ontario regulation 496/10

made under the

Ontario Energy Board Act, 1998

Made: December 13, 2010
Filed: December 14, 2010
Published on e-Laws: December 16, 2010
Printed in The Ontario Gazette: January 1, 2011


Amending O. Reg. 161/99

(Definitions and Exemptions)

1. Subsection 1 (2) of Ontario Regulation 161/99 is revoked.

2. (1) Paragraph 2 of clause 4.0.1 (1) (a) of the Regulation is amended by striking out “Tenant Protection Act, 1997” at the end and substituting “Residential Tenancies Act, 2006”.

(2) Paragraph 6 of clause 4.0.1 (1) (a) of the Regulation is amended by striking out “or an institution as defined in the Mental Hospitals Act” at the end.

(3) Section 4.0.1 of the Regulation is amended by adding the following subsection:

(1.1) For the purposes of subsection (1), the reasonable costs that may be recovered from a consumer must be calculated in a manner that ensures the consumer receives the full benefit of their proportionate share of any financial assistance to which the distributor is entitled under the Ontario Clean Energy Benefit Act, 2010.

3. (1) Clause 4.0.2 (1) (b) of the Regulation is amended by striking out “IMO-controlled grid” and substituting “IESO-controlled grid”.

(2) Subclause 4.0.2 (1) (d) (i) of the Regulation is amended by striking out “IMO-controlled grid” at the end and substituting “IESO-controlled grid”.

(3) Sub-subclause 4.0.2 (1) (d) (ii) (A) of the Regulation is amended by striking out “IMO” and substituting “IESO”.

4. Paragraph 2 of subsection 4.0.4 (3) of the Regulation is amended by striking out “IMO-controlled grid” at the end and substituting “IESO-controlled grid”.

5. Clause 4.0.6 (1) (a) of the Regulation is amended by striking out “IMO” and substituting “IESO”.

6. Subsection 4.2 (2) of the Regulation is amended by striking out “IMO-controlled grid” at the end and substituting “IESO-controlled grid”.

7. (1) Subsection 5 (1) of the Regulation is revoked and the following substituted:

(1) Section 71 of the Act does not apply to a subsidiary of Hydro One Inc. if the only activity engaged in by the subsidiary, other than transmitting or distributing electricity, is generating or retailing electricity for use by consumers in one or more communities,

(a) that are prescribed for the purposes of subsection 48.1 (1) of the Electricity Act, 1998 by the regulations made under that Act; and

(b) in which the subsidiary distributes electricity.

(2) Subsections 5 (4), (5), (7) and (8) of the Regulation are revoked.

8. (1) Subclause 6.0.3 (b) (i) of the Regulation is amended by striking out “IMO-controlled grid” and substituting “IESO-controlled grid”.

(2) Sub-subclause 6.0.3 (b) (ii) (A) of the Regulation is amended by striking out “IMO” and substituting “IESO”.

9. Schedule 1 to the Regulation is amended by striking out “Marten Falls Indian Reserve No. 65”.

10. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2011 and the day it is filed.

(2) Section 7 comes into force on the later of,

(a) the day subsection 37 (6) of the Energy Consumer Protection Act, 2010 comes into force; and

(b) the day this Regulation is filed.