as required under clause 57 (a) of that Act; “specified unit smart meter” includes any smart meter system equipment and technology and any associated equipment, system, and technology installed in a multi-unit complex by a licensed distributor, (a)  before November 3, 2005, (b)  pursuant to section 53.16 of the
Electricity Act, 1998, (c)  pursuant to section 53.17 of the Electricity Act, 1998, as that section read on December 31, 2010, or (d)  pursuant to a regulation made under clause 53.21 (1) (q) of the Electricity Act, 1998
authorizing activities as discretionary metering activities for the purposes of section 53.18 of that Act; “specified unit sub-meter” includes a smart sub-metering system, equipment and technology and any associated equipment, system and technology installed in a multi-unit complex, (a)  before November 3, 2005, (b)  pursuant to section 53.17 of the
Electricity Act, 1998, as that section read on December 31, 2010, (c)  pursuant to a regulation made under clause 53.21 (1) (q) of the Electricity Act, 1998
authorizing activities as discretionary metering activities for the purposes of section 53.18 of that Act, or (d)  in accordance with a code or order issued by the Board.  O. Reg. 389/10, s. 43 (1). (2) Every specified unit smart meter, specified unit sub-meter and excluded unit sub-meter installed before January 1, 2011 is deemed for the purposes of Part III of the Act to be a suite meter installed in accordance with section 33 of the Act and this Part.  O. Reg. 389/10, s. 43 (2). (3) Every specified unit smart meter and specified unit sub-meter may be used to bill a consumer under subsection 34 (1) of the Act if, on January 1, 2011, the meter was being used to bill a consumer in accordance with, (a)  the Electricity Act, 1998 or the Residential Tenancies Act, 2006; or (b)  an order or code issued by the Board.  O. Reg. 389/10, s. 43 (3). (4) Every excluded unit sub-meter installed before January 1, 2011 may be used to bill a member of a class of consumers described in Column 2 of the Table set out in subsection 40 (2), 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.  O. Reg. 389/10, s. 43 (4). Part III (omitted) 44. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 389/10, s. 44.