Power Corporation Act, R.S.O. 1990, c. P.18

Definitions 1 (1) In this Act, unless the contrary intention appears, “Board” means the board of directors of the Corporation; (“conseil d’administration”) “buildings” includes all buildings, structures and works that the Corporation may consider necessary for the purposes of this Act; (“bâtiments”) “chair” means the chair of the Board; (“président du conseil d’administration”) “Corporation” means the body corporate referred to in section 2; (“Société”) “director” means a member of the Board; (“administrateur”) “energy conservation program” means an energy conservation program under section 64; (“programme de conservation de l’énergie”) “heat energy” means energy that is conveyed in the medium of steam, hot water or hot air and that is produced for sale; (“énergie thermique”) “land” means real property and includes tenements, hereditaments and appurtenances, and any estate, term, easement, right or interest in, to, over, under or affecting land; (“bien-fonds”) “Minister” means the Minister of Energy; (“ministre”) “municipal corporation” means the corporation of a locality the inhabitants of which are incorporated; (“municipalité”) “owner” includes a mortgagee, lessee, tenant, occupant and any other person entitled to a limited estate or interest in land and a guardian, committee, executor, administrator or trustee in whom land is vested; (“propriétaire”) “power” means electrical power and includes electrical energy; (“électricité”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “president” means the president of the Corporation; (“président”) “supply” includes delivery, dealing in, and sale; (“approvisionnement”, “approvisionner”, “fournir”) “Treasurer of Ontario” means the Treasurer of Ontario and Minister of Economics; (“trésorier de l’Ontario”) “works” includes all roads, plant, machinery, buildings, erections, constructions, installations, materials, devices, fittings, apparatus, appliances, equipment and other property for the development, generation, transformation, transmission, conveying, distribution, supply or use of power. (“ouvrages”) R.S.O. 1990, c. P.18, s. 1 (1); 2002, c. 17, Sched. F, Table. (2) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 2002, c. 17, Sched. F, Table - 01/01/2003 PART I THE CORPORATION 2 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 3 (1) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (1.1) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (2) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (3) Repealed: 1992, c. 10, s. 1 (2). (4)-(10) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1992, c. 10, s. 1 (2) - 05/06/1991; 1994, c. 31, s. 1 - 09/12/1994; 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 4-23 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 24 (1)-(7) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Rules (8) The Corporation may make rules with respect to its pension plans, including rules, (a) setting out the class or classes of employees who are eligible to be members of a plan, the time at which membership shall commence and the period of time thereafter within which an employee may elect not to be a member of a plan; (b) providing for the payment out of the fund of the contributions made by any employee to the fund or to either of the funds superseded by the fund where the employee elects not to be a member of a plan; (c) setting out the period of employment with the Corporation alone, or with a previous or subsequent employer and the Corporation, that constitutes service for the purpose of determining pension benefits; (d) providing for the transfer from or to the fund of a pension entitlement and setting out the terms and conditions upon which pension benefits under a plan in respect of employment with a previous employer may be provided by the transfer to the fund of such a pension entitlement; (e) setting out the persons who may receive benefits under a plan; (f) setting out the contributions to the fund by employees and the rate or rates at which interest shall be calculated when payments are made out of the fund of any such contributions and of any contributions to either of the funds superseded by the fund; (g) setting out the amount for which any employee or pensioner shall be insured from time to time; (h) setting out the payments to be made from the fund or by an insurer, upon, (i) termination of employment, (ii) retirement from employment on pension, (iii) disability, or (iv) death, and the terms and conditions upon which, and the person or persons to whom, such payments shall be made; (i) providing for payment out of the fund of the cost of any benefits provided under any agreement referred to in subsection (5); (j) setting out the intervals of time within which an actuarial valuation of the fund shall be made; (k) respecting any matter necessary or advisable to carry out effectively the intent and purposes of this section. R.S.O. 1990, c. P.18, s. 24 (8). (9) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (10) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1994, c. 31, s. 2 - 26/12/1994; 1998, c. 15, Sched. E, s. 28 (1) - 07/11/1998 25 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E.s. 28 (1) - 01/04/1999 26 (1) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (2) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Note: By proclamation dated March 30, 1999, the Lieutenant Governor named April 1, 1999 as the day on which subsection 28 (1) of Schedule E to the Energy Competition Act, 1998 comes into force. The proclamation provided that with respect to the repeal of the Power Corporation Act by subsection 28 (1) of Schedule E to the Energy Competition Act, 1998, the proclamation applied only to specified provisions of the Power Corporation Act, including “Sections 25 to 26” and “Subsections 26 (1) and (2)”. Subsection 26 (3) of the Power Corporation Act provides: Idem (3) Despite anything to the contrary in the trade agreement entered into between the governments of Canada and the United States of America on the 2nd day of January, 1988 or any law of Canada implementing the agreement, the Lieutenant Governor in Council may by regulation, (a) authorize the Corporation to participate in one or more government programs relating to economic development and named in the regulation; and (b) prescribe the region or regions to which that authority extends, the manner in which that authority shall be exercised and the conditions to which that authority is subject. R.S.O. 1990, c. P.18, s. 26 (3). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E. s. 28 (1) - 01/04/1999 27-51 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 52 (1) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (1.1) Repealed: 1997, c. 29, s. 66 (1). (2) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (3) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (3.1) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (3.2) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (4) Repealed: 1997, c. 5, s. 68 (3). (5) Repealed: 1997, c. 5, s. 68 (3). (6) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (7) Repealed: 1997, c. 29, s. 66 (3). (8) Repealed: 1997, c. 29, s. 66 (3). (9) Repealed: 1997, c. 29, s. 66 (4). (10) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (11) Repealed: 1997, c. 31, s. 165. (12)-(18) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1997, c. 5, s. 68 (3) - 01/01/1998; 1997, c. 29, s. 66 (1-5) - 01/01/1998; 1997, c. 31, s. 165 - 01/01/1998; 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 53-64 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 65 (1) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (1.1) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (2) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (3) Repealed: 1992, c. 10, s. 5 (2). Section Amendments with date in force (d/m/y) 1992, c. 10, s. 5 (2) - 25/06/1992; 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 66-75 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 PART Ii supply of power 76-81 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 82 (1)-(6) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (7)-(11) Repealed: 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 2002, c. 17, Sched. F, Table - 01/01/2003 83 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1994, c. 31, s. 3 - 09/12/1994; 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 83.1 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1994, c. 31, s. 4 - 09/12/1994; 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 83.2 (1)-(28) Repealed: 1998, c. 15, Sched. E, s. 28 (1). What is transferred (29) Except as otherwise agreed by the Corporation and a commission, the commission acquires, on the transfer date, all assets (including equipment rented by the Corporation to those within the expanded area), liabilities, land, works and interests related to the distribution of power within the expanded area supplied by the Corporation. 1994, c. 31, s. 4. Interpretation (30) In subsection (29), “commission” includes a municipal corporation that supplies power. 1994, c. 31, s. 4. Exception to subs. (29) (31) Subsection (29) does not operate to transfer anything, (a) related to the distribution of power, on the day before the transfer date, to a customer as defined in subsection 37 (1) of the Ontario Energy Board Act; (b) used, or planned by the Corporation for use, in the supply of power outside the expanded service area; (c) normally inside transformer station premises if the station is supplied at voltages in excess of 50 kilovolts; or (d) that has components operating, or designed for operating, at voltages above 50 kilovolts. 1994, c. 31, s. 4. Section Amendments with date in force (d/m/y) 1994, c. 31, s. 4 - 09/12/1994; 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 83.3-83.7 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1994, c. 31, s. 4 - 09/12/1994; 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 84-98 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E. s. 28 (1) - 01/04/1999 PART III (s. 99) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E. s. 28 (1) - 01/04/1999 PART Iv (ss. 100-109) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E. s. 28 (1) - 01/04/1999 PART v (ss. 110, 111) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E. s. 28 (1) - 01/04/1999 (s. 112 (1)-(6)) Repealed: 1998, c. 15, Sched. E, s. 28 (1). (s. 112 (7)) Repealed: 1997, c. 26, Sched. Section Amendments with date in force (d/m/y) 1997, c. 26, Sched. - 01/01/1998; 1998, c. 15, Sched. E. s. 28 (1) - 01/04/1999 (ss. 113-125) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 PART VI MUNICIPAL COMMISSIONS 126 (1) Repealed: 1998, c. 15, Sched. E, s. 28 (1). Municipal commission, how composed in a local municipality of 60,000 or over (2) Despite An Act respecting the City of Toronto, being chapter 119 of the Statutes of Ontario, 1911, in a local municipality having a population of 60,000 or over according to the last enumeration of the assessor, the corporation of which has entered into a contract with the Corporation under this Act, the commission to be established for the control and management of the construction, operation and maintenance of all works undertaken by the corporation for the distribution and supply of power may consist of three members, one of whom shall be the mayor of the local municipality, one of whom shall be appointed by the municipal council of the local municipality for two years and until his or her successor is appointed, and the third of whom shall be appointed by the Corporation for two years and until his or her successor is appointed, and the appointees are eligible for reappointment. R.S.O. 1990, c. P.18, s. 126 (2); 2002, c. 17, Sched. F, Table. Appointment of successor to commissioner appointed by Corporation (3) If an appointed member of a commission referred to in subsection (2) dies, or wishes to resign, or refuses to act, or becomes unable from any cause to perform his or her duties, the municipal council or the Corporation, as the case may be, may appoint a successor in his or her stead for the remainder of his or her term of office, and such successor is eligible for reappointment. R.S.O. 1990, c. P.18, s. 126 (3). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 2002, c. 17, Sched. F, Table - 01/01/2003 127 Repealed: 1998, c. 15, Sched. E, s. 28 (1). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 28 (1) - 01/04/1999 ______________