BROADER PUBLIC SECTOR: ENERGY REPORTING AND CONSERVATION AND DEMAND MANAGEMENT PLANS

Definitions 1. In this Regulation, “municipal service board” means, (a) a municipal service board or joint municipal service board established or continued under the Municipal Act, 2001, (b) a city board or joint city board established or continued under the City of Toronto Act, 2006, or (c) a joint board established in accordance with a transfer order made under the Municipal Water and Sewage Transfer Act, 1997; (“commission de services municipaux”) “Portfolio Manager” means the ENERGY STAR Portfolio Manager electronic reporting system developed by the United States Environmental Protection Agency, as adapted for use in Canada and administered by Natural Resources Canada, and available on the Internet; (“Portfolio Manager”) “post-secondary educational institution” means a university in Ontario, a college of applied arts and technology in Ontario or another post-secondary educational institution in Ontario, if the university, college or institution receives an annual operating grant; (“établissement d’enseignement postsecondaire”) “public hospital” means a hospital within the meaning of the Public Hospitals Act; (“hôpital public”) “school board” means a board within the meaning of the Education Act. (“conseil scolaire”) Prescribed public agencies 2. For the purposes of the definition of “public agency” in subsection 25.35.2 (1) of the Act, the following are prescribed as public agencies: 1. Every municipality. 2. Every municipal service board. 3. Every post-secondary educational institution. 4. Every public hospital. 5. Every school board. Plan 3. (1) Every public agency that is not a ministry of the Government of Ontario shall prepare an energy conservation and demand management plan. (2) The energy conservation and demand management plan shall be approved by the senior management of the public agency to whom the plan applies before the public agency publishes the plan on the public agency’s website and makes the plan available to the public in printed form at the public agency’s head office in accordance with section 9. Plan, prescribed operations 4. The operation, by a public agency, of a building or facility referred to in Table 1 for that type of public agency is prescribed as an operation for the purposes of paragraphs 1 and 2 of subsection 25.35.2 (3) of the Act. Plan, prescribed additional information 5. (1) The following information is prescribed, for the purposes of paragraph 4 of subsection 25.35.2 (3) of the Act, as additional information the energy conservation and demand management plan must include: 1. A summary of annual greenhouse gas emissions for each of the public agency’s prescribed operations, which shall be included in the summary of the public agency’s annual energy consumption required under paragraph 1 of subsection 25.35.2 (3) of the Act. 2. A description of the results of previous activities and measures to conserve the energy consumed by the public agency’s prescribed operations and to otherwise reduce the amount of energy consumed by the public agency, including by employing such energy conservation and demand management methods as may be prescribed. 3. The cost and saving estimates for the public agency’s current and proposed activities and measures referred to in paragraph 2 of subsection 25.35.2 (3) of the Act. 4. A description of any renewable energy generation facility operated by the public agency and the amount of energy produced on an annual basis by the facility. 5. A description of, i. the ground source energy utilized, if any, by ground source heat pump technology operated by the public agency, ii. the solar energy utilized, if any, by thermal air technology or thermal water technology operated by the public agency, and iii. the proposed plan, if any, to operate heat pump technology, thermal air technology or thermal water technology in the future. 6. The estimated length of time the public agency’s current and proposed activities and measures referred to in paragraph 2 of subsection 25.35.2 (3) of the Act will be in place. 7. A confirmation that the energy conservation and demand management plan has been approved by the public agency’s senior management. (2) The energy conservation and demand management plan may also include information on the operation of a building or facility by the public agency that is not a prescribed operation for that public agency. Summary, prescribed operations of certain buildings or facilities 6. (1) The information required under section 7 for each of the public agency’s prescribed operations is required only if the public agency owns or leases the building or facility whose operation is prescribed and, (a) the building or facility is heated or cooled and the public agency is issued the invoices and is responsible for making the payments for the building or facility’s energy consumption; or (b) the operation is related to the treatment of water or sewage, whether the building or facility is heated or cooled, and the public agency is issued the invoices and is responsible for making the payments for the building or facility’s energy consumption. (2) If only part of the building or facility is heated or cooled, the public agency is only required to include the information required under section 7 for the part of the building or facility that is heated or cooled. Summary, prescribed requirements 7. (1) The summary of annual energy consumption required under paragraph 1 of subsection 25.35.2 (3) of the Act and the summary of annual greenhouse gas emissions required under paragraph 1 of subsection 5 (1) of this Regulation shall be for the year that ends on December 31 immediately preceding the day the summary is required to be submitted. (2) The summary for a year must include the following information for each of the public agency’s prescribed operations: 1. The name of the building or facility. 2. The address of the building or facility. 3. The total floor area of the indoor space of the building or facility. 4. The type of the building or facility, as set out in a paragraph in Column 2 of Table 1. 5. If the building or facility has more than one use, the type of the building or facility for the purpose of paragraph 4 shall be determined based on the use that occupies the largest amount of total floor area of the indoor space or, if more than one use occupies the same amount of total floor area of the indoor space, based on one of those uses chosen by the public agency. 6. A description of the days and hours in the year during which the building or facility is operated and, if the building or facility is operated on a seasonal basis, the period or periods during the year when it is operated. 7. The total amount of each type of energy that was consumed in the year to operate the building or facility and that was purchased by the public agency, regardless of when it was purchased. 8. The total amount of greenhouse gas emissions that were emitted in the year with respect to each type of energy, calculated from the total amount of each type of energy included under paragraph 7. (3) The summary for a year must also include the following information, if applicable: 1. If the public agency is a school board whose operation of a school is prescribed, i. whether the school had classrooms in temporary accommodations and the number of such classrooms, and ii. whether the school had an indoor swimming pool. 2. If the public agency is a public hospital whose operation of a facility used for hospital purposes is prescribed, whether the facility was operated as a chronic or acute care facility, or both. 3. If the public agency is a municipality or municipal service board whose operation of a building or facility related to the treatment of water or sewage is prescribed, i. the volumetric flow rate of water treated, if the building or facility treats water, or ii. the volumetric flow rate of sewage treated, if the building or facility treats sewage. (4) A public agency may exclude, from the summary, any amount of energy consumed or greenhouse gas emitted related to the temporary use of an emergency or back-up generator to continue the operation of the building or facility. (5) In this section, “volumetric flow rate” means a rate that sets out the flow of water or sewage in units of volume over time. Summary, submission to Ministry 8. (1) Each year, every public agency shall submit to the Ministry, through the use of Portfolio Manager, the summaries referred to in subsection 7 (1). (2) The summaries for a year ending December 31 shall be submitted on or before July 1 of the following year. (3) Despite subsection (2), (a) the summaries for the year ending December 31, 2021 shall be submitted on or before July 1, 2023; and (b) the summaries for the years ending December 31, 2022 and December 31, 2023 shall be submitted on or before July 1, 2024. Plan, publication 9. (1) On or before July 1, 2024 and on or before July 1 in every fifth year thereafter, every public agency shall publish on its website, and make available to the public in printed form at its head office, the public agency’s energy conservation and demand management plan. (2) The reference to the plan in subsection (1) does not include the summaries referred to in subsection 7 (1), other than the summaries for the most recent year before the applicable due date referred to in subsection (1). 10. Omitted (revokes other Regulations). 11. Omitted (provides for coming into force of provisions of this Regulation). TABLE 1 Item Column 1 Type of Public Agency Column 2 Buildings and Facilities Whose Operation is Prescribed 1. Municipality 1. Administrative offices and related facilities, including municipal council chambers. 2. Public libraries. 3. Cultural facilities, indoor recreational facilities and community centres, including art galleries, performing arts facilities, auditoriums, indoor sports arenas, indoor ice rinks, indoor swimming pools, gyms and indoor courts for playing tennis, basketball or other sports. 4. Ambulance stations and associated offices and facilities. 5. Fire stations and associated offices and facilities. 6. Police stations and associated offices and facilities. 7. Storage facilities where equipment or vehicles are maintained, repaired or stored. 8. Buildings or facilities related to the treatment of water or sewage. 9. Parking garages. 2. Municipal service board 1. Buildings or facilities related to the treatment of water or sewage. 3. Post-secondary educational institution 1. Administrative offices and related facilities. 2. Classrooms and related facilities. 3. Laboratories. 4. Student residences that have more than three storeys or a building area of more than 600 square metres. 5. Student recreational facilities and athletic facilities. 6. Libraries. 7. Parking garages. 4. School board 1. Schools. 2. Administrative offices and related facilities. 3. Parking garages. 5. Public hospital 1. Facilities used for hospital purposes. 2. Administrative offices and related facilities.