Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B

CONTENTS PART I GENERAL 1. Board objectives, electricity 2. Board objectives, gas 2.1 Board objectives 3. Definitions PART II THE BOARD 4. Ontario Energy Board 4.1 Board of directors 4.2 Chief executive officer 4.3 Commissioners and panels 4.3.1 Market Surveillance Panel 4.4 Processes, stakeholder input 4.4.1 Processes, representation of consumer and other interests 4.5 Fiscal year 4.6 Memorandum of understanding 4.7 Minister’s request for information 4.8 Financial statements 4.9 Annual report 4.9.1 Tabling of annual report 4.10 By-laws 4.11 Restrictions on Board powers 4.12 Purchases and loans by Province 4.13 Authority re income 4.14 Collection of personal information 4.15 Non-application of certain Acts 4.16 Members and employees 5. Registrar 6. Delegation of Board’s powers and duties 7. Appeal from delegated function 8. Review of delegated function 9. Power to administer oaths 10. Not required to testify 11. Liability 12. Fees and access to licences 12.1 Fees 13. Forms 13.1 Policies re certain Board processes 14. Assistance 15. Orders and licences 18. Transfer of authority or licence 19. Board’s powers, general 20. Powers, procedures applicable to all matters 21. Board’s powers, miscellaneous 21.1 Liquidators, etc. 22.1 Final decision 23. Conditions of orders 24. Written reasons to be made available 25. Obedience to orders of Board a good defence 26. Assessment 26.1 Assessment, Ministry conservation programs, etc. 26.2 Special purposes 27. Policy directives 27.1 Conservation directives 27.2 Directives re conservation and demand management targets 28. Directives re: market rules, conditions 28.1 Licence condition directives 28.2 Directives re: commodity risk 28.3 Directives re smart metering initiative 28.4 Directives re regulatory and accounting treatment of costs 28.5 Directives, smart grid 28.6 Directives, connections 28.6.1 Directives, transmission systems 28.7 Directives, gas marketers and electricity retailers 28.8 Directives, requirement to hold generic hearing (natural gas, electricity) 29. Refrain from exercising power 30. Costs 32. Stated case 33. Appeal to Divisional Court 34. No petition to Lieutenant Governor in Council 35. Question referred to Board PART III GAS REGULATION 36. Order of Board required 36.0.1 Revenue horizon (natural gas) 36.1 Gas storage areas 36.2 Rate protection — expansion of natural gas distribution systems 37. Prohibition, gas storage in undesignated areas 38. Authority to store 39. Gas storage, surplus facilities and approval of agreements 40. Referral to Board of application for well licence 41. Allocation of market demand 42. Duties of gas transmitters and distributors 43. Change in ownership or control of systems 43.1 Procurement restrictions 44. Rules 45. Proposed rules, notice and content 46. Rules, effective date and gazette publication PART IV GAS MARKETING 47. Definitions, Part IV 48. Requirement to hold licence 49. Where not in compliance 50. Application for licence 51. Licence conditions and renewals 52. Amendment of licence 53. Cancellation on request PART V REGULATION OF ELECTRICITY 56. Definitions, Part V 57. Requirement to hold licence 57.1 Pilot or demonstration projects to facilitate innovation 58. Where not in compliance 58.1 Head office of distributor in Ontario 59. Interim licences 59.1 Appointment of supervisor 60. Application for licence 66. Mutual access, electricity generated outside Ontario 70. Licence conditions 70.1 Codes that may be incorporated as licence conditions 70.2 Proposed codes, notice and content 70.3 Effective date and gazette publication 70.4 Regulations, deemed amendments to certain codes 70.5 Regulations, exemptions from certain codes 71. Restriction on business activity 72. Separate accounts 73. Procurement restrictions 74. Amendment of licence 77. Suspension or revocation, Board consideration 78. Orders by Board, electricity rates 78.1 Payments to prescribed generator 78.2 Payments to the Financial Corporation 78.3 Payments to transmitters from public funds 78.5 Payments to distributors under conservation and demand management programs 78.6 Conflict with market rules 79. Rural or remote consumers 79.1 Cost recovery, connecting generation facilities 79.2 Rate assistance 79.2.1 Confidentiality, information sharing, etc. 79.3 Distribution rate-protected residential consumers 79.4 Delivery credit for on-reserve consumers 79.5 Application 79.6 Definition 79.7 Records 79.8 Inspections and inquiries 79.9 Recovery of overpayments 79.10 Confidentiality 79.11 Offences 79.16 Commodity price for electricity: low volume consumers, etc. 79.17 Form of invoice for prescribed classes of consumers 80. Prohibition, generation by transmitters or distributors 81. Prohibition, transmission or distribution by generators 82. Review of acquisition 82.1 Exemptions 83. Standards, targets and criteria 84. Distinction between transmission and distribution, determination 86. Change in ownership or control of systems 87. Board to monitor markets 88. Regulations, electricity licences PART V.1 GAS MARKETERS AND RETAILERS OF ELECTRICITY — STANDARDS AND AUDITS 88.1 Licences 88.2 Licensing employees, etc. 88.3 Powers of audit 88.4 Regulations PART V.2 ELECTRIC VEHICLE CHARGING 88.5 Definitions 88.6 Application of Act 88.7 Regulations PART VI TRANSMISSION AND DISTRIBUTION LINES 89. Definitions, Part VI 90. Leave to construct hydrocarbon line 91. Application for leave to construct hydrocarbon line or station 92. Leave to construct, etc., electricity transmission or distribution line 94. Route map 95. Exemption, subs. 90 (1) or 92 (1) 96. Order allowing work to be carried out 96.1 Lieutenant Governor in Council, order re electricity transmission line 96.2 Directives, applications re certain natural gas lines 97. Condition, land-owner’s agreements 97.1 No leave if covered by licence 97.2 Leave in the procurement, selection context 97.3 Procurement contracts re transmission systems 98. Right to enter land 99. Expropriation 100. Determination of compensation 101. Crossings with leave 102. Right to compensation for damages 103. Entry upon land 104. Non-application, Public Utilities Act, s. 58 PART VI.1 ELECTRICITY INFRASTRUCTURE 104.1 Definitions 104.2 Application 104.3 Regulations 104.4 Compensation 104.5 Board objectives, electricity infrastructure PART VII INSPECTORS AND INSPECTIONS 105. Board receives complaints and makes inquiries 106. Inspectors 107. Power to require documents, etc. 108. Inspections 109. Notifying Board 110. Evidence, Board proceedings 111. Confidentiality 111.1 Publication of inspection reports 112. Evidence PART VII.0.1 INVESTIGATORS AND INVESTIGATIONS 112.0.1 Investigators 112.0.2 Search warrant 112.0.3 Seizure of thing not specified 112.0.4 Searches in exigent circumstances 112.0.5 Witnesses 112.0.6 Confidentiality PART VII.1 COMPLIANCE 112.2 Procedure for orders under ss. 112.3 to 112.5 112.3 Action required to comply, etc. 112.4 Suspension or revocation of licences 112.5 Administrative penalties 112.6 Restraining orders 112.7 Voluntary compliance 112.8 Public record PART VII.2 COMPLIANCE RE PART II OF THE ENERGY CONSUMER PROTECTION ACT, 2010 112.9 Application 112.10 Freeze order 112.11 Order for immediate compliance 112.12 Voluntary compliance PART IX MISCELLANEOUS 121. Rules 122. Provincial offences officers 125. Obstruction 125.1 Method of giving notice 125.2 Duties of directors and officers of a corporation 126. Offences 126.0.1 Order for compensation, restitution 126.0.2 Default in payment of fines 126.0.3 Liens and charges 126.1 Admissibility in evidence of certified statements 127. Regulations, general 128. Conflict with other legislation 128.1 Reports on Board effectiveness 130. Transition, uniform system of accounts 131. Transition, undertakings 132. Transition, director of licensing 133. No cause of action, Fixing the Hydro Mess Act, 2019 134. No cause of action, procurement restrictions PART I GENERAL Board objectives, electricity 1 (1) The Board, in carrying out its responsibilities under this or any other Act in relation to electricity, shall be guided by the following objectives: 1. To inform consumers and protect their interests with respect to prices and the adequacy, reliability and quality of electricity service. 1.1 Repealed: 2019, c. 6, Sched. 2, s. 1. 2. To promote economic efficiency and cost effectiveness in the generation, transmission, distribution, sale and demand management of electricity and to facilitate the maintenance of a financially viable electricity industry. 2.1 To regulate the electricity sector in a manner that supports economic growth, consistent with the policies of the Government of Ontario. 3. To promote electricity conservation and demand management in a manner consistent with the policies of the Government of Ontario, including having regard to the consumer’s economic circumstances. 4. To facilitate innovation in the electricity sector. 5. Repealed: 2020, c. 36, Sched. 34, s. 1. 2004, c. 23, Sched. B, s. 1; 2009, c. 12, Sched. D, s. 1; 2015, c. 29, s. 7; 2019, c. 6, Sched. 2, s. 1; 2020, c. 36, Sched. 34, s. 1; 2025, c. 22, Sched. 3, s. 1. (2) Repealed: 2016, c. 10, Sched. 2, s. 11. Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (1) - 09/12/2002 2003, c. 3, s. 2- 01/08/2003 2004, c. 23, Sched. B, s. 1 - 01/01/2005 2009, c. 12, Sched. D, s. 1 - 09/09/2009 2015, c. 29, s. 7 - 04/03/2016 2016, c. 10, Sched. 2, s. 11 - 01/07/2016 2019, c. 6, Sched. 2, s. 1 - 01/10/2020 2020, c. 36, Sched. 34, s. 1 - 08/12/2020 2025, c. 22, Sched. 3, s. 1 - 11/12/2025 Board objectives, gas 2 The Board, in carrying out its responsibilities under this or any other Act in relation to gas, shall be guided by the following objectives: 1. To facilitate competition in the sale of gas to users. 2. To inform consumers and protect their interests with respect to prices and the reliability and quality of gas service. 3. To facilitate rational expansion of transmission and distribution systems. 4. To facilitate rational development and safe operation of gas storage. 5. To promote energy conservation and energy efficiency in accordance with the policies of the Government of Ontario, including having regard to the consumer’s economic circumstances. 5.1 To facilitate the maintenance of a financially viable gas industry for the transmission, distribution and storage of gas. 6. To promote communication within the gas industry. 1998, c. 15, Sched. B, s. 2; 2002, c. 23, s. 4 (2); 2003, c. 3, s. 3; 2004, c. 23, Sched. B, s. 2; 2009, c. 12, Sched. D, s. 2; 2019, c. 6, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (2) - 09/12/2002 2003, c. 3, s. 3 - 01/08/2003 2004, c. 23, Sched. B, s. 2 - 01/01/2005 2009, c. 12, Sched. D, s. 2 - 09/09/2009 2019, c. 6, Sched. 2, s. 2 (1, 2) - 01/10/2020 Board objectives 2.1 The Board, in exercising its powers and performing its duties under this or any other Act, shall be guided by the objective of facilitating the implementation of any directives issued under subsection 25.30 (2) of the Electricity Act, 1998. 2016, c. 10, Sched. 2, s. 12; 2024, c. 26, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 10, Sched. 2, s. 12 - 01/07/2016 2024, c. 26, Sched. 1, s. 7 - 04/12/2024 Definitions 3 (1) In this Act, “affiliate”, with respect to a corporation, has the same meaning as in the Business Corporations Act; (“membre du même groupe”) “associate”, where used to indicate a relationship with any person, means, (a) any body corporate of which the person owns, directly or indirectly, voting securities carrying more than 50 per cent of the voting rights attached to all voting securities of the body corporate for the time being outstanding, (b) any partner of that person, (c) any trust or estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar capacity, (d) any relative of the person, including the person’s spouse as defined in the Business Corporations Act, where the relative has the same home as the person, or (e) any relative of the spouse, as defined in the Business Corporations Act, of the person, where the relative has the same home as the person; (“personne qui a un lien”) “Board” means the Ontario Energy Board; (“Commission”) “board of directors” means the board of directors of the Board set out under section 4.1; (“conseil d’administration”) “chief commissioner” means the commissioner who is chief commissioner under section 4.3; (“commissaire en chef”) “chief executive officer” means the chief executive officer under section 4.2; (“chef de la direction”) “commissioner” means a commissioner under section 4.3; (“commissaire”) “construct” means construct, reconstruct, relocate, enlarge or extend; (“construire”) “distribute”, with respect to electricity, means to convey electricity at voltages of 50 kilovolts or less; (“distribuer”) “distribution system” means a system for distributing electricity, and includes any structures, equipment or other things used for that purpose; (“réseau de distribution”) “distributor” means a person who owns or operates a distribution system; (“distributeur”) “enforceable provision” means, (a) a provision of this Act or the regulations, (b) a provision of Part II of the Energy Consumer Protection Act, 2010 or of the regulations made under it, (c) a provision of Part III of the Energy Consumer Protection Act, 2010 or of the regulations made under it, (c.1) a provision of a regulation made under Part III.1 of the Energy Consumer Protection Act, 2010, (c.2) a provision of the Ontario Rebate for Electricity Consumers Act, 2016 or the regulations made under it, (c.2.1) section 28.1 of the Electricity Act, 1998 or a provision of a regulation made under that section, (c.3) section 25.35.8 of the Electricity Act, 1998 or a provision of a regulation made under that section, (d) subsection 5 (4), (5), (6) or (7) or section 25.33, 25.36, 25.37, 26, 27, 28, 28.1, 29, 30.1, 31, 53.11, 53.13, 53.15, 53.16 or 53.18 of the Electricity Act, 1998, or any other provision of that Act that is prescribed by the regulations, (e) regulations made under clause 114 (1.3) (f) or (h) of the Electricity Act, 1998, (f) a condition of a licence issued under Part IV, V or V.1, (g) a provision of the rules made under section 44 or a code issued under section 70.1, (h) a provision of an order of the Board, (i) a provision of an assurance of voluntary compliance that is given to the Board under section 112.7 or that was entered into under section 88.8 before that section was repealed, or (j) a provision of any other Act or the regulations made under an Act, as may be prescribed by regulation; (“disposition exécutoire”) “fuel oil” means any liquid hydrocarbon within the meaning from time to time of the Canadian General Standards Board specification CAN/CGSB-3.2-M89 entitled FUEL OIL HEATING, CAN/CGSB-3.3-M89 entitled KEROSENE, CAN/CGSB-3.6-M90 entitled AUTOMOTIVE DIESEL FUEL or, when used for heating, cooking or lighting, within the meaning from time to time of CAN/CGSB-3.27-M89 entitled NAPHTHA FUEL; (“mazout”) “gas” means natural gas, substitute natural gas, synthetic gas, manufactured gas, propane-air gas or any mixture of any of them; (“gaz”) “gas distributor” means a person who delivers gas to a consumer and “distribute” and “distribution” have corresponding meanings; (“distributeur de gaz”, “distribuer”, “distribution”) “gas transmitter” means a person who carries gas by hydrocarbon transmission line, and “transmit” and “transmission” have corresponding meanings; (“transporteur de gaz”, “transporter”, “transport”) “generic hearing” means a hearing held under subsection 19 (4) to determine one or more matters pertaining to multiple persons or entities whose activities are regulated by the Board under this Act; (“audience générique”) “IESO” means the Independent Electricity System Operator established under the Electricity Act, 1998; (“SIERE”) “land” includes any interest in land; (“bien-fonds”) “manufactured gas” means any artificially produced fuel gas, except acetylene and any other gas used principally in welding or cutting metals; (“gaz manufacturé”) “members of the Board” means the individuals who compose the Board under subsection 4 (5); (“membres de la Commission”) “Minister” means the Minister of Energy or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”) “oil” means crude oil, and includes any hydrocarbon that can be recovered in liquid form from a pool through a well; (“pétrole”) “pipe line” means a pipe that carries a hydrocarbon and includes every part of the pipe and adjunct thereto; (“pipeline”) “pool” means an underground accumulation of oil or natural gas or both, separated or appearing to be separated from any other such underground accumulation; (“gisement”) “producer” means a person who has the right to remove gas or oil from a well, and “produce” and “production” have corresponding meanings except when referring to documents or records; (“producteur”, “produire”, “production”) “propane” means a hydrocarbon consisting of 95 per cent or more of propane, propylene, butane or butylene, or any blend thereof; (“propane”) “rate” means a rate, charge or other consideration and includes a penalty for late payment; (“tarif”) “regulations” means the regulations made under this Act; (“règlements”) “renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”) “renewable energy source” has the same meaning as in the Electricity Act, 1998; (“source d’énergie renouvelable”) “smart grid” has the same meaning as in the Electricity Act, 1998; (“réseau intelligent”) “Smart Metering Entity” means the corporation incorporated, the limited partnership or the partnership formed or the entity designated pursuant to section 53.7 of the Electricity Act, 1998; (“Entité responsable des compteurs intelligents”) “smart metering initiative” means those policies of the Government of Ontario related to its decision to ensure Ontario electricity consumers are provided, over time, with smart meters; (“initiative des compteurs intelligents”) “station” means a compressor station, a metering station, an odorizing station or a regulating station; (“station”) “storage company” means a person engaged in the business of storing gas; (“compagnie de stockage”) “suite meter” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“compteur individuel”) “transmission system” means a system for transmitting electricity, and includes any structures, equipment or other things used for that purpose; (“réseau de transport”) “transmit”, with respect to electricity, means to convey electricity at voltages of more than 50 kilovolts; (“transporter”) “transmitter” means a person who owns or operates a transmission system; (“transporteur”) “unit smart metering” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“activités liées aux compteurs intelligents d’unité”) “unit smart meter provider” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“fournisseur de compteurs intelligents d’unité”) “unit sub-metering” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“activités liées aux compteurs divisionnaires d’unité”) “unit sub-meter provider” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“fournisseur de compteurs divisionnaires d’unité”) “utility line” means a pipe line, a telephone, telegraph, electric power or water line, or any other line that supplies a service or commodity to the public; (“ligne de service public”) “voting security” has the same meaning as in the Business Corporations Act; (“valeur mobilière avec droit de vote”) “well” means a hole drilled into a geological formation of Cambrian or more recent age, except a hole where no gas or oil is encountered that is drilled for the production of fresh water or salt. (“puits”) 1998, c. 15, Sched. B, s. 3; 1999, c. 6, s. 48; 2002, c. 1, Sched. B, s. 1; 2002, c. 23, s. 4 (3); 2003, c. 3, s. 4; 2005, c. 5, s. 51; 2006, c. 3, Sched. C, s. 1; 2009, c. 12, Sched. D, s. 3; 2010, c. 8, s. 38 (1); 2010, c. 26, Sched. 13, s. 17 (1); 2011, c. 9, Sched. 27, s. 34 (1); 2014, c. 7, Sched. 23, s. 1; 2016, c. 19, s. 17 (1); 2016, c. 23, s. 61; 2017, c. 2, Sched. 10, s. 2 (1); 2017, c. 34, Sched. 18, s. 3; 2018, c. 16, s. 7 (1); 2019, c. 6, Sched. 2, s. 3; 2020, c. 34, Sched. 14, s. 1; 2024, c. 10, s. 1; 2024, c. 26, Sched. 2, s. 1 (1); 2024, c. 26, Sched. 3, s. 3 (1); 2025, c. 22, Sched. 3, s. 2. Deemed code amendments (2) A reference in this or any other Act to a code issued under section 70.1 includes a reference to amendments specified under section 70.4 that are deemed to have been issued under section 70.1, as applicable, except in the context of subsection 33 (1) or section 121. 2024, c. 26, Sched. 2, s. 1 (2). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 48 - 01/03/2000 2002, c. 1, Sched. B, s. 1 - 27/06/2002; 2002, c. 23, s. 4 (3) - 09/12/2002 2003, c. 3, s. 4 - 01/08/2003 2005, c. 5, s. 51 - 09/03/2005 2006, c. 3, Sched. C, s. 1 - 03/05/2006 2009, c. 12, Sched. D, s. 3 - 09/09/2009 2010, c. 8, s. 38 (1) - 01/01/2011; 2010, c. 26, Sched. 13, s. 17 (1) - 01/01/2011 2011, c. 9, Sched. 27, s. 34 (1) - 06/06/2011 2014, c. 7, Sched. 23, s. 1 - 01/01/2015 2016, c. 19, s. 17 (1) - 01/01/2017; 2016, c. 23, s. 61 - 05/12/2016 2017, c. 2, Sched. 10, s. 2 (1) - 22/03/2017; 2017, c. 34, Sched. 18, s. 3 - 14/12/2017 2018, c. 16, s. 7 (1) - 01/01/2019 2019, c. 6, Sched. 2, s. 3 (1-3) - 01/10/2020 2020, c. 34, Sched. 14, s. 1 - 08/12/2020 2024, c. 10, s. 1 - 16/05/2024; 2024, c. 26, Sched. 2, s. 1 (1, 2) - 04/12/2024; 2024, c. 26, Sched. 3, s. 3 (1) - 04/12/2024 2025, c. 22, Sched. 3, s. 2 - 11/12/2025 PART II THE BOARD Ontario Energy Board Board continued 4 (1) The Ontario Energy Board is continued as a corporation without share capital under the name Ontario Energy Board in English and Commission de l’énergie de l’Ontario in French. 2003, c. 3, s. 5 (2). Powers (2) The Board has the capacity and the rights, powers and privileges of a natural person for the purpose of exercising and performing its powers and duties under this or any other Act, except as otherwise provided in this Act. 2003, c. 3, s. 5 (4). Duties (3) The Board shall perform the duties assigned to it under this or any other Act. 2003, c. 3, s. 5 (4). Crown agency (4) The Board is an agent of the Crown in right of Ontario, and its powers may be exercised only as an agent of the Crown. 2003, c. 3, s. 5 (4). Composition of the Board (5) The Board shall be composed of, (a) a board of directors; (b) a chief executive officer; (c) commissioners, including a chief commissioner; and (d) any other person or class of persons prescribed by the regulations, appointed in accordance with the regulations. 2019, c. 6, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 5 - 01/08/2003 2019, c. 6, Sched. 2, s. 4 - 01/10/2020 CTS 6 FE 25 - 1 Board of directors 4.1 (1) The board of directors shall manage and supervise the management of the Board’s business and affairs, and perform such other duties as are assigned to the board of directors under this or any other Act. 2019, c. 6, Sched. 2, s. 5. Composition (2) The board of directors shall be composed of at least five and no more than 10 members appointed by the Lieutenant Governor in Council. 2019, c. 6, Sched. 2, s. 5. Restriction on appointment (3) A person who is a person or in a class of persons prescribed by the regulations is not eligible to be appointed as a director. 2019, c. 6, Sched. 2, s. 5; 2020, c. 36, Sched. 34, s. 2. Term of initial appointment (4) The first term of office of a person who is appointed to the board of directors shall not exceed two years. 2019, c. 6, Sched. 2, s. 5. Reappointment (5) A person appointed to the board of directors may be reappointed for one or more terms of up to three years each. 2019, c. 6, Sched. 2, s. 5. Directors to be independent (6) Each director shall hold office as an independent director and not as a representative of any class of persons. 2019, c. 6, Sched. 2, s. 5. Director’s duties (7) Every director shall, in exercising his or her powers and performing his or her duties as a director, (a) act honestly and in good faith in the best interests of the Board; and (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. 2019, c. 6, Sched. 2, s. 5. Chair, vice-chair (8) The Lieutenant Governor in Council shall appoint a chair, and may appoint a vice-chair, from among the members of the board of directors. 2019, c. 6, Sched. 2, s. 5. Duties of chair (9) The chair shall, (a) oversee the efficient administration of the business of the board of directors; (b) preside over meetings of the board of directors; (c) be accountable to the Minister for the effective delivery of the Board’s objectives; (d) be accountable to the Minister for the independence of persons and entities hearing and determining matters within the Board’s jurisdiction in their decision-making; (e) perform such other duties as are assigned to the chair under this or any other Act. 2019, c. 6, Sched. 2, s. 5. Term, chair and vice-chair (10) The chair and vice-chair hold office for the term specified by the Lieutenant Governor in Council, which shall not exceed his or her term as a member of the board of directors. 2019, c. 6, Sched. 2, s. 5. Chair may delegate to vice-chair (11) The chair may in writing delegate any of his or her powers or duties as chair to the vice-chair, subject to any conditions or restrictions specified in the delegation. 2019, c. 6, Sched. 2, s. 5. Acting chair (12) The vice-chair may exercise the powers and perform the duties of the chair if the chair is absent or unable to act. 2019, c. 6, Sched. 2, s. 5. Same (13) If the chair is absent or unable to act and no vice-chair is available, the members present shall appoint an acting chair from among themselves. 2019, c. 6, Sched. 2, s. 5. Quorum (14) Subject to by-laws made under clause 4.10 (2) (f), a majority of the board of directors constitute a quorum. 2019, c. 6, Sched. 2, s. 5. Committees (15) The board of directors shall, in accordance with the by-laws made under section 4.10, establish an adjudication committee of the board of directors, and may, in accordance with those by-laws, establish any other committees of the board of directors. 2019, c. 6, Sched. 2, s. 5. Adjudication committee (16) The adjudication committee may require the chief commissioner to provide to it such information it specifies, in the time and manner it specifies, respecting the efficiency, timeliness and dependability of the hearing and determination of matters over which the Board has jurisdiction, and shall report the information to the board of directors. 2019, c. 6, Sched. 2, s. 5. Exercise of Board powers, duties (17) Except where this Act provides otherwise and subject to the regulations, the powers and duties of the Board, other than with respect to the hearing and determination of matters over which the Board has jurisdiction, may be exercised and shall be performed by the board of directors. 2019, c. 6, Sched. 2, s. 5. No interference (18) For greater certainty, no power given to the board of directors or a director under this or any other Act permits the board of directors or a director to interfere with or influence the hearing or determination of a matter over which the Board has jurisdiction. 2019, c. 6, Sched. 2, s. 5. Delegation (19) The board of directors may, subject to any conditions or restrictions the board of directors specifies and in accordance with the by-laws made under section 4.10, (a) delegate any of its powers or duties to a committee of the board of directors or to one or more directors; and (b) delegate any of its powers to manage the Board’s business and affairs to one or more officers employed by the Board. 2019, c. 6, Sched. 2, s. 5. Same, exception (20) Despite subsection (19), the board of directors shall not delegate any of its powers or duties under sections 4.8 to 4.10 and any other provision prescribed by the regulations. 2019, c. 6, Sched. 2, s. 5. Same, limitation (21) Despite subsection (19), the board of directors may only delegate its powers or duties under subsection 26 (1) or section 26.1 to the chief executive officer. 2019, c. 6, Sched. 2, s. 5. (22) Repealed: 2025, c. 22, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 6 - 01/08/2003 2019, c. 6, Sched. 2, s. 5 - 01/10/2020 2020, c. 36, Sched. 34, s. 2 - 08/12/2020 2025, c. 22, Sched. 3, s. 3 - 11/12/2025 Chief executive officer 4.2 (1) The board of directors shall appoint a person to the position of chief executive officer of the Board. 2019, c. 6, Sched. 2, s. 5. Duties of chief executive officer (2) The chief executive officer shall be responsible for the efficient and effective management of the operations of the Board, and shall perform such other duties as are assigned to the chief executive officer under this or any other Act. 2019, c. 6, Sched. 2, s. 5. Restriction on appointment (3) A person who is a person or in a class of persons prescribed by the regulations is not eligible to be appointed as chief executive officer. 2019, c. 6, Sched. 2, s. 5; 2020, c. 36, Sched. 34, s. 3. Not a director (4) The chief executive officer is an officer of the Board and not a member of its board of directors. 2019, c. 6, Sched. 2, s. 5. Participation (5) The chief executive officer may attend and participate at any meeting of the board of directors, but shall not have a vote with respect to any matter to be decided at the meeting. 2019, c. 6, Sched. 2, s. 5. Exception (6) Despite subsection (5), the board of directors may exclude the chief executive officer from attending any meeting if a matter to be discussed at the meeting involves the position, performance or functions and duties of the chief executive officer. 2019, c. 6, Sched. 2, s. 5. No interference (7) For greater certainty, no power given to the chief executive officer under this or any other Act permits the chief executive officer to interfere with or influence the hearing or determination of a matter over which the Board has jurisdiction. 2019, c. 6, Sched. 2, s. 5. (8), (9) Repealed: 2025, c. 22, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 7 - 01/08/2003 2009, c. 12, Sched. D, s. 4 - 01/03/2010 2019, c. 6, Sched. 2, s. 5 - 01/10/2020 2020, c. 36, Sched. 34, s. 3 - 08/12/2020 2025, c. 22, Sched. 3, s. 4 - 11/12/2025 Commissioners and panels Commissioners 4.3 (1) The board of directors shall, on the recommendation of the chief executive officer, appoint at least five commissioners for the hearing and determination of matters over which the Board has jurisdiction in accordance with this section. 2019, c. 6, Sched. 2, s. 5; 2021, c. 34, Sched. 18, s. 1 (1). Restriction on appointment (2) The following persons are not eligible to be appointed as a commissioner: 1. A person who has any material interest in or is a director, officer, employee or agent of, i. a market participant, ii. a generator, distributor, gas distributor, transmitter, gas transmitter, storage company, gas marketer or retailer, iii. a unit sub-meter provider, iv. the Smart Metering Entity, v. a person who sells electricity or ancillary services through the IESO-administered markets or directly to another person who is not a consumer, vi. an industry association that represents a person referred to in subparagraph i, ii, iii, iv or v, vii. the IESO, or viii. an affiliate of a person listed in subparagraph i, ii, iii, iv, v or vii. 2. Any person or class of persons prescribed by the regulations. 2020, c. 36, Sched. 34, s. 4. Chief commissioner (3) The board of directors shall, on the recommendation of the chief executive officer, appoint a commissioner to the position of chief commissioner. 2019, c. 6, Sched. 2, s. 5. Fixed terms (4) The appointment of a person to the position of commissioner under subsection (1) or chief commissioner under subsection (3) shall be for a fixed term, and may not be revoked without cause. 2019, c. 6, Sched. 2, s. 5. Term of initial appointment (5) The first term of office of a person who is appointed to the position of commissioner under subsection (1) or chief commissioner under subsection (3) shall not exceed two years. 2019, c. 6, Sched. 2, s. 5. Reappointment (6) A person appointed to the position of commissioner under subsection (1) or chief commissioner under subsection (3) may be reappointed for one or more terms of up to five years each. 2019, c. 6, Sched. 2, s. 5. Non-application of Labour Relations Act, 1995 (6.1) The Labour Relations Act, 1995 does not apply to commissioners. 2021, c. 34, Sched. 18, s. 1 (2). Panels (7) The chief commissioner may assign one or more commissioners to a panel. 2019, c. 6, Sched. 2, s. 5. Exercise of Board jurisdiction over matters (8) Except where this Act provides otherwise and subject to the regulations, the powers and duties of the Board with respect to the hearing and determination of matters over which it has jurisdiction may be exercised and shall be performed by panels of commissioners assigned for the purpose by the chief commissioner under subsection (7). 2019, c. 6, Sched. 2, s. 5. Same (9) For the purposes of subsection (8), a panel has all the jurisdiction of the Board. 2019, c. 6, Sched. 2, s. 5. Same (10) A commissioner assigned to a panel under subsection (8) shall not exercise any power or perform any duty of the Board except as a member of a panel to which he or she has been assigned. 2019, c. 6, Sched. 2, s. 5. Duties of chief commissioner (11) The chief commissioner shall, (a) ensure the efficiency, timeliness and dependability of the hearing and determination of matters over which the Board has jurisdiction, including by directing and supervising commissioners with respect to efficiency, timeliness and dependability; (b) report to the chief executive officer with respect to the efficiency, timeliness and dependability of the hearing and determination of matters over which the Board has jurisdiction; (c) be responsible for the training of commissioners; (d) perform such other duties as are assigned to the chief commissioner under this or any other Act. 2019, c. 6, Sched. 2, s. 5. Deputy chief commissioner (12) The chief commissioner may designate another commissioner as deputy chief commissioner, and the deputy chief commissioner may exercise the powers and perform the duties of the chief commissioner if the chief commissioner is absent or unable to act. 2019, c. 6, Sched. 2, s. 5. Rules of practice and procedure (13) The Board’s authority to make rules under section 25.1 of the Statutory Powers Procedure Act governing practice and procedure respecting the hearing and determination of matters over which the Board has jurisdiction shall be exercised by the chief commissioner on behalf of the Board. 2019, c. 6, Sched. 2, s. 5. (14) - (18) Repealed: 2025, c. 22, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 8 - 01/08/2003 2019, c. 6, Sched. 2, s. 5 - 01/10/2020 2020, c. 36, Sched. 34, s. 4 - 08/12/2020 2021, c. 34, Sched. 18, s. 1 (1, 2) - 02/12/2021 2025, c. 22, Sched. 3, s. 5 - 11/12/2025 Market Surveillance Panel 4.3.1 (1) The Market Surveillance Panel established by the board of directors of the Independent Electricity Market Operator under subsection 13 (1) of the Electricity Act, 1998 as it read on January 1, 2004 is continued as the Market Surveillance Panel of the Board. 2004, c. 23, Sched. B, s. 3. Appointment (2) The board of directors shall appoint the members of the Market Surveillance Panel. 2004, c. 23, Sched. B, s. 3; 2019, c. 6, Sched. 2, s. 28 (1). Membership (3) No person shall be appointed as a member of the Market Surveillance Panel if he or she has any material interest in a market participant or is a director, officer, employee or agent of, (a) a generator, distributor, transmitter or retailer; (b) a person who sells electricity or ancillary services through the IESO-administered markets or directly to another person who is not a consumer; (c) a market participant; (d) an industry association that represents a person referred to in clause (a), (b) or (c); (e) Repealed: 2014, c. 7, Sched. 23, s. 2 (1). (f) the IESO; or (g) an affiliate of a person listed in clause (a), (b), (c) or (f). 2004, c. 23, Sched. B, s. 3; 2014, c. 7, Sched. 23, s. 2. Same (4) Subsection (3) applies only with respect to persons who first become members of the Market Surveillance Panel on or after the day subsection (3) comes into force. 2004, c. 23, Sched. B, s. 3. Staff and assistance (5) Subject to the by-laws made under section 4.10, the Market Surveillance Panel may use the services of employees of the Board and the IESO, with the consent of their employers, and of persons who have technical or professional expertise that the panel considers necessary. 2004, c. 23, Sched. B, s. 3. Testimony (6) A person who is a member of the Market Surveillance Panel or an employee of the IESO or the Board and who is acting on behalf of the Panel shall not be required in any civil proceeding to give testimony with respect to information obtained in the course of his or her duties. 2004, c. 23, Sched. B, s. 3. Law enforcement information (7) A record that contains information provided to or obtained by the Market Surveillance Panel and that is designated by the Panel as relating to activity in the IESO-administered markets or to the conduct of a market participant shall be deemed, for the purpose of section 14 of the Freedom of Information and Protection of Privacy Act, to be a record the disclosure of which could reasonably be expected to interfere with a law enforcement matter. 2004, c. 23, Sched. B, s. 3. Confidential information relating to market participant (8) A record that contains information provided to or obtained by the Market Surveillance Panel relating to a market participant and that is designated by the Panel as confidential or highly confidential shall be deemed, for the purpose of section 17 of the Freedom of Information and Protection of Privacy Act, to be a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. 2004, c. 23, Sched. B, s. 3. Regulations (9) The Lieutenant Governor in Council may make regulations, (a) prescribing a day on which the Market Surveillance Panel is dissolved and the Board commences to exercise the powers and perform the duties of the Panel under this or any other Act; (b) governing the application, after the dissolution of the Panel, of any provision of this or any other Act that relates to the Market Surveillance Panel or its powers or duties. 2004, c. 23, Sched. B, s. 3. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 3 - 01/01/2005 2014, c. 7, Sched. 23, s. 2 - 01/01/2015 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020 Processes, stakeholder input Electricity industry 4.4 (1) The Board shall establish one or more processes by which electricity consumers, distributors, generators, transmitters, any other persons who have an interest in the electricity industry and any other persons who may be prescribed by the regulations may provide advice and recommendations for consideration by the Board. 2024, c. 10, s. 2. Gas industry (2) The Board shall establish one or more processes by which gas consumers, gas distributors, gas transmitters, storage companies, any other persons who have an interest in the gas industry and any other persons who may be prescribed by the regulations may provide advice and recommendations for consideration by the Board. 2024, c. 10, s. 2. Specified persons (3) If the regulations so provide, (a) a process under subsection (1) shall include such electricity consumers, distributors, generators, transmitters, other persons who have an interest in the electricity industry or prescribed persons as the regulations specify; (b) a process under subsection (2) shall include such gas consumers, gas distributors, gas transmitters, storage companies, other persons who have an interest in the gas industry or prescribed persons as the regulations specify. 2024, c. 10, s. 2. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 9 - 01/08/2003 2004, c. 23, Sched. B, s. 4 - 01/01/2005 2024, c. 10, s. 2 - 16/05/2024 Processes, representation of consumer and other interests 4.4.1 (1) The Board shall establish one or more processes by which the interests of electricity consumers, gas consumers and any other persons who may be prescribed by the regulations may be represented in proceedings before the Board, through advocacy and through any other modes of representation provided for by the Board. 2024, c. 10, s. 2. Specified persons (2) If the regulations so provide, a process under subsection (1) shall include such electricity consumers, gas consumers or prescribed persons as the regulations specify. 2024, c. 10, s. 2. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 8 - 04/03/2016 2024, c. 10, s. 2 - 16/05/2024 Fiscal year 4.5 The fiscal year of the Board begins on April 1. 2003, c. 3, s. 10. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 10 - 01/08/2003 Memorandum of understanding 4.6 (1) Every three years beginning with the Board’s fiscal year in which subsection 7 (1) of Schedule 2 to the Fixing the Hydro Mess Act, 2019 came into force, the chair of the board of directors, on behalf of the Board, and the Minister shall, in accordance with such directives as may be issued by the Management Board of Cabinet, enter into a memorandum of understanding setting out, (a) the respective roles and responsibilities of the Minister, the chair and the board of directors; (b) the accountability relationships between the chair, the board of directors and the Minister; (c) limitations on the Board’s powers to borrow and invest; (d) the responsibility of the chair and the board of directors to provide the Minister with business plans, operational budgets and plans for proposed significant changes in the operations or activities of the Board; (e) details of any obligations that require the board of directors to establish performance standards for the Board; (f) any other matter required by a directive issued by the Management Board of Cabinet; and (g) any other matter the parties consider necessary or appropriate. 2019, c. 6, Sched. 2, s. 6 (1). Same (2) The Board shall comply with the memorandum of understanding in exercising its powers and performing its duties under this Act, but the failure to do so does not affect the validity of any action taken by the Board or give rise to any rights or remedies by any person, other than rights or remedies provided by the memorandum of understanding. 2003, c. 3, s. 11. Publication (3) The board of directors shall publish the memorandum of understanding on the Board’s website on the Internet as soon as practicable after the memorandum is entered into. 2003, c. 3, s. 11; 2019, c. 6, Sched. 2, s. 6 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2019, c. 6, Sched. 2, s. 6 (1, 2) - 01/10/2020 Minister’s request for information 4.7 (1) The board of directors shall promptly give the Minister such information about the Board’s activities, operations and financial affairs as the Minister requests. 2003, c. 3, s. 11; 2019, c. 6, Sched. 2, s. 28 (1). Examination (2) The Minister may designate a person to examine any financial or accounting procedures, activities or practices of the Board and report the results of the examination to the Minister. 2003, c. 3, s. 11. Duty to assist, etc. (3) The members and employees of the Board shall give the person designated by the Minister all the assistance and co-operation necessary to enable him or her to complete the examination. 2003, c. 3, s. 11. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020 Financial statements 4.8 (1) The board of directors shall cause annual financial statements to be prepared for the Board in accordance with generally accepted accounting principles. 2019, c. 6, Sched. 2, s. 7 (1). Same (2) The financial statements must present the financial position, results of operations and changes in the financial position of the Board for its most recent fiscal year. 2003, c. 3, s. 11. Auditors (3) The board of directors shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the financial statements of the Board for each fiscal year. 2003, c. 3, s. 11; 2004, c. 8, s. 46; 2019, c. 6, Sched. 2, s. 7 (2). Auditor General (4) The Auditor General may also audit the financial statements of the Board. 2003, c. 3, s. 11; 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2004, c. 8, s. 46 - 01/11/2005; 2004, c. 17, s. 32 - 30/11/2004 2019, c. 6, Sched. 2, s. 7 (1, 2) - 01/10/2020 Annual report 4.9 (1) The Board shall prepare an annual report, provide it to the Minister no later than 120 days after the end of the Board’s fiscal year and make it available to the public. 2017, c. 34, Sched. 46, s. 33. Same (2) The Board shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; and (b) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 33. Same (3) In addition to any content specified under clause (2) (a), the annual report shall include, (a) details of steps taken by the board of directors to simplify or streamline practices and procedures in relation to the Board’s regulatory functions; and (b) any other content the Minister requires. 2019, c. 6, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2017, c. 34, Sched. 46, s. 33 - 01/01/2018 2019, c. 6, Sched. 2, s. 8 - 01/10/2020 Tabling of annual report 4.9.1 The Minister shall table the Board’s annual report in the Assembly no later than 30 days after determining that the annual report meets the requirements of section 4.9 and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when and how to make that determination. 2017, c. 34, Sched. 46, s. 33. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 33 - 01/01/2018 By-laws 4.10 (1) The board of directors may make by-laws regulating the business and affairs of the Board. 2019, c. 6, Sched. 2, s. 9. Governance and structure by-laws (2) Without limiting the generality of subsection (1), the board of directors shall ensure that the by-laws deal with matters of corporate governance and structure, including, (a) the powers, duties and functions of the members of the Board and of the officers employed by the Board, including specifying the accountability relationship of the chief commissioner to the chief executive officer and other accountability relationships; (b) the remuneration and benefits for the positions of commissioner and chief commissioner appointed by the board of directors; (c) the circumstances in which a member of the Board ceases to hold office;

(d) procedures for the appointment and reappointment of the chief executive officer, the chief commissioner and other commissioners; (e) the delegation of the board of directors’ powers and duties under subsection 4.1 (19) and of the Board’s powers and duties under section 6; (f) the emergency circumstances in which the quorum of the board of directors is one member; (g) the appointment of an auditor; (h) the establishment, composition and functions of the adjudication committee and other committees of the board of directors; (i) the establishment, composition and functions of panels of commissioners; (j) the composition and functions of the Market Surveillance Panel and the appointment, removal and remuneration of members of the Market Surveillance Panel; and (k) any other matter prescribed by the regulations. 2019, c. 6, Sched. 2, s. 9. (3) Repealed: 2021, c. 34, Sched. 18, s. 2 (1). Notice to Minister (4) The board of directors shall deliver to the Minister a copy of every by-law passed by it. 2019, c. 6, Sched. 2, s. 9. (5)-(7) Repealed: 2021, c. 34, Sched. 18, s. 2 (1). Minister’s review of certain by-laws (8) Within 60 days after delivery of a by-law made under clause (2) (b) or (d), the Minister may approve, reject or return it to the board of directors for further consideration. 2019, c. 6, Sched. 2, s. 9; 2021, c. 34, Sched. 18, s. 2 (2). Effect of approval (9) A by-law made under clause (2) (b) or (d) that is approved by the Minister becomes effective on the date of the approval or on such later date as the by-law may provide. 2019, c. 6, Sched. 2, s. 9; 2021, c. 34, Sched. 18, s. 2 (2). Effect of rejection (10) A by-law made under clause (2) (b) or (d) that is rejected by the Minister does not become effective. 2019, c. 6, Sched. 2, s. 9; 2021, c. 34, Sched. 18, s. 2 (2). Effect of return for further consideration (11) A by-law made under clause (2) (b) or (d) that is returned to the board of directors for further consideration does not become effective until the board of directors returns it to the Minister and the Minister approves it. 2019, c. 6, Sched. 2, s. 9; 2021, c. 34, Sched. 18, s. 2 (2). Expiry of review period (12) If, within the 60-day period referred to in subsection (8), the Minister does not take a step under this section, the by-law becomes effective on the 75th day after it is delivered to the Minister or on such later date as the by-law may provide. 2019, c. 6, Sched. 2, s. 9; 2021, c. 34, Sched. 18, s. 2 (3). Publication (13) The board of directors shall publish every by-law made under subsection (2) on the Board’s website as soon as practicable after the by-law becomes effective. 2019, c. 6, Sched. 2, s. 9. Legislation Act, 2006, Part III (14) Part III (Regulations) of the Legislation Act, 2006 does not apply to by-laws made under subsection (2). 2019, c. 6, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2004, c. 23, Sched. B, s. 5 - 01/01/2005 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2019, c. 6, Sched. 2, s. 9 - 01/10/2020 2021, c. 34, Sched. 18, s. 2 (1-3) - 02/12/2021 Restrictions on Board powers 4.11 The Board shall not, without the approval of the Lieutenant Governor in Council, (a) create a subsidiary; (b) purchase or sell real property; (c) borrow money, pledge, mortgage or hypothecate any of its property, or create or grant a security interest in any of its property; (d) enter into a contract of a class prescribed by the regulations; or (e) exercise other rights, powers or privileges under subsection 4 (2) that are prescribed by the regulations. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003 Purchases and loans by Province 4.12 (1) The Minister of Finance, on behalf of Ontario, may purchase securities of or make loans to the Board in such amounts, at such times and on such terms and conditions as the Lieutenant Governor in Council considers expedient. 2003, c. 3, s. 12. Same (2) The Minister of Finance may pay from the Consolidated Revenue Fund the money necessary for a purchase or loan made under subsection (1). 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003 Authority re income 4.13 (1) Despite Part I of the Financial Administration Act and subject to subsection 26.1 (5), revenue from the exercise of a power conferred or the discharge of a duty imposed on the Board or the board of directors under this or any other Act, and the investments held by the Board, do not form part of the Consolidated Revenue Fund and, subject to this section, shall be applied to carrying out the powers conferred and duties imposed on the Board under this or any other Act. 2003, c. 3, s. 12; 2009, c. 12, Sched. D, s. 5; 2019, c. 6, Sched. 2, s. 28. Same (2) The revenue referred to in subsection (1) includes the following: 1. Fees payable under section 12.1. 2. Assessments payable under section 26. 3. Costs payable to the Board under section 30. 4. Administrative penalties payable under section 112.5. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003 2009, c. 12, Sched. D, s. 5 - 01/03/2010 2019, c. 6, Sched. 2, s. 28 (1, 2) - 01/10/2020 Collection of personal information 4.14 The Board may collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act for the purpose of carrying out its duties and exercising its powers under this or any other Act. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003 Non-application of certain Acts 4.15 The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply with respect to the Board. 2003, c. 3, s. 12; 2017, c. 20, Sched. 8, s. 109. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003 2017, c. 20, Sched. 8, s. 109 - 19/10/2021 Members and employees 4.16 (1) Repealed: 2006, c. 35, Sched. C, s. 98. Not employees (2) The members of the board of directors are not its employees, and shall not hold any other office in the Board or be employed by it in any other capacity. 2019, c. 6, Sched. 2, s. 10 (1). Conflict of interest, indemnification (3) Sections 132 (conflict of interest) and 136 (indemnification) of the Business Corporations Act apply with necessary modifications with respect to the Board as if the Minister were its sole shareholder and, for the purposes of section 136 of that Act, commissioners including the chief commissioner are deemed to be a director or officer of the Board. 2003, c. 3, s. 12; 2019, c. 6, Sched. 2, s. 10 (2). Agreement for services (4) The Board and a ministry of the Crown may enter into agreements for the provision by employees of the Crown of any service required by the Board to carry out its duties and powers, and the Board shall pay the agreed amount for services provided to it. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003 2006, c. 35, Sched. C, s. 98 - 20/08/2007 2019, c. 6, Sched. 2, s. 10 (1, 2) - 01/10/2020 Registrar 5 The chief executive officer shall appoint a registrar of the Board from among the Board’s employees. 2019, c. 6, Sched. 2, s. 11. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 13 - 01/08/2003 2019, c. 6, Sched. 2, s. 11 - 01/10/2020 Delegation of Board’s powers and duties 6 (1) Subject to the by-laws made under section 4.10 and to the approval of the chief executive officer, the chief commissioner may in writing delegate any power or duty of the Board that may be exercised or shall be performed under subsection 4.3 (8) to an employee of the Board who is not a member of the Board. 2019, c. 6, Sched. 2, s. 12 (1). Exceptions (2) Subsection (1) does not apply to the following powers and duties: 1. Hearing and determining an appeal under section 7 or a review under section 8. 2. The power to make an order against a person under section 112.3, 112.4 or 112.5, if the person gives notice requiring the Board to hold a hearing under section 112.2. 3. A power or duty prescribed by the regulations. 2019, c. 6, Sched. 2, s. 12 (1). Conditions and restrictions (3) A delegation under this section is subject to such conditions and restrictions as the chief commissioner may specify in writing. 2003, c. 3, s. 13; 2019, c. 6, Sched. 2, s. 12 (2). No hearing (4) An employee of the Board may exercise powers and duties that are delegated under this section without holding a hearing. 2003, c. 3, s. 13. Statutory Powers Procedure Act (5) If an employee of the Board holds a hearing pursuant to this section, the Statutory Powers Procedure Act applies to the same extent as if a panel of commissioners were holding the hearing. 2003, c. 3, s. 13; 2019, c. 6, Sched. 2, s. 12 (3). Review by employee (6) An employee of the Board who makes an order pursuant to this section may, within a reasonable time after the order is made and if he or she considers it advisable, review all or part of the order, and may confirm, vary or cancel the order. 2003, c. 3, s. 13. Transfer to Board (7) At any time before an employee of the Board makes an order in respect of a matter pursuant to this section, the chief commissioner may direct that the matter be transferred to the Board for determination. 2003, c. 3, s. 13; 2019, c. 6, Sched. 2, s. 12 (4). Effect of employees’ orders, etc. (8) Anything done by an employee of the Board pursuant to this section shall be deemed, for the purpose of this or any other Act, to have been done by the Board. 2003, c. 3, s. 13. Application of s. 33 (9) Despite subsection (8), section 33 and subsection 38 (4) do not apply to an order made by an employee of the Board pursuant to this section. 2003, c. 3, s. 13; 2009, c. 33, Sched. 2, s. 51 (1). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 13 - 01/08/2003 2009, c. 33, Sched. 2, s. 51 (1) - 15/12/2009 2019, c. 6, Sched. 2, s. 12 (1-4) - 01/10/2020 Appeal from delegated function 7 (1) A person directly affected by an order made by an employee of the Board pursuant to section 6 may, within 15 days after receiving notice of the order, appeal the order to the Board. 2003, c. 3, s. 13. Exception (2) Subsection (1) does not apply to, (a) a person who did not make submissions to the employee after being given notice of the opportunity to do so; or (b) a person who did not give notice requiring the Board to hold a hearing under section 112.2, in the case of an order made by the employee under section 112.3, 112.4 or 112.5. 2003, c. 3, s. 13. Parties (3) The parties to the appeal are: 1. The appellant. 2. The applicant, if the order is made in a proceeding commenced by an application. 3. The employee who made the order. 4. Any other person added as a party by the Board. 2003, c. 3, s. 13. Powers of Board (4) The Board may confirm, vary or cancel the order. 2003, c. 3, s. 13. Stay (5) An appeal under this section does not stay the order of the employee, unless the Board orders otherwise. 2003, c. 3, s. 13. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 13 - 01/08/2003 Review of delegated function 8 (1) The chief commissioner may, on his or her own motion, within 15 days after the making of an order by an employee of the Board pursuant to section 6, direct the Board to review the order. 2003, c. 3, s. 13; 2019, c. 6, Sched. 2, s. 13. Parties (2) The parties to the review are: 1. Every person directly affected by the order, including, if the order is made in a proceeding commenced by an application, the applicant. 2. The employee who made the order. 3. Any other person added as a party by the Board. 2003, c. 3, s. 13. Exception (3) Despite paragraph 1 of subsection (2), a person is not a party to the review if the person did not make submissions to the employee after being given notice of the opportunity to do so. 2003, c. 3, s. 13. Application of subss. 7 (4) and (5) (4) Subsections 7 (4) and (5) apply, with necessary modifications, to a review under this section. 2003, c. 3, s. 13. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 13 - 01/08/2003 2019, c. 6, Sched. 2, s. 13 - 01/10/2020 Power to administer oaths 9 The registrar of the Board and an inspector appointed under section 106 has, in carrying out his or her duties under this Act, the same powers as a commissioner for taking affidavits in Ontario. 2003, c. 3, s. 14; 2019, c. 6, Sched. 2, s. 29. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 14 - 01/08/2003 2019, c. 6, Sched. 2, s. 29 - 01/10/2020 Not required to testify 10 Members of the Board and employees of the Board are not required to give testimony in any civil proceeding with regard to information obtained in the discharge of their official duties. 1998, c. 15, Sched. B, s. 10. Liability 11 (1) No action or other civil proceeding shall be commenced against any of the following persons for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under any Act or regulation or for any neglect or default in the exercise or performance in good faith of such a power or duty: 1. A member of the Board. 2. An officer, employee or agent of the Board. 3. A member of the Market Surveillance Panel. 4. An officer, employee or agent of the IESO acting on behalf of the Market Surveillance Panel. 2004, c. 23, Sched. B, s. 6. Same (2) A member of the Board is not liable for an act, an omission, an obligation or a liability of the Board or its employees. 2003, c. 3, s. 15. Crown liability (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsections (1) and (2) do not relieve the Crown of any liability to which it would otherwise be subject in respect of a tort committed by any person referred to in subsection (1) or (2). 2003, c. 3, s. 15; 2019, c. 7, Sched. 17, s. 132. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 15 - 01/08/2003 2004, c. 23, Sched. B, s. 6 - 01/01/2005 2019, c. 7, Sched. 17, s. 132 - 01/07/2019 Fees and access to licences 12 (1)-(3) Repealed: 2003, c. 3, s. 16. Inspection (4) The Board shall make all licences available for public inspection during normal business hours. 1998, c. 15, Sched. B, s. 12 (4). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 16 - 01/08/2003 Fees 12.1 (1) The chief executive officer may set and charge fees for copies of Board orders, decisions, reasons, reports, recordings or other documents or things, including documents certified by a commissioner or the registrar of the Board. 2019, c. 6, Sched. 2, s. 14 (1). Application and other fees (2) The board of directors may set and charge licence fees, application fees and other fees relating to an application or appeal to the Board. 2003, c. 3, s. 17; 2019, c. 6, Sched. 2, s. 14 (2). Classes (3) The board of directors may establish different fees for different classes of persons and for different types of proceedings and types of licences. 2003, c. 3, s. 17; 2019, c. 6, Sched. 2, s. 14 (2). Mandatory fees re gas marketers and retailers of electricity (4) The board of directors shall, as of the time or times prescribed by regulation, set and charge fees for the licensing of gas marketers under section 48 and retailers of electricity under section 57. 2010, c. 8, s. 38 (2); 2019, c. 6, Sched. 2, s. 14 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 17 - 01/08/2003 2010, c. 8, s. 38 (2) - 01/01/2011 2019, c. 6, Sched. 2, s. 14 (1, 2) - 01/10/2020 Forms 13 The chief executive officer may, (a) establish forms and require their use in connection with any matter relating to the Board; or (b) approve forms or the content of the forms and require that any application, appeal or information submitted to the Board be in the approved form. 2003, c. 3, s. 18; 2019, c. 6, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 18 - 01/08/2003 2019, c. 6, Sched. 2, s. 15 - 01/10/2020 Policies re certain Board processes 13.1 (1) The chief executive officer may issue policies to commissioners and employees of the Board respecting any of the following matters: 1. Timelines for conducting a hearing. 2. Timelines for making a determination, if it is being made by an employee exercising a power or performing a duty delegated to the employee under section 6. 3. Requirements respecting information or documents to be considered in conducting a hearing or making a determination. 4. Any other matter prescribed by the regulations. 2025, c. 22, Sched. 3, s. 6. Limitation (2) Nothing in subsection (1) authorizes the chief executive officer to issue a policy that conflicts with this Act, the regulations or any other instrument made under this Act, any other Act or regulation, or the rules made by the Board under section 25.1 of the Statutory Powers Procedure Act. 2025, c. 22, Sched. 3, s. 6. Effect of non-compliance (3) The failure of a person to comply with a policy issued under subsection (1) does not affect the validity of any action taken by the person. 2025, c. 22, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2025, c. 22, Sched. 3, s. 6 - 11/12/2025 Assistance 14 The Board may appoint persons having technical or special knowledge to assist the Board. 1998, c. 15, Sched. B, s. 14. Orders and licences 15 (1) All orders made and licences issued by the Board shall be signed by a commissioner or the registrar of the Board. 2003, c. 3, s. 19; 2019, c. 6, Sched. 2, s. 16 (1). Same (2) Despite subsection (1), an order made or licence issued by the Board pursuant to section 6 may be signed by the employee who made the order or issued the licence. 2003, c. 3, s. 19. Judicial notice (3) An order or licence that purports to be signed by a person referred to in subsection (1) or (2) shall be judicially noticed without further proof. 2003, c. 3, s. 19. Legislation Act, 2006, Part III (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to the orders made or licences issued by the Board. 2003, c. 3, s. 19; 2006, c. 21, Sched. F, s. 136 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15 (4) of the Act is repealed. (See: 2019, c. 6, Sched. 2, s. 16 (2)) Section Amendments with date in force (d/m/y) 2003, c. 3, s. 19 - 01/08/2003 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2019, c. 6, Sched. 2, s. 16 (1) - 01/10/2020; 2019, c. 6, Sched. 2, s. 16 (2) - not in force 16 Repealed: 2003, c. 3, s. 19. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 19 - 01/08/2003 17 Repealed: 2003, c. 3, s. 19. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (1) - 06/12/2000 2002, c. 1, Sched. B, s. 2 (1, 2) - 01/07/2002 2003, c. 3, s. 19 - 01/08/2003 Transfer of authority or licence 18 (1) No authority given by the Board under this or any other Act shall be transferred or assigned without leave of the Board. 1998, c. 15, Sched. B, s. 18 (1). Same (2) A licence issued under this Act is not transferable or assignable without leave of the Board. 1998, c. 15, Sched. B, s. 18 (2). Board’s powers, general Power to determine law and fact 19 (1) The Board has in all matters within its jurisdiction authority to hear and determine all questions of law and of fact. 1998, c. 15, Sched. B, s. 19 (1). Order (2) The Board shall make any determination in a proceeding by order. 1998, c. 15, Sched. B, s. 19 (2); 2001, c. 9, Sched. F, s. 2 (1). Reference (3) If a proceeding before the Board is commenced by a reference to the Board by the Minister of Natural Resources, the Board shall proceed in accordance with the reference. 1998, c. 15, Sched. B, s. 19 (3). Additional powers and duties (4) The Board of its own motion may, and if so directed by the Minister under section 28 or 28.8 or otherwise under this or any other Act shall, determine any matter that under this Act or the regulations it may upon an application determine and in so doing the Board has and may exercise the same powers as upon an application. 1998, c. 15, Sched. B, s. 19 (4); 2024, c. 10, s. 3 (1). Same (4.1) Subsection (4) includes the determination of matters at a generic hearing. 2024, c. 10, s. 3 (2). Exception (5) Unless specifically provided otherwise, subsection (4) does not apply to any application under the Electricity Act, 1998 or any other Act. 1998, c. 15, Sched. B, s. 19 (5). Jurisdiction exclusive (6) The Board has exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred on it by this or any other Act. 1998, c. 15, Sched. B, s. 19 (6). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 2 (1) - 08/08/2001 2024, c. 10, s. 3 (1, 2) - 16/05/2024 Powers, procedures applicable to all matters 20 Subject to any provision to the contrary in this or any other Act, the powers and procedures of the Board set out in this Part apply to all matters before the Board under this or any other Act. 1998, c. 15, Sched. B, s. 20. Board’s powers, miscellaneous 21 (1) The Board may at any time on its own motion and without a hearing give directions or require the preparation of evidence incidental to the exercise of the powers conferred upon the Board by this or any other Act. 1998, c. 15, Sched. B, s. 21 (1). Hearing upon notice (2) Subject to any provision to the contrary under this or any other Act, the Board shall not make an order under this or any other Act until it has held a hearing after giving notice in such manner and to such persons as the Board may direct. 1998, c. 15, Sched. B, s. 21 (2); 2021, c. 2, Sched. 2, s. 1. (3) Repealed: 2000, c. 26, Sched. D, s. 2 (2). No hearing (4) Despite section 4.1 of the Statutory Powers Procedure Act, the Board may, in addition to its power under that section, dispose of a proceeding without a hearing if, (a) no person requests a hearing within a reasonable time set by the Board after the Board gives notice of the right to request a hearing; or (b) the Board determines that no person, other than the applicant, appellant or licence holder will be adversely affected in a material way by the outcome of the proceeding and the applicant, appellant or licence holder has consented to disposing of a proceeding without a hearing. (c) Repealed: 2003, c. 3, s. 20 (1). 1998, c. 15, Sched. B, s. 21 (4); 2002, c. 1, Sched. B, s. 3; 2003, c. 3, s. 20 (1). Consolidation of proceedings (5) Despite subsection 9.1 (1) of the Statutory Powers Procedure Act, the Board may combine two or more proceedings or any part of them, or hear two or more proceedings at the same time, without the consent of the parties. 2003, c. 3, s. 20 (2). Non-application (6) Subsection 9.1 (3) of the Statutory Powers Procedure Act does not apply to proceedings before the Board. 1998, c. 15, Sched. B, s. 21 (6). Use of same evidence (6.1) Despite subsection 9.1 (5) of the Statutory Powers Procedure Act, the Board may treat evidence that is admitted in a proceeding as if it were also admitted in another proceeding that is heard at the same time, without the consent of the parties to the second-named proceeding. 2003, c. 3, s. 20 (3). Interim orders (7) The Board may make interim orders pending the final disposition of a matter before it. 1998, c. 15, Sched. B, s. 21 (7). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (2) - 06/12/2000 2002, c. 1, Sched. B, s. 3 - 27/06/2002 2003, c. 3, s. 20 (1-3) - 01/08/2003 2021, c. 2, Sched. 2, s. 1 - 12/04/2021 Liquidators, etc. 21.1 (1) None of the following prevent the exercise by the Board of any jurisdiction conferred by this or any other Act with respect to a regulated utility: 1. The fact that a liquidator, receiver, manager or other official of the regulated utility has been appointed by a court in Ontario. 2. The fact that a writ of sequestration has been issued in Ontario with respect to the regulated utility. 3. The fact that a person is managing or operating the regulated utility under the authority of a court in Ontario. 2017, c. 2, Sched. 10, s. 2 (2). Obligations of liquidators, etc. (2) A regulated utility interim official shall manage and operate the regulated utility in accordance with, (a) this Act; (b) any other Act, to the extent that it confers jurisdiction on the Board; (c) any applicable licence, order or direction issued by the Board under this Act or an Act referred to in clause (b); (d) any applicable rule made under section 44 or code issued under section 70.1; and (e) any applicable assurance of voluntary compliance given to the Board under section 112.7. 2017, c. 2, Sched. 10, s. 2 (2). Must obey Board (3) A regulated utility interim official, and any person acting under a regulated utility interim official, shall obey all orders of the Board within its jurisdiction in respect of the regulated utility, and the Board may enforce its orders against the official or person even though the official or person is appointed by, or acts under the authority of, a court. 2017, c. 2, Sched. 10, s. 2 (2). Definitions (4) In this section, “regulated utility” means, (a) a gas distributor, gas transmitter or storage company whose rates are approved or fixed by the Board under section 36, and (b) a distributor or transmitter whose rates are approved or fixed by the Board under section 78; (“service public réglementé”) “regulated utility interim official” means, (a) a liquidator, receiver, manager or other official of a regulated utility who has been appointed by a court in Ontario, (b) a person acting in respect of a regulated utility under the authority of a writ of sequestration that has been issued in Ontario, or (c) a person who is managing or operating a regulated utility under the authority of a court in Ontario. (“agent intérimaire d’un service public réglementé”) 2017, c. 2, Sched. 10, s. 2 (2). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 10, s. 2 (2) - 22/03/2017 22 Repealed: 2021, c. 4, Sched. 6, s. 73 (1). Section Amendments with date in force (d/m/y) 2019, c. 6, Sched. 2, s. 17 (1, 2) - 01/10/2020 2021, c. 4, Sched. 6, s. 73 (1) - 01/06/2021 Final decision 22.1 (1) The Board shall issue an order that embodies its final decision in a proceeding within 60 days after making the final decision. 2003, c. 3, s. 21. Validity of decision not affected (2) Failure to comply with subsection (1) does not affect the validity of the Board’s decision. 2003, c. 3, s. 21. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 21 - 01/08/2003 Conditions of orders 23 (1) The Board in making an order may impose such conditions as it considers proper, and an order may be general or particular in its application. 1998, c. 15, Sched. B, s. 23. (2) Repealed: 2003, c. 3, s. 22. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 4 - 27/06/2002 2003, c. 3, s. 22 - 01/08/2003 Written reasons to be made available 24 All written reasons of the Board shall be kept by the registrar and be made available to any person upon payment of the required fee. 1998, c. 15, Sched. B, s. 24; 2003, c. 3, s. 23; 2019, c. 6, Sched. 2, s. 29. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 23 - 01/08/2003 2019, c. 6, Sched. 2, s. 29 - 01/10/2020 Obedience to orders of Board a good defence 25 An order of the Board is a good and sufficient defence to any proceeding brought or taken against any person in so far as the act or omission that is the subject of the proceeding is in accordance with the order. 1998, c. 15, Sched. B, s. 25. Assessment 26 (1) Subject to the regulations, the board of directors may assess those persons or classes of persons prescribed by regulation with respect to all expenses incurred and expenditures made by the Board in the exercise of any powers or duties under this or any other Act. 1998, c. 15, Sched. B, s. 26 (1) ; 2003, c. 3, s. 24; 2019, c. 6, Sched. 2, s. 28 (1). Obligation to pay assessment (2) Every person assessed under subsection (1) shall pay the amount assessed. 1998, c. 15, Sched. B, s. 26 (2). Order to pay assessment (3) If a person fails to pay an assessment made under subsection (1), the Board may, without a hearing, order that person to pay the assessment. 1998, c. 15, Sched. B, s. 26 (3). Failure to pay (4) If a licensee fails to pay an assessment in accordance with the order, the Board, without a hearing, may suspend or cancel that person’s licence. 1998, c. 15, Sched. B, s. 26 (4). Payment of full amount (5) The Board may reinstate the licence of a person whose licence was suspended or cancelled under subsection (4) if the person pays all amounts owing under this section. 1998, c. 15, Sched. B, s. 26 (5). Regulations (6) The Lieutenant Governor in Council may make regulations, (a) prescribing persons or classes of persons liable to pay an assessment under subsection (1); (b) prescribing the frequency of the assessments; (c) respecting the manner in which an assessment under this section is carried out; (d) prescribing the amount of the assessment or the method of calculating the amount; (e) prescribing the proportion of the assessment for which each person or class of persons is liable or a method of determining the proportion; (f) prescribing such other matters relating to the carrying out of an assessment as the Lieutenant Governor in Council considers appropriate. 1998, c. 15, Sched. B, s. 26 (6). Scope (7) A regulation under this section may be general or particular in its application. 1998, c. 15, Sched. B, s. 26 (7). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 24 - 01/08/2003 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020 Assessment, Ministry conservation programs, etc. 26.1 (1) Subject to the regulations, the Board shall assess the following persons or classes of persons, as prescribed by regulation, with respect to the expenses incurred and expenditures made by the Ministry of Energy in respect of its energy conservation programs or renewable energy programs provided under this Act, the Ministry of Energy Act, 2011 or any other Act: 1. In respect of consumers in their service areas, gas distributors and licensed distributors. 2. The IESO. 3. Any other person prescribed by regulation. 2009, c. 12, Sched. D, s. 6; 2011, c. 9, Sched. 27, s. 34 (2); 2018, c. 16, s. 7 (2). Assessments, collection by gas distributors and licensed distributors (2) Gas distributors and licensed distributors may collect the amounts assessed under subsection (1) from the consumers or classes of consumers as are prescribed by regulation and in the manner prescribed by regulation. 2009, c. 12, Sched. D, s. 6. Assessments, IESO (3) The IESO may collect the amounts assessed under subsection (1) from market participants or classes of market participants as are prescribed by regulation and in the manner prescribed by regulation. 2009, c. 12, Sched. D, s. 6. Assessment, amount and timing (4) For the purposes of subsection (1), the Board shall assess the amount prescribed by regulation within the time prescribed by regulation in accordance with the methods or rules prescribed by regulation. 2009, c. 12, Sched. D, s. 6. Assessment, obligation to pay (5) Every person assessed under subsection (1) shall pay the amount assessed in accordance with the Board’s assessment by remitting the amount to the Minister of Finance. 2009, c. 12, Sched. D, s. 6. Failure to pay (6) If a person fails to pay an assessment made under subsection (1), the Board may, without a hearing, order the person to pay the assessment. 2009, c. 12, Sched. D, s. 6. Reporting (7) Persons referred to in subsection (1) shall report such information in such manner and at such times to the Board or to the Minister as is prescribed by regulation. 2009, c. 12, Sched. D, s. 6. Regulations (8) The Lieutenant Governor in Council may make regulations, (a) governing assessments under this section, including, (i) prescribing the amount to be assessed or the amounts to be assessed against each person, or class of person liable to pay an assessment or the method of calculating the amount or amounts, and (ii) prescribing the time within which the assessments must occur; (b) prescribing persons or classes of persons liable to pay an assessment under subsection (1); (c) prescribing the frequency of the assessments; (d) respecting the manner by which an assessment under this section is carried out; (e) prescribing the proportion of the assessment for which each person or class of persons is liable or a method of determining the proportion; (f) with respect to subsection (7), prescribing the time at which such reports must be made or submitted, the manner by which such reports must be made or submitted, and governing the information to be provided, including the manner in which such information is presented or provided; (g) prescribing such other matters relating to the carrying out of an assessment as the Lieutenant Governor in Council considers appropriate. 2009, c. 12, Sched. D, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 6 - 01/03/2010 2011, c. 9, Sched. 27, s. 34 (2) - 06/06/2011 2018, c. 16, s. 7 (2) - 01/01/2019 Special purposes 26.2 (1) For the purpose of the Financial Administration Act, all amounts collected under section 26.1 relating to assessments paid shall be deemed to be money paid to Ontario for the special purposes set out in subsection (2). 2009, c. 12, Sched. D, s. 6. Same (2) The following are the special purposes for which amounts collected under section 26.1 relating to assessments are paid to Ontario: 1. To fund conservation or renewable energy programs aimed at decreasing the consumption of two or more of the following fuels: i. natural gas, ii. electricity, iii. propane, iv. oil, v. coal, and vi. wood. 2. To fund conservation or renewable energy programs aimed at causing consumers of fuel to change from one or more of the fuels listed in paragraph 1 to any other fuel or fuels listed in that paragraph. 3. To fund conservation or renewable energy programs aimed at decreasing peak electricity demand, while increasing or decreasing the consumption of another type of fuel. 4. To fund research and development or other engineering or scientific activities aimed at furthering the conservation or the efficient use of fuels. 5. To fund conservation or renewable energy programs aimed at a specific geographical, social, income or other sector of Ontario. 6. To reimburse the Province for expenditures it incurs for any of the above purposes. 2009, c. 12, Sched. D, s. 6. Special Purpose Conservation and Renewable Energy Fund (3) The Minister of Finance shall maintain in the Public Accounts an account to be known as the Ministry of Energy Special Purpose Conservation and Renewable Energy Fund in which shall be recorded all receipts and disbursements of public money under this section. 2009, c. 12, Sched. D, s. 6; 2011, c. 9, Sched. 27, s. 34 (3). Non-interest bearing account (4) The balances from time to time in the account do not bear interest. 2009, c. 12, Sched. D, s. 6. Interpretation (5) For the purposes of this section, the terms used in it that are not defined in this Act but that are defined in section 1 of the Financial Administration Act have the meanings provided in that Act. 2009, c. 12, Sched. D, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 6 - 01/03/2010 2011, c. 9, Sched. 27, s. 34 (3) - 06/06/2011 Policy directives 27 (1) The Minister may issue, and the Board shall implement, policy directives that have been approved by the Lieutenant Governor in Council concerning general policy and the objectives to be pursued by the Board. 1998, c. 15, Sched. B, s. 27 (1). Publication (2) A policy directive issued under this section shall be published in The Ontario Gazette. 1998, c. 15, Sched. B, s. 27 (2). Conservation directives 27.1 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board to take steps specified in the directives to promote energy conservation, energy efficiency, load management or the use of cleaner energy sources, including alternative and renewable energy sources. 2002, c. 23, s. 4 (4). Publication (2) A directive issued under this section shall be published in The Ontario Gazette. 2002, c. 23, s. 4 (4). Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (4) - 09/12/2002 Directives re conservation and demand management targets 27.2 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board to take steps specified in the directive to establish conservation and demand management targets to be met by distributors and other licensees. 2009, c. 12, Sched. D, s. 7. Directives, specified targets (2) To promote conservation and demand management, a directive may require the Board to specify, as a condition of a licence, the conservation targets associated with those specified in the directive, and the targets shall be apportioned by the Board between distributors and other licensees in accordance with the directive. 2009, c. 12, Sched. D, s. 7. Same (3) A directive made under subsection (2) may require the IESO to provide information to the Board or to the Ministry about the conservation targets referred to in subsection (2) or the contracts referred to in subsection (5). 2009, c. 12, Sched. D, s. 7; 2014, c. 7, Sched. 23, s. 3 (1). Directives re distributors (4) Subject to subsection (7), a directive may require the Board to specify, as a condition of a licence, that a distributor may meet, at its discretion, any portion of its conservation target by seeking the approval of the Board for the conservation and demand management programs to be offered in its service area. 2009, c. 12, Sched. D, s. 7. Directives, contracting with the IESO (5) A directive may require the Board to specify, as a condition of a licence, that a distributor meet, at its discretion, any portion of its conservation target by contracting with the IESO to meet the target through province-wide programs offered by the IESO. 2014, c. 7, Sched. 23, s. 3 (2). Public reporting (6) To promote a culture of conservation and demand management, a directive may require the Board to specify, as a condition of a licence, that the licensee make public, by such means and at such time as specified in the directive, the steps that the licensee has taken to meet its targets and the results that have been achieved in meeting those targets. 2009, c. 12, Sched. D, s. 7. Hearings (7) A directive may specify whether the Board is to hold a hearing, the circumstances under which a hearing may or may not be held and, if a hearing is to be held, the type of hearing to be held. 2009, c. 12, Sched. D, s. 7. Publication (8) A directive issued under this section shall be published in The Ontario Gazette. 2009, c. 12, Sched. D, s. 7. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 7 - 09/09/2009 2014, c. 7, Sched. 23, s. 3 (1, 2) - 01/01/2015 Directives re: market rules, conditions 28 (1) In order to address the abuse or possible abuse of market power in the electricity sector, the Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council concerning market rules made under section 32 of the Electricity Act, 1998 and existing or proposed licence conditions. 1998, c. 15, Sched. B, s. 28 (1). Hearing (2) A directive issued under subsection (1) may require the Board to hold a hearing or not to hold a hearing. 1998, c. 15, Sched. B, s. 28 (2). Licence condition directives 28.1 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board, in the manner specified in the directives, to amend conditions in licences issued by the Board that relate to the directive issued to the Board pursuant to an order of the Lieutenant Governor in Council that was dated March 24, 1999 and is available on request from the Minister. 2002, c. 23, s. 4 (5). No hearing (2) The Board shall amend the conditions as required by a directive without holding a hearing. 2002, c. 23, s. 4 (5). Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (5) - 09/12/2002 Directives re: commodity risk 28.2 The Minister may issue, and the Board shall implement, directives approved by the Lieutenant Governor in Council directing the Board to take such steps or develop such processes as may be required by the directive to address risks or liabilities associated with customer billing and payment cycles in respect of the cost of electricity at the retail and at the wholesale levels and risks or liabilities associated with non-payment or default by a consumer or retailer. 2004, c. 23, Sched. B, s. 7. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 7 - 20/12/2004 Directives re smart metering initiative 28.3 (1) The Minister may issue, and the Board shall implement, directives approved by the Lieutenant Governor in Council relating to the government’s smart metering initiative. 2006, c. 3, Sched. C, s. 2. Directives re licence conditions (2) The directives may require the Board, in the manner specified in the directives, to amend conditions in licences issued by the Board that relate to the Smart Metering Entity, distributors, retailers and transmitters or licences issued pursuant to section 57, including the following: 1. Conditions granting the exclusive right to the Smart Metering Entity to carry out any or all of its objects set out in section 53.8 of the Electricity Act, 1998. 2. Conditions granting the exclusive right to store information and data derived from smart meters to the Smart Metering Entity, including conditions in respect of the manner in which the information and data is stored. 3. Conditions providing for performance standards to be achieved by the Smart Metering Entity. 4. Conditions identifying arrangements and agreements, including procurement, service or operating arrangements or agreements, to be entered into by the Smart Metering Entity, distributors, transmitters, retailers or other persons and providing that the arrangements or agreements must contain specific conditions, restrictions, criteria or requirements relating to the arrangements or agreements. 5. Conditions providing for circumstances in which the Smart Metering Entity shall provide a person with access to information and data relating to consumers’ consumption or use of electricity collected pursuant to paragraph 2 of section 53.8 of the Electricity Act, 1998, including conditions relating to the protection of privacy. 6. Conditions providing the Smart Metering Entity with the authority to conduct its metering activities in relation to the distribution of gas. 7. Conditions providing the Minister with exclusive authority to approve the base design, requirements, specifications and performance standards for smart meters, metering equipment, systems and technology and associated equipment, systems and technologies or classes of smart meters, equipment, systems and technology to be installed for prescribed classes of property and prescribed classes of consumers. 8. After a date prescribed by regulation made under the Electricity Act, 1998, conditions providing the Board with exclusive authority to approve the base design, requirements, specifications and performance standards for smart meters, metering equipment, systems and technology and associated equipment, systems and technologies or classes of smart meters, equipment, systems and technology to be installed for prescribed classes of property and prescribed classes of consumers. 2006, c. 3, Sched. C, s. 2. Directives re amending conditions in licences (3) A directive may require the Board, in the manner specified in the directive, to amend conditions in licences granted to the Smart Metering Entity, distributors, transmitters, retailers or others granting the Smart Metering Entity exclusive jurisdiction in Ontario with respect to some or all of the activities it is authorized to undertake under Part IV.2 of the Electricity Act, 1998. 2006, c. 3, Sched. C, s. 2. Publication (4) A directive issued under this section shall be published in The Ontario Gazette. 2006, c. 3, Sched. C, s. 2. No hearing (5) The Board shall amend the conditions as required by a directive without holding a hearing. 2006, c. 3, Sched. C, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 3, Sched. C, s. 2 - 03/05/2006 Directives re regulatory and accounting treatment of costs 28.4 The Minister may issue, and the Board shall implement, directives approved by the Lieutenant Governor in Council in respect of the regulatory and accounting treatment of costs in orders made under section 78 and associated with meters owned before January 1, 2006 to ensure that distributors, transmitters, retailers or other persons are not financially disadvantaged by the implementation of the smart metering initiative. 2006, c. 3, Sched. C, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 3, Sched. C, s. 2 - 03/05/2006 Directives, smart grid 28.5 (1) The Minister may issue, and the Board shall implement directives, approved by the Lieutenant Governor in Council, requiring the Board to take such steps as are specified in the directive relating to the establishment, implementation or promotion of a smart grid for Ontario. 2009, c. 12, Sched. D, s. 8. Hearings (2) A directive may specify whether the Board is to hold a hearing and the circumstances under which a hearing may or may not be held. 2009, c. 12, Sched. D, s. 8. Publication (3) A directive issued under this section shall be published in The Ontario Gazette. 2009, c. 12, Sched. D, s. 8. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 8 - 09/09/2009 Directives, connections 28.6 (1) The Minister may issue, and the Board shall implement directives, approved by the Lieutenant Governor in Council, requiring the Board to take such steps as are specified in the directive relating to the connection of renewable energy generation facilities to a transmitter’s transmission system or a distributor’s distribution system. 2009, c. 12, Sched. D, s. 8. Directives, transmission and distribution systems (2) A directive issued under subsection (1) may require the Board to amend the licence conditions of distributors, transmitters and other licensees to take the actions specified in the directive in relation to their transmission systems, distribution systems or other associated systems, including enhancing, re-enforcing or expanding their transmission systems, distribution systems or other associated systems. 2009, c. 12, Sched. D, s. 8; 2016, c. 10, Sched. 2, s. 13. Hearings (3) A directive may specify whether the Board is to hold a hearing and the circumstances under which a hearing may or may not be held. 2009, c. 12, Sched. D, s. 8. (4) Repealed: 2020, c. 36, Sched. 34, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 8 - 09/09/2009 2016, c. 10, Sched. 2, s. 13 - 01/07/2016 2020, c. 36, Sched. 34, s. 5 - 08/12/2020 Directives, transmission systems 28.6.1 (1) The Minister may issue, and the Board shall implement directives, approved by the Lieutenant Governor in Council, requiring the Board to take such steps as are specified in the directive relating to the construction, expansion or re-enforcement of transmission systems. 2016, c. 10, Sched. 2, s. 14. Same (2) Subsections 28.6 (2) and (3) apply with necessary modifications in respect of directives issued under subsection (1). 2016, c. 10, Sched. 2, s. 14. Section Amendments with date in force (d/m/y) 2016, c. 10, Sched. 2, s.

14 - 01/07/2016 Directives, gas marketers and electricity retailers 28.7 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council in relation to the marketing of gas and the retailing of electricity in Ontario. 2010, c. 8, s. 38 (3). Same (2) A directive issued under subsection (1) may require the Board to take steps specified in the directive to promote fairness, efficiency and transparency in the retail market for gas and for electricity in Ontario or in respect of any activity associated with the marketing of gas or the retailing of electricity within Ontario. 2010, c. 8, s. 38 (3). Same (3) A directive may require the Board to amend licences referred to in section 48 in respect of gas marketers or under section 57 in respect of retailers of electricity and may require the Board to amend all licences so issued or to amend specific licences of specified licensees. 2010, c. 8, s. 38 (3). Licence conditions (4) The directives may require the Board, in the manner specified in the directives, to amend conditions in licences issued by the Board that relate to gas marketers or retailers of electricity, including the following: 1. Conditions regarding the operations and management and business practices of a gas marketer or retailer of electricity, including but not limited to the conduct of employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity. 2. Activities, conduct or practices that must, may or may not be undertaken by a gas marketer or retailer of electricity, its employees, agents or third parties acting on behalf of the gas marketer or the retailer of electricity. 3. Conditions requiring or imposing standards that are required to be met by a gas marketer or retailer of electricity or its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including standards related to, i. education, training, certification and communications, ii. business practices, iii. performance standards, iv. background verifications and assessments as required under paragraph 6, v. record keeping, vi. contracting, including standards related to contracting with certain specified classes of vulnerable consumers, and vii. such other matters as may be specified in the directive. 4. Conditions requiring a gas marketer or retailer of electricity or its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity to provide such information orally or in writing to a consumer or a member of a class of consumers specified in the directive, the Board or the Ministry or to such other person or entity as may be specified in the directive, in the circumstances specified in the directive and within such time or times as may be specified in the directive. 5. Conditions requiring a gas marketer or retailer of electricity to meet criteria or requirements related to identification as specified in the directive, including criteria or requirements related to the identification credentials or badges or other forms of identification provided to its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity as may be specified in the directive. 6. Conditions requiring a gas marketer or retailer of electricity to meet specific criteria and requirements related to background verification and assessment of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including the requirement to establish a process or processes to conduct the verifications and assessments, and the criteria and requirements may include the time or times at which the verifications and assessments must be performed. 7. Conditions requiring a gas marketer or retailer of electricity to take the following steps or do the following things in respect of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity: i. To establish a process or to follow or adhere to a process or processes as are prescribed by regulation or are approved by an order of the Board, for the following activities in respect of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity: A. licensing, including renewal, suspension and cancellation of licences, B. bonding and insurance, C. examination for credentials, certificates, accreditations or designations, D. the creation of codes of conduct, best practices and policies, E. requirements in relation to independence from or permissible investment in or association with the gas marketer or retailer of electricity or another licensee, and F. such other matters as may be specified in the directive. ii. To conduct, at such times as may be specified in the directive, the activities referred to in this section in relation to each of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity. iii. To ensure that its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity adhere to the process or processes referred to in this section and, in particular, obtain any specified credentials, accreditations or designations referred to in this section by such time or times as may be specified in the directive. 8. Conditions identifying provisions which must be included in any arrangements or agreements, including arrangements or agreements relating to the marketing of gas or the retailing of electricity with specified classes of consumers, entered into by the gas marketer or retailer of electricity or third parties acting on behalf of the gas marketer or retailer of electricity and such conditions may specify or provide that the arrangements or agreements must contain specific conditions, restrictions, criteria or requirements relating to the arrangements or agreements. 2010, c. 8, s. 38 (3). Verification (5) For the purposes of the verification of a contract required under Part II of the Energy Consumer Protection Act, 2010, a directive, (a) may require the Board to prepare specified information, including preparing the information in languages specified in the directive, and to do so within the time specified in the directive; and (b) may require that the Board require that gas marketers or retailers of electricity or specified classes of them, (i) use the information in the manner specified in the directive, and (ii) take such steps as may be specified in the directive to ensure that persons engaged by them in activities related to verification use the information in the manner specified in the directive. 2010, c. 8, s. 38 (3). Audit and investigation (6) A directive issued under this section may require the Board to, (a) exercise its authority under Part V.1 to audit the records and information of the gas marketer or retailer of electricity specified in the directive, in such manner as is specified in the directive; (b) exercise its authority under Part VII to inspect the activities or conduct of the gas marketers or retailers of electricity or the classes of gas marketers or retailers of electricity, as are specified in the directive, in relation to compliance with this Act or its regulations; (c) exercise its authority under Part VII to undertake random inspections of the activities or conduct, as are specified in the directive, of the gas marketers or retailers of electricity specified in the directive, in relation to compliance with this Act or its regulations; (d) exercise its authority under Part VII.0.1 to investigate the activities or conduct or the classes of activities or conduct, as are specified in the directive, of gas marketers or retailers of electricity generally or of the classes of gas marketers or retailers of electricity as are specified in the directive, in relation to compliance with this Act or its regulations; (e) exercise its authority under Part VII.0.1 to investigate the number or percentage, as is specified in the directive, of complaints received by the Board against gas marketers or retailers of electricity and reasonably considered by the Board to have merit, in relation to compliance with this Act or its regulations. 2010, c. 8, s. 38 (3). Publication (7) A directive issued under this section shall be published in The Ontario Gazette. 2010, c. 8, s. 38 (3). No hearing (8) The Board shall amend the conditions as required by a directive without holding a hearing. 2010, c. 8, s. 38 (3). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (3) - 01/01/2011 Directives, requirement to hold generic hearing (natural gas, electricity) 28.8 (1) In this section, “ongoing proceeding” means, in respect of a proceeding before the Board, a proceeding in which the Board has not yet made a final order. 2024, c. 10, s. 4. Same (2) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council requiring the Board to hold a generic hearing to determine any matter respecting natural gas or electricity over which it has jurisdiction that the directives specify. 2024, c. 10, s. 4. Same (3) A directive issued under subsection (2) may specify, (a) timelines for conducting the hearing; (b) the manner in which the hearing may or must be conducted; (c) matters, information or documents, including documents written or issued by the Government or by a minister or ministry of the Crown, that the Board must consider in conducting the hearing and making its determination; and (d) any other matter respecting the hearing or its conduct that the Minister considers appropriate. 2024, c. 10, s. 4. Exception (4) Subsection (2) does not apply with respect to a matter if, at the time the directive would be issued, fewer than two years have elapsed since the matter was determined by a final order of the Board, regardless of whether the order was appealed. 2024, c. 10, s. 4. Application to ongoing proceedings (5) Subsection (2) may apply with respect to a matter that is the subject of an ongoing proceeding before the Board. 2024, c. 10, s. 4. Same, effect (6) If a directive is issued respecting a matter that is the subject of an ongoing proceeding before the Board, (a) the Board shall not make any order in the ongoing proceeding with respect to the matter, and shall sever the matter from the ongoing proceeding to the extent possible; and (b) except as provided under clause (a), the ongoing proceeding shall continue to the extent possible. 2024, c. 10, s. 4. Procedural fairness does not apply (7) Neither the issuance or approval of a directive under this section nor any action taken by the Board to implement or comply with it is subject to any duty of procedural fairness, including any requirement to provide notice, reasons or an opportunity to make submissions. 2024, c. 10, s. 4. Same (8) Subsection (7) applies despite the Statutory Powers Procedure Act and any other law. 2024, c. 10, s. 4. Conflict (9) In the event of a conflict between a directive under this section and the Statutory Powers Procedure Act, the rules made by the Board under section 25.1 of that Act or an order of the Board or other instrument or document made or issued under this Act, the directive prevails to the extent of the conflict. 2024, c. 10, s. 4. Publication (10) A directive issued under this section shall be published in The Ontario Gazette. 2024, c. 10, s. 4. Not a regulation (11) For greater certainty, Part III (Regulations) of the Legislation Act, 2006 does not apply to directives issued under this section. 2024, c. 10, s. 4. Section Amendments with date in force (d/m/y) 2024, c. 10, s. 4 - 16/05/2024 Refrain from exercising power 29 (1) On an application or in a proceeding, the Board shall make a determination to refrain, in whole or part, from exercising any power or performing any duty under this Act if it finds as a question of fact that a licensee, person, product, class of products, service or class of services is or will be subject to competition sufficient to protect the public interest. 1998, c. 15, Sched. B, s. 29 (1). Scope (2) Subsection (1) applies to the exercise of any power or the performance of any duty of the Board in relation to, (a) any matter before the Board; (b) any licensee; (c) any person who is subject to this Act; (d) any person selling, transmitting, distributing or storing gas; or (e) any product or class of products supplied or service or class of services rendered within the province by a licensee or a person who is subject to this Act. 1998, c. 15, Sched. B, s. 29 (2). Where determination made (3) For greater certainty, where the Board makes a determination to refrain in whole or in part from the exercise of any power or the performance of any duty under this Act, and does so refrain, nothing in this Act limits the application of the Competition Act (Canada) to those matters with respect to which the Board refrains. 1998, c. 15, Sched. B, s. 29 (3). Notice (4) Where the Board makes a determination under this section, it shall promptly give notice of that fact to the Minister. 1998, c. 15, Sched. B, s. 29 (4). Costs 30 (1) The Board may order a person to pay all or part of a person’s costs of participating in a proceeding before the Board, a notice and comment process under section 45 or 70.2 or any other consultation process initiated by the Board. 2004, c. 23, Sched. B, s. 8. Same (2) The Board may make an interim or final order that provides, (a) by whom and to whom any costs are to be paid; (b) the amount of any costs to be paid or by whom any costs are to be assessed and allowed; and (c) when any costs are to be paid. 2003, c. 3, s. 25 (1). Rules (3) The rules governing practice and procedure that are made under section 25.1 of the Statutory Powers Procedure Act may prescribe a scale under which costs shall be assessed. 2003, c. 3, s. 25 (1). Inclusion of Board costs (4) The costs may include the costs of the Board, regard being had to the time and expenses of the Board. 1998, c. 15, Sched. B, s. 30 (4). Considerations not limited (5) In awarding costs, the Board is not limited to the considerations that govern awards of costs in any court. 1998, c. 15, Sched. B, s. 30 (5). Application (6) This section applies despite section 17.1 of the Statutory Powers Procedure Act. 2003, c. 3, s. 25 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 25 (1, 2) - 01/08/2003 2004, c. 23, Sched. B, s. 8 - 01/01/2005 31 (1) Repealed: 2002, c. 1, Sched. B, s. 5. (2) Repealed: 2003, c. 3, s. 26. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 5 - 27/06/2002 2003, c. 3, s. 26 - 01/08/2003 Stated case 32 (1) The Board may, at the request of the Lieutenant Governor in Council or of its own motion or upon the motion of any party to proceedings before the Board and upon such security being given as it directs, state a case in writing for the opinion of the Divisional Court upon any question that is a question of law within the jurisdiction of the Board. 1998, c. 15, Sched. B, s. 32 (1); 2003, c. 3, s. 27. Same (2) The Divisional Court shall hear and determine the stated case and remit it to the Board with its opinion. 1998, c. 15, Sched. B, s. 32 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 27 - 01/08/2003 Appeal to Divisional Court 33 (1) An appeal lies to the Divisional Court from, (a) an order of the Board; (b) the making of a rule under section 44; or (c) the issuance of a code under section 70.1. 2003, c. 3, s. 28 (1). Nature of appeal, timing (2) An appeal may be made only upon a question of law or jurisdiction and must be commenced not later than 30 days after the making of the order or rule or the issuance of the code. 1998, c. 15, Sched. B, s. 33 (2); 2003, c. 3, s. 28 (2). Board may be heard (3) The Board is entitled to be heard by counsel upon the argument of an appeal. 1998, c. 15, Sched. B, s. 33 (3). Board to act on court’s opinion (4) The Divisional Court shall certify its opinion to the Board and the Board shall make an order in accordance with the opinion, but the order shall not be retroactive in its effect. 1998, c. 15, Sched. B, s. 33 (4). Board not liable for costs (5) The Board, or any member of the Board, is not liable for costs in connection with any appeal under this section. 1998, c. 15, Sched. B, s. 33 (5). Order to take effect despite appeal (6) Subject to subsection (7), every order made by the Board takes effect at the time prescribed in the order, and its operation is not stayed by an appeal, unless the Board orders otherwise. 2006, c. 33, Sched. X, s. 1. Court may stay the order (7) The Divisional Court may, on an appeal of an order made by the Board, (a) stay the operation of the order; or (b) set aside a stay of the operation of the order that was ordered by the Board under subsection (6). 2006, c. 33, Sched. X, s. 1. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 28 (1, 2) - 01/08/2003 2006, c. 33, Sched. X, s. 1 - 22/02/2007 No petition to Lieutenant Governor in Council Definition 34 (1) In this section, “old section 34” means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent. 2009, c. 33, Sched. 2, s. 51 (2). Not subject to petition (2) Every order, rule or code of the Board that is the subject of a petition filed under the old section 34 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council. 2009, c. 33, Sched. 2, s. 51 (2). Same (3) Every order, rule or code of the Board that may be the subject of a petition under the old section 34 is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in Council. 2009, c. 33, Sched. 2, s. 51 (2). No effect on validity (4) Nothing in this section affects the validity of an order, rule or code of the Board that, but for subsection 51 (2) of Schedule 2 to the Good Government Act, 2009, was or could have been the subject of a petition filed under the old section 34. 2009, c. 33, Sched. 2, s. 51 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 29 (1, 2) - 01/08/2003 2009, c. 33, Sched. 2, s. 51 (2) - 15/12/2009 Question referred to Board 35 The Minister may require the Board to examine, report and advise on any question respecting energy. 1998, c. 15, Sched. B, s. 35. PART III GAS REGULATION Order of Board required 36 (1) No gas transmitter, gas distributor or storage company shall sell gas or charge for the transmission, distribution or storage of gas except in accordance with an order of the Board, which is not bound by the terms of any contract. 1998, c. 15, Sched. B, s. 36 (1). Order of Board re Smart Metering Entity (1.1) Neither the Smart Metering Entity nor any other person licensed to do so shall conduct activities relating to the metering of gas except in accordance with an order of the Board, which is not bound by the terms of any contract. 2006, c. 3, Sched. C, s. 3. Order re: rates (2) The Board may make orders approving or fixing just and reasonable rates for the sale of gas by gas transmitters, gas distributors and storage companies, and for the transmission, distribution and storage of gas. 1998, c. 15, Sched. B, s. 36 (2). Power of Board (3) In approving or fixing just and reasonable rates, the Board may adopt any method or technique that it considers appropriate. 1998, c. 15, Sched. B, s. 36 (3). Limitation (3.1) In approving or fixing just and reasonable rates for the sale, transmission or distribution of gas, the Board shall not include any of the following amounts: 1. Any penalties or fines a gas transmitter or gas distributor is required to pay under an Act, except as otherwise provided by the regulations. 2. Any other amounts or classes of amounts a gas transmitter or gas distributor is required to pay that are prescribed by the regulations made by the Minister under subsection 127 (8). 2023, c. 9, Sched. 24, s. 1. Contents of order (4) An order under this section may include conditions, classifications or practices applicable to the sale, transmission, distribution or storage of gas, including rules respecting the calculation of rates. 1998, c. 15, Sched. B, s. 36 (4). Deferral or variance accounts (4.1) If a gas distributor has a deferral or variance account that relates to the commodity of gas, the Board shall, from time to time, or as prescribed by the regulations, make an order under this section that determines whether and how amounts recorded in the account shall be reflected in rates. 2017, c. 2, Sched. 10, s. 2 (3). Same (4.2) If a gas distributor has a deferral or variance account that does not relate to the commodity of gas, the Board shall, from time to time, or as prescribed by the regulations, make an order under this section that determines whether and how amounts recorded in the account shall be reflected in rates. 2017, c. 2, Sched. 10, s. 2 (3). Same (4.3) An order that determines whether and how amounts recorded in a deferral or variance account shall be reflected in rates shall be made in accordance with the regulations. 2003, c. 3, s. 30. Same (4.4) If an order that determines whether and how amounts recorded in a deferral or variance account shall be reflected in rates is made after the time required by subsection (4.1) or (4.2) and the delay is due in whole or in part to the conduct of a gas distributor, the Board may reduce the amount that is reflected in rates. 2003, c. 3, s. 30. Same (4.5) If an amount recorded in a deferral or variance account of a gas distributor is reflected in rates, the Board shall consider the appropriate number of billing periods over which the amount shall be divided in order to mitigate the impact on consumers. 2003, c. 3, s. 30. Fixing other rates (5) Upon an application for an order approving or fixing rates, the Board may, if it is not satisfied that the rates applied for are just and reasonable, fix such other rates as it finds to be just and reasonable. 1998, c. 15, Sched. B, s. 36 (5). Burden of proof (6) Subject to subsection (7), in an application with respect to rates for the sale, transmission, distribution or storage of gas, the burden of proof is on the applicant. 1998, c. 15, Sched. B, s. 36 (6). Order, motion of Board or at request of Minister (7) If the Board of its own motion, or upon the request of the Minister, commences a proceeding to determine whether any of the rates for the sale, transmission, distribution or storage of gas by any gas transmitter, gas distributor or storage company are just and reasonable, the Board shall make an order under subsection (2) and the burden of establishing that the rates are just and reasonable is on the gas transmitter, gas distributor or storage company, as the case may be. 1998, c. 15, Sched. B, s. 36 (7). Exception (8) This section does not apply to a municipality or municipal public utility commission transmitting or distributing gas under the Public Utilities Act on the day before this section comes into force. 1998, c. 15, Sched. B, s. 36 (8). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 30 - 01/08/2003 2006, c. 3, Sched. C, s. 3 - 03/05/2006 2017, c. 2, Sched. 10, s. 2 (3) - 22/03/2017 2020, c. 12, s. 85 (1) - 08/07/2020 2023, c. 9, Sched. 24, s. 1 - 08/06/2023 Revenue horizon (natural gas) 36.0.1 (1) In this section, “consumer” means a person who uses natural gas in Ontario for the person’s own consumption; (“consommateur”) “natural gas distribution system” means a system for distributing natural gas in Ontario by hydrocarbon line, as defined in Part VI, and includes any structures, equipment or other things used for that purpose; (“réseau de distribution de gaz naturel”) “revenue horizon” means the number of years of presumed revenue that is used for the purposes of section 36 in determining, (a) the economic feasibility of, (i) a new consumer connection to the natural gas distribution system, or (ii) an increase in the capacity of the natural gas distribution system, and (b) the amount, if any, of a contribution in aid of construction required from a consumer in relation to a connection or increase described in clause (a). (“horizon de revenu”) 2024, c. 10, s. 5 (1). Mandated revenue horizon (2) The revenue horizon for the purposes of section 36 shall be the number of years specified by the regulations, except as otherwise provided by this section. 2024, c. 10, s. 5 (1). Board may be required to make determination (3) If the regulations so provide, the Board shall hold a hearing to determine revenue horizons for the purposes of section 36, in accordance with the regulations. 2024, c. 10, s. 5 (1). Same (4) Regulations made for the purposes of subsection (3) may provide for, (a) timelines for conducting the hearing; (b) the manner in which the hearing may or must be conducted, including requiring that it be conducted as a generic hearing; (c) matters, information or documents, including documents written or issued by the Government or by a minister or ministry of the Crown, that the Board must consider in conducting the hearing and making its determination; and (d) any other matter respecting the hearing or its conduct that the Lieutenant Governor in Council considers appropriate. 2024, c. 10, s. 5 (1). Board determination prevails (5) If the Board determines a revenue horizon for a period under subsection (3), that revenue horizon applies for the period instead of the revenue horizon specified by the regulations. 2024, c. 10, s. 5 (1). Board to implement (6) The Board shall take such steps under this Act as are necessary to implement the revenue horizon set out in subsection (2) or, if applicable, determined under subsection (3). 2024, c. 10, s. 5 (1). Limitation (7) The Board shall not make any determinations respecting revenue horizons for the purposes of section 36, except as provided by regulations made for the purposes of subsection (3). 2024, c. 10, s. 5 (1). Same (8) The Minister shall not issue a directive under section 28.8 respecting the determination of revenue horizons for the purposes of section 36. 2024, c. 10, s. 5 (1). Procedural fairness does not apply (9) No action taken by the Board to implement or comply with a regulation made under this section is subject to any duty of procedural fairness, including any requirement to provide notice, reasons or an opportunity to make submissions, despite the Statutory Powers Procedure Act or any other law. 2024, c. 10, s. 5 (1). Same (10) For greater certainty, nothing about the making of a regulation under this section, or the circumstances in which it is made, shall be interpreted as imposing a duty of procedural fairness on the exercise of a regulation-making authority. 2024, c. 10, s. 5 (1). Conflict (11) In the event of a conflict between a regulation made under this section and the Statutory Powers Procedure Act, the rules made by the Board under section 25.1 of that Act or an order of the Board or other instrument or document made or issued under this Act, the regulation prevails to the extent of the conflict. 2024, c. 10, s. 5 (1). Same (12) Subsection (11) does not apply with respect to an order of the Board made before December 21, 2023. 2024, c. 10, s. 5 (1). Regulations (13) The Lieutenant Governor in Council may make regulations for the purposes of this section, (a) specifying numbers of years for the purposes of subsection (2), including, for greater certainty, specifying different numbers with respect to different classes of consumers; (b) requiring and governing a hearing under subsection (3). 2024, c. 10, s. 5 (1). Note: On January 1, 2029 or an earlier day to be named by proclamation of the Lieutenant Governor, section 36.0.1 of the Act, as enacted by subsection (1), is repealed. (See: 2024, c. 10, s. 5 (2)) Section Amendments with date in force (d/m/y) 2024, c. 10, s. 5 (1) - 01/07/2024; 2024, c. 10, s. 5 (2) - not in force Gas storage areas 36.1 (1) The Board may by order, (a) designate an area as a gas storage area for the purposes of this Act; or (b) amend or revoke a designation made under clause (a). 2001, c. 9, Sched. F, s. 2 (2). Transition (2) Every area that was designated by regulation as a gas storage area on the day before this section came into force shall be deemed to have been designated under clause (1) (a) as a gas storage area on the day the regulation came into force. 2001, c. 9, Sched. F, s. 2 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 2 (2) - 08/08/2001 Rate protection — expansion of natural gas distribution systems Definition 36.2 (1) In this section, “qualifying investment” means an investment that satisfies the prescribed criteria. 2018, c. 15, s. 1. Board to provide rate protection (2) The Board, in approving just and reasonable rates for a gas distributor, shall provide rate protection for consumers or prescribed classes of consumers with respect to costs incurred by the gas distributor in making a qualifying investment for the purpose of providing access to a natural gas distribution system to those consumers by reducing the rates that would otherwise apply in accordance with the prescribed rules. 2018, c. 15, s. 1. Compensation (3) A gas distributor is entitled to be compensated for lost revenue resulting from the rate reduction provided under subsection (2). 2018, c. 15, s. 1. Liability (4) All consumers, or such classes of consumers as are prescribed, are required, in accordance with the regulations, to contribute towards the amount of any compensation required under subsection (3). 2018, c. 15, s. 1. Information, etc. (5) If provided for in the regulations, the Board, gas distributors and other prescribed persons or entities shall provide such information and reports to the Ministry of Energy, Northern Development and Mines and to one another as are necessary to facilitate the implementation, administration, funding and delivery of the rate protection or of anything else provided for in this section. 2018, c. 15, s. 1. Regulations (6) The Lieutenant Governor in Council may make regulations, (a) prescribing criteria for the purposes of the definition of “qualifying investment” in subsection (1); (b) prescribing the consumers or classes of consumers eligible for rate protection under this section; (c) prescribing rules for the calculation of the amount of the rate reduction; (d) prescribing maximum amounts of the total annual value of rate protection that may be provided under this section; (e) prescribing classes of consumers for the purposes of subsection (4); (f) providing that certain classes of consumers are required to contribute towards the amount of compensation only in respect of certain gas distributors; (g) prescribing rules respecting the amounts that must be collected to compensate gas distributors, including rules, (i) respecting the calculation of those amounts, (ii) establishing the time and manner of collection, (iii) requiring the amounts to be paid in instalments and requiring the payment of interest or penalties on late payments, (iv) prescribing methods of ensuring that the amounts required cannot be bypassed, and (v) respecting the distribution of the amounts collected; (h) respecting the use of money collected in excess of the amount required to compensate gas distributors; (i) prescribing the powers and duties of the Board in relation to the calculation of amounts to be collected and the time and manner of collection and distribution; (j) providing for and governing the provision of information and reports under subsection (5); (k) prescribing persons or entities for the purposes of subsection (5); (l) requiring a gas distributor, the Board or other persons or entities to make or receive payments in respect of rate protection under this section, including prescribing the circumstances in which such payments are to be made and received; (m) governing invoices issued to consumers who are members of a class of consumers prescribed for the purposes of subsection (2) or (4) in respect of rate protection under this section, including, (i) prescribing information that must or may be included on or with the invoices, (ii) prescribing requirements that the invoices must meet, (iii) prescribing the form of the invoice, including prescribing different requirements and forms, and (iv) respecting the manner in which the invoices are to be provided to consumers; (n) respecting any other matter that the Lieutenant Governor in Council considers necessary in relation to the rate protection. 2018, c. 15, s. 1. Retroactivity (7) A regulation made under this section is, if it so provides, effective with reference to a period before it is filed. 2018, c. 15, s. 1. General or particular (8) A regulation under this section may be general or particular in application and may prescribe different rules for different persons or classes of persons. 2018, c. 15, s. 1. Section Amendments with date in force (d/m/y) 2018, c. 15, s. 1 - 01/07/2019 Prohibition, gas storage in undesignated areas 37 No person shall inject gas for storage into a geological formation unless the geological formation is within a designated gas storage area and unless, in the case of gas storage areas designated after January 31, 1962, authorization to do so has been obtained under section 38 or its predecessor. 1998, c. 15, Sched. B, s. 37; 2001, c. 9, Sched. F, s. 2 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 2 (3) - 08/08/2001 Authority to store 38 (1) The Board by order may authorize a person to inject gas into, store gas in and remove gas from a designated gas storage area, and to enter into and upon the land in the area and use the land for that purpose. 1998, c. 15, Sched. B, s. 38 (1). Right to compensation (2) Subject to any agreement with respect thereto, the person authorized by an order under subsection (1), (a) shall make to the owners of any gas or oil rights or of any right to store gas in the area just and equitable compensation in respect of the gas or oil rights or the right to store gas; and (b) shall make to the owner of any land in the area just and equitable compensation for any damage necessarily resulting from the exercise of the authority given by the order. 1998, c. 15, Sched. B, s. 38 (2). Determination of amount of compensation (3) No action or other proceeding lies in respect of compensation payable under this section and, failing agreement, the amount shall be determined by the Board. 1998, c. 15, Sched. B, s. 38 (3). Appeal (4) An appeal within the meaning of section 31 of the Expropriations Act lies from a determination of the Board under subsection (3) to the Divisional Court, in which case that section applies and section 33 of this Act does not apply. 1998, c. 15, Sched. B, s. 38 (4); 2003, c. 3, s. 31. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 31 - 01/08/2003 Gas storage, surplus facilities and approval of agreements Allocation of surplus storage facilities 39 (1) Upon the application of a gas transmitter or gas distributor, the Board by order may direct a storage company having storage capacity and facilities that are not in full use to provide all or part of the storage capacity and facilities for the applicant upon such conditions as may be determined by the Board. 1998, c. 15, Sched. B, s. 39 (1). Gas storage agreements to be approved (2) No storage company shall enter into an agreement or renew an agreement with any person for the storage of gas unless the Board, with or without a hearing has approved, (a) the parties to the agreement or renewal; (b) the period for which the agreement or renewal is to be in operation; and (c) the storage that is the subject of the agreement or renewal. 1998, c. 15, Sched. B, s. 39 (2). Referral to Board of application for well licence 40 (1) The Minister of Natural Resources shall refer to the Board every application for the granting of a licence relating to a well in a designated gas storage area, and the Board shall report to the Minister of Natural Resources on it. 1998, c. 15, Sched. B, s. 40 (1). Hearing (2) The Board may hold a hearing before reporting to the Minister if the applicant does not have authority to store gas in the area or, in the Board’s opinion, the special circumstances of the case require a hearing. 1998, c. 15, Sched. B, s. 40 (2). Copy of report to be sent to parties (3) The Board shall send to each of the parties a copy of its report to the Minister made under subsection (1) within 10 days after submitting it to the Minister and such report shall be deemed to be an order of the Board within the meaning of section 34. 1998, c. 15, Sched. B, s. 40 (3). Minister’s decision (4) The Minister of Natural Resources shall grant or refuse to grant the licence in accordance with the report. 1998, c. 15, Sched. B, s. 40 (4). Allocation of market demand 41 The Board by order may allocate a just and equitable share of the market demands for gas or oil to the several sources from which the gas or oil is produced and to the several interests within a field or pool. 1998, c. 15, Sched. B, s. 41. Duties of gas transmitters and distributors Discontinuance of transmission or distribution 42 (1) Subject to the Technical Standards and Safety Act, 2000 and the regulations made under that Act, and in the absence of an agreement to the contrary between the parties affected, no gas transmitter shall voluntarily discontinue transmitting gas to a gas distributor without leave of the Board. 1998, c. 15, Sched. B, s. 42 (1); 2002, c. 17, Sched. F, Table; 2003, c. 3, s. 32. Duty of gas distributor (2) Subject to the Public Utilities Act, the Technical Standards and Safety Act, 2000 and the regulations made under the latter Act, sections 80, 81, 82 and 83 of the Municipal Act, 2001 and sections 64, 65, 66 and 67 of the City of Toronto Act, 2006, a gas distributor shall provide gas distribution services to any building along the line of any of the gas distributor’s distribution pipe lines upon the request in writing of the owner, occupant or other person in charge of the building. 2006, c. 32, Sched. C, s. 42. Order (3) Upon application, the Board may order a gas transmitter, gas distributor or storage company to provide any gas sale, transmission, distribution or storage service or cease to provide any gas sale service. 1998, c. 15, Sched. B, s. 42 (3). Restriction (4) Despite subsection 19 (4), the Board may not commence a proceeding under subsection (3) on its own motion. 1998, c. 15, Sched. B, s. 42 (4). Section Amendments with date in force (d/m/y) 2002, c. 17, Sch. F, Table- 01/01/2003 2003, c. 3, s. 32 - 01/08/2003 2006, c. 32, Sched. C, s. 42 - 01/01/2007 2010, c. 8, s. 38 (4) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020 Change in ownership or control of systems Disposal 43 (1) No gas transmitter, gas distributor or storage company, without first obtaining from the Board an order granting leave, shall, (a) sell, lease or otherwise dispose of its gas transmission, gas distribution or gas storage system as an entirety or substantially as an entirety; (b) sell, lease or otherwise dispose of that part of a system described in paragraph (a) that is necessary in serving the public; or (c) amalgamate with any other corporation. 1998, c. 15, Sched. B, s. 43 (1). Same (1.1) Subsection (1) does not apply with respect to a disposition of securities of a gas transmitter, gas distributor or storage company, or of a corporation that owns securities in a gas transmitter, gas distributor or storage company. 2003, c. 3, s. 33. Acquisition of share control (2) No person, without first obtaining an order from the Board granting leave, shall, (a) acquire such number of voting securities of a gas transmitter, gas distributor or storage company that together with voting securities already held by such person and one or more affiliates or associates of that person, will in the aggregate exceed 20 per cent of the voting securities of a gas transmitter, gas distributor or storage company; or (b) acquire control of any corporation that holds, directly or indirectly, more than 20 per cent of the voting securities of a gas transmitter, gas distributor or storage company if such voting securities constitute a significant asset of that corporation. 1998, c. 15, Sched. B, s. 43 (2). Same (2.1) Subsection (2) does not apply to, (a) an underwriter (within the meaning of the Securities Act) who holds the voting securities solely for the purpose of distributing them to the public; (b) any person or entity who is acting in relation to the voting securities solely in the capacity of an intermediary in the payment of funds or the delivery of securities or both in connection with trades in securities and who provides centralized facilities for the clearing of trades in securities; or (c) any person or entity who holds the voting securities by way of security only. 2003, c. 3, s. 33. Significant asset (3) For the purpose of subsection (2), (a) an asset is a significant asset if its value is 20 per cent or more of the aggregate book value of the total assets of a person, determined on a consolidated basis in accordance with generally accepted accounting principles; and (b) “control”, with respect to a corporation, has the same meaning as in the Business Corporations Act. 1998, c. 15, Sched. B, s. 43 (3). Valuation of voting securities (4) For the purpose of determining whether voting securities constitute a significant asset, the value of the voting securities shall be deemed to be, (a) the market value of the securities if more than 20 per cent of the voting securities are publicly traded; and (b) 115 per cent of the book value of the voting securities, as determined by the equity method of accounting, in all other cases. 1998, c. 15, Sched. B, s. 43 (4). Mortgages (5) This section does not apply to a mortgage or charge to secure any loan or indebtedness or to secure any bond, debenture or other evidence of indebtedness. 1998, c. 15, Sched. B, s. 43 (5). Leave (6) An application for leave under this section shall be made to the Board, which shall grant or refuse leave. 1998, c. 15, Sched. B, s. 43 (6). Void agreement (7) An amalgamation agreement between the corporations that propose to amalgamate is void if the Board refuses to grant leave under this section, even if the amalgamation agreement has been adopted in accordance with subsection 176 (4) of the Business Corporations Act. 1998, c. 15, Sched. B, s. 43 (7). Void certificate (8) A certificate of amalgamation endorsed by the director appointed under section 278 of the Business Corporations Act is void if it is endorsed before leave of the Board for the amalgamation is granted. 1998, c. 15, Sched. B, s. 43 (8). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 33 - 01/08/2003 Procurement restrictions 43.1 (1) No gas transmitter, gas distributor or storage company that is prescribed by the regulations shall procure a good or service that meets the conditions prescribed by the regulations respecting, (a) its country, region or territory of origin, as determined in the regulations; or (b) the country, region or territory of origin of the person or entity that is, or that beneficially owns or controls, a supplier of the good or service, as determined in the regulations. 2025, c. 22, Sched. 3, s. 12 (3). Same, subsidiaries (2) No gas transmitter, gas distributor or storage company subsidiary that is prescribed by the regulations shall procure a good or service that meets the conditions prescribed by the regulations respecting, (a) its country, region or territory of origin, as determined in the regulations; or (b) the country, region or territory of origin of the person or entity that is, or that beneficially owns or controls, a supplier of the good or service, as determined in the regulations. 2025, c. 22, Sched. 3, s. 12 (3). Origin (2.1) For the purposes of subsections (1) and (2), (a) country, region or territory of origin of a person or entity may be determined by reference to any relevant factor including, as applicable, (i) where a person is ordinarily resident, (ii) where a head office or other office is located, (iii) jurisdiction of incorporation, (iv) the number or proportion of employees of the person or entity that are located in a country, region or territory, (v) the jurisdiction of the laws to which the person or entity is subject, or (vi) where the person or entity’s business activities, as they relate to the provision of the good or service, are carried on; and (b) a regulation may set out, for its own purposes, how beneficial ownership or control is to be determined. 2025, c. 22, Sched. 3, s. 12 (3). Application (3) Subsection (1) or (2) applies with respect to a procurement only if, on the day a regulation made for the purposes of that subsection begins to apply, (a) the final version of the request for proposal or any other document that would give rise to the procurement has not yet been issued, in the case of a competitive procurement; or (b) in the case of a procurement that is not a competitive procurement, the parties have not entered into a final contract in respect of the procurement. 2025, c. 4, Sched. 6, s. 1. Non-application, Discriminatory Business Practices Act (4) The Discriminatory Business Practices Act does not apply to anything done or not done in accordance with a regulation made for the purposes of subsection (1) or (2). 2025, c. 4, Sched. 6, s. 1. Deferral or variance accounts (5) A gas distributor, gas transmitter or storage company that is prescribed for the purposes of subsection (1) and for which rates are approved or fixed by the Board under section 36 may establish a deferral or variance account that records, (a) the costs incurred by the gas distributor, gas transmitter or storage company as a result of complying with the subsection; and (b) the interest costs incurred on the principal balance of the account, as the Board may direct. 2025, c. 22, Sched. 3, s. 12 (4). Same (6) The Board shall, from time to time or as prescribed by the regulations, make an order under section 36 that determines whether and how amounts recorded in an account referred to in subsection (5) shall be reflected in rates approved or fixed under that section, subject to any requirements prescribed by the regulations. 2025, c. 22, Sched. 3, s. 12 (4). Section Amendments with date in force (d/m/y) 2025, c. 4, Sched. 6, s. 1 - 05/06/2025; 2025, c. 22, Sched. 3, s. 12 (3, 4) - 11/12/2025 Rules 44 (1) The chief executive officer may make rules, (a) governing the conduct of a gas transmitter, gas distributor or storage company as such conduct relates to its affiliates; (b) governing the conduct of a gas distributor as such conduct relates to any person, (i) selling or offering to sell gas to a consumer, (ii) acting as agent or broker for a seller of gas to a consumer, or (iii) acting or offering to act as the agent or broker of a consumer in the purchase of gas;

(b.1) subject to subsections 42 (5) to (14), governing the conduct of a gas distributor as the conduct relates to, (i) stopping the distribution of gas to a property, including the manner in which and the time within which the distribution stops or is to stop, and, with respect to a low-volume consumer as defined in section 47, periods during which the distribution may not be stopped, (ii) the manner, timing and form in which the notice under subsection 42 (6) is to be provided to the person, and (iii) the information to be included in the notice to the person; (b.2) subject to the regulations, governing the manner and circumstances in which security is to be provided, including where security is to be provided or not to be provided by a gas consumer to a gas distributor and, (i) the interest rate to be applied to amounts held on deposit and payable by the gas distributor to the consumer for the amounts, (ii) the manner and time or times by which the amounts held on deposit may or must be paid or set-off against amounts otherwise due or payable by the consumer, (iii) the circumstances in which security need not be provided or in which specific arrangements in respect of security may or must be provided by the gas distributor to the consumer, and (iv) such other matters as the chief executive officer may determine in respect of security; (b.3) relating to any matter in respect of invoices issued in respect of gas to consumers, including meeting such requirements as may be provided for by the chief executive officer or being in a form approved by the chief executive officer; (c) governing the conduct of persons holding a licence issued under Part IV; (c.1) relating to any matter, prescribed by regulation, in respect of gas marketers in relation to gas marketing, subject to any regulations made under this Act or under the Energy Consumer Protection Act, 2010; (d) establishing conditions of access to transmission, distribution and storage services provided by a gas transmitter, gas distributor or storage company; (e) establishing classes of gas transmitters, gas distributors and storage companies; (f) requiring and providing for the making of returns, statements or reports by any class of gas transmitters, gas distributors or storage companies relating to the transmission, distribution, storage or sale of gas, in such form and containing such matters and verified in such manner as the rule may provide; (g) requiring and providing for an affiliate of a gas transmitter, gas distributor or storage company to make returns, statements or reports relating to the transmission, distribution, storage or sale of gas by the gas transmitter, gas distributor or storage company of which it is the affiliate, in such form and containing such matters and verified in such manner as the rule may provide; (h) establishing a uniform system of accounts applicable to any class of gas transmitters, gas distributors or storage companies; (i) respecting any other matter prescribed by regulation. 1998, c. 15, Sched. B, s. 44 (1); 2010, c. 8, s. 38 (5); 2017, c. 1, s. 1 (1); 2019, c. 6, Sched. 2, s. 18 (1-3). (1.1) Repealed: 2019, c. 6, Sched. 2, s. 18 (4). Approval, etc., of Board (2) A rule may require an approval, consent or determination of the Board, with or without a hearing, for any of the matters provided for in the rule. 2003, c. 3, s. 34 (2). Incorporation by reference (3) A rule authorized by this section may incorporate by reference, in whole or in part, any standard, procedure or guideline and may require compliance with any standard, procedure or guideline adopted. 1998, c. 15, Sched. B, s. 44 (3). Scope (4) A rule may be general or particular in its application and may be limited as to time or place or both. 1998, c. 15, Sched. B, s. 44 (4). Conflict with Public Utilities Act (4.1) In the event of a conflict between a rule made under subclause (1) (b.1) (i) and anything in section 59 of the Public Utilities Act, the rule prevails. 2017, c. 1, s. 1 (2); 2019, c. 6, Sched. 2, s. 18 (5). Exemption (5) A rule may authorize the Board to grant an exemption to it. 2000, c. 26, Sched. D, s. 2 (3). Same (6) An exemption or a removal of an exemption, (a) may be granted or made in whole or in part; and (b) may be granted or made subject to conditions or restrictions. 2000, c. 26, Sched. D, s. 2 (3). Non-application (7) Part III (Regulations) of the Legislation Act, 2006 does not apply to the rules made under this section. 1998, c. 15, Sched. B, s. 44 (7); 2006, c. 21, Sched. F, s. 136 (1); 2019, c. 6, Sched. 2, s. 18 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (7) of the Act is repealed. (See: 2019, c. 6, Sched. 2, s. 18 (7)) Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (3) - 06/12/2000 2003, c. 3, s. 34 (1, 2) - 01/08/2003 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2010, c. 8, s. 38 (5) - 01/01/2011 2017, c. 1, s. 1 - 22/02/2017 2019, c. 6, Sched. 2, s. 18 (1-6) - 01/10/2020; 2019, c. 6, Sched. 2, s. 18 (7) - not in force Proposed rules, notice and content 45 (1) The chief executive officer shall ensure that notice of every rule he or she proposes to make under section 44 is given in the manner and to the persons that the chief executive officer considers appropriate. 2019, c. 6, Sched. 2, s. 19 (1). Content of notice (2) The notice must include, (a) the proposed rule or a summary of the proposed rule; (b) a concise statement of the purpose of the proposed rule; (c) an invitation to make written representations with respect to the proposed rule; (d) the time limit for making written representations; (e) if a summary is provided, information about how the entire text of the proposed rule may be obtained; and (f) a description of the anticipated costs and benefits of the proposed rule. 1998, c. 15, Sched. B, s. 45 (2). Opportunity for comment (3) On giving notice under subsection (1), the chief executive officer shall give a reasonable opportunity to interested persons to make written representations with respect to the proposed rule within such reasonable period as the chief executive officer considers appropriate. 2019, c. 6, Sched. 2, s. 19 (1). Exceptions to notice requirement (4) Notice under subsection (1) is not required if what is proposed is an amendment that does not materially change an existing rule. 1998, c. 15, Sched. B, s. 45 (4). Notice of changes (5) If, after considering the submissions, the chief executive officer proposes material changes to the proposed rule, the chief executive officer shall ensure notice of the proposed changes is given in such manner and to such persons as the chief executive officer may determine. 2019, c. 6, Sched. 2, s. 19 (1). Content of notice (6) The notice must include, (a) the proposed rule with the changes incorporated or a summary of the proposed changes; (b) a concise statement of the purpose of the changes; (c) an invitation to make written representations with respect to the proposed rule; (d) the time limit for making written representations; (e) if a summary is provided, information about how the entire text of the proposed rule may be obtained; and (f) a description of the anticipated costs and benefits of the proposed rule. 1998, c. 15, Sched. B, s. 45 (6). Representations re changes (7) On giving notice of changes, the chief executive officer shall give a reasonable opportunity to interested persons to make written representations with respect to the changes within such reasonable period as the chief executive officer considers appropriate. 2019, c. 6, Sched. 2, s. 19 (1). Making the rule (8) If notice under this section is required, the chief executive officer may make the rule only at the end of this process and after considering all representations made as a result of that process. 2019, c. 6, Sched. 2, s. 19 (1). Public inspection (9) The chief executive officer must make the proposed rule and the written representations made under this section available for public inspection during normal business hours at the offices of the Board. 1998, c. 15, Sched. B, s. 45 (9); 2019, c. 6, Sched. 2, s. 19 (2). Consultation (10) If the chief executive officer proposes to make a rule under clause 44 (1) (a), notice shall not be given under subsection (1) until after the chief executive officer has consulted with gas transmitters, gas distributors or storage companies, as appropriate. 2019, c. 6, Sched. 2, s. 19 (3). Amendment (11) In this section, a rule includes an amendment to a rule and a revocation of a rule. 1998, c. 15, Sched. B, s. 45 (11). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 35 (1, 2) - 01/08/2003 2019, c. 6, Sched. 2, s. 19 (1-3) - 01/20/2020 Rules, effective date and gazette publication 46 (1) A rule comes into force on the day specified in the rule. 1998, c. 15, Sched. B, s. 46 (1). Publication (2) The Board shall publish every rule that comes into force in The Ontario Gazette as soon after the rule is made as practicable. 1998, c. 15, Sched. B, s. 46 (2). Effect of non-publication (3) A rule that is not published is not effective against a person who has not had actual notice of it. 1998, c. 15, Sched. B, s. 46 (3). Effect of publication (4) Publication of a rule in The Ontario Gazette, (a) is, in the absence of evidence to the contrary, proof of its text and of its making; and (b) shall be deemed to be notice of its contents to every person subject to it or affected by it. 1998, c. 15, Sched. B, s. 46 (4). Judicial notice (5) If a rule is published in The Ontario Gazette, judicial notice shall be taken of it, of its content and of its publication. 1998, c. 15, Sched. B, s. 46 (5). PART IV GAS MARKETING Definitions, Part IV 47 In this Part, “gas marketer” means a person who, (a) sells or offers to sell gas to a low-volume consumer, (b) acts as the agent or broker for a seller of gas to a low-volume consumer, or (c) acts or offers to act as the agent or broker of a low-volume consumer in the purchase of gas, and “gas marketing” has a corresponding meaning; (“agent de commercialisation de gaz”, “commercialisation de gaz”) “low-volume consumer” means a person who annually uses less than the amount of gas prescribed by regulation. (“petit consommateur”) 1998, c. 15, Sched. B, s. 47. Requirement to hold licence 48 (1) No person shall carry on business as a gas marketer unless the person holds a gas marketer’s licence. 1998, c. 15, Sched. B, s. 48 (1). Restriction on name use (2) A gas marketer shall not carry on business in a name other than the name in which it is licensed unless authorized to do so in the licence. 1998, c. 15, Sched. B, s. 48 (2). Exclusion (3) This section does not apply to, (a) a gas distributor acting in accordance with an order of the Board including an order made under section 57.1; or (b) a gas distributor to whom section 36 does not apply pursuant to an exemption set out in the regulations. 2003, c. 3, s. 36; 2023, c. 9, Sched. 24, s. 2. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 36 - 01/08/2003 2023, c. 9, Sched. 24, s. 2 - 08/06/2023 Where not in compliance 49 A gas marketing contract between a low-volume consumer and a person who is not in compliance with section 48 may not be enforced against that consumer. 1998, c. 15, Sched. B, s. 49. Application for licence 50 (1) A person may apply to the Board for the issuance or renewal of a gas marketing licence. 2003, c. 3, s. 37. Regulations (2) The Lieutenant Governor in Council may make regulations prescribing requirements for a gas marketing licence which, if not met, will result in the refusal to issue or renew a licence. 2003, c. 3, s. 37. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 37 - 01/08/2003 Licence conditions and renewals Licence conditions 51 (1) A licence under this Part may contain such conditions as are appropriate having regard to the objectives of the Board. 2010, c. 8, s. 38 (6). Licence renewals (2) A licence under this Part shall be renewed at such times as may be prescribed by regulation. 2010, c. 8, s. 38 (6). Regulations (3) The Lieutenant Governor in Council may make regulations prescribing the time or times at which a licence is to be renewed for the purposes of subsection (2). 2021, c. 2, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 37 - 01/08/2003 2010, c. 8, s. 38 (6) - 01/01/2011 2021, c. 2, Sched. 2, s. 2 - 12/04/2021 Amendment of licence 52 The Board may, on the application of any person, amend a licence if it considers the amendment to be, (a) necessary to implement a directive issued under section 27, 27.1 or 28.7; or (b) in the public interest, having regard to the objectives of the Board. 2003, c. 3, s. 37; 2010, c. 8, s. 38 (7). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 37 - 01/08/2003 2010, c. 8, s. 38 (7) - 01/01/2011 Cancellation on request 53 The Board may cancel a licence on the request in writing of the licence holder. 2003, c. 3, s. 38. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (4) - 06/12/2000 2003, c. 3, s. 38 - 01/08/2003 54 Repealed: 2003, c. 3, s. 39. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 39 - 01/08/2003 55 Repealed: 2003, c. 3, s. 39. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 39 - 01/08/2003 PART V REGULATION OF ELECTRICITY Definitions, Part V 56 In this Part, “alternative energy source” means an energy source that is an alternative energy source for the purposes of the Electricity Act, 1998; (“source d’énergie de remplacement”) “ancillary services” means services necessary to maintain the reliability of the IESO-controlled grid, including frequency control, voltage control, reactive power and operating reserve services; (“services accessoires”) “consumer” means a person who uses, for the person’s own consumption, electricity that the person did not generate; (“consommateur”) “Financial Corporation” has the same meaning as in the Electricity Act, 1998; (“Société financière”) “generate”, with respect to electricity, means to produce electricity or provide ancillary services, other than ancillary services provided by a transmitter or distributor through the operation of a transmission or distribution system; (“produire”) “generation facility” means a facility for generating electricity or providing ancillary services, other than ancillary services provided by a transmitter or distributor through the operation of a transmission or distribution system, and includes any structures, equipment or other things used for that purpose; (“installation de production”) “generator” means a person who owns or operates a generation facility; (“producteur”) “IESO-administered markets” means the markets established by the market rules under the Electricity Act, 1998; (“marchés administrés par la SIERE”) “IESO-controlled grid” means the transmission systems with respect to which, pursuant to agreements, the IESO has authority to direct operations; (“réseau dirigé par la SIERE”) “low-volume consumer” means a consumer who annually uses less than 150,000 kilowatt hours of electricity or such other amount of electricity as is prescribed by the regulations; (“petit consommateur”) “market participant” means a person who is authorized by the market rules to participate in the IESO-administered markets or to cause or permit electricity to be conveyed into, through or out of the IESO-controlled grid; (“intervenant du marché”) “market rules” means the rules made under section 32 of the Electricity Act, 1998; (“règles du marché”) “renewable energy source” means an energy source that is a renewable energy source for the purposes of the Electricity Act, 1998; (“source d’énergie renouvelable”) “retail”, with respect to electricity, means, (a) to sell or offer to sell electricity to a consumer, (b) to act as agent or broker for a retailer with respect to the sale or offering for sale of electricity, or (c) to act or offer to act as an agent or broker for a consumer with respect to the sale or offering for sale of electricity; (“vendre au détail”) “Retail Settlement Code” means the Retail Settlement Code issued by the Board, as amended from time to time; (“code appelé Retail Settlement Code”) “retailer” means a person who retails electricity. (“détaillant”) 1998, c. 15, Sched. B, s. 56; 2002, c. 23, s. 4 (6, 7); 2003, c. 3, s. 40; 2004, c. 23, Sched. B, s. 9 (1, 2), (4, 5), (7-9); 2007, c. 8, s. 222; 2009, c. 12, Sched. D, s. 9; 2009, c. 33, Sched. 18, s. 21; 2021, c. 2, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (6) - 09/12/2002; 2002, c. 23, s. 4 (7) - 01/01/2003 2003, c. 3, s. 40 - 01/08/2003 2004, c. 23, Sched. B, s. 9 (1, 2, 4, 5, 7, 9) - 01/01/2005; 2004, c. 23, Sched. B, s. 9 (3, 6) - no effect - Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2014; 2004, c. 23, Sched. B, s. 9 (8) - 20/12/2004 2007, c. 8, s. 222 - 01/07/2010 2009, c. 12, Sched. D, s. 9 - 09/09/2009; 2009, c. 33, Sched. 18, s. 21 (1, 2) - 15/12/2009 CTS 16 MR 10 - 9 2017, c. 25, Sched. 9, s. 106 - no effect - see 2021, c. 2, Sched. 2, s. 3 - 12/04/2021 2021, c. 2, Sched. 2, s. 3 - 12/04/2021 Requirement to hold licence 57 Neither the IESO nor the Smart Metering Entity shall exercise their powers or perform their duties under the Electricity Act, 1998 unless licensed to do so under this Part and, except as otherwise provided under this Act, no other person shall, unless licensed to do so under this Part, (a) own or operate a distribution system; (b) own or operate a transmission system; (c) generate electricity or provide ancillary services for sale through the IESO-administered markets or directly to another person; (c.1) engage in unit sub-metering; (d) retail electricity; (e) purchase electricity or ancillary services in the IESO-administered markets or directly from a generator; (f) sell electricity or ancillary services through the IESO-administered markets or directly to another person, other than a consumer; (g) direct the operation of transmission systems in Ontario; (h) operate the market established by the market rules; or (i) engage in an activity prescribed by the regulations that relates to electricity. 1998, c. 15, Sched. B, s. 57; 2002, c. 1, Sched. B, s. 6; 2004, c. 23, Sched. B, s. 10; 2006, c. 3, Sched. C, s. 4; 2010, c. 8, s. 38 (8); 2014, c. 7, Sched. 23, s. 4; 2023, c. 9, Sched. 24, s. 3. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 6 - 27/06/2002 2004, c. 23, Sched. B, s. 10 (1, 2) - 01/01/2005 2006, c. 3, Sched. C, s. 4 - 03/05/2006 2010, c. 8, s. 38 (8) - 01/01/2011 2014, c. 7, Sched. 23, s. 4 - 01/01/2015 2023, c. 9, Sched. 24, s. 3 - 08/06/2023 Pilot or demonstration projects to facilitate innovation Exemption from licence requirement 57.1 (1) The Board may by order exempt a person from the requirement to be licensed under this Part in respect of any activity referred to in clause 57 (a), (c.1), (d), (e) or (f) for a period of no more than five years, in order to permit the person to participate in a pilot or demonstration project, (a) that meets any criteria prescribed by the regulations; and (b) that the Board determines is in furtherance of its objective to facilitate innovation in the electricity sector under paragraph 4 of subsection 1 (1). 2023, c. 9, Sched. 24, s. 4. Same, gas marketing (2) In making an order under subsection (1), the Board may additionally exempt a person from the requirement to be licensed under Part IV in respect of any activity to which section 48 applies for a period of no more than five years, in order to permit the person to participate in the pilot or demonstration project that is the subject of the order. 2023, c. 9, Sched. 24, s. 4. Extension (3) The Board may by order extend an exemption granted under subsection (1) or (2) for further periods of no more than five years each. 2023, c. 9, Sched. 24, s. 4. Amendment, revocation (4) The Board may by order amend or revoke an exemption granted under subsection (1) or (2) or extended under subsection (3). 2023, c. 9, Sched. 24, s. 4. Hearing not required (5) The Board may make an order under this section without a hearing. 2023, c. 9, Sched. 24, s. 4. Application of exemption (6) An exemption under this section applies only with respect to the exempted person’s participation in the pilot or demonstration project and for no other purpose. 2023, c. 9, Sched. 24, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 24, s. 4 - 08/06/2023 Where not in compliance 58 A contract between a member of a prescribed class of consumers and a person who is not in compliance with section 57 may not be enforced against that consumer. 2010, c. 8, s. 38 (9). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 41 - 01/08/2003 2010, c. 8, s. 38 (9) - 01/01/2011 Head office of distributor in Ontario 58.1 (1) A distributor that is licensed under this Part to own or operate a distribution system shall maintain its head office in Ontario. 2015, c. 29, s. 9. What constitutes “maintained in Ontario” (2) For the purposes of subsection (1), a distributor maintains its head office in Ontario if, (a) the principal executive office for the distributor and its subsidiaries is located in Ontario; (b) the chief executive officer and substantially all of the officers with strategic decision-making or management authority for the distributor and its subsidiaries principally perform their duties at that principal executive office or elsewhere in Ontario and are resident in Ontario; and (c) substantially all of the strategic decision-making, corporate planning, corporate finance and other executive functions of the distributor and its subsidiaries are carried out at that principal executive office or elsewhere in Ontario. 2015, c. 29, s. 9. Definition, “subsidiary” (3) In this section, “subsidiary”, with respect to a corporation, has the same meaning as in the Business Corporations Act. 2015, c. 29, s. 9. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 9 - 04/03/2016 Interim licences Emergency 59 (1) Despite this Act, the Board may issue an interim licence authorizing a person to undertake any of the activities described in section 57 if the Board considers it necessary to do so to ensure the reliable supply of electricity to consumers. 1998, c. 15, Sched. B, s. 59 (1). Failure to meet obligations or reliability standards (1.1) Subsection (2) applies if the Board has determined that, (a) a distributor has failed or is likely to fail to meet its obligations under section 29 of the Electricity Act, 1998; or (b) a transmitter has failed or is likely to fail to meet, (i) a reliability standard as defined in subsection 2 (1) of the Electricity Act, 1998, (ii) a reliability standard provided for in an order, licence or code issued by the Board, or in the market rules established under section 32 of the Electricity Act, 1998, or (iii) a standard prescribed by regulation under this Act. 2015, c. 29, s. 10 (1). Powers of Board (2) The Board may, (a) require the licensee, as a condition of an interim licence, to take possession and control of the business of the transmitter or distributor; (b) order the transmitter or distributor to surrender possession and control of its business to the person licensed under subsection (1); and (c) without a hearing, amend or suspend the licence of the transmitter or distributor. 2015, c. 29, s. 10 (2). Conduct under cl. (2) (a) (3) A person who is required under clause (2) (a) to take possession and control of the business of a transmitter or distributor may, subject to the conditions of the interim licence, carry on, manage and conduct the operations of the business in the name of the transmitter or distributor, including, (a) preserving, maintaining and adding to the property of the business; (b) receiving the income and revenue of the business; (c) issuing cheques from, withdrawing money from and otherwise dealing with the accounts of the business; (d) retaining or dismissing employees, consultants, counsel and other assistance for the business; (e) directing the employees of the business; and (f) conducting, settling and commencing litigation relating to the business. 2003, c. 3, s. 42 (2); 2015, c. 29, s. 10 (3). Liability (3.1) A person who is required under clause (2) (a) to take possession and control of the business of a transmitter or distributor is not liable for anything that results from taking possession and control of the business or otherwise exercising or performing the person’s powers and duties under this Act, the interim licence or any order of the Board, unless liability arises from the person’s negligence or wilful misconduct. 2003, c. 3, s. 42 (2); 2015, c. 29, s. 10 (4). Disposal of assets (4) A person described in subsection (3) may dispose of such assets as are ordinarily disposed of in the normal course of carrying on the business of a transmitter or distributor. 1998, c. 15, Sched. B, s. 59 (4); 2015, c. 29, s. 10 (5). No notice (5) The Board may act under this section without notice and without a hearing. 1998, c. 15, Sched. B, s. 59 (5). Review (6) The Board shall, upon the request of a transmitter or distributor against whom an order is made under clause (2) (b), hold a hearing to review the order. 1998, c. 15, Sched. B, s. 59 (6); 2015, c. 29, s. 10 (6). Order not stayed (7) A request for a hearing does not stay the order made under clause (2) (b). 1998, c. 15, Sched. B, s. 59 (7). Action on review (8) After the hearing, the Board may confirm or amend its order and may extend the order. 1998, c. 15, Sched. B, s. 59 (8). Term of licence (9) An order made or licence issued under this section expires six months after it is made or issued unless the Board orders that it be extended. 1998, c. 15, Sched. B, s. 59 (9); 2015, c. 29, s. 10 (7). Retain ownership (10) Despite subsection (2) or (3), and subject to subsection (4) a transmitter or distributor to whom an order is issued under clause (2) (b) retains ownership of any assets of the business that the transmitter or distributor owned before the order was issued, subject to any encumbrances. 1998, c. 15, Sched. B, s. 59 (10); 2015, c. 29, s. 10 (8). No compensation (11) A transmitter or distributor to whom an order is issued under clause (2) (b) is not entitled to any compensation from the Crown, the Board or any person for being required to surrender possession and control of its business. 1998, c. 15, Sched. B, s. 59 (11); 2015, c. 29, s. 10 (9). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 42 (1, 2) - 01/08/2003 2015, c. 29, s. 10 (1-8) - 04/03/2016 Appointment of supervisor Failure to meet financial obligations, reliability standards, etc. 59.1 (1) Subsection (2) applies if the Board has determined that a transmitter or distributor, (a) has failed or is likely to fail to meet its financial obligations as they become due, or that the financial condition of the transmitter or distributor has otherwise significantly deteriorated; or (b) may not be able to meet, (i) a reliability standard as defined in subsection 2 (1) of the Electricity Act, 1998, (ii) a reliability standard provided for in an order, licence or code issued by the Board, or in the market rules established under section 32 of the Electricity Act, 1998, or (iii) a standard prescribed by regulation under this Act. 2015, c. 29, s. 11. Appointment (2) Where any of the circumstances in subsection (1) apply, the Board may appoint a supervisor to, (a) supervise the management of the business of the transmitter or distributor; and (b) prepare such reports and information, including any recommendations, as may be required by the Board, and file them with the Board. 2015, c. 29, s. 11. Provision of information to supervisor (3) The transmitter or distributor shall promptly provide the supervisor with such assistance, information and access to documents or records relating to the business of the transmitter or distributor as the supervisor may reasonably request, within the time period and in the form reasonably requested by the supervisor. 2015, c. 29, s. 11. Board orders (4) Upon receipt of a report or information from a supervisor under clause (2) (b), the Board may order that the transmitter or distributor take such remedial steps as the Board considers appropriate, having regard to the report or information and any recommendations made by the supervisor. 2015, c. 29, s. 11. Term and renewal of appointment (5) An appointment under subsection (2) shall be for a specified term that does not exceed one year and may be renewed once. 2015, c. 29, s. 11. Costs (6) The Board may order that the costs incurred by the Board or the supervisor under this section shall be paid by the transmitter or the distributor, or as otherwise determined by the Board. 2015, c. 29, s. 11. May act without notice (7) The Board may act under this section without notice and without a hearing. 2015, c. 29, s. 11. Hearing to review (8) The Board shall, upon the request of a transmitter or distributor against whom an order has been made under subsection (4), hold a hearing to review the order. 2015, c. 29, s. 11. Evidence, etc. (9) Sections 110 to 112 apply, with necessary modifications, to a supervisor appointed under this section, to documents, records and information obtained by a supervisor, and to reports and information prepared by a supervisor under clause (2) (b). 2015, c. 29, s. 11. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 11 - 04/03/2016 Application for licence 60 (1) A person may apply to the Board for the issuance or renewal of a licence authorizing one or more of the activities referred to in section 57 as specified in the application. 1998, c. 15, Sched. B, s. 60 (1); 2003, c. 3, s. 43 (1). (2) Repealed: 2003, c. 3, s. 43 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 43 (1, 2) - 01/08/2003 61 Repealed: 2003, c. 3, s. 44. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 44 - 01/08/2003 62 Repealed: 2003, c. 3, s. 44. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 44 - 01/08/2003 63 Repealed: 2003, c. 3, s. 44. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 44 - 01/08/2003 64 Repealed: 2003, c. 3, s. 44. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 44 - 01/08/2003 65 Repealed: 2003, c. 3, s. 44. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 44 - 01/08/2003 Mutual access, electricity generated outside Ontario 66 If an application for a licence relates to electricity generated from facilities located in a jurisdiction outside of Ontario, the Board may, in determining whether or not to issue a licence, have regard to whether that jurisdiction allows for equivalent access to its electricity markets for electricity generated from facilities located in Ontario. 1998, c. 15, Sched. B, s. 66; 2003, c. 3, s. 45. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 45 - 01/08/2003 67 Repealed: 2003, c. 3, s. 46. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 46 - 01/08/2003 68 Repealed: 2003, c. 3, s. 46. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 46 - 01/08/2003 69 Repealed: 2003, c. 3, s. 46. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 46 - 01/08/2003 Licence conditions 70 (1) A licence under this Part may prescribe the conditions under which a person may engage in an activity set out in section 57 and a licence may also contain such other conditions as are appropriate having regard to the objectives of the Board and the purposes of the Electricity Act, 1998. 1998, c. 15, Sched. B, s. 70 (1). Approvals, etc., with or without holding hearing (1.1) The Board may, with or without a hearing, grant an approval, consent or make a determination that may be required for any of the matters provided for in a licensee’s licence. 2009, c. 12, Sched. D, s. 10. Examples of conditions (2) The conditions of a licence may include provisions, (a) specifying the period of time during which the licence will be in effect; (b) requiring the licensee to provide, in the manner and form determined by the Board, such information as the Board may require; (c) requiring the licensee to enter into agreements with other persons on specified terms (including terms for a specified duration) approved by the Board relating to its trading or operations or for the connection to or use of any lines or plant owned or operated by the licensee or the other party to the agreement; (d) governing the conduct of the licensee, including the conduct of, (i) a transmitter or distributor as that conduct relates to its affiliates, (ii) a distributor as that conduct relates to a retailer, (ii.1) a distributor or suite meter provider as such conduct relates to, (A) the disconnection of the supply of electricity to a consumer, including the manner in which and the time within which the disconnection takes place or is to take place, and with respect to a low-volume consumer, periods during which the disconnection may not take place, (B) the manner, timing and form in which the notice under subsection 31 (2) of the Electricity Act, 1998 is to be provided to the consumer, and (C) subject to the regulations, the manner and circumstances in which security is to be provided or not to be provided by a consumer to a distributor or suite meter provider, including, (1) the interest rate to be applied to amounts held on deposit and payable by the distributor or suite meter provider to the consumer for the amounts, (2) the manner and time or times by which the amounts held on deposit may or must be paid or set-off against amounts otherwise due or payable by the consumer, (3) the circumstances in which security need not be provided or in which specific arrangements in respect of security may or must be provided by the distributor or suite meter provider to the consumer, and (4) such other matters as the Board may determine in respect of security deposits, (iii) a retailer, and (iv) a generator, retailer or person licensed to engage in an activity described in clause 57 (f) or an affiliate of that person as that conduct relates to the abuse or possible abuse of market power; (d.1) governing conditions relating to any matter prescribed by regulation in respect of retailers of electricity in relation to the retailing of electricity, subject to any regulations made under this Act; (e) specifying methods or techniques to be applied in determining the licensee’s rates; (f) requiring the licensee to maintain specified accounting records, prepare accounts according to specified principles and maintain organizational units or separate accounts for separate businesses in order to prohibit subsidies between separate businesses; (g) specifying performance standards, targets and criteria; (h) specifying connection or retailing obligations to enable reasonable demands for electricity to be met; (i) specifying information reporting requirements relating to the source of electricity and emissions caused by the generation of electricity; (j) requiring the licensee to expand or reinforce its transmission or distribution system in accordance with market rules in such a manner as the IESO or the Board may determine; (k) requiring the licensee to enter into an agreement with the IESO that gives the IESO the authority to direct operations of the licensee’s transmission system; (l) Repealed: 2016, c. 10, Sched. 2, s. 15. (m) requiring licensees, where a directive has been issued under section 28.2, to implement such steps or such processes as the Board or the directive requires in order to address risks or liabilities associated with customer billing and payment cycles in respect of the cost of electricity at the retail and at the wholesale levels and risks or liabilities associated with non-payment or default by a consumer or retailer. 1998, c. 15, Sched. B, s. 70 (2); 2003, c. 3, s. 47 (1); 2004, c. 23, Sched. B, s. 11 (1-3); 2010, c. 8, s. 38 (10, 11); 2016, c. 10, Sched. 2, s. 15; 2017, c. 1, s. 2 (1). Deemed conditions of licences, transmitters and distributors (2.1) Every licence issued to a transmitter or distributor shall be deemed to contain the following conditions: 1. Repealed: 2021, c. 25, Sched. 19, s. 1. 2. The licensee is required to prepare plans, in the manner and at the times mandated by the Board or as prescribed by regulation and to file them with the Board for approval for, i. the expansion or reinforcement of the licensee’s transmission system or distribution system to accommodate the connection of renewable energy generation facilities, and ii. the development and implementation of the smart grid in relation to the licensee’s transmission system or distribution system. 3. The licensee is required, in accordance with a plan referred to in paragraph 2 that has been approved by the Board or in such other manner and at such other times as mandated by the Board or prescribed by regulation, i. to expand or reinforce its transmission system or distribution system to accommodate the connection of renewable energy generation facilities, and ii. to make investments for the development and implementation of the smart grid in relation to the licensee’s transmission system or distribution system. 4. Repealed: 2019, c. 6, Sched. 3, s. 12 (1). 2009, c. 12, Sched. D, s. 10; 2017, c. 16, Sched. 1, s. 44 (1); 2019, c. 6, Sched. 3, s. 12 (1); 2021, c. 25, Sched. 19, s. 1. (2.2) Repealed: 2020, c. 34, Sched. 14, s. 2. Deemed condition of licences, unit sub-meter provider, Ontario Rebate for Electricity Consumers Act, 2016 (2.3) Every licence issued to a unit sub-meter provider is deemed to contain the condition that the unit sub-meter provider is required to comply with the Ontario Rebate for Electricity Consumers Act, 2016 and the regulations made under it. 2016, c. 19, s. 17 (2). (2.4) Repealed: 2019, c. 6, Sched. 3, s. 12 (2). Where no agreement (3) If the parties to an agreement under clause (2) (k) cannot agree on a proposed amendment to the agreement, the parties may jointly apply to the Board for a resolution of the matter. 1998, c. 15, Sched. B, s. 70 (3). Market rules (4) Every licence shall be deemed to contain a condition that the licensee comply with the market rules that apply to that licensee. 1998, c. 15, Sched. B, s. 70 (4). Records in Ontario (4.1) Every licence shall be deemed to contain a condition requiring the licensee to comply with any requirements set by the Board with respect to keeping certain records of the licensee in Ontario. 2015, c. 29, s. 12 (1). Abuse of market power (5) Without limiting the generality of subsection (1), a licence to engage in an activity described in clause 57 (c), (d) or (f) may contain conditions to address the abuse or possible abuse of market power, including conditions, (a) establishing minimum and maximum prices or a range of prices at which electricity may be offered for sale or sold through the IESO-administered markets or directly to another person or class of persons; (b) restricting the duration of contracts between licensees and any other person; and (c) restricting significant investment in or acquisition of generation facilities located in Ontario. 1998, c. 15, Sched. B, s. 70 (5); 2004, c. 23, Sched. B, s. 11 (4). Non-exclusive (6) Unless it provides otherwise, a licence under this Part shall not hinder or restrict the grant of a licence to another person within the same area and the licensee shall not claim any right of exclusivity. 1998, c. 15, Sched. B, s. 70 (6). Distributors: connection of generation facilities (6.1) The licence issued to a distributor shall contain conditions governing the connection of generation facilities to the distribution system, including the maximum cumulative generating capacity from generators to whom the regulations made under clause 88 (1) (g.1) or subsection 88 (2.1) apply that the distributor must allow to be connected to the distribution system. 2002, c. 23, s. 4 (8); 2017, c. 34, Sched. 31, s. 1. Requirement to provide information (7) Every licence, other than a licence issued to the IESO, is deemed to contain a condition that the licensee is required to provide such reasonable information to the IESO as the IESO may require, in the manner and form specified by the IESO. 2014, c. 7, Sched. 23, s. 5. Conflict with Electricity Act, 1998 (8) In the event of a conflict between a licence condition referred to in sub-subclause (2) (d) (ii.1) (A) and anything in section 31 of the Electricity Act, 1998, the licence condition prevails. 2017, c. 1, s. 2 (2). Affiliates (9) The licence of a distributor shall specify whether the distributor will comply with section 29 of the Electricity Act, 1998, (a) directly; (b) through an affiliate; (c) through another person with whom the distributor or an affiliate of the distributor has a contract; or (d) through a combination of methods described in clauses (a), (b) and (c), as specified. 1998, c. 15, Sched. B, s. 70 (9); 2002, c. 1, Sched. B, s. 7. Exception (10) Despite clause (9) (a) and any licence, a distributor shall not comply with section 29 of the Electricity Act, 1998 directly after the date prescribed by regulation. 1998, c. 15, Sched. B, s. 70 (10). Service area of distributor (11) The licence of a distributor shall specify the area in which the distributor is authorized to distribute electricity. 1998, c. 15, Sched. B, s. 70 (11). Non-discriminatory access (12) If a transmitter or distributor is exempt from the requirement to provide non-discriminatory access to its transmission or distribution system in Ontario by regulation made under the Electricity Act, 1998, a licence under this Part shall not include a condition requiring the provision of non-discriminatory access unless the licensee has consented to the condition. 1998, c. 15, Sched. B, s. 70 (12). Exceptions to non-discriminatory access (12.1) Any condition in the licence of a transmitter or distributor under this Part requiring the provision of non-discriminatory access is subject to the restrictions on connecting and reconnecting specified load facilities in section 28.1 of the Electricity Act, 1998 and in the regulations made under that Act. 2025, c. 22, Sched. 3, s. 7. Conflict (12.2) In the event of a conflict between section 28.1 of the Electricity Act, 1998 or any regulation made under that Act in relation to a matter specified in that section, as applicable, and an order, code or licence issued by the Board, section 28.1 or the regulation, as applicable, prevails. 2025, c. 22, Sched. 3, s. 7. Limitation (13) A licence under this Part shall not require a person to dispose of assets or to undertake a significant corporate reorganization. 1998, c. 15, Sched. B, s. 70 (13). Exclusion (14) Despite subsection (13), a licence under this Part may require a distributor to establish an affiliate through which it shall comply with subsection (9). 1998, c. 15, Sched. B, s. 70 (14); 2015, c. 29, s. 12 (2). Scope (15) This section applies to the exercise of any power under this Act or the Electricity Act, 1998 in relation to a licence referred to in section 57. 1998, c. 15, Sched. B, s. 70 (15). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 7 - 27/06/2002; 2002, c. 23, s. 4 (8) - 30/11/2003 2003, c. 3, s. 47 (1, 2) - 01/08/2003 2004, c. 23, Sched. B, s. 11 (1, 2, 4, 5) - 01/01/2005; 2004, c. 23, Sched. B, s. 11 (3) - 20/12/2004 2009, c. 12, Sched. D, s. 10 - 09/09/2009 2010, c. 8, s. 38 (10, 11) - 01/01/2011; 2010, c. 26, Sched. 13, s. 17 (2) - 01/01/2011 2014, c. 7, Sched. 23, s. 5 - 01/01/2015 2015, c. 29, s. 12 (1, 2) - 04/03/2016 2016, c. 10, Sched. 2, s. 15 - 01/07/2016; 2016, c. 19, s. 17 (2) - 01/01/2017 2017, c. 1, s. 2 - 22/02/2017; 2017, c. 16, Sched. 1, s. 44 (1, 2) - 01/06/2017; 2017, c. 34, Sched. 31, s. 1 - 14/12/2017 2019, c. 6, Sched. 3, s. 12 (1, 2) - 01/11/2019 2020, c. 34, Sched. 14, s. 2 - 08/12/2020 2021, c. 25, Sched. 19, s. 1 - 03/06/2021 2025, c. 22, Sched. 3, s. 7 - 11/12/2025 Codes that may be incorporated as licence conditions 70.1 (1) The chief executive officer may issue codes that, with such modifications or exemptions as may be specified by the Board under section 70, may be incorporated by reference as conditions of a licence under that section. 2003, c. 3, s. 48; 2019, c. 6, Sched. 2, s. 20 (1). (2) Repealed: 2019, c. 6, Sched. 2, s. 20 (2). Approval, etc., of Board (3) A code issued under this section may provide that an approval, consent or determination of the Board is required, with or without a hearing, for any of the matters provided for in the code. 2003, c. 3, s. 48. Incorporation of standards, etc. (4) A code issued under this section may incorporate by reference, in whole or in part, any standard, procedure or guideline. 2003, c. 3, s. 48. Scope (5) A code may be general or particular in its application and may be limited as to time or place or both. 2003, c. 3, s. 48. Legislation Act, 2006, Part III (6) Part III (Regulations) of the Legislation Act, 2006 does not apply to a code issued under this section. 2003, c. 3, s. 48; 2006, c. 21, Sched. F, s. 136 (1). Transition (7) The following documents issued by the Board, as they read immediately before this section came into force, shall be deemed to be codes issued under this section and the chief executive officer may change or amend the codes in accordance with this section and sections 70.2 and 70.3: 1. The Affiliate Relationships Code for Electricity Transmitters and Distributors. 2. The Distribution System Code. 3. The Electricity Retailer Code of Conduct. 4. The Retail Settlement Code. 5. The Transmission System Code. 6. Such other documents as are prescribed by the regulations. 2003, c. 3, s. 48; 2019, c. 6, Sched. 2, s. 20 (4). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 48 - 01/08/2003 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2019, c. 6, Sched. 2, s. 20 (1, 2, 4) - 01/10/2020; 2019, c. 6, Sched. 2, s. 20 (3) - no effect - see 2024, c. 26, Sched. 2, s. 3 - 04/12/2024 Proposed codes, notice and content 70.2 (1) The chief executive officer shall ensure that notice of every code he or she proposes to issue under section 70.1 is given in the manner and to the persons that the chief executive officer considers appropriate. 2019, c. 6, Sched. 2, s. 21 (1). Content of notice (2) The notice must include, (a) the proposed code or a summary of the proposed code; (b) a concise statement of the purpose of the proposed code; (c) an invitation to make written representations with respect to the proposed code; (d) the time limit for making written representations; (e) if a summary is provided, information about how the entire text of the proposed code may be obtained; and (f) a description of the anticipated costs and benefits of the proposed code. 2003, c. 3, s. 48. Opportunity for comment (3) On giving notice under subsection (1), the chief executive officer shall give a reasonable opportunity to interested persons to make written representations with respect to the proposed code within such reasonable period as the chief executive officer considers appropriate. 2019, c. 6, Sched. 2, s. 21 (2). Exceptions to notice requirement (4) Notice under subsection (1) is not required if what is proposed is an amendment that does not materially change an existing code. 2003, c. 3, s. 48. Notice of changes (5) If, after considering the submissions, the chief executive officer proposes material changes to the proposed code, the chief executive officer shall ensure notice of the proposed changes is given in such manner and to such persons as the chief executive officer may determine. 2019, c. 6, Sched. 2, s. 21 (2). Content of notice (6) The notice must include, (a) the proposed code with the changes incorporated or a summary of the proposed changes;

(b) a concise statement of the purpose of the changes; (c) an invitation to make written representations with respect to the proposed code; (d) the time limit for making written representations; (e) if a summary is provided, information about how the entire text of the proposed code may be obtained; and (f) a description of the anticipated costs and benefits of the proposed code. 2003, c. 3, s. 48. Representations re changes (7) On giving notice of changes, the chief executive officer shall give a reasonable opportunity to interested persons to make written representations with respect to the changes within such reasonable period as the chief executive officer considers appropriate. 2019, c. 6, Sched. 2, s. 21 (2). Issuing the code (8) If notice under this section is required, the chief executive officer may issue the code only at the end of this process and after considering all representations made as a result of that process. 2019, c. 6, Sched. 2, s. 21 (2). Public inspection (9) The chief executive officer must make the proposed code and the written representations made under this section available for public inspection during normal business hours at the offices of the Board. 2003, c. 3, s. 48; 2019, c. 6, Sched. 2, s. 21 (3). Amendment of code (10) In this section, a code includes an amendment to a code and a revocation of a code. 2003, c. 3, s. 48. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 48 - 01/08/2003 2019, c. 6, Sched. 2, s. 21 (1-3) - 01/10/2020 Effective date and gazette publication 70.3 (1) A code issued under section 70.1 comes into force on the day specified in the code. 2003, c. 3, s. 48. Publication (2) The Board shall publish every code that comes into force in The Ontario Gazette as soon after the code is issued as practicable. 2003, c. 3, s. 48. Effect of non-publication (3) A code that is not published is not effective against a person who has not had actual notice of it. 2003, c. 3, s. 48. Effect of publication (4) Publication of a code in The Ontario Gazette, (a) is, in the absence of evidence to the contrary, proof of its text and of its issuance; and (b) shall be deemed to be notice of its contents to every person subject to it or affected by it. 2003, c. 3, s. 48. Judicial notice (5) If a code is published in The Ontario Gazette, judicial notice shall be taken of it, of its content and of its publication. 2003, c. 3, s. 48. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 48 - 01/08/2003 Regulations, deemed amendments to certain codes 70.4 (1) The Lieutenant Governor in Council may make regulations specifying amendments to the Distribution System Code and the Transmission System Code for the purposes of this section with respect to any of the following matters: 1. Obligations between distributors or transmitters and their customers in respect of cost allocation and cost recovery relating to the construction, expansion or reinforcement of distribution systems or transmission systems, or of connections to those systems. 2. Provisions that must be included in an agreement that is entered into by a distributor or transmitter and a customer that pertains to cost allocation and cost recovery relating to the connection of a customer to the distributor’s distribution system or the transmitter’s transmission system, as the case may be. 3. Any matter ancillary or consequential to a matter referred to in paragraph 1 or 2. 2024, c. 26, Sched. 2, s. 2. Same (2) A regulation made under subsection (1) may be general or particular in respect of its application. 2024, c. 26, Sched. 2, s. 2. Same (3) Nothing in subsection (1) or (2) gives the Lieutenant Governor in Council authority to specify an amendment in respect of the Distribution System Code or the Transmission System Code that the chief executive officer is not authorized to include in a code issued under section 70.1. 2024, c. 26, Sched. 2, s. 2. Deemed amendments (4) The amendments that a regulation made under subsection (1) specifies in respect of the Distribution System Code or the Transmission System Code are deemed to have been issued under section 70.1 in accordance with section 70.2. 2024, c. 26, Sched. 2, s. 2. Publication, etc. (5) Despite subsection (4), section 70.3 does not apply with respect to amendments specified by a regulation made under subsection (1). 2024, c. 26, Sched. 2, s. 2. Updating (6) The chief executive officer shall take steps to ensure that amendments specified by a regulation made under subsection (1) are promptly consolidated into the applicable Code. 2024, c. 26, Sched. 2, s. 2. Restriction on Board modifications (7) Despite subsection (4) and sections 70 and 70.1, the Board may not specify modifications to or exemptions from an amendment specified by a regulation made under subsection (1). 2024, c. 26, Sched. 2, s. 2. Restriction on amending, etc. (8) Despite subsection (4) and section 70.1, the chief executive officer may not issue a code that would amend, revoke or conflict with an amendment specified by a regulation made under subsection (1). 2024, c. 26, Sched. 2, s. 2. Effect of revocation (9) Subsections (7) and (8) cease to apply with respect to an amendment specified by a regulation made under subsection (1) if the regulation is revoked. 2024, c. 26, Sched. 2, s. 2. Not a regulation (10) For greater certainty, nothing in this section affects the application of subsection 70.1 (6). 2024, c. 26, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2024, c. 26, Sched. 2, s. 2 - 04/12/2024 Regulations, exemptions from certain codes 70.5 (1) The Lieutenant Governor in Council may make regulations, (a) exempting any person or thing, or any class of person or thing, from the application of any provision of the Distribution System Code or the Transmission System Code that, (i) pertains to cost allocation or cost recovery, or (ii) is ancillary or consequential to a provision of the Code that pertains to cost allocation or cost recovery; (b) providing for conditions or restrictions of an exemption under clause (a); (c) in respect of a person or thing that is the subject of an exemption under clause (a), establishing and governing the cost allocation or cost recovery that applies with respect to the person or thing instead of the provision that has been exempted from. 2024, c. 26, Sched. 2, s. 2. Same (2) A regulation made under subsection (1) may be general or particular in respect of its application. 2024, c. 26, Sched. 2, s. 2. Conflict (3) In the event of a conflict between a regulation made under subsection (1) and any other regulation made under this Act, an order of the Board or a code issued under section 70.1, the regulation made under subsection (1) prevails to the extent of the conflict. 2024, c. 26, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 2024, c. 26, Sched. 2, s. 2 - 04/12/2024 Restriction on business activity 71 (1) Except as provided by this section or the regulations, and subject to subsection 70 (9), a transmitter or distributor shall not, except through one or more affiliates, carry on any business activity other than transmitting or distributing electricity. 2004, c. 23, Sched. B, s. 12; 2021, c. 2, Sched. 2, s. 4 (1). Exception (2) Subject to section 80 and such rules as may be prescribed by the regulations, a transmitter or distributor may provide services in accordance with section 29.1 of the Electricity Act, 1998 that would assist the Government of Ontario in achieving its goals in electricity conservation, including services related to, (a) the promotion of electricity conservation and the efficient use of electricity; (b) electricity load management; or (c) the promotion of cleaner energy sources, including alternative energy sources and renewable energy sources. 2004, c. 23, Sched. B, s. 12. Exception (3) A distributor may own and operate, (a) a renewable energy generation facility that does not exceed 10 megawatts or such other capacity as may be prescribed by regulation and that meets any criteria that may be prescribed by the regulations; (b) a generation facility that uses technology that produces power and thermal energy from a single source and that meets any criteria that may be prescribed by the regulations; or (c) a facility that is an energy storage facility and that meets any criteria that may be prescribed by the regulations. 2009, c. 12, Sched. D, s. 11; 2011, c. 1, Sched. 4, s. 1; 2021, c. 2, Sched. 2, s. 4 (2). Exception in special circumstances (4) The Board may, if in its opinion special circumstances of a particular case so require, authorize a transmitter or distributor to carry on a business activity other than transmitting or distributing electricity other than through one or more affiliates, in accordance with an order of the Board. 2015, c. 29, s. 13; 2021, c. 2, Sched. 2, s. 4 (3). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 12 - 01/01/2005 2009, c. 12, Sched. D, s. 11 - 09/09/2009 2011, c. 1, Sched. 4, s. 1 - 30/03/2011 2015, c. 29, s. 13 - 04/03/2016 2021, c. 2, Sched. 2, s. 4 (1-3) - 12/04/2021 Separate accounts 72 Every distributor shall keep its financial records associated with distributing electricity separate from its financial records associated with other activities. 1998, c. 15, Sched. B, s. 72. Procurement restrictions 73 (1) In this section, “licensee” means the holder of a licence under this Part, other than the IESO or Ontario Power Generation Inc. 2025, c. 4, Sched. 6, s. 2. Same (2) No licensee that is prescribed by the regulations shall procure a good or service that meets the conditions prescribed by the regulations respecting, (a) its country, region or territory of origin, as determined in the regulations; or (b) the country, region or territory of origin of the person or entity that is, or that beneficially owns or controls, a supplier of the good or service, as determined in the regulations. 2025, c. 22, Sched. 3, s. 12 (5). Same, subsidiaries (3) No licensee subsidiary that is prescribed by the regulations shall procure a good or service that meets the conditions prescribed by the regulations respecting, (a) its country, region or territory of origin, as determined in the regulations; or (b) the country, region or territory of origin of the person or entity that is, or that beneficially owns or controls, a supplier of the good or service, as determined in the regulations. 2025, c. 22, Sched. 3, s. 12 (5). Origin (3.1) For the purposes of subsections (2) and (3), (a) country, region or territory of origin of a person or entity may be determined by reference to any relevant factor including, as applicable, (i) where a person is ordinarily resident, (ii) where a head office or other office is located, (iii) jurisdiction of incorporation, (iv) the number or proportion of employees of the person or entity that are located in a country, region or territory, (v) the jurisdiction of the laws to which the person or entity is subject, or (vi) where the person or entity’s business activities, as they relate to the provision of the good or service, are carried on; and (b) a regulation may set out, for its own purposes, how beneficial ownership or control is to be determined. 2025, c. 22, Sched. 3, s. 12 (5). Application (4) Subsection (2) or (3) applies with respect to a procurement only if, on the day a regulation made for the purposes of that subsection begins to apply, (a) the final version of the request for proposal or any other document that would give rise to the procurement has not yet been issued, in the case of a competitive procurement; or (b) in the case of a procurement that is not a competitive procurement, the parties have not entered into a final contract in respect of the procurement. 2025, c. 4, Sched. 6, s. 2. Non-application, Discriminatory Business Practices Act (5) The Discriminatory Business Practices Act does not apply to anything done or not done in accordance with a regulation made for the purposes of subsection (2) or (3). 2025, c. 4, Sched. 6, s. 2. Deferral or variance accounts (6) A licensee that is prescribed for the purposes of subsection (2) and for which rates are approved or fixed by the Board under section 78 may establish a deferral or variance account that records, (a) the costs incurred by the licensee as a result of complying with the subsection; and (b) the interest costs incurred on the principal balance of the account, as the Board may direct. 2025, c. 22, Sched. 3, s. 12 (6). Same (7) The Board shall, from time to time or as prescribed by the regulations, make an order under section 78 that determines whether and how amounts recorded in an account referred to in subsection (6) shall be reflected in rates approved or fixed under that section, subject to any requirements prescribed by the regulations. 2025, c. 22, Sched. 3, s. 12 (6). Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (9) - 09/12/2002 2015, c. 29, s. 14 - 04/03/2016 2025, c. 4, Sched. 6, s. 2 - 05/06/2025; 2025, c. 22, Sched. 3, s. 12 (5, 6) - 11/12/2025 Amendment of licence 74 (1) The Board may, on the application of any person, amend a licence if it considers the amendment to be, (a) necessary to implement a directive issued under this Act; or (b) in the public interest, having regard to the objectives of the Board and the purposes of the Electricity Act, 1998. 2004, c. 23, Sched. B, s. 13. Further power to amend (2) In addition to its power to amend a licence under subsection (1), the Board may amend a licence under section 38 of the Electricity Act, 1998. 2004, c. 23, Sched. B, s. 13. Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (10) - 09/12/2002 2004, c. 23, Sched. B, s. 13 - 01/01/2005 75 Repealed: 2003, c. 3, s. 49. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 49 - 01/08/2003 76 Repealed: 2003, c. 3, s. 50. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (5) - 06/12/2000 2003, c. 3, s. 50 - 01/08/2003 Suspension or revocation, Board consideration 77 (1)-(4) Repealed: 2003, c. 3, s. 51 (1). Cancellation of licence (5) The Board may cancel a licence upon the request in writing of the licence holder. 1998, c. 15, Sched. B, s. 77 (5); 2003, c. 3, s. 51 (2). (6) Repealed: 2000, c. 26, Sched. D, s. 2 (6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (6) - 06/12/2000 2003, c. 3, s. 51 (1, 2) - 01/08/2003 Orders by Board, electricity rates Order re: transmission of electricity 78 (1) No transmitter shall charge for the transmission of electricity except in accordance with an order of the Board, which is not bound by the terms of any contract. 2000, c. 26, Sched. D, s. 2 (7). Order re: distribution of electricity (2) No distributor shall charge for the distribution of electricity or for meeting its obligations under section 29 of the Electricity Act, 1998 except in accordance with an order of the Board, which is not bound by the terms of any contract. 2000, c. 26, Sched. D, s. 2 (7). Order re the Smart Metering Entity (2.1) The Smart Metering Entity shall not charge for meeting its obligations under Part IV.2 of the Electricity Act, 1998 except in accordance with an order of the Board, which is not bound by the terms of any contract. 2006, c. 3, Sched. C, s. 5 (1). (2.3) Repealed: 2019, c. 4, Sched. 4, s. 1 (1). Rates (3) The Board may make orders approving or fixing just and reasonable rates for the transmitting or distributing of electricity, unit smart metering or such other activity as may be prescribed and for the retailing of electricity in order to meet a distributor’s obligations under section 29 of the Electricity Act, 1998. 2009, c. 12, Sched. D, s. 12 (1); 2010, c. 8, s. 38 (14); 2019, c. 4, Sched. 4, s. 1 (2). Rates (3.0.1) The Board may make orders approving or fixing just and reasonable rates for the Smart Metering Entity in order for it to meet its obligations under this Act or under Part IV.2 of the Electricity Act, 1998. 2006, c. 3, Sched. C, s. 5 (1). Orders re deferral or variance accounts (3.0.2) The Board may make orders permitting the Smart Metering Entity or distributors to establish one or more deferral or variance accounts related to costs associated with the smart metering initiative, in the circumstances prescribed in the regulations. 2006, c. 3, Sched. C, s. 5 (1). Orders re recovery of smart metering initiative costs (3.0.3) The Board may make orders relating to the ability of the Smart Metering Entity, distributors, retailers and other persons to recover costs associated with the smart metering initiative, in the situations or circumstances prescribed by regulation and the orders may require them to meet such conditions or requirements as may be prescribed, including providing for the time over which costs may be recovered. 2006, c. 3, Sched. C, s. 5 (1). Orders re deferral or variance accounts, s. 27.2 (3.0.4) The Board may make orders permitting the IESO, distributors or other licensees to establish one or more deferral or variance accounts related to costs associated with complying with a directive issued under section 27.2. 2009, c. 12, Sched. D, s. 12 (2); 2014, c. 7, Sched. 23, s. 6 (1). Methods re incentives or recovery of costs (3.0.5) The Board may, in approving or fixing just and reasonable rates or in exercising the power set out in clause 70 (2) (e), adopt methods that provide, (a) incentives to a transmitter or a distributor in relation to the siting, design and construction of an expansion, reinforcement or other upgrade to the transmitter’s transmission system or the distributor’s distribution system; or (b) for the recovery of costs incurred or to be incurred by a transmitter or distributor in relation to the activities referred to in clause (a). 2009, c. 12, Sched. D, s. 12 (2). Annual rate plan and separate rates for situations prescribed by regulation (3.1) The Board shall, in accordance with rules prescribed by the regulations, approve or fix separate rates for the retailing of electricity, (a) to such different classes of consumers as may be prescribed by the regulations; and (b) for such different situations as may be prescribed by the regulations. 2004, c. 23, Sched. B, s. 14 (1). Same (3.2) The first rates approved or fixed by the Board under subsection (3.1) shall remain in effect for not less than 12 months and the Board shall approve or fix separate rates under subsection (3.1) after that time for periods of not more than 12 months each or for such shorter time periods as the Minister may direct. 2004, c. 23, Sched. B, s. 14 (1). Rates to reflect cost of electricity (3.3) In approving or fixing rates under subsection (3.1), (a) the Board shall forecast the cost of electricity to be consumed by the consumers to whom the rates apply, taking into consideration the adjustments required under section 25.33 of the Electricity Act, 1998 and shall ensure that the rates reflect these costs; and (b) the Board shall take into account balances in the IESO’s variance accounts established under section 25.33 of the Electricity Act, 1998 and shall make adjustments with a view to eliminating those balances within 12 months or such shorter time periods as the Minister may direct. 2004, c. 23, Sched. B, s. 14 (1); 2014, c. 7, Sched. 23, s. 6 (2). Forecasting cost of electricity (3.4) In forecasting the cost of electricity for the purposes of subsection (3.3), the Board shall have regard to such matters as may be prescribed by the regulations. 2004, c. 23, Sched. B, s. 14 (1). Imposition of conditions on consumer who enters into retail contract (3.5) A consumer who enters into or renews a retail contract for electricity after the day he or she becomes subject to a rate approved or fixed under subsection (3.1) is subject to such conditions as may be determined by the Board. 2004, c. 23, Sched. B, 14 (1). Rates (4) The Board may make an order under subsection (3) with respect to the retailing of electricity in order to meet a distributor’s obligations under section 29 of the Electricity Act, 1998 even if the distributor is meeting its obligations through an affiliate or through another person with whom the distributor or an affiliate of the distributor has a contract. 1998, c. 15, Sched. B, s. 78 (4). Same, certain payments of transmitters and distributors (5) In approving or fixing just and reasonable rates for the transmission or distribution of electricity, the Board shall not include any of the following amounts: 1. Any penalties or fines a transmitter or distributor is required to pay under an Act, except as otherwise provided by the regulations. 2. Any other amounts or classes of amounts a transmitter or distributor is required to pay that are prescribed by the regulations made by the Minister under subsection 88 (2.3). 2023, c. 9, Sched. 24, s. 5. (5.0.0.1) Repealed: 2023, c. 9, Sched. 24, s. 5. Same, obligations under s. 29 of Electricity Act, 1998 (5.0.1) In approving or fixing just and reasonable rates for the retailing of electricity in order to meet a distributor’s obligations under section 29 of the Electricity Act, 1998, the Board shall comply with the regulations made under clause 88 (1) (g.5). 2003, c. 8, s. 1. Same, Hydro One executive compensation (5.0.2) In approving or fixing just and reasonable rates for Hydro One Limited or any of its subsidiaries, the Board shall not include any amount in respect of compensation paid to the Chief Executive Officer and executives, within the meaning of the Hydro One Accountability Act, 2018, of Hydro One Limited. 2018, c. 10, Sched. 1, s. 10. Same, Hydro One Inc. and subsidiaries (5.1) In approving or fixing just and reasonable rates for Hydro One Inc. or a subsidiary of Hydro One Inc., the Board shall apply a method or technique prescribed by regulation for the calculation and treatment of transfers made by Hydro One Inc. or its subsidiary, as the case may be, that are authorized by section 50.1 of the Electricity Act, 1998. 2002, c. 1, Sched. B, s. 8; 2003, c. 3, s. 52 (2). Same, statutory right to use corridor land (5.2) In approving or fixing just and reasonable rates for a transmitter who has a statutory right to use corridor land (as defined in section 114.1 of the Electricity Act, 1998), the Board shall apply a method or technique prescribed by regulation for the treatment of the statutory right. 2002, c. 1, Sched. B, s. 8; 2003, c. 3, s. 52 (3). Same, amounts payable to transmitters under procurement contracts (5.3) In approving or fixing just and reasonable rates for the transmitting of electricity for a transmitter who is a party to a procurement contract entered into under clause 25.32 (2) (d) of the Electricity Act, 1998, the Board shall apply a method that provides for the recovery of amounts paid or to be paid to the transmitter under the procurement contract. 2019, c. 6, Sched. 1, s. 6. Same, transmission procurement contract costs (5.4) In approving or fixing just and reasonable rates for the transmitting of electricity for a period, the Board shall include the amounts referred to in subsection (5.3) that apply with respect to that period. 2019, c. 6, Sched. 1, s. 6. Information (5.5) The IESO shall, for the purposes of subsections (5.3) and (5.4), provide to the Board such information respecting amounts paid or to be paid to transmitters who are a party to a procurement contract entered into under clause 25.32 (2) (d) of the Electricity Act, 1998 as the Board may require. 2019, c. 6, Sched. 1, s. 6. Conditions, etc. (6) An order under this section may include conditions, classifications or practices, including rules respecting the calculation of rates, applicable, (a) to the Smart Metering Entity in respect of meeting its obligations; (b) to an activity prescribed for the purposes of subsection (3); and (c) to the transmission, distribution or retailing of electricity or unit smart metering. 2009, c. 12, Sched. D, s. 12 (3); 2010, c. 8, s. 38 (16); 2019, c. 4, Sched. 4, s. 1 (4). Deferral or variance accounts (6.1) If a distributor has a deferral or variance account that relates to the commodity of electricity, the Board shall, from time to time, or as prescribed by the regulations, make an order under this section that determines whether and how amounts recorded in the account shall be reflected in rates. 2017, c. 2, Sched. 10, s. 2 (4). Same (6.2) If a distributor has a deferral or variance account that does not relate to the commodity of electricity, the Board shall, from time to time, or as prescribed by the regulations, make an order under this section that determines whether and how amounts recorded in the account shall be reflected in rates. 2017, c. 2, Sched. 10, s. 2 (4). Same (6.3) An order that determines whether and how amounts recorded in a deferral or variance account shall be reflected in rates shall be made in accordance with the regulations. 2003, c. 3, s. 52 (4). Same (6.4) If an order that determines whether and how amounts recorded in a deferral or variance account shall be reflected in rates is made after the time required by subsection (6.1) or (6.2) and the delay is due in whole or in part to the conduct of a distributor, the Board may reduce the amount that is reflected in rates. 2003, c. 3, s. 52 (4). Same (6.5) If an amount recorded in a deferral or variance account of a distributor is reflected in rates, the Board shall consider the appropriate number of billing periods over which the amount shall be divided in order to mitigate the impact on consumers. 2003, c. 3, s. 52 (4). (6.6) Repealed: 2021, c. 2, Sched. 2, s. 5 (2). Fixing other rates (7) Upon an application for an order approving or fixing rates, the Board may, if it is not satisfied that the rates applied for are just and reasonable, fix such other rates as it finds to be just and reasonable. 1998, c. 15, Sched. B, s. 78 (7). Burden of proof (8) Subject to subsection (9), in an application made under this section, the burden of proof is on the applicant. 1998, c. 15, Sched. B, s. 78 (8). Order (9) If the Board of its own motion, or upon the request of the Minister, commences a proceeding to determine whether any of the rates that the Board may approve or fix under this section are just and reasonable, the Board shall make an order under subsection (3) and the burden of establishing that the rates are just and reasonable is on the transmitter or distributor, as the case may be. 2010, c. 8, s. 38 (17); 2019, c. 4, Sched. 4, s. 1 (5). Note: On the day subsection 38 (15) of the Energy Consumer Protection Act, 2010 comes into force, subsection 78 (9) of the Act is amended by striking out “the transmitter or distributor” and substituting “the transmitter, distributor or unit smart meter provider”. (See: 2019, c. 4, Sched. 4, s. 1 (6)) Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (7) - 06/12/2000 2002, c. 1, Sched. B, s. 8 - 27/06/2002 2003, c. 3, s. 52 (1-4) - 01/08/2003; 2003, c. 8, s. 1 - 01/04/2004 2004, c. 23, Sched. B, s. 14 (1, 2) - 01/01/2005 2006, c. 3, Sched. C, s. 5 (1) - 03/05/2006 2009, c. 12, Sched. D, s. 12 (1-3) - 09/09/2009 2010, c. 8, s. 38 (13, 14, 16, 17) - 01/04/2018; 2010, c. 8, s. 38 (12, 15) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020 2014, c. 7, Sched. 23, s. 6 (1, 2) - 01/01/2015 2017, c. 2, Sched. 10, s. 2 (4) - 22/03/2017 2018, c. 10, Sched. 1, s. 10 - 15/08/2018 2019, c. 4, Sched. 4, s. 1 (1, 2, 4, 5) - 03/04/2019; 2019, c. 4, Sched. 4, s. 1 (3) - no effect - see 2010, c. 8, s. 38 (15) - 31/12/2020; 2019, c. 4, Sched. 4, s. 1 (6) - not in force; 2019, c. 6, Sched. 1, s. 6 - 09/05/2019 2020, c. 12, s. 85 (2) - 08/07/2020 2021, c. 2, Sched. 2, s. 5 (1, 2) - 12/04/2021 2023, c. 9, Sched. 24, s. 5 - 08/06/2023 Payments to prescribed generator 78.1 (1) The IESO shall make payments to a generator prescribed by the regulations with respect to output that is generated by a unit at a generation facility prescribed by the regulations. 2014, c. 7, Sched. 23, s. 7. Payment amount (2) Each payment referred to in subsection (1) shall be the amount determined in accordance with the order of the Board then in effect. 2014, c. 7, Sched. 23, s. 7. Same, limitation re Ontario Power Generation Inc. (3) The determination of a payment to Ontario Power Generation Inc. under this section shall not include any consideration of amounts related to activities of Ontario Power Generation Inc. carried out in relation to the Ontario Fair Hydro Plan Act, 2017. 2017, c. 16, Sched. 1, s. 44 (3). Same (3.1) The amounts referred to in subsection (3) include, without limitation, the following: 1. Amounts related to the appointment of Ontario Power Generation Inc. as the Financial Services Manager under the Ontario Fair Hydro Plan Act, 2017. 2. Amounts related to the charging of fees for performing duties as the Financial Services Manager. 3. Amounts related to exercising the powers and performing the duties of the Financial Services Manager. 4. Amounts related to the consolidation of the assets and liabilities for accounting purposes of the Fair Hydro Trust within the meaning of the Ontario Fair Hydro Plan Act, 2017. 2017, c. 16, Sched. 1, s. 44 (3); 2019, c. 6, Sched. 3, s. 12 (3). Same (3.2) A payment to Ontario Power Generation Inc. under this section shall not include any amounts that may be specified by the regulations relating to its activities under Part II.1 of the Electricity Act, 1998. 2022, c. 23, Sched. 1, s. 5. Board orders (4) The Board shall make an order under this section in accordance with the rules prescribed by the regulations and may include in the order conditions, classifications or practices, including rules respecting the calculation of the amount of the payment. 2004, c. 23, Sched. B, s. 15. Fixing other prices (5) The Board may fix such other payment amounts as it finds to be just and reasonable, (a) on an application for an order under this section, if the Board is not satisfied that the amount applied for is just and reasonable; or (b) at any other time, if the Board is not satisfied that the current payment amount is just and reasonable. 2004, c. 23, Sched. B, s. 15. Burden of proof (6) Subject to subsection (7), the burden of proof is on the applicant in an application made under this section. 2004, c. 23, Sched. B, s. 15. Order (7) If the Board on its own motion or at the request of the Minister commences a proceeding to determine whether an amount that the Board may approve or fix under this section is just and reasonable, (a) the burden of establishing that the amount is just and reasonable is on the generator; and (b) the Board shall make an order approving or fixing an amount that is just and reasonable. 2004, c. 23, Sched. B, s. 15. Application (8) Subsections (4), (5) and (7) apply only on and after the day prescribed by the regulations for the purposes of subsection (2). 2004, c. 23, Sched. B, s. 15. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 15 - 01/01/2005 2014, c. 7, Sched. 23, s. 7 - 01/01/2015 2017, c. 16, Sched. 1, s. 44 (3) - 01/06/2017 2019, c. 6, Sched. 3, s. 12 (3) - 01/11/2019 2022, c. 23, Sched. 1, s. 5 - 15/03/2023 Payments to the Financial Corporation 78.2 (1) The IESO shall make payments to the Financial Corporation with respect to the Financial Corporation’s contracts with generators relating to output generated at generation facilities prescribed by the regulations and the provision of ancillary services at those generation facilities. 2004, c. 23, Sched. B, s. 16. Payment amounts (2) The payments to the Financial Corporation in respect of a contract referred to in subsection (1) shall equal the amounts required to reimburse the Financial Corporation for its indirect costs, as determined under the regulations, and its direct costs under the contract. 2004, c. 23, Sched. B, s. 16. (3) Repealed: 2014, c. 7, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 16 - 01/01/2005 2014, c. 7, Sched. 23, s. 8 - 01/01/2015 Payments to transmitters from public funds 78.3 (1) The Minister may make payments to a transmitter out of money appropriated for the purposes of this section by the Legislature, if any. 2025, c. 22, Sched. 3, s. 8. Rate reduction (2) The Board shall, in approving or fixing just and reasonable rates under section 78 for a transmitter, reduce the rates to reflect amounts paid to the transmitter under subsection (1). 2025, c. 22, Sched. 3, s. 8. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 17 - 01/01/2005 2014, c. 7, Sched. 23, s. 9 - 01/01/2015 2025, c. 22, Sched. 3, s. 8 - 11/12/2025 78.4 Repealed: 2014, c. 7, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 18 - 01/01/2005 2014, c. 7, Sched. 23, s. 9 - 01/01/2015 Payments to distributors under conservation and demand management programs 78.5 (1) The IESO shall make payments to a distributor with respect to amounts approved by the Board for conservation and demand management programs approved by the Board pursuant to a directive issued under section 27.2. 2014, c. 7, Sched. 23, s. 10 (1). Amount and timing of payment (2) The amount and timing of each payment referred to in subsection (1) shall be determined by the Board in accordance with such rules, methods and criteria as may be prescribed by the regulations or mandated by a code issued by the Board or an order of the Board. 2009, c. 12, Sched. D, s. 13. Regulations review (3) A regulation made under subsection (2) may require the Board to undertake its review of the amounts referred to in this section at the time or times prescribed by the regulation. 2009, c. 12, Sched. D, s. 13. (4) Repealed: 2014, c. 7, Sched. 23, s. 10 (2). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 19 - 01/01/2005 2009, c. 12, Sched. D, s. 13 - 09/09/2009 2014, c. 7, Sched. 23, s. 10 (1, 2) - 01/01/2015 Conflict with market rules 78.6 In the event of a conflict, sections 78.1, 78.2 and 78.5 prevail over the market rules to the extent of the conflict. 2009, c. 12, Sched. D, s. 13; 2014, c. 7, Sched. 23, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 13 - 09/09/2009 2014, c. 7, Sched. 23, s. 11 - 01/01/2015 Rural or remote consumers 79 (1) The Board, in approving just and reasonable rates for a distributor who delivers electricity to rural or remote consumers, shall provide rate protection for those consumers or prescribed classes of those consumers by reducing the rates that would otherwise apply in accordance with the prescribed rules. 1998, c. 15, Sched. B, s. 79 (1). Special case (2) In setting rates under subsection (1), the Board shall ensure that the class of rural or remote consumers receiving assistance under section 108 of the Power Corporation Act on the day before this section comes into force shall receive rate protection while they continue to, (a) occupy the same rural residential premises, as defined in section 108 of the Power Corporation Act, as they were occupying on that day; and (b) live in a part of Ontario designated by regulation as a rural or remote area. 1998, c. 15, Sched. B, s. 79 (2). Compensation (3) A distributor is entitled to be compensated for lost revenue resulting from the rate reduction provided under subsection (1). 1998, c. 15, Sched. B, s. 79 (3). Liability (4) All consumers are required, in accordance with the regulations, to contribute towards the amount of any compensation required under subsection (3) that is not otherwise provided under subsection (4.1). 2017, c. 16, Sched. 2, s. 1 (1). Payments for certain classes (4.1) Compensation required under subsection (3) may be provided with respect to one or more prescribed classes of consumers who receive rate protection under this section, in a manner provided for in the regulations. 2017, c. 16, Sched. 2, s. 1 (1). Money appropriated by the Legislature (4.2) The compensation provided for in subsection (4.1) shall be paid for out of the money appropriated for those purposes by the Legislature. 2017, c. 16, Sched. 2, s. 1 (1). Information, etc. (4.3) If provided for in the regulations, the Board, the IESO and distributors, or any of them, shall provide such information and reports to the Ministry of Energy and to one another as are necessary to facilitate the implementation, administration, funding and delivery of the rate protection or of anything else provided for in this section. 2017, c. 16, Sched. 2, s. 1 (1). Limitation (4.4) The compensation to be provided to a distributor and the rate protection to be provided to a consumer under this section are subject to the limitation period provided for in the regulations, if any. 2021, c. 34, Sched. 9, s. 11 (1). Regulations (5) The Lieutenant Governor in Council may make regulations, (a) prescribing the consumers or classes of consumers eligible for rate protection under this section in addition to those described under subsection (2); (b) designating areas in Ontario as rural or remote areas; (c) prescribing rules for the calculation of the amount of the rate reduction; (d) prescribing maximum amounts of the total annual value of rate protection that may be provided under this section; (e) prescribing rules respecting the amounts that must be collected to compensate distributors, taking into account any compensation provided under subsection (4.1), including rules, (i) respecting the calculation of those amounts, (ii) respecting the calculation of any off-set to the liability of consumers under subsection (3) having regard to those amounts, (iii) establishing the time and manner of collection, (iv) requiring the amounts to be paid in instalments and requiring the payment of interest or penalties on late payments, (v) prescribing methods of ensuring that the amounts required cannot be bypassed, and (vi) respecting the distribution of those amounts to consumers; (e.1) prescribing classes of consumers for the purposes of subsection (4.1), and governing how and when the compensation is to be provided with respect to the rate protection provided to them, including, without restricting the generality of the foregoing, requiring the IESO to receive payments or amounts from the Minister of Energy and to make payments to licensed distributors or to prescribed persons and prescribing how and when payments are to be made; (f) respecting the use of money collected in excess of the amount required to compensate distributors; (g) prescribing the powers and duties of the Board in relation to the calculation of amounts to be collected and the time and manner of collection and distribution; (g.1) providing for and governing the limitation period for the purposes of subsection (4.4); (h) respecting any other matter that the Lieutenant Governor in Council considers necessary in relation to the rate protection. 1998, c. 15, Sched. B, s. 79 (5); 2017, c. 16, Sched. 2, s. 1 (2); 2021, c. 34, Sched. 9, s. 11 (2). General or particular (6) A regulation under this section may be general or particular in application and may prescribe different rules for different persons or classes of persons. 1998, c. 15, Sched. B, s. 79 (6). Section Amendments with date in force (d/m/y) 2017, c. 16, Sched. 2, s. 1 (1, 2) - 01/06/2017 2021, c. 34, Sched. 9, s. 11 (1, 2) - 01/01/2022 Cost recovery, connecting generation facilities 79.1 (1) The Board, in approving just and reasonable rates for a distributor that incurs costs to make an eligible investment for the purpose of connecting or enabling the connection of a qualifying generation facility to its distribution system, may provide rate protection for prescribed consumers or classes of consumers in the distributor’s service area by reducing the rates that would otherwise apply in accordance with the prescribed rules. 2009, c. 12, Sched. D, s. 14; 2017, c. 2, Sched. 10, s. 2 (5). Distributor entitled to compensation re lost revenue (2) A distributor is entitled to be compensated for lost revenue resulting from the rate reduction provided under subsection (1) that is associated with costs that have been approved by the Board and incurred by the distributor to make an eligible investment referred to in subsection (1). 2009, c. 12, Sched. D, s. 14. Consumers’ contributions (3) All consumers are required to contribute towards the amount of any compensation required under subsection (2) in accordance with the regulations. 2009, c. 12, Sched. D, s. 14. Limitation (3.1) The rate protection through rate reduction to be provided in respect of a consumer and the compensation to be provided to a distributor under this section are subject to the limitation period provided for in the regulations, if any. 2021, c. 34, Sched. 9, s. 11 (3). Regulations (4) The Lieutenant Governor in Council may make regulations, (a) prescribing consumers or classes of consumers eligible for rate protection under this section; (b) prescribing criteria to be met by a qualifying generation facility; (c) prescribing the criteria to be satisfied for an investment to be an eligible investment; (d) prescribing rules for the calculation of the amount of the rate reduction; (e) prescribing maximum amounts of the total annual value of rate protection that may be provided under this section; (f) prescribing rules respecting the amounts that must be collected to compensate distributors, including rules, (i) respecting the calculation of those amounts, (ii) establishing the time and manner of collection, (iii) requiring the amounts to be paid in instalments and requiring the payment of interest or penalties on late payments, (iv) prescribing methods of ensuring that the amounts required cannot be bypassed, and (v) respecting the distribution of the amounts collected; (g) prescribing the powers and duties of the Board in relation to the calculation of amounts to be collected and the time and manner of collection and distribution; (g.1) providing for and governing the limitation period for the purposes of subsection (3.1); (h) respecting any other matter that the Lieutenant Governor in Council considers necessary for the purposes of this section. 2009, c. 12, Sched. D, s. 14; 2021, c. 34, Sched. 9, s. 11 (4). Definitions (5) In this section, “eligible investment” means an investment in the construction, expansion or reinforcement of a distribution line, transformer, plant or equipment used for conveying electricity at voltages of 50 kilovolts or less that meets the criteria prescribed by regulation; (“investissement admissible”) “qualifying generation facility” means a generation facility that meets the criteria prescribed by regulation. (“installation de production admissible”) 2009, c. 12, Sched. D, s. 14. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.1 (24) - 01/06/2006 2002, c. 23, s. 4 (11) - 09/12/2002 2003, c. 8, s. 2 - 01/04/2004 2004, c. 23, Sched. B, s. 20 - 01/01/2005 2009, c. 12, Sched. D, s. 14 - 09/09/2009 2017, c. 2, Sched. 10, s. 2 (5) - 22/03/2017 2021, c. 34, Sched. 9, s. 11 (3, 4) - 01/01/2022 Rate assistance 79.2 (1) The Minister shall make provision for rate assistance for rate-assisted consumers having regard to their economic circumstances, and where the Minister makes such provision, shall do so out of the money provided for in subsection (4). 2017, c. 16, Sched. 2, s. 2. OESP (2) The program known as the “Ontario Electricity Support Program” in English and “Programme ontarien d’aide relative aux frais d’électricité” in French is continued for the purpose of providing rate assistance to rate-assisted consumers having regard to their economic circumstances. 2017, c. 16, Sched. 2, s. 2. Administered by Board (3) The Ontario Electricity Support Program shall be administered by the Board, or when the regulations so provide, by a Minister of the Crown or other entity provided for in the regulations. 2017, c. 16, Sched. 2, s. 2. Money appropriated by the Legislature (4) The money required for the purposes of the Ontario Electricity Support Program shall be paid out of the money appropriated for those purposes by the Legislature, once the amounts recorded in the variance account referred to in subsection (5) are no longer sufficient to provide for the funding of the program when taken on their own. 2017, c. 16, Sched. 2, s. 2. Variance account (5) The money required for the purposes of the Ontario Electricity Support Program shall be provided out of the credit balance in the variance account maintained by the IESO under the Program as it existed before the coming into force of section 2 of Schedule 2 to the Fair Hydro Act, 2017 until the amounts recorded in the account are no longer sufficient, when taken on their own, to fund the Program. 2017, c. 16, Sched. 2, s. 2. Variance account depleted (6) The IESO shall provide the Ministry of Energy with advance notice, on a timely basis, of the time the IESO estimates that the amounts reflected in the variance account would be less than the amount required to meet its obligations related to funding the Ontario Electricity Support Program for the upcoming month. 2017, c. 16, Sched. 2, s. 2. How provided (7) Rate assistance provided under this section shall be provided with respect to consumers prescribed in the regulations, and shall be provided at the times provided for in the regulations and in the amounts and in the manner provided for in the regulations. 2017, c. 16, Sched. 2, s. 2. Payments with respect to prior use (8) The regulations may require provision of rate assistance to prescribed classes of rate-assisted consumers with respect to electricity consumed during a period prior to the date of the making of the regulation, but no such rate assistance shall be required under the regulations with respect to electricity consumed before January 1, 2016. 2017, c. 16, Sched. 2, s. 2. Transitional (9) The regulations may require the provision of rate assistance for a rate-assisted consumer with respect to a period prior to the date on which the consumer became a rate-assisted consumer if the consumer meets all of the criteria prescribed by the regulations. 2017, c. 16, Sched. 2, s. 2. Distributors, etc. (10) A distributor, a unit sub-meter provider and any other person or entity that may be prescribed is entitled to be compensated from the money referred to in subsection (4) or (5), as the case may be, for any lost revenue resulting from the provision of rate assistance under the Ontario Electricity Support Program. 2017, c. 16, Sched. 2, s. 2. Limitation (10.1) The rate assistance to be provided to a rate-assisted consumer and the compensation to be provided to a distributor, unit sub-meter provider or any person under this section are subject to the limitation period provided for in the regulations, if any. 2021, c. 34, Sched. 9, s. 11 (5). Deemed licence conditions, IESO, settlements, payments, etc. (11) Every licence issued to the IESO, a distributor or unit sub-meter provider or a retailer of electricity shall be deemed to contain conditions requiring the licensee to do anything necessary to implement and administer the provision of rate assistance under this section as may be required by the regulations or the Board, including requirements with respect to, (a) making payments to the IESO, distributors, unit sub-meter providers and other persons and entities identified by the regulations; (b) receiving payments or other amounts from the IESO, distributors, unit sub-meter providers and other persons and entities identified by the Minister; (c) requiring licensees to pass any rate assistance provided for under this section through to rate-assisted consumers in the manner provided for in the regulations; (d) engaging in settlement activities;

(e) providing information to and receiving information from the Ministry of Energy, the Board, the IESO, distributors, unit sub-meter providers, retailers of electricity and any other prescribed persons and entities in the time and in the manner provided for by the Board or as may be prescribed; and (f) entering into agreements or arrangements with licensees and other persons. 2017, c. 16, Sched. 2, s. 2. Information, etc. (12) If provided for in the regulations, the Board, the IESO, distributors, retailers of electricity and unit sub-meter providers, or any of them, shall provide such information and reports to the Ministry of Energy and to one another as are necessary to facilitate the implementation, administration, funding and delivery of rate-assistance or of anything else required under this section. 2017, c. 16, Sched. 2, s. 2. Conflicts, etc. (13) Where any conflict exists between an order of the Board, a code issued by the Board or a licence condition and this section or a regulation made under this section, this section or the regulation made under this section shall prevail to the extent of the conflict. 2017, c. 16, Sched. 2, s. 2. Regulations (14) The Lieutenant Governor in Council may make regulations governing anything dealt with in this section and without limiting the generality of the foregoing, may make regulations, (a) governing anything that is described in this section as being prescribed or as being provided for in the regulations or that is required to be done in accordance with the regulations; (b) governing the time or times at which rate assistance shall be paid or become payable to rate-assisted consumers; (c) governing the determination of classes of consumers who are rate-assisted consumers, including providing for different classes of rate-assisted consumers; (d) requiring that certain costs and expenditures related to the Ontario Electricity Support Program be only incurred with the prior approval of the Minister, and governing those costs and expenditures; (e) establishing rules for the calculation of the amount of the rate assistance to be provided; (f) governing payments under this section, including determining the method or methods of calculating the amount of rate assistance to be provided; (g) setting maximum amounts of the total annual value of rate assistance that may be provided; (h) requiring a distributor, the IESO or a unit sub-meter provider or other prescribed person or entity to make or receive payments in respect of rate assistance, including requiring them to make or receive payments directly to or from the Ministry of Energy or to receive overpayments directly or indirectly from consumers or other persons entitled to receive the rate assistance and prescribing the circumstances in which such payments are to be made and received and such overpayments are to be received as well as methods for determining the amounts payable or to be received; (i) requiring the IESO to receive payments from the Minister and requiring the IESO to make payments to the Board, to licensed distributors, to unit sub-meter providers or to prescribed persons, in respect of the rate assistance provided under this section and governing methods for determining the amounts payable; (j) governing the Board’s or other prescribed entity’s administration and program-related costs in administering the Ontario Electricity Support Program; (j.1) providing for and governing the limitation period for the purposes of subsection (10.1); (k) governing transitional matters arising from the changes made to the Ontario Electricity Support Program as a result of the enactment of the Fair Hydro Act, 2017. 2017, c. 16, Sched. 2, s. 2; 2021, c. 34, Sched. 9, s. 11 (6). Retroactivity (15) A regulation made under this section is, if it so provides, effective with reference to a period before it is filed. 2017, c. 16, Sched. 2, s. 2. General or particular (16) A regulation under this section may be general or particular in application, may provide for different classes of persons and entities and may prescribe different rules for different persons or entities or different classes of persons or entities. 2017, c. 16, Sched. 2, s. 2. Verification of eligibility (17) Section 11 of the Ministry of Revenue Act applies with respect to the Ontario Electricity Support Program as a government assistance program administered by the Board. 2017, c. 16, Sched. 2, s. 2. Definitions (18) In this section, “Government assistance program” has the meaning provided for in subsection 11 (2) of the Ministry of Revenue Act; (“programme d’aide gouvernementale”) “rate-assisted consumer” means a consumer referred to in subsection (7). (“consommateur admissible à l’aide tarifaire”) 2017, c. 16, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.2 (5) - 01/06/2006 2002, c. 23, s. 4 (11) - 09/12/2002 2004, c. 23, Sched. B, s. 21 - 01/01/2005 2003, c. 8, s. 3 - 01/04/2004 2015, c. 20, Sched. 31, s. 1 - 04/06/2015 2017, c. 16, Sched. 2, s. 2 - 15/02/2018 2021, c. 34, Sched. 9, s. 11 (5, 6) - 01/01/2022 Confidentiality, information sharing, etc. 79.2.1 (1) For the purposes of section 79.2, the Board or the Minister or entity having responsibility for administering the Ontario Electricity Support Program may enter into an agreement with the Minister of Community and Social Services to provide the services to the public listed in subsection (2) on behalf of the Board, Minister or the entity, as the case may be, in relation to the administration of the Ontario Electricity Support Program. 2017, c. 16, Sched. 2, s. 3. Agreement, etc. (2) The services that may be included in an agreement referred to in subsection (1) are the following: 1. Providing documents and information about the Ontario Electricity Support Program. 2. Processing applications for the Ontario Electricity Support Program. 2017, c. 16, Sched. 2, s. 3. Arrangements with others (3) The Minister of Community and Social Services may arrange with another person or entity to provide, on behalf of that Minister, services that that Minister is authorized to provide under an agreement referred to in subsection (1). 2017, c. 16, Sched. 2, s. 3. Personal information (4) The Minister of Community and Social Services is authorized to collect, use, disclose and retain personal information necessary to provide the services authorized by an agreement referred to in subsection (1), but shall not collect, use, disclose or retain more personal information than is reasonably necessary to provide the services. 2017, c. 16, Sched. 2, s. 3. Limitation (5) Except where otherwise authorized under subsection (7), the Minister of Community and Social Services shall not collect, use, disclose or retain personal information provided for in subsection (4) without the consent of the individual to whom the information relates. 2017, c. 16, Sched. 2, s. 3. Duty to transfer personal information (6) The Minister of Community and Social Services shall transfer an individual’s personal information provided for in subsection (4) into the control of the Board, Minister or entity responsible for administering the Ontario Electricity Support Program promptly after processing an application for the Ontario Electricity Support Program, but may retain such personal information as is reasonably necessary to confirm that an individual has been provided a service. 2017, c. 16, Sched. 2, s. 3. Use of personal information, etc. (7) The Minister of Community and Social Services may use personal information maintained by that Minister in connection with the administration of the Ontario Disability Support Program and the program established pursuant to the Ontario Works Act, 1997, for the purpose of identifying and contacting individuals eligible for the rate assistance provided under the Ontario Electricity Support Program, and to provide services authorized under an agreement referred to in subsection (1). 2017, c. 16, Sched. 2, s. 3. Deemed compliance (8) The use of personal information as allowed by subsection (7) is deemed to comply with section 41 of the Freedom of Information and Protection of Privacy Act. 2017, c. 16, Sched. 2, s. 3. Disclosure of list (9) In order to assist the Minister of Community and Social Services to identify individuals eligible for rate assistance, the Board or the Minister or entity having responsibility for administering the Ontario Electricity Support Program shall, as soon as practicable after the coming into force of this section, disclose to the Minister of Community and Social Services a list of individuals who are enrolled in the Ontario Electricity Support Program, together with their mailing address and other contact information. 2017, c. 16, Sched. 2, s. 3. Use of list (10) The Minister of Community and Social Services may use the information on the list provided under subsection (9) to determine whether an individual who is currently enrolled in the Ontario Disability Support Program or the program established under the Ontario Works Act, 1997 is also enrolled in the Ontario Electricity Support Program. 2017, c. 16, Sched. 2, s. 3. Destruction of list (11) The Minister of Community and Social Services shall destroy the list provided under subsection (9) no later than one year after receiving the list. 2017, c. 16, Sched. 2, s. 3. Notification about the management of personal information (12) The Minister of Community and Social Services shall ensure that a notice is published on a website describing, (a) the purpose for which that Minister collects, uses, discloses and retains personal information in connection with the Ontario Electricity Support Program; (b) the types of personal information that may be collected, used, disclosed and retained in connection with the Ontario Electricity Support Program, and the circumstances in which the personal information may be collected, used, disclosed and retained in connection with that Program; and (c) the title, and contact information, including an email address, of an employee who can answer an individual’s questions about the use of the personal information under this section. 2017, c. 16, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 16, Sched. 2, s. 3 - 01/06/2017 Distribution rate-protected residential consumers 79.3 (1) The Minister shall provide for distribution rate protection to distribution rate-protected residential consumers having regard to the costs of the distribution of electricity to such consumers with respect to electricity consumed on or after the date prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Money appropriated by the Legislature (2) The money required for the purposes of the provision of distribution rate protection under this section shall be paid out of the money appropriated for those purposes by the Legislature. 2017, c. 16, Sched. 2, s. 4. Maximum charge (3) Despite any order of the Board, or anything else under this Act, where the regulations so provide, a prescribed distributor who distributes electricity to distribution rate-protected residential consumers shall not charge those consumers, or a prescribed class of those consumers, any amount for monthly base distribution charges more than, (a) the maximum amount for the charge that is provided for in the regulations; or (b) the amount determined by the Board after applying any calculations, processes or methods provided for in the regulations. 2017, c. 16, Sched. 2, s. 4. Distributors (4) A distributor who is prescribed under this section is entitled to be compensated from the money referred to in subsection (2) for lost revenue resulting from the provision of the distribution rate protection to distribution rate-protected residential consumers under this section. 2017, c. 16, Sched. 2, s. 4. Information, etc. (5) If provided for in the regulations, the Board, the IESO and distributors, or any of them shall provide such information and reports to the Ministry of Energy and to one another as are necessary to facilitate the implementation, administration, funding and delivery of distribution rate protection or of anything else required under this section. 2017, c. 16, Sched. 2, s. 4. Limitation periods for distribution rate protection, consumer (6) Despite any past entitlement of a consumer who is eligible to distribution rate protection under this section, no distribution rate protection is payable to a consumer after a limitation period prescribed by the regulations in respect of the consumer, other than in such circumstances as may be prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Limitation, reimbursement of distributor, etc. (7) Despite any requirement under this Act to reimburse a prescribed distributor or other person for distribution rate protection provided by them to distribution rate-protected residential consumers under this section, no amounts for reimbursement are payable to the prescribed distributor or other person after a limitation period prescribed by the regulations in respect of the prescribed distributor or other person, where such reimbursement is based on a consumer’s past entitlement under this section which has not yet been paid or reimbursed under this section, other than in such circumstances as may be prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Transitional (8) If, for technical or operational reasons, a distributor referred to in subsection (3) is unable to adapt its invoices to comply with this section and the regulations by the time it issues its first invoice for electricity consumed after the prescribed date in respect of an account of a consumer who is eligible for distribution rate protection under this section, (a) the distributor shall adapt its invoices as soon as possible and, in any event, no later than a date prescribed in the regulations; and (b) consumers continue to be entitled to receive the distribution rate protection to which they are entitled under this Act and may receive it as a lump sum credit on the invoice for the first billing period after the invoices have been adapted or by such other means as may be prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Regulations (9) The Lieutenant Governor in Council may make regulations, (a) prescribing consumers or classes of consumers as distribution rate-protected residential consumers for the purposes of this section; (b) prescribing dates for the purposes of subsections (1) and (8); (c) prescribing distributors for the purposes of this section; (d) governing anything that is described in this section as being prescribed or as being provided for in the regulations or that is required to be done in accordance with the regulations; (e) governing the provision of distribution rate protection by the Minister in respect of distribution rate-protected residential consumers under this section including determining the method or methods of calculating the amount of rate protection to be provided; (f) requiring the IESO to receive payments from the Minister and to make payments to licensed distributors, or to persons prescribed by the regulations, in respect of the distribution rate protection provided for under this section and prescribing methods for determining the amounts payable to distributors or distribution rate-protected residential consumers in respect of that protection. 2017, c. 16, Sched. 2, s. 4. Interpretation (10) In this section, “distribution rate-protected residential consumer” has the meaning provided for in the regulations; (“consommateur résidentiel protégé contre les frais de distribution”) “monthly base distribution charges” has the meaning provided for in the regulations. (“frais de distribution mensuels de base”) 2017, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2005 2002, c. 23, s. 4 (11) - 09/12/2002 2003, c. 8, s. 4 - 01/04/2004 2017, c. 16, Sched. 2, s. 4 - 01/06/2017 Delivery credit for on-reserve consumers 79.4 (1) The Minister shall provide a delivery credit to on-reserve consumers who meet the criteria prescribed under this section with respect to electricity consumed on or after the date prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Money appropriated by the Legislature (2) The money required for the purposes of the provision of the credits required under this section shall be paid out of the money appropriated for those purposes by the Legislature. 2017, c. 16, Sched. 2, s. 4. Eligible costs (3) The eligible costs for the delivery credit referred to in subsection (1) are, (a) the sum of the following charges for which the consumer would otherwise be liable, (i) all variable and fixed distribution charges, (ii) all charges based on the retail transmission network service rate, (iii) all charges based on the retail transmission connection service rate, (iv) all charges related to losses incurred in the distribution of electricity, except for such amounts that are included in regulatory charges provided for in the regulations, and (v) any other charges that may be prescribed in the regulations; or (b) where no separate charges for delivery are provided for by the distributor or other person or entity that may be prescribed in the regulations, the monthly service charge or such other amount as may be prescribed for or in respect of a prescribed distributor. 2017, c. 16, Sched. 2, s. 4. Delivery credit (4) A distributor, person or entity shall, unless the regulations provide otherwise, provide the delivery credit referred to in subsection (1) by crediting the account of an on-reserve consumer. 2017, c. 16, Sched. 2, s. 4. Same (5) The regulations may require that distributors and any other persons or entities provide a delivery credit to an on-reserve consumer who is entitled to a delivery credit under subsection (1) in such manner or in accordance with such methods as may be prescribed. 2017, c. 16, Sched. 2, s. 4. Same (6) A distributor or any person or entity as may be prescribed is entitled to be compensated from the money referred to in subsection (2) for any lost revenue resulting from the provision of the delivery credits under this section. 2017, c. 16, Sched. 2, s. 4. Information, etc. (7) If provided for in the regulations, the Board, the IESO and distributors, and other persons or entities, or any of them, shall provide such information and reports to the Ministry of Energy and to one another as are necessary to facilitate the implementation, administration, funding and delivery of the delivery credits or of anything else required under this section. 2017, c. 16, Sched. 2, s. 4. Limitation periods for delivery credit, consumer (8) Despite any past entitlement of an on-reserve consumer who is eligible for a delivery credit under this section, no delivery credit is payable to an on-reserve consumer after a limitation period prescribed by the regulations in respect of the on-reserve consumer, other than in such circumstances as may be prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Limitation, reimbursement of distributor, etc. (9) Despite any requirement under this Act to reimburse a distributor or other persons or entities for delivery credits provided by them to on-reserve consumers under this section, no amounts for reimbursement are payable to the distributor or other persons or entities after a limitation period prescribed by the regulations in respect of the distributor or other persons or entities, where such reimbursement is based on an on-reserve consumer’s past entitlement under this section which has not yet been paid or reimbursed under this section, other than in such circumstances as may be prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Transitional (10) If, for technical or operational reasons, a distributor referred to in subsection (4) is unable to adapt its invoices to comply with this section and the regulations by the time it issues its first invoice for electricity consumed after the prescribed date in respect of an eligible account, (a) the distributor shall adapt its invoices as soon as possible and, in any event, no later than a date prescribed in the regulations; and (b) on-reserve consumers continue to be entitled to receive the delivery credit to which they are entitled under this Act and may receive it as a lump sum credit on the invoice for the first billing period after the invoices have been adapted or by such other means as may be prescribed by the regulations. 2017, c. 16, Sched. 2, s. 4. Regulations (11) The Lieutenant Governor in Council may make regulations, (a) governing who is an on-reserve consumer for the purposes of this section and, without limiting the generality of the foregoing, may provide that consumers who occupy certain areas are on-reserve consumers, and may do so without regard to whether those areas constitute a “reserve” under any other Act or law; (b) prescribing dates for the purposes of subsections (1) and (10); (c) governing provision of the delivery credits provided to on-reserve consumers under this section and, without restricting the generality of the foregoing, governing anything that under this section is to be prescribed or provided for in the regulations, or that is to be done in accordance with the regulations; (d) determining the method or methods of calculating the amount of the delivery credits to be provided by the Minister in respect of on-reserve consumers under this section; (e) requiring the IESO to make and receive payments to and from the Minister and to make payments to licensed distributors, or to persons prescribed by the regulations, in respect of the delivery credits provided for under this section and prescribing methods for determining the amounts payable to distributors or on-reserve consumers in respect of the credits provided. 2017, c. 16, Sched. 2, s. 4. Interpretation (12) In this section, “on-reserve consumer” has the meaning provided for in the regulations. 2017, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2005 2002, c. 23, s. 4 (11) - 09/12/2002 2003, c. 8, s. 5 (1-5) - 01/04/2004 2004, c. 23, Sched. B, s. 22 (1-4) - 01/01/2005 2017, c. 16, Sched. 2, s. 4 - 01/06/2017 Application 79.5 Sections 79.6 through 79.11 apply to the programs provided for under sections 79, 79.2, 79.3 and 79.4 to the extent that they are funded by money appropriated for those purposes by the Legislature. 2017, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2005 2002, c. 23, s. 4 (11) - 09/12/2002 2004, c. 23, Sched. B, s. 23 - 01/01/2005 2017, c. 16, Sched. 2, s. 4 - 01/06/2017 Definition 79.6 In sections 79.7 to 79.11, “Finance Minister” means the Minister of Finance or such other member of the Executive Council to whom the administration of those sections is assigned under the Executive Council Act. 2017, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2005 2002, c. 23, s. 4 (11) - 09/12/2002 2003, c. 8, s. 6 (1-3) - 01/04/2004 2017, c. 16, Sched. 2, s. 4 - 01/06/2017 Records 79.7 (1) Every distributor and every other person prescribed by regulation shall keep at a location in Ontario such records as are necessary to determine and verify compliance with sections 79, 79.2, 79.3 and 79.4 and the regulations associated with them and any records required by those regulations to be kept. 2017, c. 16, Sched. 2, s. 4. Electronic records (2) If a person keeps records in an electronic form, the person shall ensure that, from the time the records are first made and for as long as they are required to be retained, (a) they remain complete and unaltered, apart from any changes or additions made in the normal course of communication, storage or display; and (b) they are capable of being printed and of being produced in electronically readable format for inspection, examination or audit. 2017, c. 16, Sched. 2, s. 4. Retention of records (3) Records required to be kept under subsection (1) shall not be destroyed unless authorization has been given in writing by the Finance Minister. 2017, c. 16, Sched. 2, s. 4. Offence (4) Every person who fails to keep records in accordance with this section is guilty of an offence and, on conviction, is liable to a fine of not less than $50 and not more than $5,000. 2017, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2005 2002, c. 23, s. 4 (11) - 09/12/2002 2003, c. 8, s. 7 - 01/04/2004 2017, c. 16, Sched. 2, s. 4 - 01/06/2017 Inspections and inquiries 79.8 (1) The Finance Minister may appoint one or more inspectors who are authorized to exercise any of the powers and perform any of the duties of a person authorized by the Minister under subsection 31 (1) of the Retail Sales Tax Act for any purpose related to the administration and enforcement of sections 79, 79.2, 79.3 and 79.4 of this Act. 2017, c. 16, Sched. 2, s. 4. Same (2) Subsections 31 (1), (2), (2.1) and (2.2) of the Retail Sales Tax Act apply, with necessary modifications, with respect to the administration and enforcement of sections 79, 79.2, 79.3 and 79.4 of this Act. 2017, c. 16, Sched. 2, s. 4. Admission of evidence (3) The Finance Minister, or a person authorized by the Finance Minister, may, for any purpose related to the administration of sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them, reproduce from original data stored electronically any information previously submitted as required under those sections or regulations in any form by any person, and the electronically reproduced document shall be admissible in evidence and shall have the same probative force as the original document would have had if it had been proved in the ordinary way. 2017, c. 16, Sched. 2, s. 4. Inquiry (4) The Finance Minister may, for any purpose related to the administration of sections 79, 79.2, 79.3 and 79.4 of this Act or the regulations made in association with them, authorize any person, whether or not the person is an employee in the Ministry of the Finance Minister, to make such inquiry as the Finance Minister considers necessary with reference to anything relating to the administration of this Act or the regulations. 2017, c. 16, Sched. 2, s. 4. Copies (5) If a book, record or other document is examined or produced under this section, the person by whom it is examined or to whom it is produced or any officer of the Ministry may make, or cause to be made, one or more copies of it, and a document purporting to be certified by the person to be a copy made pursuant to this section is admissible in evidence and has the same probative force as the original document would have if proved in the ordinary way. 2017, c. 16, Sched. 2, s. 4. Compliance (6) No person shall hinder or molest or interfere with any person doing anything that the person is authorized by this section to do or prevent or attempt to prevent any person doing any such thing. 2017, c. 16, Sched. 2, s. 4. Same (7) Despite any other law to the contrary, every person shall, unless the person is unable to do so, do everything the person is required by this section to do. 2017, c. 16, Sched. 2, s. 4. Administration of oaths (8) Declarations or affidavits in connection with statements of information submitted pursuant to this section may be taken before any person having authority to administer an oath or before any person specially authorized for that purpose by the Lieutenant Governor in Council, but any person so specially authorized shall not charge any fee for doing so. 2017, c. 16, Sched. 2, s. 4. Application of Public Inquiries Act, 2009 (9) Section 33 of the Public Inquiries Act, 2009 applies to an inquiry under subsection (4). 2017, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2005 2002, c. 23, s. 4 (11) - 09/12/2002 2003, c. 8, s. 8 - 01/04/2004 2017, c. 16, Sched. 2, s. 4 - 01/06/2017 Recovery of overpayments Definitions 79.9 (1) In this section, “inspector” means an inspector referred to in section 79.8; (“inspecteur”) “overpayment” means an amount received by a person in excess of that to which the person is entitled under sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them. (“trop-perçu”) 2017, c. 16, Sched. 2, s. 4. Notice of overpayment (2) If it appears to an inspector that a person has received an overpayment, the Finance Minister may send a written notice to the person advising the person of the following: 1. That the person has received an overpayment. 2. The amount of the overpayment and how it was calculated. 3. The required steps to be taken by the person with respect to the overpayment. 4. The date, not more than six months after the date of the notice, by which these steps must be completed. 5. That the Finance Minister has the authority to assess the person for the amount of the overpayment, plus interest, if the person fails to complete the required steps by the specified date. 2017, c. 16, Sched. 2, s. 4. Calculation of amount of overpayment (3) For the purposes of this section, an inspector shall calculate an overpayment or the outstanding balance of an overpayment in the manner and form and using such procedures as the Finance Minister considers adequate and expedient. 2017, c. 16, Sched. 2, s. 4. Assessment (4) If a person fails to complete the steps required in a notice under subsection (2) within the time specified in the notice, and any additional time requested by the person and permitted by the Finance Minister, the Finance Minister may assess or reassess the amount of the overpayment, or the outstanding balance of the overpayment, based on the inspector’s calculation described in subsection (3). 2017, c. 16, Sched. 2, s. 4. Penalty (5) If the Finance Minister makes an assessment or reassessment under subsection (4) and is satisfied that the person’s non-compliance with the required steps in the notice was attributable to neglect, carelessness, wilful default or fraud, the Finance Minister may assess a penalty against the person equal to the outstanding balance of the overpayment when the penalty is assessed. 2017, c. 16, Sched. 2, s. 4. Time limit (6) The Finance Minister shall not assess or reassess under subsection (4) more than 48 months after the end of the month in which the person received the overpayment. 2017, c. 16, Sched. 2, s. 4. Exception, where misrepresentation, etc. (7) Subsection (6) does not apply if the Finance Minister establishes that the person has made a misrepresentation that is attributable to neglect, carelessness or wilful default or has committed any fraud in supplying information under this Act or the regulations or in omitting to disclose information. 2017, c. 16, Sched. 2, s. 4. Deeming (8) An amount assessed or reassessed by the Finance Minister under this section is deemed, for the purposes of the administration and enforcement of this Act, to be a debt retirement charge owing and payable, as defined in subsection 85 (1) of the Electricity Act, 1998, that has been collected, on the last day of the month in which the person received the overpayment, by the person as a collector appointed under subsection 85.3 (1) of the Electricity Act, 1998 and, for those purposes, (a) sections 85.11, 85.12, 85.14, 85.17 and 85.30 of that Act apply with necessary modifications; (b) in the application of sections 85.11 and 85.14 of that Act and without limiting the generality of clause (a) of this subsection, references to the Financial Corporation are read as references to the Minister of Finance and references to the Minister of Finance are read as references to the Finance Minister as defined in section 79.6 of this Act; (c) the regulations made under that Act for the purposes of calculating the rate or rates of interest payable under section 85.11 of that Act and the manner of calculating the amount of interest apply with necessary modifications; and (d) sections 23 and 36, subsections 37 (1), (1.1) and (2) and sections 37.1, 38 and 39 of the Retail Sales Tax Act apply with necessary modifications. 2017, c. 16, Sched. 2, s. 4. Disposition of repaid amounts (9) If all or part of an overpayment is repaid to the Finance Minister, the Minister of Energy shall make such financial arrangements and payments as may be necessary to ensure that any person entitled to all or part of the overpayment receives the appropriate amount. 2017, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2005 2002, c. 23, s. 4 (11) - 09/12/2002 2003, c. 8, s. 9 - 01/04/2004 2017, c. 16, Sched. 2, s. 4 - 01/06/2017 Confidentiality 79.10 (1) Except as authorized by this section, no person employed by the Government of Ontario shall, (a) knowingly communicate or knowingly allow to be communicated to any person any information obtained by or on behalf of the Minister of Energy or the Finance Minister for the purposes of sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them; or (b) knowingly allow any person to inspect or to have access to any record or thing obtained by or on behalf of either Minister for the purposes of this Act. 2017, c. 16, Sched. 2, s. 4. Testimony (2) No person employed by the Government of Ontario shall be required, in connection with any legal proceedings, (a) to give evidence relating to any information obtained by or on behalf of the Minister of Energy or Finance Minister for the purposes of this Act; or (b) to produce any record or thing obtained by or on behalf of either Minister for the purposes of this Act. 2017, c. 16, Sched. 2, s. 4. Exception (3) Subsections (1) and (2) do not apply in respect of, (a) criminal proceedings under any Act of the Parliament of Canada; (b) proceedings in respect of the trial of any person for an offence under an Act of the Legislature; or (c) proceedings relating to the administration or enforcement of this Act or Part V.1 or VI of the Electricity Act, 1998. 2017, c. 16, Sched. 2, s. 4. Communication (4) A person employed by the Government of Ontario may, in the course of duties in connection with the administration or enforcement of sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them, (a) communicate or allow to be communicated to another person employed by the Government of Ontario in the administration or enforcement of any law or to an employee of the Board information obtained by or on behalf of either Minister for the purposes of sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them; and (b) allow another person employed by the Government of Ontario in the administration or enforcement of any law or an employee of the Board to inspect or have access to any record or thing obtained by or on behalf of either Minister for the purposes of sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them. 2017, c. 16, Sched. 2, s. 4. Reciprocal communication (5) A person who receives information or obtains access to any record or thing under subsection (4) has a duty to communicate or furnish to that Minister on a reciprocal basis any information, record or thing obtained by the person that affects the administration or enforcement of this Act. 2017, c. 16, Sched. 2, s. 4. Use of information (6) Any information, record or thing communicated or furnished under this section may be used only for the administration or enforcement of sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them or an Act that is administered or enforced by the person receiving the information, record or thing. 2017, c. 16, Sched. 2, s. 4. Same (7) The Finance Minister may permit information or a copy of any record or thing obtained by or on behalf of the Finance Minister for the purposes of sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them to be given to, (a) the person from whom the information, record or thing was obtained; (b) any person by whom an amount is payable or has been paid under sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them; or (c) the legal representative of a person mentioned in clause (a) or (b) or the agent of the person authorized in writing in that behalf. 2017, c. 16, Sched. 2, s. 4. Information (8) The Finance Minister may permit information or a copy of any record or thing obtained by or on behalf of the Finance Minister for the purposes of sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them to be given to any person employed by any government if, (a) the information, record or thing obtained by that government for the purpose of any Act that imposes a tax or duty are communicated or furnished on a reciprocal basis to the Minister; and (b) the information, record or thing will not be used for any purpose other than the administration or enforcement of a law that provides for the imposition of a tax or duty. 2017, c. 16, Sched. 2, s. 4. Offence (9) Every person who contravenes any provision of this section is guilty of an offence and on conviction is liable to a fine of not more than $2,000. 2017, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2006 2002, c. 23, s. 4 (11) - 09/12/2002 2017, c. 16, Sched. 2, s. 4 - 01/06/2017 Offences False statements, etc., and fraud 79.11 (1) Every person who engages in any of the following acts or omissions is guilty of an offence: 1. Making, participating in, assenting to or acquiescing in the making of a false or deceptive statement in any document or answer required or submitted under sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them. 2. Destroying, altering, mutilating, hiding or otherwise disposing of information or records of any person, for the purpose of evading compliance with sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them. 3. Making, assenting to or acquiescing in the making of a false or deceptive entry of a material particular in a record of any person required to maintain records for the purposes of sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them. 4. Omitting to make or assenting to or acquiescing in the omission of an entry of a material particular in a record of any person required to maintain records for the purposes of sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them. 5. Wilfully evading or attempting to evade, in any manner, compliance with an obligation under sections 79, 79.2, 79.3 and 79.4 or the regulations made in association with them. 2017, c. 16, Sched. 2, s. 4. Penalty upon conviction (2) A person convicted of an offence under subsection (1) is liable to either or both of the following penalties in addition to any other penalty assessed under this Act: 1. A fine in an amount that is not less than $1,000 and not more than $10,000. 2. Imprisonment for a term of not more than two years. 2017, c. 16, Sched. 2, s. 4. General offence (3) Every person who contravenes, by any act or omission, any other requirement imposed under sections 79, 79.2, 79.3 and 79.4 is guilty of an offence and, on conviction, is liable, where no other penalty is provided for the offence, to a fine of not less than $50 and not more than $5,000. 2017, c. 16, Sched. 2, s. 4. Limitation period (4) A proceeding to prosecute an offence provided for in this section must be commenced within six years after the date on which the matter of the offence arose. 2017, c. 16, Sched. 2, s. 4. Payment of fines (5) Fines imposed on conviction of an offence provided for in this section are payable to the Finance Minister on behalf of the Crown in right of Ontario. 2017, c. 16, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (11) - 09/12/2002 2003, c. 8, s. 10 - 01/04/2004 2004, c. 23, Sched. B, s. 24 - 20/12/2004 2017, c. 16, Sched. 2, s. 4 - 01/06/2017 79.12 Repealed: 1998, c. 15, Sched. B, s. 79.11. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2006 2002, c. 23, s. 4 (11) - 09/12/2002 79.13 Repealed: 1998, c. 15, Sched. B, s. 79.11. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2006 2002, c. 23, s. 4 (11) - 09/12/2002 79.14 Repealed: 1998, c. 15, Sched. B, s. 79.11. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2006 2002, c. 23, s. 4 (11) - 09/12/2002 79.15 Repealed: 1998, c. 15, Sched. B, s. 79.11. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.11 (1) - 01/01/2006 2002, c. 23, s. 4 (12) - no effect Commodity price for electricity: low volume consumers, etc. 79.16 (1) Despite any order under section 78 and, subject to subsection (7), despite any agreement to the contrary entered into or renewed on or before December 9, 2002, the rates for electricity payable by a consumer who is a member of a class of consumers prescribed by the regulations for the purposes of this section are, (a) with respect to electricity used on or after the day this subsection comes into force and before the day prescribed by the regulations for the purposes of this subsection, the price determined in accordance with the regulations; and (b) with respect to electricity used on or after the day prescribed by the regulations for the purposes of this subsection, the rates determined by the Board in accordance with the regulations. 2004, c. 23, Sched. B, s. 25. Same (2) The Board shall not make any rate determinations for the purposes of clause (1) (b) unless a regulation has been made under clause 88 (1) (z.8). 2004, c. 23, Sched. B, s. 25. (3) Repealed: 2017, c. 16, Sched. 1, s. 44 (4). Exception: consumers who file statement (4) Subsection (1) does not apply to a consumer if, (a) the consumer indicates in a written statement that the consumer does not wish to have subsection (1) apply and the consumer files the written statement with, (i) the distributor with whom the consumer has an account, if the consumer is not a market participant, or (ii) the IESO, if the consumer is a market participant; and (b) at the time the statement is filed under clause (a), a regulation prescribing criteria for the purpose of this clause is in force and those criteria are met. 2004, c. 23, Sched. B, s. 25. Application of subs. (1) (5) Subsection (1) does not apply to a consumer to whom electricity is distributed through a distribution system that is not connected to the IESO-controlled grid. 2004, c. 23, Sched. B, s. 25. Exception: service transaction request, contract entered into after December 9, 2002 (6) If a consumer enters into or renews a contract after December 9, 2002 with respect to which a service transaction request as defined in the Retail Settlement Code is or has been implemented to enable the consumer to purchase electricity from a competitive retailer as defined in the Retail Settlement Code, subsection (1) does not apply to the consumer during the term of the contract. 2004, c. 23, Sched. B, s. 25. Contracts entered into after December 9, 2002 (7) Subject to subsection (6), the commodity price for electricity payable by a consumer under subsection (1) is subject to any contract the consumer renews or enters into after December 9, 2002. 2004, c. 23, Sched. B, s. 25. Same (8) A consumer who enters into or renews a retail contract for electricity after the date prescribed for the purposes of subsection (1) or becomes subject to a rate approved or fixed by the Board under this section is subject to such conditions as may be determined by the Board. 2004, c. 23, Sched. B, s. 25. Repeal (9) This section is repealed on a day to be named by proclamation of the Lieutenant Governor. 2004, c. 23, Sched. B, s. 25. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.16 (9) - not in force 2004, c. 23, Sched. B, s. 25 - 01/04/2005 2017, c. 16, Sched. 1, s. 44 (4) - 01/06/2017 Form of invoice for prescribed classes of consumers 79.17 (1) The Minister may require that invoices issued in respect of electricity to consumers who are members of a class of consumers prescribed by the regulations meet requirements to be prescribed by the regulations or be in a form approved by the Minister. 2010, c. 8, s. 38 (18). Different forms (2) The regulations may prescribe or the Minister may approve different requirements for invoices and may prescribe or specify the circumstances in which each requirement shall apply or be used and the Minister may approve different forms of invoices and the circumstances under which the forms are to be used. 2010, c. 8, s. 38 (18). Errors (3) No defect, error or omission in the form or substance of an invoice issued in respect of electricity to a consumer referred to in subsection (1) invalidates any proceeding for the recovery of the amount payable under the invoice. 2004, c. 23, Sched. B, s. 26. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 26 - 01/01/2005 2010, c. 8, s. 38 (18) - 01/04/2015 Prohibition, generation by transmitters or distributors 80 No transmitter or distributor or affiliate of a transmitter or distributor shall acquire an interest in a generation facility in Ontario, construct a generation facility in Ontario or purchase shares of a corporation that owns a generation facility in Ontario unless it has first given notice of its proposal to do so to the Board and the Board, (a) has not issued a notice of review of the proposal within 60 days of the filing of the notice; or (b) has approved the proposal under section 82. 1998, c. 15, Sched. B, s. 80. Prohibition, transmission or distribution by generators 81 No generator or affiliate of a generator shall acquire an interest in a transmission or distribution system in Ontario, construct a transmission or distribution system in Ontario or purchase shares of a corporation that owns a transmission or distribution system in Ontario unless it has first given notice of its proposal to do so to the Board and the Board, (a) has not issued a notice of review of the proposal within 60 days of the filing of the notice; or (b) has approved the proposal under section 82. 1998, c. 15, Sched. B, s. 81. Review of acquisition 82 (1) If the Board has issued a notice of review under section 80 or 81, it shall expeditiously proceed to review the proposal. 1998, c. 15, Sched. B, s. 82 (1). Order (2) The Board shall make an order approving a proposal described in section 80 if it determines that, (a) the impact of the proposal would not adversely affect the development and maintenance of a competitive market and the proposal is not inconsistent with the objectives of the Board or the purposes of the Electricity Act, 1998; or (b) the proposal is required to maintain the reliability of the transmission or distribution system of the relevant transmitter or distributor. 2017, c. 2, Sched. 10, s. 2 (6). Same (3) The Board shall make an order approving a proposal described in section 81 if it determines that, (a) the impact of the proposal would not adversely affect the development and maintenance of a competitive market; and (b) the proposal is not inconsistent with the objectives of the Board or the purposes of the Electricity Act, 1998. 2017, c. 2, Sched. 10, s. 2 (7). Condition for making order (4) Unless the Board makes the determination described in subsection (2) or (3), it shall not make an order approving a proposal described in section 80 or 81, respectively. 1998, c. 15, Sched. B, s. 82 (4). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched.

10, s. 2 (6, 7) - 22/03/2017 Exemptions 82.1 (1) The Board may, without a hearing, establish criteria exempting one or more classes of transactions or construction activities from the application of section 80 or 81. 2017, c. 2, Sched. 10, s. 2 (8). No notice if exempt (2) A person is not required to give notice of a proposal under section 80 or 81 if the proposal meets the criteria established by the Board under subsection (1). 2017, c. 2, Sched. 10, s. 2 (8). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 10, s. 2 (8) - 22/03/2017 Standards, targets and criteria 83 (1) The Board may establish standards, targets and criteria for evaluation of performance by generators to whom section 78.1 applies, transmitters, distributors and retailers. 1998, c. 15, Sched. B, s. 83 (1); 2004, c. 23, Sched. B, s. 27 (1). Regard for standards, targets (2) The Board may have regard to the standards, targets and criteria referred to in subsection (1) in exercising its powers and performing its duties under this or any other Act in relation to generators to whom section 78.1 applies, transmitters, distributors and retailers, including establishing the conditions of a licence. 1998, c. 15, Sched. B, s. 83 (2); 2004, c. 23, Sched. B, s. 27 (2). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 27 (1, 2) - 01/01/2005 Distinction between transmission and distribution, determination 84 In making a decision in any proceeding under this Part or under the Electricity Act, 1998, the Board may determine that, (a) a system or part of a system that forms part of a transmission system is a distribution system or part of a distribution system; and (b) a system or part of a system that forms part of a distribution system is a transmission system or part of a transmission system. 1998, c. 15, Sched. B, s. 84; 2003, c. 3, s. 53. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 53 - 01/08/2003 85 Repealed: 2003, c. 3, s. 54. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 54 - 01/08/2003 Change in ownership or control of systems 86 (1) No transmitter or distributor, without first obtaining from the Board an order granting leave, shall, (a) sell, lease or otherwise dispose of its transmission or distribution system as an entirety or substantially as an entirety; (b) sell, lease or otherwise dispose of that part of its transmission or distribution system that is necessary in serving the public; or (c) amalgamate with any other corporation. 2003, c. 3, s. 55 (1). Same (1.1) Subsection (1) does not apply with respect to a disposition of securities of a transmitter or distributor or of a corporation that owns securities in a transmitter or distributor. 2002, c. 1, Sched. B, s. 9 (1). Acquisition of share control (2) No person, without first obtaining an order from the Board granting leave, shall, (a) acquire such number of voting securities of a transmitter or distributor that together with voting securities already held by such person and one or more affiliates or associates of that person, will in the aggregate exceed 10 per cent of the voting securities of the transmitter or distributor; or (b) acquire control of any corporation that holds, directly or indirectly, more than 10 per cent of the voting securities of a transmitter or distributor if such voting securities constitute a significant asset of that corporation. 1998, c. 15, Sched. B, s. 86 (2); 2015, c. 29, s. 15 (1, 2). Same (2.1) Subsection (2) does not apply to, (a) the Crown in right of Ontario; (b) an underwriter (within the meaning of the Securities Act) who holds the voting securities solely for the purpose of distributing them to the public; (c) any person or entity who is acting in relation to the voting securities solely in the capacity of an intermediary in the payment of funds or the delivery of securities or both in connection with trades in securities and who provides centralized facilities for the clearing of trades in securities; or (d) any person or entity who holds the voting securities by way of security only. 2002, c. 1, Sched. B, s. 9 (2). Significant asset (3) For the purposes of subsection (2), (a) an asset is a significant asset if its value is 10 per cent or more of the aggregate book value of the total assets of a person, determined on a consolidated basis in accordance with generally accepted accounting principles; and (b) “control”, with respect to a corporation, has the same meaning as in the Business Corporations Act. 1998, c. 15, Sched. B, s. 86 (3); 2015, c. 29, s. 15 (3). Valuation of voting securities (4) For the purpose of determining whether voting securities constitute a significant asset, the value of the voting securities shall be deemed to be, (a) the market value of the securities if more than 10 per cent of the voting securities are publicly traded; and (b) 115 per cent of the book value of the voting securities, as determined by the equity method of accounting, in all other cases. 1998, c. 15, Sched. B, s. 86 (4); 2015, c. 29, s. 15 (4). Mortgages (5) This section does not apply to a mortgage or charge to secure any loan or indebtedness or to secure any bond, debenture or other evidence of indebtedness. 1998, c. 15, Sched. B, s. 86 (5). Transactions under Electricity Act, 1998 (5.1) This section does not apply with respect to a transaction described in section 50.1 or 50.2 of the Electricity Act, 1998. 2002, c. 1, Sched. B, s. 9 (2). Leave (6) An application for leave under this section shall be made to the Board, which shall grant or refuse leave. 1998, c. 15, Sched. B, s. 86 (6). Void agreement (6.1) An amalgamation agreement between the corporations that propose to amalgamate is void if the Board refuses to grant leave under this section, even if the amalgamation agreement has been adopted in accordance with subsection 176 (4) of the Business Corporations Act. 2003, c. 3, s. 55 (2). Void certificate (6.2) A certificate of amalgamation endorsed by the director appointed under section 278 of the Business Corporations Act is void if it is endorsed before leave of the Board for the amalgamation is granted. 2003, c. 3, s. 55 (2). Sale of assets of OEFC to or by Hydro One Inc., etc. (7) Despite subsection (1) and any order of the Board, the sale, lease, conveyance, transfer, assignment, assumption or other disposition of any of the assets, rights, liabilities or obligations of the Ontario Electricity Financial Corporation to or by Hydro One Inc. or a subsidiary of Hydro One Inc. after March 31, 1999, including any such sale, lease, conveyance, transfer, assignment, assumption or other disposition completed before this subsection came into force, does not require an order from the Board granting leave. 2002, c. 23, s. 4 (13). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 9 (1, 2) - 27/06/2002; 2002, c. 23, s. 4 (13) - 09/12/2002 2003, c. 3, s. 55 (1, 2) - 01/08/2003 2015, c. 29, s. 15 (1-4) - 04/03/2016 Board to monitor markets 87 (1) The Board shall monitor markets in the electricity sector and may report to the Minister on the efficiency, fairness, transparency and competitiveness of those markets. 1998, c. 15, Sched. B, s. 87 (1). Board to advise Minister (2) The Board shall advise the Minister with respect to any of the following matters if requested by the Minister to do so or if the Board considers it advisable to do so: 1. Any abuse or potential abuse of market power in the electricity sector. 2. The circumstances giving rise to or that is capable of giving rise to unintended outcomes or effects that operate contrary to the interests of competition. 2004, c. 23, Sched. B, s. 28. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 28 - 01/01/2005 Regulations, electricity licences 88 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing requirements for a licence which allows for the retailing of electricity to residential or small business consumers, as defined in the regulations, which, if not met, will result in the refusal to issue or renew a licence; (a.0.1) for the purposes of section 57.1, (i) providing for conditions or restrictions on the Board’s power to make orders under that section, including limiting the number of times an exemption may be extended under subsection 57.1 (3), and (ii) governing criteria for pilot and demonstration projects, which may include criteria respecting the manner in which a project is funded; (a.0.2) prescribing classes of consumers for the purposes of section 58; (a.1) providing for the establishment, administration and operation of a tracking system to associate electricity with the processes and fuel types used by generation facilities and with the types and quantities of contaminants emitted by generation facilities, including, (i) designating the administrator of the tracking system and prescribing the administrator’s powers and duties, (ii) designating a person or body to audit the tracking system and the information used by the tracking system and prescribing the auditor’s powers and duties, including powers to enter business premises and inspect documents and records, (iii) requiring persons prescribed by the regulations to submit information prescribed by the regulations or by the administrator or auditor of the tracking system to the administrator or auditor in a form and at times specified by the regulations or by the administrator or auditor, (iv) protecting the administrator of the tracking system from liability arising from incorrect information provided by other persons, (v) requiring the administrator or auditor of the tracking system or the Minister to make determinations for the purposes of the tracking system, (vi) requiring information from the tracking system to be made available to the public, (vii) requiring persons prescribed by the regulations to provide other persons prescribed by the regulations with information from the tracking system in a form and at times specified by the regulations or by the administrator or auditor of the tracking system, (viii) authorizing and governing the issuance of certificates related to determinations made for the purposes of the tracking system, and (ix) authorizing the administrator of the tracking system, subject to the approval of the Board, to establish and charge fees in connection with the tracking system, and governing the establishment and charging of those fees; (b) requiring retailers or generators or persons engaged in an activity described in clause 57 (f) to make timely disclosure to the Minister of the Environment, or the IESO in the manner and at the times prescribed, of the nature and quantity of the prescribed contaminants emitted by the generation facility from which the electricity being sold or offered for sale is produced or deemed to be produced, the nature of the fuel and the process of generation used at the facility; (c) authorizing the Minister of the Environment to determine from which generation facility or facilities electricity is deemed to be produced in accordance with such rules as may be prescribed in the regulation; (d) requiring retailers or generators or persons engaged in an activity described in clause 57 (f) to file with the Board, in such form and at such times as the Board may determine, evidence that the generation facility from which the electricity is produced or is deemed to be produced meets standards for emission of prescribed contaminants from a source or class of sources set out under the Environmental Protection Act; (e) respecting the manner in which reductions, credits or allowances acquired by a retailer, generator or a person engaged in an activity described in clause 57 (f) under the Environmental Protection Act may be used in determining whether there has been compliance with the standards referred to in clause (d); (f) requiring retailers to make timely disclosure to consumers, in the manner and at the times prescribed, of the nature and quantity of the prescribed contaminants emitted by the generation facility from which the electricity being sold or offered for sale is produced or is deemed to be produced, the nature of the fuel and the process of generation used at the facility and such other information as is prescribed; (g) delegating to a body the power to establish the manner and time requirements described in clause (f) and requiring retailers to disclose the information described in that clause in that manner and within those time periods; (g.1) requiring a distributor, in the circumstances and in the manner prescribed by the regulations, to subtract the amount of electricity conveyed into the distribution system by a generator from the amount consumed from the system by the generator, for billing purposes, if the generator generates electricity primarily for the generator’s own use; (g.2) for the purposes of clause 70 (2) (d.1), prescribing matters which may be included as a licence condition in a licence of a retailer of electricity in relation to the retailing of electricity; (g.3) for the purposes of subsection 71 (1), providing for circumstances in which a transmitter or distributor may carry on a business activity other than transmitting or distributing electricity other than through one or more affiliates, subject to any conditions or restrictions specified by the regulations; (g.3.1) prescribing rules for the purposes of subsection 71 (2); (g.3.2) governing, (i) the capacity of a renewable energy generation facility referred to in clause 71 (3) (a) and criteria for a renewable energy generation facility for the purposes of clause 71 (3) (a), (ii) criteria for a generation facility that uses technology that produces power and thermal energy from a single source for the purposes of clause 71 (3) (b), and (iii) criteria for an energy storage facility for the purposes of clause 71 (3) (c); (g.4) prescribing different situations for which separate rates must be approved or fixed under section 78, with those situations being defined with reference to amounts of electricity used and times when electricity is used; (g.5) governing the approving or fixing under section 78 of just and reasonable rates for the retailing of electricity in order to meet a distributor’s obligations under section 29 of the Electricity Act, 1998, including prescribing methods of and procedures for approving or fixing rates, including requiring persons licensed under this Part to participate in those methods and procedures and to enter into contracts or other arrangements as part of those methods and procedures; (g.6) prescribing different classes of consumers for the purposes of section 78 and the date or method of determining the date on which rates approved or fixed for a class of consumers take effect; (g.6.0.1) prescribing circumstances under which a transmitter or distributor shall bear the costs of construction, expansion or reinforcement associated with the connection of a renewable energy generation facility to the transmitter’s transmission system or the distributor’s distribution system; (g.6.0.2) for the purposes of subsection 78 (3.0.0.1), prescribing rules in relation to the approving or fixing of just and reasonable rates for unit smart metering that the Board must follow, prescribing classes of consumers for the purposes of clause 78 (3.0.0.1) (a) and prescribing circumstances for the purposes of clause 78 (3.0.0.1) (b); (g.6.1) prescribing the circumstances in which the Board may make orders permitting the Smart Metering Entity or distributors to establish deferral or variance accounts for the purposes of subsection 78 (3.0.2); (g.6.2) in respect of orders relating to the ability of the Smart Metering Entity, distributors, retailers and other persons to recover costs associated with the smart metering initiative for the purposes of subsection 78 (3.0.3); (g.7) governing the approving or fixing under subsection 78 (3.1) of rates for the retailing of electricity, including, (i) prescribing rules for the purposes of subsection 78 (3.1), and (ii) prescribing matters for the purposes of subsection 78 (3.4) to be taken into consideration in forecasting the cost of electricity and the methods of and procedures for forecasting the cost of electricity, including the treatment of any outstanding balances in variance accounts held by the IESO; (g.8) prescribing conditions for the purposes of subsection 78 (3.5); (g.9) providing for penalties and fines a transmitter or distributor is required to pay under an Act that the Board may include in approving or fixing rates for the transmission or distribution of electricity, for the purposes of paragraph 1 of subsection 78 (5); (g.10) Repealed: 2023, c. 9, Sched. 24, s. 6 (2). (h) prescribing, for the purposes of subsection 78 (5.1), methods and techniques for the calculation and treatment of transfers made by Hydro One Inc. or its subsidiary, as the case may be, that are authorized by section 50.1 of the Electricity Act, 1998; (i) prescribing, for the purposes of subsection 78 (5.2), methods and techniques for the treatment of the statutory right to use corridor land; (i.1) prescribing generators and generation facilities and units for the purposes of section 78.1; (i.2) prescribing generators or generation facilities and units at generation facilities whose generators may apply to the Board for an order that section 78.1 applies to the facility or unit and rules governing the procedure for applying, the criteria to be satisfied and any terms and limitations that must or may be included in the order; (i.3) governing circumstances in which payments shall not be made under section 78.1; (i.4) for the purposes of subsection 78.1 (3.2), specifying amounts relating to Ontario Power Generation Inc.’s activities under Part II.1 of the Electricity Act, 1998 that shall not be included in a payment to it under section 78.1, including providing for methods for determining the amounts; (i.5) Repealed: 2014, c. 7, Sched. 23, s. 12 (2). (i.6) governing the determination of payment amounts by the Board under section 78.1, including rules prescribing, (i) methods of and procedures for determining payment amounts, (ii) financial factors which the Board may take into consideration in determining payment amounts, and (iii) different payment amounts or different methods of and procedures for determining payment amounts for different situations, including situations defined with respect to energy sources, time of generation and amounts of electricity generated; (i.7) authorizing or requiring generators to establish one or more variance or deferral accounts in connection with section 78.1; (i.8) prescribing generation facilities for the purposes of section 78.2; (i.9) prescribing rules for determining the amount of the Financial Corporation’s indirect costs in respect of a contract for the purposes of section 78.2; (i.10), (i.11) Repealed: 2014, c. 7, Sched. 23, s. 12 (3). (j) governing all matters relating to payment amounts under section 78.5; (k)-(o) Repealed: 1998, c. 15, Sched. B, s. 79.1 (24). (p), (q) Repealed: 1998, c. 15, Sched. B, s. 79.2 (5). (r) Repealed: 1998, c. 15, Sched. B, s. 79.11. (r.1) Repealed: 1998, c. 15, Sched. B, s. 79.11. (r.2) Repealed: 1998, c. 15, Sched. B, s. 79.11. (s)-(y) Repealed: 1998, c. 15, Sched. B, s. 79.11. (z) Repealed: 2004, c. 23, Sched. B, s. 29 (9). (z.1) - (z.5) Repealed: 1998, c. 15, Sched. B, s. 79.11. (z.6) prescribing classes of consumers for the purposes of section 79.16; (z.7) prescribing prices or methods for determining prices for the purpose of clause 79.16 (1) (a), including prescribing separate prices or methods for different situations, including situations defined with respect to types of consumers and amounts of electricity used; (z.8) governing the determination of rates by the Board under clause 79.16 (1) (b), including, (i) prescribing methods of and procedures for determining rates, including requiring persons licensed under this Part to participate in those methods and procedures and to enter into contracts or other arrangements as part of those methods and procedures, and (ii) prescribing different situations for which separate rates must be determined, including situations defined with respect to types of consumers, amounts of electricity used and times when electricity is used; (z.9) prescribing a date for the purpose of subsection 79.16 (1); (z.10) prescribing criteria for the purposes of clause 79.16 (4) (b); (z.11) for the purposes of section 79.17, prescribing, (i) classes of consumers, (ii) information that must or may be included on invoices issued in respect of electricity to consumers in one or more of the prescribed classes, (iii) the requirements that the invoices must meet, and (iv) the form of the invoice, including prescribing different requirements and forms for the purposes of that section; (z.12) respecting the manner in which invoices issued in respect of electricity to consumers who are members of a class of consumers prescribed for the purposes of section 79.17 are to be provided to those consumers. 1998, c. 15, Sched. B, s. 88 (1) [see also ss. 79.1 (24), 79.2 (5), 79.11]; 2002, c. 1, Sched. B, s. 10; 2002, c. 23, s. 4 (14-17); 2003, c. 3, s. 56 (1, 2); 2003, c. 8, s. 11; 2004, c. 23, Sched. B, s. 29 (1-11); 2006, c. 3, Sched. C, s. 6; 2009, c. 12, Sched. D, s. 15; 2010, c. 8, s. 38 (19, 20); 2014, c. 7, Sched. 23, s. 12; 2019, c. 4, Sched. 4, s. 2; 2021, c. 2, Sched. 2, s. 6 (1, 2); 2022, c. 23, Sched. 1, s. 6; 2023, c. 9, Sched. 24, s. 6 (1, 2). Net metering, single generator (1.1) The Lieutenant Governor in Council may make regulations, (a) requiring a distributor mentioned in clause (1) (g.1) to apply any credit resulting from the application of a regulation made under that clause in accordance with such methods or criteria as may be prescribed; (b) prescribing the methods or criteria mentioned in clause (a), which may include limiting or prohibiting the application or recognition of any credit in a manner which results in the reduction of fixed charges on an invoice. 2017, c. 34, Sched. 31, s. 2 (1). Subdelegation (1.2) A regulation made under clause (1) (g.9) may authorize the Board to determine a matter that may be prescribed by the Lieutenant Governor in Council under that clause. 2021, c. 2, Sched. 2, s. 6 (3); 2023, c. 9, Sched. 24, s. 6 (3). Retroactive (2) A regulation made under clause (1) (i.5), (i.9) or (z.7) may apply in respect of an amount payable before the day the regulation is filed. 2004, c. 23, Sched. B, s. 29 (12). Same (2.0.1) A regulation made under clause (1) (i.8), (i.9), (i.10) or (i.11) may apply with respect to a period before it is filed. 2004, c. 23, Sched. B, s. 29 (12). Conflict with market rules (2.0.2) In the event of a conflict, a regulation made under clause (1) (i.5), (i.6), (i.9), (i.10) or (i.11) prevails over the market rules to the extent of the conflict. 2004, c. 23, Sched. B, s. 29 (12). Net metering, other arrangements (2.1) The Lieutenant Governor in Council may make regulations, (a) requiring a distributor, in prescribed circumstances and in the prescribed manner, to subtract the amount of electricity conveyed into the distribution system by a generator from the amount consumed from the system by a consumer, for billing purposes, if the generator and the consumer have entered into an agreement that meets the prescribed criteria; (b) authorizing distributors and other persons to implement, in prescribed circumstances and in the prescribed manner, prescribed pilot or demonstration projects for the purpose of subtracting some or all of the electricity conveyed into a distribution system by one or more generators within one or more distributors’ service areas from the amount consumed from a distribution system by one or more consumers, for billing purposes, where the distributor, generator and other person, if any, and consumers to be billed as part of the project have entered into an agreement that meets prescribed criteria; (c) governing agreements mentioned in clauses (a) and (b); (d) requiring distributors to apply any credit to consumers resulting from a regulation made under clause (a) or (b) in accordance with such methods or criteria as may be prescribed; (e) prescribing the methods or criteria mentioned in clause (d), which may include limiting or prohibiting the application or recognition of any credit in a manner which results in the reduction of fixed charges on a consumer’s invoice. 2017, c. 34, Sched. 31, s. 2 (2). Agreements (2.2) For the purposes of clause (2.1) (a), a consumer may enter into agreements with more than one generator in respect of one or more generation facilities. 2017, c. 34, Sched. 31, s. 2 (2). Regulations, Minister (2.3) The Minister may make regulations providing for amounts and classes of amounts a transmitter or distributor is required to pay that shall not be included in approving or fixing rates for the transmission or distribution of electricity, for the purposes of paragraph 2 of subsection 78 (5). 2023, c. 9, Sched. 24, s. 6 (4). General or particular (3) A regulation under this section may be general or particular in its application. 1998, c. 15, Sched. B, s. 88 (3). Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 79.1 (24) - 01/06/2006; 1998, c. 15, Sched. B, s. 79.2 (5) - 01/06/2006; 1998, c. 15, Sched. B, s. 79.11 (1) - 01/05/2005 2002, c. 1, Sched. B, s. 10 (1, 2, 4, 7) - 27/06/2002; 2002, c. 1, Sched. B, s. 10 (3, 5, 6) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012; 2002, c. 23, s. 4 (14-18) - 09/12/2002 2003, c. 3, s. 56 (1-3) - 01/08/2003; 2003, c. 8, s. 11 (1-3) - 01/04/2004 2004, c. 23, Sched. B, s. 29 (1-12) - 01/01/2005 2006, c. 3, Sched. C, s. 6 - 03/05/2006 2009, c. 12, Sched. D, s. 15 - 09/09/2009 2010, c. 8, s. 38 (19) - 01/01/2011; 2010, c. 8, s. 38 (20) - 01/04/2015 2014, c. 7, Sched. 23, s. 12 (1-3) - 01/01/2005 2017, c. 34, Sched. 31, s. 2 (1, 2) - 14/12/2017 2019, c. 4, Sched. 4, s. 2 - 03/04/2019 2021, c. 2, Sched. 2, s. 6 (1-3) - 12/04/2021 2022, c. 23, Sched. 1, s. 6 - 15/03/2023 2023, c. 9, Sched. 24, s. 6 (1-4) - 08/06/2023 88.0.1 Repealed: 2014, c. 7, Sched. 23, s. 13. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. B, s. 88.0.1 (19) - 01/01/2015 2002, c. 23, s. 4 (19) - 09/12/2002 2003, c. 8, s. 12 (1-6) - 01/04/2004 2004, c. 23, Sched. B, s. 30 (1-17) - 01/01/2005 2009, c. 33, Sched. 6, s. 77 - 01/06/2011 2014, c. 7, Sched. 23, s. 13 - 01/01/2015 part v.1 Gas Marketers and Retailers of Electricity — Standards and Audits Licences 88.1 (1) A licence issued under Part IV or V, (a) shall contain such conditions as may be prescribed by regulation; and (b) may contain such other conditions provided by an order of the Board or any rule or code issued by the Board. 2010, c. 8, s. 38 (21). Same (2) For the purposes of subsection (1), a regulation may specify criteria, conditions or requirements that must or that may be included as a condition of licence in any licence issued to a gas marketer or a retailer of electricity, including criteria, conditions or requirements relating to the following: 1. The operations, management and business practices of a gas marketer or retailer of electricity, including but not limited to the conduct of employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity. 2. The activities, conduct or practices that must, may or may not be undertaken by the gas marketer or retailer of electricity, its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity. 3. The establishment of an assurance fund within each gas marketer or retailer of electricity, including, i. criteria and requirements as to the amount that the gas marketer or retailer of electricity is required to maintain in the fund or a method for determining the amount, and ii. the circumstances governing how the amount is to be contributed to the fund by the gas marketer or retailer of electricity and the times at which and the circumstances under which contributions are to be made and the amount is to be maintained. 4. Standards that are required to be met by a gas marketer or a retailer of electricity or its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including standards related to, i. education, training, certifications and communications, ii. business practices, iii. performance standards, iv. background verifications and assessments as required under paragraph 7, v. record keeping, vi. contracting, including standards related to contracting with prescribed consumers or prescribed classes of consumers, and vii. such other matters as may be prescribed by regulation. 5. Information that is to be provided orally or in writing by a gas marketer or retailer of electricity or its employees, agents or third parties acting on its behalf to a consumer or a member of a class of consumers prescribed by regulation, the Board, the Ministry or to such other person or entity as may be prescribed by regulation and the circumstances in which the information must be provided and the time or times within which such information must be provided. 6. Identification, including criteria or requirements related to the identification credentials or badges or other forms of identification provided to the employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity. 7. Background verification and assessment of the employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including the requirement to establish a process or processes to conduct the verifications and assessments and the criteria and requirements for the time or times at which the verification and assessments must be performed. 8. The establishment of processes related to employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including the prescribing of conditions, requirements or criteria to be met by such processes, for the following activities: i. Business related activities, including, A. licensing, including renewal, suspension and cancellation of licences, B. bonding and insurance, C. examination for prescribed credentials, certificates, accreditations or designations, D. creation of codes of conduct, best practices and policies, E. requirements in relation to independence from or permissible investment in or association with a gas marketer or retailer of electricity or another licensee, and F. such other matters as may be prescribed by regulation. ii. The conduct of activities referred to in this section in relation to each of the employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity at such times as may be prescribed by regulation. iii. Ensuring that the employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity adhere to the processes referred to in this section and, in particular, obtain any prescribed credentials. 9. Requirements or provisions that must be included in any arrangements or agreements relating to retailing of electricity or gas marketing in Ontario, including arrangements or agreements relating to retailing of electricity or gas marketing to consumers or to classes of consumers prescribed by regulation. Such requirements or provisions may be general or specific in nature. 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2010, c. 8, s. 38 (21) - 01/01/2011 Licensing employees, etc. 88.2 (1) Where a regulation made under this Act so requires, the Board shall license the following persons and the regulation may specify conditions, criteria or requirements that must or may be included in a licence issued to the person: 1. Employees of a gas marketer or retailer of electricity or members of classes of such employees prescribed by regulation. 2. Employees of third parties acting on behalf of gas marketers or retailers of electricity or members of classes of such employees prescribed by regulation. 2010, c. 8, s. 38 (21). Processes, etc. (2) For the purposes of subsection (1), any process established by the Board to license the employees referred to in that subsection shall meet the criteria or requirements prescribed by regulation. 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2010, c. 8, s. 38 (21) - 01/01/2011 Powers of audit 88.3 (1) The Board may appoint a person who meets the criteria as may be prescribed by regulation to audit the compliance of a gas marketer or retailer of electricity or its agents or employees with the requirements of, (a) any condition of a licence referred to in section 48 or 57; or (b) an enforceable provision. 2010, c. 8, s. 38 (21). Time for audit (2) The Board may authorize the person appointed to audit compliance to conduct the audit at such time as the Board may require. 2010, c. 8, s. 38 (21). Audit, without notice (3) Where the Board authorizes a person to audit the compliance of a gas marketer or retailer of electricity, the Board may do so without notice to the gas marketer or retailer of electricity. 2010, c. 8, s. 38 (21). Audit, where notice provided (4) Despite subsection (3), where the Board does provide notice of the audit to the gas marketer or retailer of electricity, it shall do so in the manner prescribed by regulation and the notice shall include the information prescribed by regulation. 2010, c. 8, s. 38 (21). Examination of records, etc. (5) For the purposes of subsection (1), the person appointed may do or cause to be done any one or more of the following: 1. Examining any record or copying any document or record, in any form, by any method. 2. Requiring any document or record that is required to be kept under this Act to be provided, in any form, and requiring any other document or record related to the purposes of the audit to be provided, in any form. 3. Examining documents relating to the training, education or professional credentials, certificates, accreditations or other designations of the employees, agents or third parties for the gas marketer or retailer of electricity, including determining which credentials, certificates, accreditations or other designations the employee, agent or third party has or has not received. 4. Removing from a place documents or records, in any form, that are provided under paragraph 2 for the purpose of making copies. 5. Making reasonable inquiries of any person, orally or in writing. 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2010, c. 8, s. 38 (21) - 01/01/2011 Regulations 88.4 The Lieutenant Governor in Council may make regulations governing all matters dealt with in this Part that are required or permitted to be prescribed by regulation or that are required or permitted to be done in accordance with the regulations. 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 57 (1, 2) - 01/08/2003 2010, c. 8, s. 38 (21) - 01/01/2011 PART V.2 ELECTRIC VEHICLE CHARGING Definitions 88.5 In this Part, “electric vehicle” means, subject to the regulations, a vehicle that has its motive power wholly or partly provided by electricity stored in a battery or other electricity storage device in the vehicle that is capable of being charged from an electricity source external to the vehicle; (“véhicule électrique”) “electric vehicle charging” means, subject to the regulations, the supply of electricity from an electric vehicle charging station to an electric vehicle in order to charge the vehicle; (“recharge des véhicules électriques”) “electric vehicle charging station” means, subject to the regulations, an electricity supply device, including any associated equipment, technologies and components, that is used to supply electricity to charge an electric vehicle. (“station de recharge pour véhicules électriques”) 2024, c. 26, Sched. 3, s. 3 (2). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 58 - 01/08/2003 2024, c. 26, Sched. 3, s. 3 (2) - 04/12/2024 Application of Act 88.6 (1) This Act does not apply with respect to the distribution or retail of electricity for electric vehicle charging, except as may be provided by the regulations. 2024, c. 26, Sched. 3, s. 3 (2). Interpretation (2) For greater certainty, except as may be provided by the regulations, a reference in a provision to the distribution or retail of electricity shall not be read as including the distribution or retail described in subsection (1). 2024, c. 26, Sched. 3, s. 3 (2). No past application (3) This Act is deemed not to have applied with respect to the distribution or retail of electricity for electric vehicle charging before the day the Affordable Energy Act, 2024 received Royal Assent. 2024, c. 26, Sched. 3, s. 3 (2). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 58 - 01/08/2003 2024, c. 26, Sched. 3, s. 3 (2) - 04/12/2024 Regulations 88.7 (1) The Lieutenant Governor in Council may make regulations, (a) clarifying or modifying, including expanding or restricting, the definition of “electric vehicle”, “electric vehicle charging” or “electric vehicle charging station” in section 88.5; (b) clarifying the application of section 88.6; (c) providing for and governing the application of this Act to the distribution or retail of electricity for electric vehicle charging, subject to such modifications in application as the regulations may specify. 2024, c. 26, Sched. 3, s. 3 (2). Same (2) A regulation made under this section may be general or particular in its application. 2024, c. 26, Sched. 3, s. 3 (2). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 58 - 01/08/2003 2024, c. 26, Sched. 3, s. 3 (2) - 04/12/2024 88.8 Repealed: 2003, c. 3, s. 58. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 58 - 01/08/2003 88.9 Repealed: 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 59 (1-4) - 01/08/2003 2010, c. 8, s. 38 (21) - 01/01/2011 88.9.1 Repealed: 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2004, c. 23, Sched.B, s. 31 - 20/12/2004 2010, c. 8, s. 38 (21) - 01/01/2011 88.10 Repealed: 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 60 - 01/08/2003 2010, c. 8, s. 38 (21) - 01/01/2011 88.11 Repealed: 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2010, c. 8, s. 38 (21) - 01/01/2011 88.12 Repealed: 2010, c. 8, s. 38 (21). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2010, c. 8, s. 38 (21) - 01/01/2011 88.13 Repealed: 2003, c. 3, s. 61. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 61 - 01/08/2003 88.14 Repealed: 2003, c. 3, s. 61. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 11 - 01/07/2002 2003, c. 3, s. 61 - 01/08/2003 PART VI TRANSMISSION AND DISTRIBUTION LINES Definitions, Part VI 89 In this Part, “electricity distribution line” means a line, transformers, plant or equipment used for conveying electricity at voltages of 50 kilovolts or less; (“ligne de distribution d’électricité”) “electricity transmission line” means a line, transformers, plant or equipment used for conveying electricity at voltages higher than 50 kilovolts; (“ligne de transport d’électricité”) “hydrocarbon line” means a pipe line carrying any hydrocarbon, other than a pipe line within an oil refinery, oil or petroleum storage depot, chemical processing plant or pipe line terminal or station; (“ligne pour hydrocarbures”) “interconnection” means the plant, equipment and apparatus linking adjacent transmission or distribution systems as defined in Part V; (“interconnexion”) “work” means a hydrocarbon line, electricity distribution line, electricity transmission line, interconnection or station. (“ouvrage”) 1998, c. 15, Sched. B, s. 89; 2003, c. 3, s. 62. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 62 (1-3) - 01/08/2003 Leave to construct hydrocarbon line 90 (1) No person shall construct a hydrocarbon line without first obtaining from the Board an order granting leave to construct the hydrocarbon line if, (a) the proposed hydrocarbon line is more than 20 kilometres in length; (b) the proposed hydrocarbon line is projected to cost more than the amount prescribed by the regulations; (c) any part of the proposed hydrocarbon line, (i) uses pipe that has a nominal pipe size of 12 inches or more, and (ii) has an operating pressure of 2,000 kilopascals or more; or (d) criteria prescribed by the regulations are met. 2003, c. 3, s. 63 (1). Exception (2) Subsection (1) applies to the relocation or reconstruction of a hydrocarbon line only if the conditions prescribed by the regulations are met. 2024, c. 16, Sched. 11, s. 1. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 63 (1, 2) - 01/08/2003 2024, c. 16, Sched. 11, s. 1 - 01/07/2024 Application for leave to construct hydrocarbon line or station 91 (1) Any person may, before constructing a hydrocarbon line to which subsection 90 (1) does not apply or a station, apply to the Board for an order granting leave to construct the hydrocarbon line or station. 2024, c. 10, s. 6. Applies to exempted hydrocarbon lines (2) For greater certainty, a person who has obtained an exemption from the requirements of subsection 90 (1) may make an application under subsection (1) of this section in respect of the exempt hydrocarbon line. 2024, c. 10, s. 6. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 64 - 01/08/2003 2024, c. 10, s. 6 - 01/07/2024 Leave to construct, etc., electricity transmission or distribution line 92 (1) No person shall construct, expand or reinforce an electricity transmission line or an electricity distribution line or make an interconnection without first obtaining from the Board an order granting leave to construct, expand or reinforce such line or interconnection. 1998, c. 15, Sched. B, s. 92 (1). Exception (2) Subsection (1) applies to the relocation or reconstruction of an existing electricity transmission line or electricity distribution line or interconnection where no expansion or reinforcement is involved only if the acquisition of additional land or authority to use additional land is necessary. 2024, c. 16, Sched. 11, s. 2. Section Amendments with date in force (d/m/y) 2024, c. 16, Sched. 11, s. 2 - 01/07/2024 93 Repealed: 2003, c. 3, s. 65. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 65 - 01/08/2003 Route map 94 An applicant for an order granting leave under this Part shall file with the application a map showing the general location of the proposed work and the municipalities, highways, railways, utility lines and navigable waters through, under, over, upon or across which the proposed work is to pass. 1998, c. 15, Sched. B, s. 94. Exemption, subs. 90 (1) or 92 (1) 95 (1) The Board may, if in its opinion special circumstances of a particular case so require, make an order exempting any person from the requirements of subsection 90 (1) or 92 (1) without a hearing. 2024, c. 10, s. 7. Same, prescribed circumstances (2) The Board shall, with or without a hearing, make an order exempting a person from the requirements of subsection 90 (1) or 92 (1) if the Board is satisfied that the circumstances prescribed by the regulations have been met. 2024, c. 10, s. 7. Section Amendments with date in force (d/m/y) 2024, c. 10, s. 7 - 01/07/2024 Order allowing work to be carried out 96 (1) If, after considering an application under section 90, 91 or 92 the Board is of the opinion that the construction, expansion or reinforcement of the proposed work is in the public interest, it shall make an order granting leave to carry out the work. 1998, c. 15, Sched. B, s. 96. Applications under s. 92 (2) In an application under section 92, the Board shall only consider the following when, under subsection (1), it considers whether the construction, expansion or reinforcement of the electricity transmission line or electricity distribution line, or the making of the interconnection, is in the public interest: 1. The interests of consumers with respect to prices and the reliability and quality of electricity service. 2. Supporting economic growth in a manner consistent with the policies of the Government of Ontario. 2009, c. 12, Sched. D, s. 16; 2021, c. 25, Sched. 19, s. 2; 2025, c. 22, Sched. 3, s. 9 (1). Same (3) In an application under section 92, the Board shall consider such reports, documents or other information as may be prescribed by the regulations. 2025, c. 22, Sched. 3, s. 9 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 66 - 01/08/2003 2009, c. 12, Sched. D, s. 16 - 09/09/2009 2021, c. 25, Sched. 19, s. 2 - 03/06/2021 2025, c. 22, Sched. 3, s. 9 (1, 2) - 11/12/2025 Lieutenant Governor in Council, order re electricity transmission line 96.1 (1) The Lieutenant Governor in Council may make an order declaring that the construction, expansion or reinforcement of an electricity transmission line specified in the order is needed as a priority project. 2015, c. 29, s. 16. Effect of order (2) When it considers an application under section 92 in respect of the construction, expansion or reinforcement of an electricity transmission line specified in an order under subsection (1), the Board shall accept that the construction, expansion or reinforcement is needed when forming its opinion under section 96. 2015, c. 29, s. 16. Obligations must be followed (3) Nothing in this section relieves a person from the obligation to obtain leave of the Board for the construction, expansion or reinforcement of an electricity transmission line specified in an order under subsection (1). 2015, c. 29, s. 16. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 16 - 04/03/2016 Directives, applications re certain natural gas lines 96.2 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council providing that if the construction of a proposed natural gas transmission or dual-purpose transmission and distribution line specified by the directive is the subject of an application under section 90, (a) the Board shall accept that it is in the public interest for such natural gas consumers as are specified in the directive to bear the full cost of the line; and (b) the Board may not require a contribution in aid of construction or surcharge to be paid by a natural gas consumer who will be connected to or served by the line. 2024, c. 10, s. 8 (1). Same (2) A directive issued under subsection (1) may specify one or more proposed natural gas transmission or dual-purpose transmission and distribution lines or classes of lines. 2024, c. 10, s. 8 (1). Ongoing applications (3) If it so provides, a directive issued under subsection (1) applies with respect to an application made but not finally determined before the day the directive is issued. 2024, c. 10, s. 8 (1).

Directives re certain Board orders (4) If, during the period referred to in subsection (5), the Board makes an order refusing to grant leave to construct a proposed natural gas transmission or dual-purpose transmission and distribution line or an order granting leave to construct such a line subject to a condition that a contribution in aid of construction by natural gas consumers is required, the Minister may issue, and the Board shall implement, a directive that has been approved by the Lieutenant Governor in Council, (a) requiring the Board to rescind the order and hold a new hearing of the application, in the manner specified in the directive; and (b) providing that clauses (1) (a) and (b) apply with respect to the new hearing. 2024, c. 10, s. 8 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 96.2 (4) is repealed. (See: 2024, c. 10, s. 8 (2)) Limitation (5) Subsection (4) applies with respect to orders made on or after February 22, 2024 and before January 1, 2025. 2024, c. 10, s. 8 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 96.2 (5) is repealed. (See: 2024, c. 10, s. 8 (2)) Procedural fairness does not apply (6) Neither the issuance or approval of a directive under this section nor any action taken by the Board to implement or comply with it is subject to any duty of procedural fairness, including any requirement to provide notice, reasons or an opportunity to make submissions. 2024, c. 10, s. 8 (1). Same (7) Subsection (6) applies despite the Statutory Powers Procedure Act and any other law. 2024, c. 10, s. 8 (1). Conflict (8) In the event of a conflict between a directive under this section and the Statutory Powers Procedure Act, the rules made by the Board under section 25.1 of that Act or an order of the Board or other instrument or document made or issued under this Act, the directive prevails to the extent of the conflict. 2024, c. 10, s. 8 (1). Publication (9) A directive issued under this section shall be published in The Ontario Gazette. 2024, c. 10, s. 8 (1). Not a regulation (10) For greater certainty, Part III (Regulations) of the Legislation Act, 2006 does not apply to directives issued under this section. 2024, c. 10, s. 8 (1). Section Amendments with date in force (d/m/y) 2024, c. 10, s. 8 (1) - 16/05/2024 ; 2024, c. 10, s. 8 (2) - not in force Condition, land-owner’s agreements 97 In an application under section 90, 91 or 92, leave to construct shall not be granted until the applicant satisfies the Board that it has offered or will offer to each owner of land affected by the approved route or location an agreement in a form approved by the Board. 1998, c. 15, Sched. B, s. 97. No leave if covered by licence 97.1 (1) In an application under section 92, leave shall not be granted to a person if a licence issued under Part V that is held by another person includes an obligation to develop, construct, expand or reinforce the line, or make the interconnection, that is the subject of the application. 2016, c. 10, Sched. 2, s. 16. (2) Repealed: 2025, c. 22, Sched. 3, s. 10. Section Amendments with date in force (d/m/y) 2016, c. 10, Sched. 2, s. 16 - 01/07/2016 2025, c. 22, Sched. 3, s. 10 - 11/12/2025 Leave in the procurement, selection context 97.2 (1) In an application under section 92, leave to construct, expand or reinforce an electricity transmission line or to make an interconnection shall not be granted to a person if, (a) the IESO has commenced, been directed to commence, or announced a future procurement process for the development, construction, expansion or reinforcement of that line or for the making of that interconnection, and the procurement process has not yet been completed or otherwise terminated; (b) the IESO has commenced, been directed to commence, or announced a future process to select a transmitter for the development, construction, expansion or reinforcement of that line or for the making of that interconnection, and the process has not yet been completed or otherwise terminated; (c) the IESO has completed a procurement process for the development, construction, expansion or reinforcement of that line or for the making of that interconnection, and the person is someone other than the person with whom the IESO has entered into a procurement contract respecting the development, construction, expansion, reinforcement or interconnection; or (d) the IESO has completed a process to select a transmitter for the development, construction, expansion or reinforcement of that line or for the making of that interconnection, and the person is someone other than the selected transmitter. 2016, c. 10, Sched. 2, s. 16. No hearing required (2) If the applicant in an application under section 92 is a person with whom the IESO has entered into a procurement contract respecting the development, construction, expansion, reinforcement of the line or the making of the interconnection, the Board may make an order under section 96 without holding a hearing. 2016, c. 10, Sched. 2, s. 16. Procurement contract (3) For the purposes of subsections (1) and (2), “procurement contract” has the same meaning as in the Electricity Act, 1998. 2016, c. 10, Sched. 2, s. 16. (4) Repealed: 2025, c. 22, Sched. 3, s. 11. Section Amendments with date in force (d/m/y) 2016, c. 10, Sched. 2, s. 16 - 01/07/2016 2025, c. 22, Sched. 3, s. 11 - 11/12/2025 Procurement contracts re transmission systems 97.3 (1) In an application under section 92, the Board shall accept as valid and not inquire into the basis of, (a) amounts payable under a procurement contract entered into under clause 25.32 (2) (d) of the Electricity Act, 1998, including the prices and costs provided for by the procurement contract, and any costs associated with the procurement contract; or (b) any procurement process relating to a procurement contract referred to in clause (a). 2019, c. 6, Sched. 1, s. 7. Same (2) For greater certainty, subsection (1) does not otherwise affect the making of a determination by the Board under section 96 with respect to the application. 2019, c. 6, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2019, c. 6, Sched. 1, s. 7 - 09/05/2019 Right to enter land 98 (1) The following persons may enter on land at the intended location of any part of a proposed work and may make such surveys and examinations as are necessary for fixing the site of the work: 1. Any person who has leave under this Part or a predecessor of this Part to construct the work. 2. Any person who is exempted under section 95 from the requirement to obtain leave to construct the work. 3. Where the proposed work is the expansion or reinforcement of a transmission or distribution system, any person who is required by the Board, pursuant to a condition of the person’s licence, to expand or reinforce the transmission or distribution system. 4. The officers, employees and agents of a person described in paragraph 1, 2 or 3. 2006, c. 33, Sched. X, s. 2 (1). (1.1) Repealed: 2020, c. 36, Sched. 34, s. 6 (1). Order, hydrocarbon line (2) The Board may, on application, issue an order authorizing a person and the officers, employees and agents of that person to enter on land at the intended location of any part of a proposed hydrocarbon line and to make such surveys and examinations as are necessary for fixing the site of the hydrocarbon line and as are specified in the order if, (a) the person has applied for leave under section 90 and has complied with section 94; or (b) the person has applied to the Board for an exemption from the requirements of subsection 90 (1) under section 95. 2020, c. 36, Sched. 34, s. 6 (1); 2024, c. 10, s. 9. Order, other works (3) Subject to subsection (4), the Board may, on application, issue an order authorizing a person and the officers, employees and agents of that person to enter on land intended for the proposed construction, expansion or reinforcement of an electricity distribution line or electricity transmission line or making of an interconnection, or for the development of any such proposed work, for any of the following purposes: 1. To gather field data and conduct tests to facilitate the preparation of an environmental assessment under the Environmental Assessment Act in relation to the proposed work, or to facilitate the preparation of an application for any other permit or approval required for the proposed work. 2. To determine the land required for the proposed construction, expansion, reinforcement or making of the work. 2020, c. 36, Sched. 34, s. 6 (1). Same (4) Subsection (3) applies if, (a) either of the following applies with respect to the proposed work: (i) proposed terms of reference for the preparation of an environmental assessment for the proposed work have been approved under subsection 17.4 (10) of the Environmental Assessment Act, or (ii) the applicant has issued an initial notification respecting the proposed work in accordance with the requirements of the document titled “Class Environmental Assessment for Minor Transmission Facilities”, as it is amended from time to time, that is published by and available from Hydro One Inc.; and Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 98 (4) (a) (ii) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 34, s. 6 (3)) (ii) the applicant has commenced, in accordance with the requirements of Part II.4 of the Environmental Assessment Act, the process for completing an environmental assessment under that Part; and (b) any other requirements that are prescribed by the regulations have been met. 2020, c. 36, Sched. 34, s. 6 (1, 2). Factors (5) In an application under subsection (3), the Board shall consider, (a) whether, before applying, the applicant made reasonable efforts to obtain consent for entry onto the land from the owner of the land; and (b) whether entry onto the land is needed for a purpose listed in subsection (3). 2020, c. 36, Sched. 34, s. 6 (1). Damages (6) Any damages resulting from an entry onto land carried out under subsection (1) or under an order made under subsection (2) or (3) shall be determined by agreement or, failing agreement, in the manner set out in section 100. 2020, c. 36, Sched. 34, s. 6 (1). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. X, s. 2 (1-3) - 22/02/2007 2020, c. 36, Sched. 34, s. 6 (1) - 08/12/2020; 2020, c. 36, Sched. 34, s. 6 (2) - 22/02/2024; 2020, c. 36, Sched. 34, s. 6 (3) - not in force 2024, c. 10, s. 9 - 01/07/2024 Expropriation 99 (1) The following persons may apply to the Board for authority to expropriate land for a work: 1. Any person who has leave under this Part or a predecessor of this Part. 2. Any person who intends to construct, expand or reinforce an electricity transmission line or an electricity distribution line or make an interconnection and who is exempted under this Act from the requirement to obtain leave. 1998, c. 15, Sched. B, s. 99 (1); 2023, c. 2, Sched. 6, s. 1. Hearing (2) The Board shall set a date for the hearing of the application, but the date shall not be earlier than 14 days after the date of the application. 1998, c. 15, Sched. B, s. 99 (2). Information to be filed (3) The applicant shall file with the Board a plan and description of the land required, together with the names of all persons having an apparent interest in the land. 1998, c. 15, Sched. B, s. 99 (3). (4) Repealed: 2003, c. 3, s. 67. Power to make order (5) If after the hearing the Board is of the opinion that the expropriation of the land is in the public interest, it may make an order authorizing the applicant to expropriate the land. 1998, c. 15, Sched. B, s. 99 (5). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 67 - 01/08/2003 2023, c. 2, Sched. 6, s. 1 - 22/03/2023 Determination of compensation 100 If compensation for damages is provided for in this Part and is not agreed on, the compensation shall be determined by the Ontario Land Tribunal under the Expropriations Act and, for the purpose, sections 26 and 29 of that Act apply with necessary modifications. 2021, c. 4, Sched. 6, s. 73 (2). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 73 (2) - 01/06/2021 Crossings with leave 101 (1) The following persons may apply to the Board for authority to construct a work upon, under or over a highway, utility line or ditch: 1. Any person who has leave to construct the work under this Part. 2. Any person who intends to construct the work and who is exempted under this Act from the requirement to obtain leave. 3. Where the proposed work is the expansion or reinforcement of a transmission or distribution system, any person who is required by the Board, pursuant to a condition of the person’s licence, to expand or reinforce the transmission or distribution system. 4. The officers, employees and agents of a person described in paragraph 1, 2 or 3. 2006, c. 33, Sched. X, s. 3; 2023, c. 2, Sched. 6, s. 2. Procedure (2) The procedure set out in subsections 99 (1) to (4) applies with necessary modifications to an application under this section. 1998, c. 15, Sched. B, s. 101 (2). Order (3) Without any other leave and despite any other Act, if after the hearing the Board is of the opinion that the construction of the work upon, under or over a highway, utility line or ditch is in the public interest, it may make an order authorizing the construction upon such conditions as it considers appropriate. 1998, c. 15, Sched. B, s. 101 (3). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. X, s. 3 - 22/02/2007 2023, c. 2, Sched. 6, s. 2 - 22/03/2023 Right to compensation for damages 102 Any person who has acquired land for a work under this Part by agreement with the owner of the land shall pay to the owner due compensation for any damages resulting from the exercise of the person’s rights under the agreement and, if the compensation is not agreed upon, it shall be determined in the manner set out in section 100. 1998, c. 15, Sched. B, s. 102. Entry upon land 103 (1) Any person may at any time enter upon land, without the consent of the owner of the land, for the purpose of inspecting, altering, maintaining, repairing, renewing, disconnecting, replacing or removing a work or part of a work where leave for the construction, expansion or reinforcement of the work or the making of an interconnection was granted under this Part or a predecessor of this Part. 1998, c. 15, Sched. B, s. 103 (1). Compensation (2) Compensation for any damages resulting from the exercise of a right under subsection (1), if not agreed upon by the person and the owner of the land, shall be determined in the manner set out in section 100. 1998, c. 15, Sched. B, s. 103 (2). Non-application, Public Utilities Act, s. 58 104 If leave to construct a work has been granted under this Part, section 58 of the Public Utilities Act does not apply to that work. 1998, c. 15, Sched. B, s. 104. Part VI.1 Electricity Infrastructure Definitions 104.1 In this Part, “development” includes the expansion or reinforcement of existing electricity infrastructure; (“aménagement”) “electricity infrastructure” means a distribution system, a transmission system and any related structure, system, equipment, facility or other thing that may be prescribed by the regulations. (“infrastructure de l’électricité”) 2021, c. 2, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 7 - 01/01/2022 Application 104.2 This Part applies with respect to, (a) prescribed uses of or access to electricity infrastructure that are wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity, by persons or entities prescribed by the regulations; and (b) prescribed development of electricity infrastructure that is wholly or partly for the purpose of providing for or otherwise enabling electricity infrastructure use or access that is wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity. 2021, c. 2, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 7 - 01/01/2022 Regulations 104.3 (1) The Lieutenant Governor in Council may make regulations governing the development of, use of or access to electricity infrastructure for the purposes of this Part, including, (a) for the purposes of section 104.2 and the application of this Part, (i) specifying or otherwise determining uses of and access to electricity infrastructure that are wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity, including, for greater certainty, anticipated or otherwise prospective uses and access, (ii) specifying or otherwise determining development of electricity infrastructure that is wholly or partly for the purpose of providing for or otherwise enabling electricity infrastructure use or access that is wholly or partly for a purpose other than the generation, transmission, distribution, consumption, sale or demand management of electricity, including, for greater certainty, in relation to anticipated or otherwise prospective uses or access, and (iii) prescribing persons and entities; (b) prescribing powers and duties of the Board in relation to the development of, use of and access to electricity infrastructure to which this Part applies, and governing the exercise of those powers and performance of those duties; (c) requiring the Board to amend conditions in licences issued under Part V to a transmitter, distributor or other prescribed person respecting the development of, use of or access to electricity infrastructure to which this Part applies, and specifying and governing the conditions; (d) governing charges or costs for the development of, use of or access to electricity infrastructure to which this Part applies and governing the amounts of the charges or costs, including fixing the amounts, setting maximum or minimum amounts or prescribing methods or techniques for determining amounts or maximum or minimum amounts; (e) requiring a transmitter, distributor or other prescribed person licensed under Part V to make arrangements with other parties or take any other steps, including entering into contracts, in relation to charges or costs referred to in clause (d) or otherwise in relation to the development of, use of or access to electricity infrastructure to which this Part applies; (f) specifying provisions that must be included in contracts or other arrangements entered into by a transmitter, distributor or other prescribed person licensed under Part V in relation to the development of, use of or access to electricity infrastructure to which this Part applies, whether those contracts or other arrangements are required by regulations made under clause (e) or otherwise; (g) specifying, with respect to a matter relating to the development of, use of or access to electricity infrastructure to which this Part applies, whether the Board is to hold a hearing, the circumstances under which a hearing may or may not be held and, if a hearing is to be held, the type of hearing to be held; (h) requiring or directing the Board to require a transmitter, distributor or other prescribed person licensed under Part V to develop any specified aspect of its electricity infrastructure to which this Part applies, in a specified time and manner; (i) governing the preparation or implementation of capital plans respecting the development of, use of or access to electricity infrastructure to which this Part applies by a transmitter, distributor or other prescribed person licensed under Part V, including, (i) requiring or directing the Board to require the preparation or implementation of such capital plans, and (ii) determining or directing the Board to determine requirements that the capital plans must meet, including that they contain specified information or be prepared or implemented by a specified time or in a specified manner; (j) governing performance standards relating to the development of, use of or access to electricity infrastructure to which this Part applies, including establishing or directing the Board to establish such performance standards; (k) governing the provision of information or reports respecting the development of, use of or access to electricity infrastructure to which this Part applies by a licensed transmitter or distributor or any other prescribed person, including, (i) requiring or directing the Board to require the provision of such information or reports, and (ii) determining or directing the Board to determine the information or reports that must be provided and the time and manner of the provision; (l) for the purposes of the payment of compensation under section 104.4, (i) governing amounts payable to a transmitter, distributor or other prescribed person licensed under Part V under that section, including prescribing methods or techniques for calculating or determining the amounts, (ii) requiring the IESO to receive payments made by the Minister under that section and to make payments to a transmitter, distributor or other prescribed person licensed under Part V, and (iii) requiring a transmitter, distributor or other prescribed person licensed under Part V to receive payments referred to in subclause (ii) or to participate in prescribed methods for receiving such payments; (m) respecting anything that, in this Part, is described as being prescribed or that may or must be done by the regulations; (n) providing that a provision of any other Part of this Act does not apply with respect to a matter to which this Part applies, or otherwise modifying the application of a provision of any other Part of the Act that applies with respect to a matter to which this Part applies; (o) governing transitional matters arising from the enactment or application of this Part, including in relation to contracts or agreements respecting the development of, use of or access to electricity infrastructure that exist when this Part begins to apply to the development, use or access. 2021, c. 2, Sched. 2, s. 7. Licence conditions (2) Regulations made under clause (1) (c) may provide for licence conditions pertaining to any matter respecting the development of, use of or access to electricity infrastructure to which this Part applies, including, for greater certainty, respecting matters prescribed under clauses (1) (d), (e), (f), (h), (i), (j), (k) and (l). 2021, c. 2, Sched. 2, s. 7. General or particular (3) A regulation made under subsection (1) may be general or particular in its application, and may provide for different classes of development, use, access, electricity infrastructure, transmitters, distributors, other persons or entities or any other thing. 2021, c. 2, Sched. 2, s. 7. Retroactive (4) A regulation made under subsection (1) is, if it so provides, effective with respect to a period before it is filed. 2021, c. 2, Sched. 2, s. 7. Adoption by reference (5) A regulation made under subsection (1) may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any document, including a code, formula, standard, protocol or procedure, and may require compliance with any document so adopted. 2021, c. 2, Sched. 2, s. 7. Publication (6) Documents adopted in accordance with subsection (5) shall be published on the Board’s website and made publicly available in any other manner the Board considers advisable. 2021, c. 2, Sched. 2, s. 7. Conflict (7) In the event of a conflict between a regulation made under subsection (1) and any other Part of this Act, the regulations, any other Act or regulation that is prescribed by the regulations, an order of the Board or a code issued under section 70.1, the regulation made under subsection (1) prevails to the extent of the conflict. 2021, c. 2, Sched. 2, s. 7. Operation unaffected (8) For greater certainty, subject to clause (1) (n) and subsection (7), an Act, regulation or other instrument that applies with respect to the development of, use of or access to electricity infrastructure continues to apply with respect to the development of, use of and access to electricity infrastructure to which this Part applies. 2021, c. 2, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 7 - 01/01/2022 Compensation 104.4 (1) The Minister may make payments of such amounts as may be determined by the regulations in order to compensate a transmitter, distributor or other prescribed person licensed under Part V for any lost revenue arising from the application of this Part or the regulations. 2021, c. 2, Sched. 2, s. 7. Same (2) Compensation provided for under subsection (1) shall be paid for out of the money appropriated by the Legislature for the purposes of that subsection. 2021, c. 2, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 7 - 01/01/2022 Board objectives, electricity infrastructure 104.5 The Board, in exercising powers and performing duties for the purposes of this Part, shall be guided by the following objectives, in addition to the other Board objectives set out in this Act: 1. To facilitate the efficient development of, use of and access to electricity infrastructure to which this Part applies. 2. Any other objective that may be prescribed by the regulations in relation to the development of, use of and access to electricity infrastructure to which this Part applies or any specified class of such development, use or access. 2021, c. 2, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 2, Sched. 2, s. 7 - 01/01/2022 PART VII inspectors and inspections Board receives complaints and makes inquiries 105 The Board may, (a) receive complaints concerning conduct that may be in contravention of an enforceable provision whether the conduct constitutes an offence or not; and (b) make inquiries, gather information and attempt to mediate or resolve complaints, as appropriate, concerning any matter that comes to its attention that may be in contravention of an enforceable provision whether the matter constitutes an offence or not. 2010, c. 8, s. 38 (22). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 68 - 01/08/2003 2010, c. 8, s. 38 (22) - 01/01/2011 Inspectors 106 (1) The chief executive officer may appoint persons to exercise and perform the powers and duties of an inspector under this Part. 2003, c. 3, s. 69; 2019, c. 6, Sched. 2, s. 22 (1). Certificate of appointment (2) The Board shall issue to every inspector a certificate of appointment bearing the signature of the chief executive officer or a facsimile of his or her signature. 2010, c. 8, s. 38 (23); 2019, c. 6, Sched. 2, s. 22 (2). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 12 (1, 2) - 27/06/2002 2003, c. 3, s. 69 - 01/08/2003 2010, c. 8, s. 38 (23) - 01/01/2011 2019, c. 6, Sched. 2, s. 22 (1, 2) - 01/10/2020 Power to require documents, etc. 107 (1) An inspector may, for the purposes of this Act and any other Act that gives powers or duties to the Board, require any of the following persons to provide documents, records or information: 1. A person required to have a licence under section 48 or 57. 1.1 An affiliate, agent or employee of a gas marketer or retailer of electricity. 2. A gas distributor, gas transmitter or gas storage company or an affiliate of a gas transmitter, gas distributor or gas storage company. 3. An affiliate of a person required to have a licence under clause 57 (a) or (b). 4. A person exempted from the requirements of clause 57 (a) by regulation. 5. A person exempted from the requirements of clause 57 (b) by regulation. 6. A person exempted from the requirements of section 48 by regulation. 7. An affiliate, agent or employee of a person referred to in paragraph 4. 8. A person who is subject to an exemption under section 57.1. 9. An affiliate, agent or employee of a person referred to in paragraph 8. 2003, c. 3, s. 70; 2010, c. 8, s. 38 (24); 2023, c. 9, Sched. 24, s. 7. Application of subs. (1) (2) Subsection (1) only applies to documents, records and information that relate to the following: 1. Activities for which a licence is required under section 48 or 57. 1.1 The persons who are required to have a licence under section 48 or 57 and their affiliates, agents and employees. 1.2 Activities for which a licence is required under subsection 88.2 (1). 1.3 The persons who are required to have a licence under subsection 88.2 (1). 2. Gas distribution, gas transmission or gas storage, including the sale of gas by a gas distributor. 3. Transactions between a gas distributor, gas transmitter or gas storage company and its affiliates. 4. Transactions between a person required to have a licence under clause 57 (a) or (b) and its affiliates. 5. Adjustments, payments, set-offs and credits under section 25.33 of the Electricity Act, 1998 and under the regulations made under clause 114 (1.3) (f) of that Act. 6. Payments under sections 78.1, 78.2 and 78.5. 2004, c. 23, Sched. B, s. 32; 2009, c. 12, Sched. D, s. 17; 2010, c. 8, s. 38 (25); 2014, c. 7, Sched. 23, s. 14. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 70 - 01/08/2003 2004, c. 23, Sched. B, s. 32 - 01/01/2005 2009, c. 12, Sched. D, s. 17 - 09/09/2009 2010, c. 8, s. 38 (24, 25) - 01/01/2011 2014, c. 7, Sched. 23, s. 14 - 01/01/2015 2023, c. 9, Sched. 24, s. 7 - 08/06/2023 Inspections 108 (1) An inspector may, for the purposes of this Act and any other Act that gives powers or duties to the Board, without a warrant or court order, at any reasonable time and with any reasonable assistance, conduct inspections and, for that purpose, the inspector may, (a) enter any place that the inspector reasonably believes is likely to contain documents or records related to any of the activities referred to in subsection 107 (2); or (b) enter any place where anything is being done that requires an order of the Board granting leave under Part VI. 2003, c. 3, s. 71 (1). Same (2) During an inspection under subsection (1), an inspector may, (a) examine, record or copy any document or record, in any form, by any method; (b) require any document or record that is required to be kept under this Act to be provided, in any form, and require any other document or record related to the purposes of the inspection to be provided, in any form; (c) remove from a place documents or records, in any form, that are provided under clause (b) for the purpose of making copies; (d) examine anything that is being done that requires an order of the Board granting leave under Part VI; (e) make reasonable inquiries of any person, orally or in writing. 2003, c. 3, s. 71 (2). Identification (3) In conducting an inspection under this section, the inspector shall, upon request, produce his or her certificate of appointment. 2010, c. 8, s. 38 (26). Duty to assist (4) In exercising powers under this section, the inspector may require a person described in subsection 107 (1) or its officers, directors or employees to give all reasonable assistance to the inspector. 2003, c. 3, s. 71 (4). Copying (5) The inspector may, on giving a receipt, remove any document or record described in subsection (2) for the purpose of making copies or extracts and shall promptly return the document or record and obtain a written acknowledgment of its return. 2003, c. 3, s. 71 (4). Documents in electronic form (6) If a document or record is kept in electronic form, the inspector may make a copy of it or require that a copy of it be provided to him or her on paper or in a machine-readable medium or both. 1998, c. 15, Sched. B, s. 108 (6); 2003, c. 3, s. 71 (5); 2010, c. 8, s. 38 (27). Evidence (7) Copies or extracts from documents or records removed under this section and certified as being true copies or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals. 1998, c. 15, Sched. B, s. 108 (7). Dwellings (8) This section does not authorize a person to enter a room or place actually used as a dwelling without the consent of the occupier except under the authority of a warrant issued under subsection (9). 1998, c. 15, Sched. B, s. 108 (8). Warrant (9) A justice of the peace may issue a warrant authorizing a person named in the warrant to enter a place identified in the warrant and exercise the powers given under this section if the justice of the peace is satisfied by information on oath that, (a) there is reasonable ground to believe that, (i) there are documents or records located in the place that are relevant to the carrying out of an inspection, or (ii) anything is being done in the place that requires an order of the Board granting leave under Part VI; and (b) entry to the place has been or will be denied. 2003, c. 3, s. 71 (6). Same (10) A warrant issued under this section shall, (a) specify the hours and days during which it may be executed; and (b) name a date on which it expires, which date shall not be later than 15 days after its issue. 1998, c. 15, Sched. B, s. 108 (10). Extension (11) Upon application without notice by the person named in a warrant, a justice of the peace may, before or after the warrant expires, extend the date on which the warrant expires for an additional period of not more than 15 days. 1998, c. 15, Sched. B, s. 108 (11). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 13 - 27/06/2002 2003, c. 3, s. 71 (1-6) - 01/08/2003 2010, c. 8, s. 38 (26, 27) - 01/01/2011 Notifying Board 109 An inspector shall notify the Board of all matters he or she thinks relevant to Board proceedings or possible future Board proceedings. 1998, c. 15, Sched. B, s. 109; 2003, c. 3, s. 72. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 72 - 01/08/2003 Evidence, Board proceedings Witnesses 110 (1) An inspector may be called as a witness by the Board in any Board proceeding. 1998, c. 15, Sched. B, s. 110 (1); 2003, c. 3, s. 73 (1). No privilege (2) No document, record or copy thereof obtained by an inspector under section 107 or 108, and no information obtained by an inspector under section 107, shall be excluded as evidence on the ground of privilege in any Board proceeding. 2003, c. 3, s. 73 (2). Notice (3) No document, record or copy thereof obtained by an inspector under section 107 or 108, and no information obtained by an inspector under section 107, that is not otherwise public, including being made public by reason of publication under section 111.1, shall be introduced in evidence in a Board proceeding unless, (a) the Board gives the owner of the document or record or the person who provided the information notice that the inspector intends to introduce the evidence; and (b) the Board gives the owner of the document or record or the person who provided the information an opportunity to make representations with respect to the intended introduction of that evidence. 2003, c. 3, s. 73 (3); 2017, c. 2, Sched. 10, s. 2 (9). (4) Repealed: 2003, c. 3, s. 73 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (8, 9) - 06/12/2000 2003, c. 3, s. 73 (1-3) - 01/08/2003 2017, c. 2, Sched. 10, s. 2 (9) - 22/03/2017 Confidentiality 111 (1) All documents and records obtained by an inspector under section 107 or 108, and information obtained by an inspector under section 107, are confidential and shall not be disclosed to any person other than a member of the Board or an employee of the Board except, (a) as may be required in connection with the administration of this Act or any other Act that gives powers or duties to the Board or in any proceeding under this or any other Act that gives powers or duties to the Board; (b) to counsel for the Board or an employee of the Board; (c) with the consent of the owner of the document or record or the person who provided the information; or (d) in accordance with an agreement described in subsection (3). 2003, c. 3, s. 74; 2015, c. 29, s. 17 (1). Same (2) If any document, record or information obtained by an inspector under section 107 or 108 that is not otherwise public, including being made public by reason of publication under section 111.1, is admitted in evidence in a proceeding under this Act or any other Act that gives powers or duties to the Board, the Board may rule on whether the document, record or information is to be kept confidential. 2017, c. 2, Sched. 10, s. 2 (10). Agreements re information-sharing (3) The Board may enter into an agreement with the Electrical Safety Authority providing for the sharing of documents, records and information that are described in subsection (1) and are relevant to the objects of the Electrical Safety Authority. 2015, c. 29, s. 17 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 74 - 01/08/2003 2015, c. 29, s. 17 (1, 2) - 04/03/2016 2017, c. 2, Sched. 10, s. 2 (10) - 22/03/2017 Publication of inspection reports 111.1 (1) Despite section 111 but subject to subsection (2), the Board may publish a document, record or information obtained by an inspector under section 107 or 108 as part of a report that describes an inspection conducted under this Part and the results or findings of the inspection. 2017, c. 2, Sched. 10, s. 2 (11). Non-publication of confidential material (2) The Board shall not publish a document, record or information under subsection (1) that is not otherwise public unless the Board gives the owner of the document or record or the person who provided the document, record or information an opportunity to make representations with respect to the intended publication. 2017, c. 2, Sched. 10, s. 2 (11). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 10, s. 2 (11) - 22/03/2017 Evidence 112 No document, record or information obtained by an inspector under this Part that is not otherwise public, including being made public by reason of publication under section 111.1, is admissible in evidence in any proceeding except a proceeding in respect of an order of the Board or a proceeding in respect of an offence under section 126. 2017, c. 2, Sched. 10, s. 2 (12). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (10) - 06/12/2000 2003, c. 3, s. 75 - 01/08/2003 2017, c. 2, Sched. 10, s. 2 (12) - 22/03/2017 PART VII.0.1 investigators and investigations Investigators 112.0.1 (1) The chief executive officer may appoint persons to exercise and perform the powers and duties of an investigator under this Part and Part IX. 2010, c. 8, s. 38 (28); 2019, c. 6, Sched. 2, s. 23 (1). Certificate of appointment (2) The chief executive officer shall issue to every investigator a certificate of appointment bearing the chief executive officer’s signature or a facsimile of his or her signature. 2019, c. 6, Sched. 2, s. 23 (2). Production of certificate of appointment (3) Every investigator who is conducting an investigation shall, upon request, produce his or her certificate of appointment. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011 2019, c. 6, Sched. 2, s. 23 (1, 2) - 01/10/2020 Search warrant 112.0.2 (1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant if he or she is satisfied on information under oath that there is reasonable ground for believing that, (a) a person has contravened or is contravening an enforceable provision; and (b) there is, (i) in any building, dwelling, receptacle or place anything relating to the contravention of an enforceable provision, or (ii) information or evidence relating to the contravention of an enforceable provision that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. 2010, c. 8, s. 38 (28). Powers under warrant (2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator, (a) to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant; (b) to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form; (c) to exercise any of the powers specified in subsection (10); and (d) to use any investigative technique or procedure or do anything described in the warrant. 2010, c. 8, s. 38 (28). Entry of dwelling (3) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless, (a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and (b) the justice of the peace authorizes the entry into the dwelling. 2010, c. 8, s. 38 (28). Conditions on a warrant (4) A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances. 2010, c. 8, s. 38 (28). Expert help (5) The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant. 2010, c. 8, s. 38 (28). Time of execution (6) An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise. 2010, c. 8, s. 38 (28). Expiry of warrant (7) A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator. 2010, c. 8, s. 38 (28). Use of force (8) An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant. 2010, c. 8, s. 38 (28). Obstruction (9) No person shall obstruct an investigator executing a warrant under this section or withhold from him or her or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant. 2010, c. 8, s. 38 (28). Assistance (10) An investigator may, in the course of executing a warrant, require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant and the person shall produce the evidence or information or provide the assistance. 2010, c. 8, s. 38 (28). Return of seized items (11) An investigator who seizes any thing under this section or under section 112.0.3 may make a copy of it and shall return it within a reasonable time. 2010, c. 8, s. 38 (28). Admissibility (12) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011 Seizure of thing not specified 112.0.3 An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of an enforceable provision. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011 Searches in exigent circumstances 112.0.4 (1) An investigator may exercise any of the powers described in subsection 112.0.2 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant. 2010, c. 8, s. 38 (28). Dwelling (2) Subsection (1) does not apply to a place or part of a place that is being used as a dwelling. 2010, c. 8, s. 38 (28). Use of force (3) The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary. 2010, c. 8, s. 38 (28). Application of s. 112.0.2 (4) Subsections 112.0.2 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011 Witnesses 112.0.5 (1) An investigator may be called as a witness by the Board in any Board proceeding. 2010, c. 8, s. 38 (28). Notice (2) No document, record or copy of one obtained by an investigator under a warrant obtained under section 112.0.2 or obtained without a warrant under the circumstances referred to in section 112.0.4 and no information obtained by an investigator under such a warrant or under the circumstances referred to in section 112.0.4 shall be introduced in evidence in a Board proceeding unless, (a) the Board gives the owner of the document or record or the person who provided the information notice that the investigator intends to introduce the evidence; and (b) the Board gives the owner of the document or record or the person who provided the information an opportunity to make representations with respect to the intended introduction of that evidence. 2010, c. 8, s. 38 (28). Same (3) No thing seized under section 112.0.3 and no information obtained by an investigator under such a seizure shall be introduced in evidence in a Board proceeding unless, (a) the Board gives the owner of the thing or the person who provided the thing notice that the investigator intends to introduce the evidence; and (b) the Board gives the owner of the thing or the person who provided the thing an opportunity to make representations with respect to the intended introduction of that evidence. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011 Confidentiality 112.0.6 (1) All documents and records obtained by an investigator under this Part or Part IX are confidential and shall not be disclosed to any person other than a member of the Board or an employee of the Board except, (a) as may be required in connection with the administration of this Act or any other Act that gives powers or duties to the Board or in any proceeding under this or any other Act that gives powers or duties to the Board; (b) to counsel for the Board or an employee of the Board; or (c) with the consent of the owner of the document or record or the person who provided the information. 2010, c. 8, s. 38 (28). Same (2) If any document, record or information obtained by an investigator under this Part or Part IX is admitted in evidence in a proceeding under this Act or any other Act that gives powers or duties to the Board, the Board may rule on whether the document, record or information is to be kept confidential. 2010, c. 8, s. 38 (28). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (28) - 01/01/2011 Part vii.1 compliance 112.1 Repealed: 2010, c. 8, s. 38 (29). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 2004, c. 23, Sched. B, s. 33 - 01/01/2005 2006, c. 3, Sched. C, s. 7 - 03/05/2006 2010, c. 8, s. 38 (29) - 01/01/2011 Procedure for orders under ss.

112.3 to 112.5 112.2 (1) An order under section 112.3, 112.4 or 112.5 may only be made on the Board’s own motion. 2003, c. 3, s. 76. Notice (2) The Board shall give written notice to a person that it intends to make an order under section 112.3, 112.4 or 112.5. 2003, c. 3, s. 76. Contents of notice (3) Notice under subsection (2) shall set out the reasons for the proposed order and shall advise the person that, within 15 days after receiving the notice, the person may give notice requiring the Board to hold a hearing. 2003, c. 3, s. 76. Service of notice or order (3.1) Any notice or order required to be given or served by the Board under this Part or Part VII.2 is sufficiently given or served if, (a) delivered personally; (b) sent by registered mail; or (c) sent by another manner, if the Board can prove receipt of the notice or order. 2010, c. 8, s. 38 (30). Deemed service (3.2) Where service is made by registered mail, the service is deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date. 2010, c. 8, s. 38 (30). Exception (3.3) Despite subsection (3.1), the Board may order any other method of service. 2010, c. 8, s. 38 (30). Hearing (4) A person to whom notice is given under subsection (2) may, within 15 days after receiving the notice, give notice to the Board requiring the Board to hold a hearing. 2003, c. 3, s. 76. If hearing not required (5) If no notice requiring a hearing is given within the time permitted by subsection (4), the Board may make an order. 2003, c. 3, s. 76. Interim orders under s. 112.3 (6) An interim order of the Board may be made under section 112.3, with or without a hearing, and may take effect before the time for giving notice under subsection (4) has expired. 2003, c. 3, s. 76. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 2010, c. 8, s. 38 (30) - 01/01/2011 Action required to comply, etc. 112.3 (1) If the Board is satisfied that a person has contravened or is likely to contravene an enforceable provision, the Board may make an order requiring the person to comply with the enforceable provision and to take such action as the Board may specify to, (a) remedy a contravention that has occurred; or (b) prevent a contravention or further contravention of the enforceable provision. 2003, c. 3, s. 76. Application (2) This section applies to contraventions that occur before or after this section comes into force. 2003, c. 3, s. 76. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 Suspension or revocation of licences 112.4 (1) If the Board is satisfied that a person who holds a licence under Part IV or V has contravened an enforceable provision, the Board may make an order suspending or revoking the licence. 2003, c. 3, s. 76. Application (2) This section applies to contraventions that occur before or after this section comes into force. 2003, c. 3, s. 76. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 Administrative penalties 112.5 (1) If the Board is satisfied that a person has contravened an enforceable provision, the Board may, subject to the regulations under subsection (5), make an order requiring a person to pay an administrative penalty in the amount set out in the order for each day or part of a day on which the contravention occurred or continues. 2003, c. 3, s. 76. Purpose (1.1) The purpose of an administrative penalty is to promote compliance with the requirements established by this Act and the regulations. 2010, c. 8, s. 38 (31). Limitation (2) The Board shall not make an order under subsection (1) in respect of a contravention later than two years after the later of, (a) the day the contravention occurred; and (b) the day on which the evidence of the contravention first came to the attention of the Board. 2003, c. 3, s. 76. Amount of penalty, limited (3) An administrative penalty in respect of a contravention shall not exceed $1,000,000 for each day or part of a day on which the contravention occurs or continues. 2003, c. 3, s. 76; 2015, c. 29, s. 18 (1). Limits on administrative penalty (3.1) Despite the maximum administrative penalty set out in subsection (3), but subject to subsection (3.2), the amount of an administrative penalty set by the Board pursuant to subsection (3) may not exceed the maximum fine applicable to the person under section 126 for the contravention had a proceeding been commenced under that section. 2015, c. 29, s. 18 (2). Increasing administrative penalty by amount of monetary benefit (3.2) Despite anything else in this section, the Board may increase the administrative penalty that the person is required to pay by an amount equal to the monetary benefit that was acquired by, or that accrued to, the person as result of the contravention. 2015, c. 29, s. 18 (2). No offence to be charged if penalty is paid (4) If a person who is required by an order under subsection (1) to pay an administrative penalty in respect of a contravention pays the amount of the penalty in accordance with the order, the person shall not be charged with an offence in respect of the contravention. 2003, c. 3, s. 76. Regulations (5) The Lieutenant Governor in Council may make regulations, (a) specifying types of contraventions in respect of which an order may not be made under this section and circumstances when the Board shall not make an order under this section; (b) governing the determination of the amounts of administrative penalties, including the criteria to be considered and including providing for different amounts depending on when an administrative penalty is paid; (c) respecting any other matter necessary for the administration of the system of administrative penalties provided for by this section. 2003, c. 3, s. 76. General or particular (6) A regulation under subsection (5) may be general or particular in its application. 2003, c. 3, s. 76. Application (7) Subject to subsection (8), this section applies to contraventions that occur before or after this section comes into force. 2003, c. 3, s. 76. Same (8) This section does not apply to a contravention that occurred before this section came into force unless, at the time it occurred, section 125.2 was in force and a notice could have been issued in respect of the contravention under that section. 2003, c. 3, s. 76. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 2010, c. 8, s. 38 (31) - 01/01/2011 2015, c. 29, s. 18 (1, 2) - 04/03/2016 Restraining orders 112.6 The Board may apply to the Superior Court of Justice for an order directing a person not to contravene an enforceable provision, and the court may make that order or such other order as the court considers just. 2003, c. 3, s. 76. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 Voluntary compliance 112.7 (1) A person may give the Board a written assurance of voluntary compliance, (a) to refrain from contravening an enforceable provision specified in the assurance; (b) to take such action as is specified in the assurance to remedy a contravention of an enforceable provision; or (c) to take such action as is specified in the assurance to prevent a contravention of an enforceable provision. 2003, c. 3, s. 76. Force and effect (2) An assurance of voluntary compliance has the same force and effect as an order of the Board. 2003, c. 3, s. 76. (3) Repealed: 2010, c. 8, s. 38 (32). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 76 - 01/08/2003 2010, c. 8, s. 38 (32) - 01/01/2011 Public record 112.8 (1) The Board shall maintain a public record of, (a) assurances of voluntary compliance given under this Act; (b) compliance orders issued under this Act; (c) orders made under section 112.10; (d) any other prescribed document or information. 2010, c. 8, s. 38 (33). Orders (2) The Board may by order require the payment of fees for the inspection of public records maintained under subsection (1) and may approve the amount of those fees. 2010, c. 8, s. 38 (33). Same (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (2). 2010, c. 8, s. 38 (33). Form and manner of public record (4) The public record maintained under subsection (1) shall be maintained by the Board in such form or manner as may be prescribed by regulation. 2010, c. 8, s. 38 (33). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (33) - 01/01/2011 Part vii.2 compliance re Part II of the Energy Consumer Protection Act, 2010 Application 112.9 (1) This Part applies in respect of enforceable provisions referred to in clause (b) of the definition of “enforceable provision” in section 3. 2010, c. 8, s. 38 (34). Same (2) This Part applies in addition to Part VII.1. 2010, c. 8, s. 38 (34). Definitions (3) For the purposes of this Part, “consumer” has the same meaning as in Part II of the Energy Consumer Protection Act, 2010; (“consommateur”) “supplier” has the same meaning as in Part II of the Energy Consumer Protection Act, 2010. (“fournisseur”) 2010, c. 8, s. 38 (34). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (34) - 01/01/2011 Freeze order 112.10 (1) If the conditions in subsection (2) are met, the Board may make an application to the Superior Court of Justice for, (a) an order requiring any person having on deposit or controlling any assets or trust funds of a supplier or former supplier to hold those funds or assets; (b) an order requiring a supplier or former supplier to refrain from withdrawing any asset or trust fund from a person having them on deposit or controlling them; or (c) an order requiring a supplier or former supplier to hold any asset or trust fund of an energy consumer or other person in trust for the person entitled to it. 2010, c. 8, s. 38 (34). Conditions (2) The Board may make an application under subsection (1) if it believes that it is advisable for the protection of consumers and, (a) a search warrant has been issued under this Act; (b) an order has been made under section 112.3 or 112.11; or (c) there has been an assurance of voluntary compliance under section 112.7 or 112.12. 2010, c. 8, s. 38 (34). Person engaged in unfair practice (3) Subsections (1) and (2) apply with necessary modifications to any person, whether or not the person is or was a supplier, if the person has engaged or is engaging in unfair practices under the Energy Consumer Protection Act, 2010. 2010, c. 8, s. 38 (34). Limitation (4) In the case of a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020 or a loan or trust corporation, the order under subsection (1) applies only to the offices and branches named in the order. 2010, c. 8, s. 38 (34); 2020, c. 36, Sched. 7, s. 329. Release of assets (5) The court may consent to the release of any particular asset or trust fund from the order or may wholly revoke the order. 2010, c. 8, s. 38 (34). Exception (6) Subsection (1) does not apply if, prior to the Board obtaining an order under that subsection, the person files with the Board, in such manner and amount as the Board determines, (a) a personal bond accompanied by collateral security; (b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance; (c) a bond of a guarantor accompanied by collateral security; or (d) another form of security prescribed by regulation. 2010, c. 8, s. 38 (34). Application to court (7) An application may be made to the Superior Court of Justice for a determination in respect of the disposition of an asset or trust fund, (a) by a person in receipt of an order under subsection (1), if that person is in doubt as to whether the order applies to the asset or trust fund; or (b) by a person who claims an interest in the asset or trust fund subject to the order. 2010, c. 8, s. 38 (34). Notice (8) If an order is made under this section, the Board may register in the appropriate land registry office a notice that an order under subsection (1) has been issued and that the order may affect land belonging to the person referred to in the notice and the notice has the same effect as the registration of a certificate of pending litigation except that the Board may in writing revoke or modify the notice. 2010, c. 8, s. 38 (34). Cancellation or discharge application (9) A person in respect of whom an order has been made under subsection (1) or any person having an interest in land in respect of which a notice is registered under subsection (8) may apply to the Superior Court of Justice for cancellation in whole or in part of the order or for discharge in whole or in part of the registration. 2010, c. 8, s. 38 (34). Disposition by court (10) The Superior Court of Justice shall dispose of the application after a hearing and may cancel the order or discharge the registration in whole or in part, if the court finds, (a) that the order or registration is not required in whole or in part for the protection of consumers or of other persons having an interest in the land; or (b) that the interests of other persons are unduly prejudiced by the order or registration. 2010, c. 8, s. 38 (34). Court application (11) If the court has made an order under subsection (1) or the Board has registered a notice under subsection (8), the Board may apply to the court for directions or an order relating to the disposition of assets, trust funds or land affected by the order or notice. 2010, c. 8, s. 38 (34). Notice not required (12) An application by the Board under this section may be made without notice to any other person. 2010, c. 8, s. 38 (34). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (34) - 01/01/2011 2020, c. 36, Sched. 7, s. 329 - 01/03/2022 Order for immediate compliance 112.11 (1) Without limiting the generality of section 112.3, the Board may make an order requiring immediate compliance with an enforceable provision and, subject to subsection (2), such an order takes effect immediately. 2010, c. 8, s. 38 (34). Notice of order (2) If the Board makes an order for immediate compliance, it shall serve on the person named in the order a notice that includes, (a) the order; (b) the written reasons for making the order; and (c) a statement that the person is entitled to a hearing by the Board if the person mails or delivers to the Board, within 15 days after the notice is served, notice in writing requiring a hearing. 2010, c. 8, s. 38 (34). Hearing (3) When a person named in the order requires a hearing in accordance with the notice under subsection (2), the Board shall hold the hearing and may confirm or set aside the order or make such other order as the Board considers proper to give effect to the purposes of Part II of the Energy Consumer Protection Act, 2010. 2010, c. 8, s. 38 (34). Expiration of order (4) If a hearing by the Board is required, (a) the order expires 15 days after the written request for a hearing is received by the Board; or (b) the Board may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period referred to in clause (a). 2010, c. 8, s. 38 (34). Same (5) Despite subsection (4), if it is satisfied that the conduct of the person named in the order has delayed the commencement of the hearing, the Board may extend the time of the expiration for the order, (a) until the hearing commences; and (b) once the hearing commences, until the hearing is concluded. 2010, c. 8, s. 38 (34). Parties (6) The person who has required the hearing and such other persons as the Board may specify are parties to proceedings before the Board under this section. 2010, c. 8, s. 38 (34). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (34) - 01/01/2011 Voluntary compliance 112.12 (1) Without limiting the generality of section 112.7, a person may give the Board a written assurance of voluntary compliance, (a) to publicize the assurance or the actions being undertaken as a result of the assurance; (b) to pay any cost incurred in investigating the person’s activities, any legal costs incurred in relation to the person’s activities and any cost associated with the assurances; (c) to take any such action as the Board considers appropriate in the circumstances. 2010, c. 8, s. 38 (34). Security for any assurance of voluntary compliance (2) The Board may require any person who is giving an assurance of voluntary compliance to provide, in such manner and amount as the Board determines, security in the form of, (a) a personal bond accompanied by collateral security; (b) a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance; (c) a bond of a guarantor accompanied by collateral security; or (d) another form of security prescribed by regulation. 2010, c. 8, s. 38 (34). Release of security (3) The bond and any collateral security required under subsection (2) shall not be released until the Board is satisfied that the person has fulfilled the assurance. 2010, c. 8, s. 38 (34). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (34) - 01/01/2011 113 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 114 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 115 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 116 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 117 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 118 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 119 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 120 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Section Amendments with date in force (d/m/y) Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 PART IX MISCELLANEOUS Rules 121 The board of directors may make rules, (a) governing the practices of employees to whom powers and duties are delegated under section 6; (b) governing the making of rules under section 44 and the issuance of codes under section 70.1. 2003, c. 3, s. 77; 2019, c. 6, Sched. 2, s. 28 (1). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 77 - 01/08/2003 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020 Provincial offences officers 122 Despite subsection 1 (3) of the Provincial Offences Act, the board of directors may, for the purposes of that Act, designate in writing any person or class of persons as a provincial offences officer, but the designation only applies in respect of offences under this Act. 2010, c. 8, s. 38 (35); 2019, c. 6, Sched. 2, s. 28 (1). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 78 - 01/08/2003 2010, c. 8, s. 38 (35) 01/01/2011 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020 123 Repealed: 2003, c. 3, s. 79. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (11) - 06/12/2000 2003, c. 3, s. 79 - 01/08/2003 124 Repealed: 2003, c. 3, s. 80. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (11) - 06/12/200 2003, c. 3, s. 80 - 01/08/2003 Obstruction 125 No person shall obstruct an inspector appointed under section 106 or a provincial offences officer designated under section 122 or an investigator appointed under subsection 112.0.1 (1) or knowingly withhold or conceal from that person or destroy any relevant document, record or information required to be provided by that person. 2003, c. 3, s. 81; 2010, c. 8, s. 38 (36). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 81 - 01/08/2003 2010, c. 8, s. 38 (36) - 01/01/2011 Method of giving notice 125.1 Subsections 18 (2) to (5) and clause 24 (1) (a) of the Statutory Powers Procedure Act apply, with necessary modifications, to all notices given by the Board, whether or not a hearing is held. 2003, c. 3, s. 82. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (11) - 06/12/2000 2001, c. 9, Sched. F, s. 2 (4) - 08/08/2001 2002, c. 1, Sched. B, s. 14 - 01/07/2002 2003, c. 3, s. 82 - 01/08/2003 Duties of directors and officers of a corporation 125.2 Where a transmitter, distributor, retailer of electricity, gas marketer or unit sub-meter provider is a corporation, every director and officer of the corporation shall, (a) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; and (b) take such measures as necessary to ensure that the corporation complies with all applicable requirements under this Act, the Electricity Act, 1998 and the Energy Consumer Protection Act, 2010. 2015, c. 29, s. 19. Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 2 (5) - 08/08/2001 2002, c. 1, Sched. B, s. 15 (1) - 27/06/2002; 2002, c. 1, Sched. B, s. 15 (2) - 01/07/2002 2003, c. 3, s. 83 - 01/08/2003 2010, c. 8, s. 38 (37) - 01/01/2011 2015, c. 29, s. 19 - 04/03/2016 Offences 126 (1) A person is guilty of an offence who, (a) undertakes an activity without a licence for which a licence is required under this Act and for which a person has not been granted an exemption from the requirement to hold a licence; (b) knowingly furnishes false or misleading information in any application, statement or return made under this Act or in any circumstances where information is required or authorized to be provided under this Act; (c) fails to comply with a condition of a licence or an order of the Board made under this or any other Act; (c.1) fails to comply with an assurance of voluntary compliance given under section 112.7; (c.2) fails to comply with an assurance of voluntary compliance entered into under section 88.8 before that section was repealed; (d) contravenes this Act, the regulations or a rule made under section 44; or (e) contravenes the Energy Consumer Protection Act, 2010 or the regulations made under it. 1998, c. 15, Sched. B, s. 126 (1); 2002, c. 1, Sched. B, s. 16; 2002, c. 23, s. 4 (20); 2003, c. 3, s. 84 (1, 2); 2010, c. 8, s. 38 (38). Officers, etc. (2) It is an offence for any officer or director of a corporation to cause, authorize, permit or acquiesce in the commission by the corporation of an offence mentioned in subsection (1). 1998, c. 15, Sched. B, s. 126 (2). Penalty (3) An individual who is convicted of an offence under subsection (1) or (2) is liable to a fine of not more than $100,000 for a first offence and to a fine of not more than $300,000 for a subsequent offence. 1998, c. 15, Sched. B, s. 126 (3); 2003, c. 3, s. 84 (3); 2015, c. 29, s. 20 (1). Corporations (4) A corporation that is convicted of an offence under subsection (1) is liable to a fine of not more than $1,000,000 for a first offence and to a fine of not more than $2,000,000 for a subsequent offence. 1998, c. 15, Sched. B, s. 126 (4); 2003, c. 3, s. 84 (4); 2015, c. 29, s. 20 (2). Increasing fine by amount of monetary benefit (4.1) Despite the maximum fines set out in subsections (3) and (4), the court that convicts a person of an offence under subsection (1) or (2) may increase the fine imposed on the person by an amount equal to the monetary benefit that was acquired by, or that accrued to, the person as a result of the commission of the offence. 2003, c. 3, s. 84 (5). Limitation (5) Subject to subsection (6), no proceeding under this section shall be commenced more than one year after the facts upon which the proceeding is based first came to the knowledge of the Board. 1998, c. 15, Sched. B, s. 126 (5); 2010, c. 8, s. 38 (39). Same, retailers of electricity and gas marketers (6) Despite subsection (5), no proceeding under this section shall be commenced against the following persons more than two years after the facts upon which the proceeding is based first came to the knowledge of the Board: 1. A retailer of electricity or a gas marketer. 2. A director or officer of a corporation, where the person referred to in paragraph 1 is a corporation. 2010, c. 8, s. 38 (40). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 16 - 01/07/2002; 2002, c. 23, s. 4 (20) - 09/12/2002 2003, c. 3, s. 84 (1-5) - 01/08/2003 2010, c. 8, s. 38 (38-40) - 01/01/2011 2015, c. 29, s. 20 (1, 2) - 04/03/2016 Order for compensation, restitution 126.0.1 If a person referred to in subsection 126 (6) is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution. 2010, c. 8, s. 38 (41). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (41) - 01/01/2011 Default in payment of fines 126.0.2 (1) If a fine payable by a person referred to in subsection 126 (6) as a result of a conviction for an offence under this Act is in default for at least 60 days, the Board may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default. 2010, c. 8, s. 38 (41). Where payment made (2) Within 10 days after the Board has notice that the fine has been paid in full, the Board shall inform the consumer reporting agency of the payment. 2010, c. 8, s. 38 (41). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (41) - 01/01/2011 Liens and charges 126.0.3 (1) If a fine payable by a person referred to in subsection 126 (6) as a result of a conviction for an offence under this Act is in default for at least 60 days, the Board may by order create a lien against the property of the person who is liable to pay the fine. 2010, c. 8, s. 38 (41). Liens on personal property (2) If the lien created by the Board under subsection (1) relates to personal property, (a) the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b) the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and (c) the Board may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act. 2010, c. 8, s. 38 (41). Liens and charges on real property (3) If the lien created by the Board under subsection (1) relates to real property, the Board may register the lien against the property of the person liable to pay the fine in the proper land registry office and, on registration, the obligation under the lien becomes a charge on the property. 2010, c. 8, s. 38 (41). Initiation of sale proceedings prohibited (4) The Board shall not initiate sale proceedings in respect of any real property against which it has registered a lien under subsection (3). 2010, c. 8, s. 38 (41). Proceeds of sale (5) If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the Board shall ensure the funds it receives as result of the sale are used to pay the fine. 2010, c. 8, s. 38 (41). Discharge of lien (6) Within 10 days after the Board has knowledge of the payment in full of the fine, the Board shall, (a) discharge the registration of any financing statement registered under clause (2) (c); and (b) register a discharge of a charge created on registration of a lien under subsection (3). 2010, c. 8, s. 38 (41). Section Amendments with date in force (d/m/y) 2010, c. 8, s. 38 (41) - 01/01/2011 Admissibility in evidence of certified statements 126.1 (1) A statement as to, (a) the licensing or non-licensing of any person; (b) the filing or non-filing of any document, material or information with the Board; (c) the date the facts upon which a proceeding is based first came to the knowledge of the Board; or (d) any other matter pertaining to such licensing, non-licensing, filing or non-filing, purporting to be certified by the registrar of the Board, is, without proof of the office or signature of the registrar, admissible in evidence in any prosecution or other proceeding as proof, in the absence of evidence to the contrary, of the facts stated. 2000, c. 26, Sched. D, s. 2 (13); 2003, c. 3, s. 85 (1, 2); 2019, c. 6, Sched. 2, s. 29. Certificate of assurance of voluntary compliance (2) A copy of an assurance of voluntary compliance purporting to be certified by the registrar of the Board is, without proof of the office or signature of the registrar, admissible in evidence in any prosecution or other proceeding as proof, in the absence of evidence to the contrary, of the facts stated. 2003, c. 3, s. 85 (3); 2019, c. 6, Sched. 2, s. 29. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (13) - 06/12/2000 2002, c. 1, Sched. B, s. 17 - 01/07/2002 2003, c. 3, s. 85 (1-3) - 01/08/2003 2019, c. 6, Sched. 2, s. 29 - 01/10/2020 Regulations, general 127 (1) The Lieutenant Governor in Council may make regulations, (a) limiting, restricting or taking away any rights to use or consume gas without charge or at a reduced rate; (b) requiring the Board to approve or fix rates under section 36; (b.1) providing for penalties and fines a gas transmitter or gas distributor is required to pay under an Act that the Board may include in approving or fixing rates for the sale, transmission or distribution of gas, for the purposes of paragraph 1 of subsection 36 (3.1); (c) providing for compensation procedure for the owners of gas or oil rights and the rights to store gas and for the owners of land who are referred to in subsection 38 (2); (d) Repealed: 2003, c. 3, s. 86 (1). (e) Repealed: 2001, c. 9, Sched. F, s. 2 (6). (f) exempting any person from any provision of this Act, subject to such conditions or restrictions as may be prescribed by the regulations; (g) defining any word or expression used in this Act that is not defined in this Act; (g.1) Repealed: 2019, c. 6, Sched. 2, s. 24 (1). (h) delegating all or part of the powers or duties of the Board with respect to the issuance or renewal of licences under Part IV or V to a self-regulatory organization on such conditions as the Lieutenant Governor in Council considers appropriate; (i) delegating all or part of the powers or duties of the Board under Part IV or V to a tribunal on such conditions as the Lieutenant Governor in Council considers appropriate; (j) prescribing a date or dates for the purposes of subsection 70 (10), which dates may be different for different classes of distributors; (j.1) Repealed: 2021, c. 2, Sched. 2, s. 8 (1). (j.2) Repealed: 2010, c. 8, s. 38 (43). (j.3) Repealed: 2003, c. 3, s. 86 (3). (j.4) Repealed: 2010, c. 8, s. 38 (43). (j.5) Repealed: 2003, c. 3, s. 86 (4). (j.6), (j.7) Repealed: 2010, c. 8, s. 38 (43). (j.8) providing for the appointment of prescribed individuals as members of the Board for the purposes of clause 4 (5) (d), and setting out their powers, duties and functions; (j.9) specifying matters that, for greater certainty, are not matters that may be heard or determined by a panel of commissioners under subsection 4.3 (8); (j.10) for the purposes of subsections 4.1 (17) and 4.3 (8), providing for and governing the exercise or performance of a power or duty of the Board by another person or entity; (j.11) prescribing rights, powers or privileges under subsection 4 (2) for the purpose of clause 4.11 (e); (j.12) governing processes under section 4.4, including, (i) prescribing other persons for the purposes of subsection 4.4 (1) or (2), and (ii) requiring that specified persons be included in a process for the purposes of subsection 4.4 (3); (j.12.1) governing processes under section 4.4.1, including, (i) prescribing other persons for the purposes of subsection 4.4.1 (1), and (ii) requiring that specified persons be included in a process for the purposes of subsection 4.4.1 (2); (j.13) prescribing classes of contracts for the purpose of clause 4.11 (d); (j.14) Repealed: 2019, c. 6, Sched. 2, s. 24 (3); (j.15) prescribing an amount of money for the purpose of clause 90 (1) (b); (j.16) prescribing criteria for the purpose of clause 90 (1) (d); (j.16.1) governing exemptions ordered by the Board under subsection 95 (2); (j.16.2) establishing and governing procedural requirements that apply to determinations of the Board under subsection 95 (2); (j.17) prescribing provisions of the Electricity Act, 1998 for the purpose of clause (d) of the definition of “enforceable provision” in section 3; (j.18) prescribing deferral or variance accounts as deferral or variance accounts that relate to the commodity of gas for the purpose of subsections 36 (4.1) and (4.2) or to the commodity of electricity for the purpose of subsections 78 (6.1) and (6.2), or prescribing rules for determining if a deferral or variance account relates to the commodity of gas for the purpose of subsections 36 (4.1) and (4.2) or to the commodity of electricity for the purpose of subsections 78 (6.1) and (6.2); (j.19) prescribing periods of time for the purpose of subsections 36 (4.1) and (4.2) and 78 (6.1) and (6.2); (j.20) governing the making of orders that determine whether and how amounts recorded in deferral or variance accounts shall be reflected in rates for the purpose of sections 36 and 78; (j.21) governing the awarding of costs under section 30 when section 22.1 is not complied with; (k) respecting anything that, in this Act, may or must be prescribed or done by regulation; (l) providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of this Act; (m) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the purposes of this Act. 1998, c. 15, Sched. B, s. 127 (1); 2000, c. 26, Sched. D, s. 2 (14); 2001, c. 9, Sched. F, s. 2 (6); 2002, c. 1, Sched. B, s. 18; 2003, c. 3, s. 86 (1-5); 2010, c. 8, s. 38 (43); 2014, c. 7, Sched. 23, s. 15; 2017, c. 2, Sched. 10, s. 2 (13); 2020, c. 12, s. 85 (3); 2019, c. 6, Sched. 2, s. 24 (1-4); 2021, c. 2, Sched. 2, s. 8 (1); 2023, c. 9, Sched. 24, s. 8 (1); 2024, c. 10, s. 10. (2) Repealed: 2001, c. 9, Sched. F, s. 2 (7). General or particular (3) A regulation under this section may be general or particular in its application. 1998, c. 15, Sched. B, s. 127 (3). Delegation to self-regulatory organization (4) If a regulation is made under clause (1) (h) delegating powers or duties of the Board to a self-regulatory organization, subsections 6 (4) to (9) and sections 7 and 8 apply, with necessary modifications. 2003, c. 3, s. 86 (6). Subdelegation (4.1) A regulation made under clause (1) (b.1) may authorize the Board to determine a matter that may be prescribed by the Lieutenant Governor in Council under that clause. 2020, c. 12, s. 85 (4); 2021, c. 2, Sched. 2, s. 8 (2). Transition, Green Energy Act, 2009 (5) The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of amendments to this Act arising from the enactment of the Green Energy and Green Economy Act, 2009 and to facilitate the implementation of the Green Energy Act, 2009. 2009, c. 12, Sched. D, s. 18. Transition, Fixing the Hydro Mess Act, 2019 (6) The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of amendments to this Act by Schedule 2 to the Fixing the Hydro Mess Act, 2019. 2019, c. 6, Sched. 2, s. 24 (5). Same (7) In the event of a conflict between this Act and a regulation made under subsection (6), the regulation prevails. 2019, c. 6, Sched. 2, s. 24 (5). Regulations, Minister (8) The Minister may make regulations providing for amounts and classes of amounts a gas transmitter or gas distributor is required to pay that shall not be included in approving or fixing rates for the sale, transmission or distribution of gas, for the purposes of paragraph 2 of subsection 36 (3.1). 2023, c. 9, Sched. 24, s. 8 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (14) - 06/12/2000 2001, c. 9, Sched. F, s. 2 (6, 7) - 08/08/2001 2002, c. 1, Sched. B, s. 18 - 01/07/2002 2003, c. 3, s. 86 (1-6) - 01/08/2003 2009, c. 12, Sched. D, s. 18 - 09/09/2009 2010, c. 8, s. 38 (42) - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2020; 2010, c. 8, s. 38 (43) - 01/01/2011 2014, c. 7, Sched. 23, s. 15 - 01/01/2015 2017, c. 2, Sched. 10, s. 2 (13) - 22/03/2017 2019, c. 6, Sched. 2, s. 24 (1-5) - 01/10/2020 2020, c. 12, s. 85 (3, 4) - 08/07/2020 2021, c. 2, Sched. 2, s. 8 (1, 2) - 12/04/2021 2023, c. 9, Sched. 24, s. 8 (1, 2) - 08/06/2023 2024, c. 10, s. 10 (1) - 16/05/2024; 2024, c. 10, s. 10 (2) - 01/07/2024 Conflict with other legislation 128 (1) In the event of conflict between this Act and any other general or special Act, this Act prevails. 1998, c. 15, Sched. B, s. 128 (1). Same (2) This Act and the regulations prevail over any by-law passed by a municipality. 1998, c. 15, Sched. B, s. 128 (2). Reports on Board effectiveness 128.1 (1) The Board shall, on the request of the Minister, prepare and submit a report to the Minister on the Board’s effectiveness in meeting the objectives set out in sections 1, 2, 2.1 and 104.5. 2019, c. 6, Sched. 2, s. 25; 2021, c. 2, Sched. 2, s. 9. Tabling (2) The Minister shall submit the report to the Lieutenant Governor in Council and shall then table the report in the Assembly. 2003, c. 3, s. 87. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 87 - 01/08/2003 2019, c. 6, Sched. 2, s. 25 - 01/10/2020 2021, c. 2, Sched. 2, s. 9 - 01/01/2022 129 Repealed 2003, c. 3, s. 88. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 88 - 01/08/2003 Transition, uniform system of accounts 130 On the coming into force of section 44, Ontario Regulation 504/97 shall be deemed to be a rule made under that section and the chief executive officer may change or amend the rule in accordance with that section. 1998, c. 15, Sched. B, s. 130; 2003, c. 3, s. 89; 2019, c. 6, Sched. 2, s. 26. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 89 - 01/08/2003 2019, c. 6, Sched. 2, s. 26 - 01/10/2020 Transition, undertakings 131 Despite the repeal of the Ontario Energy Board Act under the Energy Competition Act, 1998, any undertaking made to the Lieutenant Governor in Council under the repealed Act, if valid immediately before this section comes into force, continues to be valid and binding. 1998, c. 15, Sched. B, s. 131. Transition, director of licensing 132 (1) A licence issued by the Board’s director of licensing before this section comes into force shall be deemed to be a licence issued by the Board. 2003, c. 3, s. 90. Same (2) An order made by the Board’s director of licensing before this section comes into force shall be deemed to be an order made by the Board. 2003, c. 3, s. 90. Same (3) Any matter pending before the Board’s director of licensing when this section comes into force is continued before the Board, subject to the directions of the board of directors. 2003, c. 3, s. 90; 2019, c. 6, Sched. 2, s. 28. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 90 - 01/08/2003 2019, c. 6, Sched. 2, s. 28 (1, 2) - 01/10/2020 No cause of action, Fixing the Hydro Mess Act, 2019 133 (1) No cause of action arises against the Crown, any current or former member of the Executive Council, any current or former employee or agent of or adviser to the Crown, the Board, or any current or former member, employee or agent of the Board, as a direct or indirect result of, (a) the enactment, operation or administration of any amendment to this Act by Schedule 2 to the Fixing the Hydro Mess Act, 2019; (b) anything done or not done under the amendments to this Act by Schedule 2 to the Fixing the Hydro Mess Act, 2019; or (c) anything related in any way to the involvement of the Government of Ontario in compensation matters, or other aspects of corporate governance, of the Board. 2019, c. 6, Sched. 2, s. 27. Proceedings barred (2) No proceeding, including but not limited to any proceeding for a remedy in contract, constructive dismissal, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, and any remedy under applicable securities laws or any other statute, that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against the Crown or against any person referred to in that subsection. 2019, c. 6, Sched. 2, s. 27. Application (3) Subsection (2) applies to any action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, or any other remedy or relief, and includes a proceeding to enforce a judgment or order made by a court outside of Canada. 2019, c. 6, Sched. 2, s. 27. Retrospective effect (4) Subsections (2) and (3) apply regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day section 28 of Schedule 2 to the Fixing the Hydro Mess Act, 2019 came into force. 2019, c. 6, Sched. 2, s. 27. Proceedings set aside (5) Any proceeding referred to in subsection (2) or (3) commenced before the day referred to in subsection (4) is deemed to have been dismissed, without costs, on that day. 2019, c. 6, Sched. 2, s. 27. Section Amendments with date in force (d/m/y) 2019, c. 6, Sched. 2, s. 27 - 01/10/2020 No cause of action, procurement restrictions 134 (1) No cause of action arises against the Crown or any current or former member of the Executive Council or employee, officer or agent of or adviser to the Crown, as a direct or indirect result of, (a) the enactment, amendment or repeal of section 43.1, 73 or this section; (b) the making, amendment or revocation of any provision of a regulation for the purposes of section 43.1 or 73; or (c) anything done or not done in accordance with a provision referred to in clause (a) or a regulation referred to in clause (b). 2025, c. 4, Sched. 6, s. 3. No remedy (2) No costs, compensation or damages, including for loss of revenue, profit or any other alleged loss, whether direct or indirect, are owing or payable to any person by a person referred to in subsection (1), and no remedy, including a remedy in contract, restitution or tort, a remedy for misfeasance, bad faith or a breach of trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person against a person referred to in that subsection, in connection with anything referred to in that subsection. 2025, c. 4, Sched. 6, s. 3. Proceedings barred (3) No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person referred to in that subsection. 2025, c. 4, Sched. 6, s. 3. Same (4) Subsections (2) and (3) do not apply with respect to an application for judicial review or a claim for constitutional remedy, but do apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief or the enforcement of a judgment, order or award made outside Ontario. 2025, c. 4, Sched. 6, s. 3. No costs awarded (5) No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (3). 2025, c. 4, Sched. 6, s. 3. No expropriation or injurious affection (6) Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2025, c. 4, Sched. 6, s. 3. Proceedings by Crown not prevented (7) This section does not apply with respect to proceedings brought by the Crown. 2025, c. 4, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2025, c. 4, Sched. 6, s. 3 - 05/06/2025 Note: The Crown and its agents are protected from certain liabilities relating to or resulting from amendments made to this Act by the Electricity Pricing, Conservation and Supply Act, 2002, or from any action taken pursuant to those amendments or pursuant to regulations made under those amendments. See: 2002, c. 23, s. 6. ______________