jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions and Interpretation
1. (1) In this Regulation, “assessment” means an assessment under subsection 26 (1) of the Act; “distribute”, with respect to electricity, has the same meaning as in Part V of the Act; “expenditures” means expenses incurred and expenditures made by the Board in the exercise of its powers and duties under the Act or any other Act; “transmit”, with respect to electricity, has the same meaning as in Part V of the Act. (2) For the purpose of this Regulation, the net Board expenditures for a period shall be determined in accordance with the following formula: A = B - (C + D) where, A = the net Board expenditures for the period, B = the total amount of expenditures made by the Board in the period, including expenditures made in respect of persons who are not liable to pay an assessment, C = the total amount of fees paid to the Board under section 12 of the Act in the period, including fees paid by persons who are not liable to pay an assessment, D = the total amount of costs paid to the Board under section 30 of the Act in the period, including costs paid by persons who are not liable to pay an assessment. (3) Where this Regulation requires the Board to apportion an amount among the classes of persons who are liable to pay an assessment, the Board shall consider the following factors for each class: 1. The expenditures made by the Board in respect of that class, compared to the expenditures made by the Board in respect of the other classes. 2. The fees paid to the Board under section 12 of the Act by members of that class, compared to the fees paid to the Board under section 12 of the Act by members of the other classes. 3. The costs paid to the Board under section 30 of the Act by members of that class, compared to the costs paid to the Board under section 30 of the Act by members of the other classes. 4. Such other factors as the Board considers relevant to the apportionment. (4) For the purpose of subsection (3), (a) the expenditures made by the Board in respect of the class described in paragraph 2 of subsection 3 (1) shall be deemed to include expenditures made in respect of the Independent Electricity Market Operator; (b) the fees paid to the Board under section 12 of the Act by members of the class described in paragraph 2 of subsection 3 (1) shall be deemed to include fees paid by the Independent Electricity Market Operator; and (c) the costs paid to the Board under section 30 of the Act by members of the class described in paragraph 2 of subsection 3 (1) shall be deemed to include costs paid by the Independent Electricity Market Operator. O. Reg. 529/99, s. 1. Frequency of Assessments
Frequency of Assessments
2. The Board shall make an assessment once each year in 1999, 2000 and 2001. O. Reg. 529/99, s. 2. Liability to Pay
Liability to Pay
3. (1) The following classes of persons are liable to pay an assessment for a year: 1. Persons that, on September 30 in the year, were licensed to own or operate distribution systems within the meaning of Part V of the Act. 2. Persons that, on September 30 in the year, were licensed to own or operate transmission systems within the meaning of Part V of the Act. 3. Gas transmitters, gas distributors and storage companies that, on September 30 in the year, were subject to orders under section 36 of the Act. (2) For the purpose of paragraph 2 of subsection (1), a licence to direct the operation of a transmission system is not a licence to operate the transmission system. (3) The reference in paragraph 3 of subsection (1) to orders under section 36 of the Act shall be deemed to include orders made before November 7, 1998 under section 19 of the Ontario Energy Board Act. O. Reg. 529/99, s. 3. Interim Apportionment Among Classes
Interim Apportionment Among Classes
4. (1) After September 30 in 1999, 2000 and 2001, the Board shall estimate the net Board expenditures for the fiscal year that will end on March 31 in the following year. (2) The amount of the estimate must be equal to the sum of the following amounts: 1. The actual net Board expenditures for the period from April 1 to September 30 of the fiscal year. 2. The amount that the Board forecasts as the net Board expenditures for the period from October 1 to March 31 of the fiscal year. (3) The Board shall apportion the amount of the estimate among the classes of persons who are liable to pay an assessment. O. Reg. 529/99, s. 4. Calculation of Individual Amounts
Calculation of Individual Amounts
5. (1) Not later than December 15, 1999, the Board shall determine the amount of the 1999 assessment for which each person who is a member of the class described in paragraph 1 of subsection 3 (1) is liable in accordance with the following formula:  where, subject to section 11, E = the amount of the assessment for which the person is liable, F = the revenue received by the person during 1998 for the distributing of electricity, G = the total revenue received during 1998 by all members of the class described in paragraph 1 of subsection 3 (1) for the distributing of electricity, H = the amount apportioned under section 4 in 1999 to the class described in paragraph 1 of subsection 3 (1). (2) Subject to section 11, if a person distributed electricity in 1998 in accordance with an approval under section 113 of the Power Corporation Act, for the purpose of subsection (1), the revenue received by the person during 1998 for the distributing of electricity shall be deemed to be the revenue received by the person during 1998 for the distributing of electricity in accordance with the approval. (3) For the purpose of subsection (1), (a) the revenue received by Ontario Hydro Networks Company Inc. during 1998 for the distributing of electricity shall be deemed to be the revenue received by Ontario Hydro during 1998 for the distributing of electricity; and (b) the revenue received by Ontario Hydro Remote Communities Service Company Inc. during 1998 for the distributing of electricity shall be deemed to be zero. O. Reg. 529/99, s. 5.
Calculation of Individual Amounts
6. (1) Not later than December 15 in 2000 and 2001, the Board shall determine the amount of the assessment for that year for which each person who is a member of the class described in paragraph 1 of subsection 3 (1) is liable in accordance with the following formula:  where, subject to section 11, E = the amount of the assessment for which the person is liable, F = the annual revenue received by the person for the distributing of electricity in accordance with an order under section 78 of the Act, with the annual revenue determined for the 12 months ending on the last day of the person’s fiscal year ending in the previous year, G = the total annual revenue received by all members of the class described in paragraph 1 of subsection 3 (1) for the distributing of electricity in accordance with orders under section 78 of the Act, with the annual revenue for each member determined for the 12 months ending on the last day of the member’s fiscal year ending in the previous year, H = the amount apportioned under section 4 in the year to the class described in paragraph 1 of subsection 3 (1), adjusted in accordance with section 10. (2) The references in subsection (1) to orders under section 78 of the Act shall be deemed to include orders made under that section pursuant to section 129 of the Act. (3) Subject to section 11, if a person distributed electricity during any period in 1999 in accordance with an approval under section 113 of the Power Corporation Act, for the purpose of subsection (1), the revenue received by the person during that period for the distributing of electricity in accordance with an order under section 78 of the Ontario Energy Board Act, 1998 shall be deemed to be the revenue received by the person during that period for the distributing of electricity in accordance with the approval under section 113 of the Power Corporation Act. (4) For the purpose of subsection (1), (a) the revenue received by Ontario Hydro Networks Company Inc. during the period from January 1, 1999 to March 31, 1999 for the distributing of electricity in accordance with an order under section 78 of the Act shall be deemed to be the revenue received by Ontario Hydro during that period for the distributing of electricity; and (b) the revenue received by Ontario Hydro Remote Communities Service Company Inc. during the period from January 1, 1999 to March 31, 1999 for the distributing of electricity in accordance with an order under section 78 of the Act shall be deemed to be zero. O. Reg. 529/99, s. 6.
Calculation of Individual Amounts
7. (1) Not later than December 15, 1999, the Board shall determine the amount of the 1999 assessment for which each person who is a member of the class described in paragraph 2 of subsection 3 (1) is liable in accordance with the following formula:  where, subject to section 11, J = the amount of the assessment for which the person is liable, K = the revenue received by the person during 1998 for the transmitting of electricity, L = the total revenue received during 1998 by all members of the class described in paragraph 2 of subsection 3 (1) for the transmitting of electricity, M = the amount apportioned under section 4 in 1999 to the class described in paragraph 2 of subsection 3 (1). (2) For the purpose of subsection (1), the revenue received by Ontario Hydro Networks Company Inc. during 1998 for the transmitting of electricity shall be deemed to be the revenue received by Ontario Hydro during 1998 for the transmitting of electricity. O. Reg. 529/99, s. 7.
Calculation of Individual Amounts
8. (1) Not later than December 15 in 2000 and 2001, the Board shall determine the amount of the assessment for that year for which each person who is a member of the class described in paragraph 2 of subsection 3 (1) is liable in accordance with the following formula:  where, subject to section 11, J = the amount of the assessment for which the person is liable, K = the annual revenue received by the person for the transmitting of electricity in accordance with an order under section 78 of the Act, with the annual revenue determined for the 12 months ending on the last day of the person’s fiscal year ending in the previous year, L = the total annual revenue received by all members of the class described in paragraph 2 of subsection 3 (1) for the transmitting of electricity in accordance with orders under section 78 of the Act, with the annual revenue for each member determined for the 12 months ending on the last day of the member’s fiscal year ending in the previous year, M = the amount apportioned under section 4 in the year to the class described in paragraph 2 of subsection 3 (1), adjusted in accordance with section 10. (2) The references in subsection (1) to orders under section 78 of the Act shall be deemed to include orders made under that section pursuant to section 129 of the Act. (3) For the purpose of subsection (1), the revenue received by Ontario Hydro Networks Company Inc. during the period from January 1, 1999 to March 31, 1999 for the transmitting of electricity in accordance with an order under section 78 of the Act shall be deemed to be the revenue received by Ontario Hydro during that period for the transmitting of electricity. O. Reg. 529/99, s. 8.
Calculation of Individual Amounts
9. (1) Not later than December 15 in 1999, 2000 and 2001, the Board shall determine the amount of the assessment for that year for which each person who is a member of the class described in paragraph 3 of subsection 3 (1) is liable in accordance with the following formula:  where, subject to section 11, N = the amount of the assessment for which the person is liable, P = a number between zero and 1, inclusive, selected by the Board in accordance with subsections (2) and (3), Q = the number of meters used by the person to measure gas distributed in accordance with an order under section 36 of the Act, determined as of the last day of the person’s fiscal year that ended in the previous year, R = the total number of meters used by all members of the class described in paragraph 3 of subsection 3 (1) to measure gas distributed in accordance with orders under section 36 of the Act, with the number of meters used by each member determined as of the last day of the member’s fiscal year that ended in the previous year, S = the annual revenue received by the person for the transmission, distribution and storage of gas in accordance with an order under section 36 of the Act, with the annual revenue determined for the 12 months ending on the last day of the person’s fiscal year ending in the previous year, T = the annual revenue received by all members of the class described in paragraph 3 of subsection 3 (1) for the transmission, distribution and storage of gas in accordance with orders under section 36 of the Act, with the annual revenue for each member determined for the 12 months ending on the last day of the member’s fiscal year ending in the previous year, U = the amount apportioned under section 4 in the year to the class described in paragraph 3 of subsection 3 (1), adjusted in accordance with section 10. (2) For the purpose of the definition of “P” in subsection (1), the Board shall select a number between zero and 1, inclusive, that in the opinion of the Board will result in an equitable apportionment of liability for the assessment among the members of the class described in paragraph 3 of subsection 3 (1). (3) The number selected under subsection (2) shall be used for all members of the class described in paragraph 3 of subsection 3 (1). (4) The references in subsection (1) to orders under section 36 of the Act shall be deemed to include orders made before November 7, 1998 under section 19 of the Ontario Energy Board Act. O. Reg. 529/99, s. 9.
Calculation of Individual Amounts
10. (1) The amount apportioned under section 4 in a year to a class described in subsection 3 (1) shall be adjusted by, (a) adding the amount, if any, by which the amount apportioned to the class under section 13 in the year exceeds the amount apportioned to the class under section 4 in the previous year; and (b) deducting the amount, if any, by which the amount apportioned to the class under section 4 in the previous year exceeds the amount apportioned to the class under section 13 in the year. (2) This section does not apply to an assessment made before March 31, 2000. O. Reg. 529/99, s. 10.
Calculation of Individual Amounts
11. (1) For the purpose of any calculation made in a year under section 5, 6, 7, 8 or 9 that involves the revenue received or the number of meters used by a person, the Board may use a figure determined by the Board for the revenue or number of meters if, (a) the person did not exist in the previous year or did not have a fiscal year that ended in the previous year; or (b) the revenue received or number of meters used by the person has significantly changed, as a result of an amalgamation, acquisition, sale or similar transaction that involved the person, since the beginning of the person’s fiscal year that ended in the previous year. (2) The Board shall determine the figure in a manner that, in the opinion of the Board, will result in an equitable apportionment of liability for the assessment among the members of the classes described in subsection 3 (1). O. Reg. 529/99, s. 11. Notice of Assessment
Notice of Assessment
12. (1) The Board shall cause notice to be given, not later than December 15 in 1999, 2000 and 2001, to every person who is a member of a class described in subsection 3 (1) of the amount of the assessment for that year for which the person is liable. (2) The person shall pay the amount not later than January 31 in the year following the year the notice was given. (3) Notice under subsection (1) is sufficiently given if, (a) it is delivered personally to the person; (b) it is sent by registered mail to the person at the latest postal address for the person that appears in the Board’s records; (c) it is faxed to the person at the latest fax number for the person that appears in the Board’s records; or (d) it is sent by electronic mail to the person at the latest electronic mail address for the person that appears in the Board’s records. O. Reg. 529/99, s. 12. Final Calculations
Final Calculations
13. (1) After March 31 in 2000, 2001 and 2002, the Board shall determine the actual net Board expenditures for the fiscal year that ended on that day. (2) The Board shall apportion the amount of the actual net Board expenditures among the classes of persons who are liable to pay an assessment. O. Reg. 529/99, s. 13. Provision of Information
Provision of Information
14. The Board may require any member of a class described in subsection 3 (1) to provide the Board with information that the Board considers necessary for the purpose of administering this Regulation, within the time specified by the Board and in the form or format specified by the Board. O. Reg. 529/99, s. 14.
Provision of Information
15. Omitted (provides for the revocation of this Regulation). O. Reg. 529/99, s. 15.