O. Reg. 495/10: GENERAL


Published: 2010-12-14

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ONTARIO REGULATION 495/10

made under the

ONTARIO CLEAN ENERGY BENEFIT ACT, 2010

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


GENERAL

CONTENTS

1.

Definitions and interpretation

2.

Remote unlicensed distributors

3.

Base invoice amount

4.

Flow through of financial assistance

5.

Financial assistance re fees and charges imposed by unit sub-meter providers

6.

Invoices

7.

Payments directly to consumers

8.

Duty to provide information

9.

Records

10.

Requirement to provide information for reimbursement purposes

11.

Reimbursement to electricity vendors

12.

Reimbursement to unit sub-meter providers

13.

Reliance on information

14.

Variance accounts

15.

If retail contract is deemed to be void

16.

Commencement

 

 


Definitions and interpretation

1. (1) In this Regulation,

“distributor” means a person who owns or operates a distribution system;

“financial assistance” means an amount credited to an eligible account or paid to a person as financial assistance under the Act or this Regulation and includes an amount credited or paid as financial assistance in circumstances in which the person benefiting from the credit or payment is not entitled to all or part of the amount;

“host distributor” means a licensed distributor who is a market participant and who distributes electricity to a wholly-embedded distributor;

“IESO-controlled grid” means the transmission systems with respect to which, pursuant to agreements, the IESO has authority to direct operations;

“market participant” means a person who is authorized by the market rules,

(a) to participate in the markets established by the market rules, or

(b) to cause or permit electricity to be conveyed into, through or out of the IESO-controlled grid;

“Minister” means the Minister of Energy;

“remote unlicensed distributor” means,

(a) a distributor who,

(i) satisfies the conditions in subsection 4.0.4 (3) of Ontario Regulation 161/99 (Definitions and Exemptions) made under the Ontario Energy Board Act, 1998, and

(ii) distributes electricity in a settlement or reserve listed in Schedule 1 to that regulation, or

(b) a distributor who,

(i) satisfies the conditions in subsection 4.0.5 (2) of Ontario Regulation 161/99, and

(ii) distributes electricity in a reserve listed in Schedule 2 to that regulation;

“transmission system” means a system for transmitting electricity and includes any structures, equipment or other things used for that purpose;

“wholly-embedded distributor” means a licensed distributor who is not a market participant and to whom a host distributor distributes electricity.

(2) For the purposes of the Act and this Regulation, the commodity price of electricity includes the “Final RPP Variance Settlement Amount”, if any, required by the Standard Supply Service Code issued by the Board.

(3) For the purposes of this Regulation,

(a) Hydro One Remote Communities Inc. is deemed to be a wholly-embedded distributor and Hydro One Networks Inc. is deemed to be its host distributor; and

(b) Cornwall Street Railway Light and Power Company Limited is deemed to be a wholly-embedded distributor and Canadian Niagara Power Inc. is deemed to be its host distributor.

(4) Payments required under this Regulation are in addition to any payments that may be required by the market rules or by the Retail Settlement Code issued by the Board under the Ontario Energy Board Act, 1998.

Remote unlicensed distributors

2. (1) Every remote unlicensed distributor is prescribed as an electricity vendor for the purposes of the Act.

(2) The Minister may, for the purposes of providing financial assistance under the Act to consumers who have eligible accounts with remote unlicensed distributors, make rules,

(a) governing the determination of the base invoice amount for a billing period in respect of an eligible account with a remote unlicensed distributor;

(b) specifying the times and methods for paying or crediting amounts of financial assistance;

(c) requiring information to be provided by remote unlicensed distributors to the Minister or the Board on a periodic basis or when specifically requested;

(d) specifying information that must or may be included on invoices issued to the consumers or that must accompany payments of financial assistance made to the consumers;

(e) specifying the manner and wording to be used to show the financial assistance on invoices issued to the consumers;

(f) specifying the information that must or may be provided to consumers concerning the Act and their eligibility for financial assistance under it;

(g) governing the reimbursement of remote unlicensed distributors for financial assistance provided by them, including any subsequent adjustments;

(h) governing the circumstances in which remote unlicensed distributors are required to make repayments to the Minister of Finance in respect of amounts received by them and requiring them to make such repayments;

(i) governing the establishment and maintenance of variance accounts by remote unlicensed distributors.

(3) A rule made under subsection (2) may apply in respect of a period before it is made.

(4) Sections 3, 6 and 7 do not apply to remote unlicensed distributors or to consumers who have eligible accounts with them.

(5) Despite clause (2) (g), no amount is payable as a reimbursement to a remote unlicensed distributor who fails without reasonable cause to provide any information required by the Minister within the time it is required to be provided.

Base invoice amount

3. (1) Subject to subsection (2), the base invoice amount for a billing period in respect of an eligible account is determined as follows:

1. If the invoice is issued by a licensed distributor, other than Cornwall Street Railway Light and Power Company Limited or Dubreuil Forest Products, or is issued by a licensed retailer, the base invoice amount for a billing period includes the amounts for the billing period listed in subsection 3 (1) of the Act, other than anything required by subsection 3 (2) of the Act to be excluded in determining the base invoice amount for the billing period.

2. If the invoice is issued by the IESO to a market participant who is a consumer, the base invoice amount for a billing period,

i. includes,

A. the commodity price of the electricity,

B. all settlement amounts appearing on the invoice in accordance with Chapter 9 of the market rules,

C. any fees and charges payable by the market participant under section 25.20 of the Electricity Act, 1998,

D. amounts payable by the market participant under subsection 79.1 (3) of the Ontario Energy Board Act, 1998,

E. charges related to an assessment under section 26.1 of the Ontario Energy Board Act, 1998,

F. any adjustment on the invoice required pursuant to section 25.33 of the Electricity Act, 1998, and

G. the amount of harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) in respect of amounts referred to in sub-subparagraphs A to F that are included in the base invoice amount, and

ii. excludes anything required by subsection 3 (2) of the Act to be excluded.

3. If the invoice is issued by Cornwall Street Railway Light and Power Company Limited, the base invoice amount for a billing period,

i. includes,

A. the cost of electricity supplied, including any delivery charges and regulatory charges,

B. any debt retirement charge payable by the consumer under subsection 85 (4) of the Electricity Act, 1998, and

C. the amount of harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) in respect of amounts referred to in sub-subparagraphs A and B, and

ii. excludes,

A. any charges for services that are not included in the cost of the electricity supplied, the delivery charges or the regulatory charges referred to in sub-subparagraph i A, and

B. anything required by subsection 3 (2) of the Act to be excluded.

4. If the invoice is issued by Dubreuil Forest Products Limited, the base invoice amount for a billing period,

i. includes,

A. the commodity price of the electricity,

B. delivery charges, other than a charge required to be excluded under subparagraph ii,

C. any regulatory charges,

D. any adjustment on the invoice required pursuant to section 25.33 of the Electricity Act, 1998,

E. any debt retirement charge payable by the consumer under subsection 85 (4) of the Electricity Act, 1998, and

F. the amount of harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) in respect of amounts referred to in sub-subparagraphs A to E that are included in the base invoice amount, and

ii. excludes,

A. a charge for reconnecting the consumer at a meter or pole, and

B. anything required by subsection 3 (2) of the Act to be excluded.

(2) An electricity vendor shall include in the base invoice amount for a billing period only those amounts or portions of amounts appearing on the invoice for the billing period that relate to electricity consumption in the eligible period.

(3) An electricity vendor may make a reasonable estimate of,

(a) the volume of electricity used by a consumer in the eligible period; and

(b) the portion of an amount that relates to electricity consumption in the eligible period.

Flow through of financial assistance

4. (1) This section applies to,

(a) a consumer to whom subsection 4 (7) of the Act applies; and

(b) a person who is entitled to receive a credit under subsection 4 (7) of the Act on an invoice issued by the consumer, an agent of the consumer or a unit sub-meter provider providing unit sub-metering for the consumer.

(2) The credit that the person is entitled to receive under subsection 4 (7) of the Act and the consumer or unit sub-meter provider is required to provide is equal to the amount of the financial assistance to which the consumer is entitled for a billing period in respect of the eligible account, multiplied by the ratio of the portion of the amount of the invoice for the billing period that is payable by the person to the total amount of the invoice for the billing period payable by the consumer.

Financial assistance re fees and charges imposed by unit sub-meter providers

5. (1) The section applies to,

(a) every unit sub-meter provider who provides unit sub-metering for a consumer to whom subsection 4 (7) of the Act applies; and

(b) every person to whom the unit sub-meter provider issues an invoice for electricity in respect of which a consumer is entitled to receive financial assistance under section 4 of the Act.

(2) In this section,

“fees and charges” means any fees and charges for unit sub-metering that appear on an invoice issued by a unit sub-meter provider;

“invoice period” means, in respect of an invoice for electricity issued to a person by a unit sub-meter provider, the period of time to which the invoice applies.

(3) A person to whom an invoice is issued for an invoice period by a unit sub-meter provider is entitled to receive financial assistance equal to 10 per cent of the sum of,

(a) the amount of fees and charges for the invoice period or, if the invoice period is not wholly in the eligible period, for the portion of the invoice period that is in the eligible period; and

(b) the amount of harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) in respect of the amount referred to in clause (a).

(4) If an invoice period is not wholly within the eligible period, the amount of fees and charges for the portion of the invoice period that is in the eligible period is determined by multiplying the amount of the fees and charges for the invoice period by the ratio of the number of days in the invoice period that are in the eligible period to the total number of days in the invoice period.

Invoices

6. (1) The following rules apply in the case of an invoice issued by an electricity vendor for a billing period in respect of an eligible account:

1. The total amount of the credit for financial assistance for the billing period and, if applicable, the amount of any credits for financial assistance for previous billing periods that were not provided in previous billing periods must be shown on the face of the invoice, labelled “Ontario Clean Energy Benefit (–10%)”.

2. If required by the Minister, an invoice issued by a licensed distributor, licensed retailer or a member of a class of licensed distributors or licensed retailers, must contain, in a location acceptable to the Minister, such statement concerning the financial assistance as the Minister specifies.

(2) The following rules apply in the case of an invoice issued to a person by a unit sub-meter provider who provides unit sub-metering for a consumer to whom subsection 4 (7) of the Act applies:

1. The invoice must clearly show,

i. a credit equal to the sum of,

A. the amount of the credit to which the person is entitled in respect of the financial assistance to which the consumer is entitled for the period to which the invoice relates, and

B. the amount of financial assistance to which the person is entitled for that period under section 5, and

ii. the net amount of the invoice after deducting the credit.

2. The total amount of the credit referred to in paragraph 1 for the invoice period and, if applicable, the amount of any credits to which the person was entitled for previous invoice periods that were not provided in previous invoices must be shown on the face of the invoice, labelled “Ontario Clean Energy Benefit (–10%)”.

3. If required by the Minister, an invoice issued by a unit sub-meter provider or a member of a class of unit sub-meter providers must contain, in a location acceptable to the Minister, such statement concerning the financial assistance and credit as the Minister specifies.

(3) If an electricity vendor or unit sub-meter provider satisfies the Minister that, for technical or operational reasons, it is unable to adapt its invoices to conform to the requirements of paragraph 1 of subsection (1) or paragraph 2 of subsection (2), as applicable, the Minister may, in writing, authorize the electricity vendor or unit sub-meter provider to include on its invoice such other wording as the Minister specifies.

(4) If an invoice issued by an electricity vendor or unit sub-meter provider contains a credit for more than one billing period or invoice period, the issuer of the invoice shall provide, if requested by the person liable to pay the invoice, a break-down of the amount of the credit between periods.

(5) If required by the Minister, a licensed distributor, a licensed retailer, a unit sub-meter provider or a member of a class of licensed distributors, licensed retailers or unit sub-meter providers, shall include with an invoice such other information or material as the Minister may specify, at the time or times and in such manner as the Minister may specify.

(6) In this section,

“invoice period” means, in respect of an invoice issued by a consumer, agent of a consumer or unit sub-meter provider, the period of time to which the invoice applies.

Payments directly to consumers

7. (1) In this section,

“issuer” means an electricity vendor, consumer, agent of a consumer or a unit sub-meter provider who issues an invoice to a person who is entitled to,

(a) financial assistance, or

(b) a credit under subsection 4 (7) of the Act.

(2) This section applies to an issuer if,

(a) subsection 5 (3) of the Act applies to,

(i) the issuer,

(ii) an electricity vendor who issues invoices to the issuer or to a consumer for whom the issuer is an agent,

(iii) an electricity vendor who issues invoices to a consumer for whom the issuer provides unit sub-metering; and

(b) the person entitled to the financial assistance or credit ceases to have an account with the issuer before receiving all or part of the financial assistance or credit to which he or she is entitled.

(3) If the amount the person is entitled to receive from an issuer but has not received is at least $10, the issuer shall, no later than September 30, 2011, mail or deliver by hand the unpaid amount to the person’s most recent address known to the issuer.

(4) If a cheque mailed or delivered by hand in accordance with subsection (3) has not been cashed despite the best efforts of the issuer to deliver it, and the cheque has ceased to be negotiable through the passage of time, the person ceases to be entitled to receive the amount of financial assistance or credit represented by the cheque.

(5) Every electricity vendor and unit sub-meter provider shall pay to the Minister of Finance all amounts of less than $10 that are not paid by the electricity vendor or unit sub-meter provider and all amounts not received by a person and to which the person has ceased under this section to be entitled to receive.

(6) If a consumer referred to in subsection 4 (7) of the Act is unable for reasons beyond his or her control to provide a credit to a person, to have the credit provided to the person by an agent or unit sub-meter provider or to pay the amount of the credit to the person under subsection (3), the consumer shall pay to the Minister of Finance the amount that should have been credited or paid to the person and the person ceases to be entitled to the credit.

Duty to provide information

8. Every electricity vendor and every person specified by the Minister shall, upon receipt of a request from the Minister or the Board, provide the information relating to the Act and this Regulation specified in the request within the time period specified in the request.

Records

9. Every unit sub-meter provider is prescribed for the purposes of section 8 of the Act as a person required to keep records in accordance with that section.

Requirement to provide information for reimbursement purposes

10. (1) An electricity vendor listed in Column 2 in the Table to this section, other than a remote unlicensed distributor, shall provide to the person listed in Column 3 in the same row of the Table the information set out in Column 4 in the same row, in the format and at the times specified by the person to whom the information is to be provided, in respect of the last month ending before the day the information is to be provided.

TABLE

Column 1

Column 2

Column 3

Column 4

Item

Electricity vendor

Person to whom information must be provided

Information in respect of the last month ending before the day the information is provided

1.

A licensed retailer who uses retailer-consolidated billing

The licensed distributor in whose service area the licensed retailer has contracts with consumers

The amount of financial assistance to which consumers who have eligible accounts with the licensed retailer are entitled for the month and any adjustments to be made in respect of earlier months.

2.

A wholly-embedded distributor

The host distributor of the wholly-embedded distributor

The amount of,

(a) financial assistance to which consumers who have eligible accounts with the wholly-embedded distributor are entitled for the month and any adjustments to be made in respect of earlier months; and

(b) financial assistance to which consumers who have eligible accounts with licensed retailers are entitled for the month, if the licensed retailers use retailer-consolidated billing and the consumers are in the wholly-embedded distributor’s service area, and any adjustments to be made in respect of earlier months.

3.

A licensed distributor who is a market participant

The IESO

The amount of,

(a) financial assistance to which consumers who have eligible accounts with the licensed distributor are entitled for the month and any adjustments to be made in respect of earlier months;
(b) financial assistance to which consumers who have eligible accounts with licensed retailers are entitled for the month, if the licensed retailers use retailer-consolidated billing and the consumers are in the licensed distributor’s service area, and any adjustments to be made in respect of earlier months;
(c) financial assistance to which consumers who have eligible accounts with wholly-embedded distributors are entitled for the month, if the licensed distributor is the host distributor of the embedded distributors, and any adjustments to be made in respect of earlier months; and



(d) financial assistance to which consumers who have eligible accounts with licensed retailers are entitled for the month, if the licensed retailers use retailer-consolidated billing and the consumers are in service areas of wholly-embedded distributors of which the licensed distributor is the host distributor, and any adjustments to be made in respect of earlier months.


(2) The IESO shall provide to the Minister the information specified by the Minister relating to the following matters, in the format and at the times specified by the Minister:

1. The amount of financial assistance the IESO is required by the Act to provide for a month to consumers who are market participants and any adjustments to be made in respect of earlier months.

2. The amount of financial assistance to which consumers who have eligible accounts with licensed distributors who are market participants are entitled for the month and any adjustments to be made in respect of earlier months.

3. The amount of financial assistance to which consumers who have eligible accounts with wholly-embedded distributors are entitled for the month and any adjustments to be made in respect of earlier months.

4. The amount of financial assistance to which consumers who have eligible accounts with licensed retailers who use retailer-consolidated billing are entitled for the month and any adjustments to be made in respect of earlier months.

(3) For the purposes of this section, a licensed distributor or licensed retailer may estimate the amount of financial assistance to which consumers who have eligible accounts are entitled for a month.

(4) If a licensed distributor or licensed retailer estimates the amount of financial assistance under subsection (3), it must include an adjustment for the difference between the estimate and the actual amount that consumers were entitled to with the information required under subsection (1) as soon as possible after the actual amount becomes known.

Reimbursement to electricity vendors

11. (1) In this section,

“specified electricity vendor” means an electricity vendor other than a remote unlicensed distributor.

(2) The Minister shall reimburse specified electricity vendors for financial assistance provided by them to consumers entitled under the Act to receive the financial assistance.

(3) Based on the information provided by specified electricity vendors under section 10,

(a) the Minister shall pay to the IESO, at such times as the Minister considers appropriate, sufficient amounts to reimburse specified electricity vendors for financial assistance to which consumers are entitled for a month, subject to any adjustments to be made in respect of earlier months;

(b) the IESO shall, after receiving the information required for a month from a licensed distributor who is a market participant, pay to the licensed distributor a sufficient amount to reimburse,

(i) the licensed distributor for the financial assistance to which consumers who have eligible accounts with the licensed distributor are entitled for the month, subject to any adjustments to be made in respect of earlier months,

(ii) wholly-embedded distributors of which the licensed distributor is the host distributor for financial assistance to which consumers who have eligible accounts with the wholly-embedded distributors are entitled for the month, subject to any adjustments to be made in respect of earlier months, and

(iii) licensed retailers who use retailer-consolidated billing for financial assistance to which consumers who have eligible accounts with the licensed retailers, and are in the service area of the licensed distributor or of a wholly-embedded distributor of which the licensed distributor is the host distributor, are entitled for the month, subject to any adjustments to be made in respect of earlier months;

(c) a host distributor shall, before the day specified by the Board, pay to every wholly-embedded distributor of which it is a host distributor a sufficient amount to reimburse,

(i) the wholly-embedded distributor for financial assistance to which consumers who have eligible accounts with the wholly-embedded distributor are entitled for a month, subject to any adjustments to be made in respect of earlier months, and

(ii) licensed retailers who use retailer-consolidated billing for financial assistance to which consumers who have eligible accounts with the licensed retailers, and are in the service area of the wholly-embedded distributor, are entitled for a month, subject to any adjustments to be made in respect of earlier months; and

(d) a licensed distributor shall, before the day specified by the Board, pay a sufficient amount to each licensed retailer who uses retailer-consolidated billing to reimburse the licensed retailer for financial assistance to which consumers who have eligible accounts with the licensed retailer, and who are in the licensed distributor’s service area, are entitled for a month, subject to any adjustments to be made in respect of earlier months.

(4) Despite subsection (3), the amount of reimbursement to which an electricity vendor is entitled is subject to such subsequent adjustments as may be required by reason of,

(a) the provision to the Minister or an electricity vendor of additional information;

(b) a determination made by an inspector who conducts an inspection or inquiry under section 9 of the Act that relates to the electricity vendor or to another electricity vendor;

(c) a requirement under subsection 7 (5) to pay an amount to the Minister of Finance; or

(d) a requirement to pay an amount referred to in clause 15 (2) (a) to the Minister of Finance.

(5) Despite subsections (2) and (3), no amount is payable as a reimbursement to a specified electricity vendor who fails without reasonable cause to provide any information required to be provided under this Regulation within the time it is required to be provided.

(6) Payments required under this section by the IESO to a licensed distributor who is a market participant and any subsequent adjustments may be made at the option of the IESO by way of set-off in the accounts maintained by the IESO.

(7) Payments required under this section by a host distributor to a wholly-embedded distributor and any subsequent adjustments may be made at the option of the host distributor by way of set-off in the accounts maintained by the host distributor.

(8) Payments required under this section by a licensed distributor to a licensed retailer who uses retailer-consolidated billing and any subsequent adjustments may be made at the option of the licensed distributor by way of set-off in the accounts maintained by the licensed distributor.

Reimbursement to unit sub-meter providers

12. (1) A unit sub-meter provider shall provide to the IESO, in the format and at the time specified by the IESO, information about the amount of financial assistance provided by the unit sub-meter provider in accordance with section 5 in respect of the last month ending before the day the information is required to be provided and any adjustments to be made in respect of earlier months.

(2) The IESO shall provide to the Minister, in the format and at the times specified by the Minister, the information specified by the Minister relating to the amount of financial assistance provided in accordance with section 5 by unit sub-meter providers for a month and any adjustments to be made in respect of earlier months.

(3) Based on the information provided by unit sub-meter providers to the IESO,

(a) the Minister shall pay to the IESO, at such time as the Minister considers appropriate, sufficient amounts to reimburse unit sub-meter providers for financial assistance provided in accordance with section 5 for a month, subject to any adjustments to be made in respect of earlier months; and

(b) the IESO shall, after receiving the information required for a month from a unit sub-meter provider, pay to the unit sub-meter provider a sufficient amount to reimburse the unit sub-meter provider for the financial assistance provided in accordance with section 5 for a month, subject to any adjustments to be made in respect of earlier months.

(4) Despite subsection (3), the amount of reimbursement to which a unit sub-meter provider is entitled is subject to such subsequent adjustments as may be required by reason of,

(a) the provision to the Minister or the IESO of additional information;

(b) a determination made by an inspector who conducts an inspection or inquiry under section 9 of the Act; or

(c) a requirement under subsection 7 (5) to pay an amount to the Minister of Finance.

(5) Despite subsection (3), no amount is payable as a reimbursement to a unit sub-meter provider who fails without reasonable cause,

(a) to provide any information required to be provided under this Regulation within the time it is required to be provided; or

(b) to comply with any requirement specified by the IESO.

(6) Payments required under this section by the IESO to a unit sub-meter provider and any subsequent adjustments may be made at the option of the IESO by way of set-off in the accounts maintained by the IESO.

Reliance on information

13. (1) For the purposes of the reimbursements and any repayments required under this Regulation, the Minister and electricity vendors shall rely on the information provided to them as required under this Regulation and any additional information requested under section 8.

(2) A licensed retailer and licensed distributor may rely on information provided to each other in determining if a person is entitled to financial assistance under the Act and the amount of the financial assistance.

Variance accounts

14. With the approval of and subject to any direction from the Board, licensed distributors, other than Cornwall Street Railway Light and Power Company Limited and Dubreuil Forest Products Limited, shall establish and maintain such variance accounts as may be necessary or desirable for the purposes of the Act and this Regulation.

If retail contract is deemed to be void

15. (1) This section applies if,

(a) a consumer has received financial assistance under the Act in respect of the cost of electricity retailed to the consumer by a licensed retailer pursuant to a contract with the consumer;

(b) the financial assistance was provided to the consumer by means of a credit deducted from the amount otherwise payable by the consumer to a licensed distributor or the licensed retailer in respect of the electricity; and

(c) the contract is deemed to be void under section 16 of the Energy Consumer Protection Act, 2010 and, pursuant to subsection 16 (3) of that Act, the licensed retailer is required to refund to the consumer the money paid by the consumer under the contract.

(2) The retailer shall,

(a) if the licensed retailer uses retailer-consolidated billing, pay to the Minister of Finance the amount of all reimbursements the licensed retailer received under clause 11 (3) (d) in respect of the eligible account to which the contract related; or

(b) if the licensed retailer uses distributor-consolidated billing, pay to the Minister of Finance an amount equal to the total amount of all financial assistance the consumer received in respect of the commodity price of the electricity under the contract.

Commencement

16. This Regulation comes into force on January 1, 2011.