O. Reg. 494/10: CLASSES OF CONSUMERS AND DETERMINATION OF RATES


Published: 2010-12-14

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ontario regulation 494/10

made under the

Ontario Energy Board Act, 1998

Made: December 13, 2010
Filed: December 14, 2010
Published on e-Laws: December 15, 2010
Printed in The Ontario Gazette: January 1, 2011


Amending O. Reg. 95/05

(Classes of Consumers and Determination of Rates)

1. (1) The definition of “generation station service” in section 1 of Ontario Regulation 95/05 is revoked and the following substituted:

“generation station service” means energy withdrawn from a distribution system or the IESO-controlled grid to power the on-site maintenance and operation of a generation facility;

(2) Section 1 of the Regulation is amended by adding the following definitions:

“holiday” means New Year’s Day, Family Day, Good Friday, Christmas Day, Boxing Day, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day and, if any of those days falls on a Saturday or Sunday, the weekday next following that day that is not one of those days;

“weekday” means any Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday.

2. (1) Subsection 4 (1) of the Regulation is revoked.

(2) Paragraph 4 of subsection 4 (2) of the Regulation is amended by striking out at the end “and who is not otherwise eligible for treatment under clause 79.16 (1) (b) of the Act pursuant to a regulation made under the Act”.

(3) Paragraph 5 of subsection 4 (2) of the Regulation is revoked and the following substituted:

5. A consumer who has an account with a distributor if the consumer,

i. carries on a business that is a farming business for the purposes of the Farm Registration and Farm Organizations Funding Act, 1993, and

ii. holds a valid registration number assigned under that Act or the consumer’s obligation to file a farming business registration form was waived pursuant to an order made under subsection 22 (6) of that Act.

3. (1) Subsection 6 (1) of the Regulation is amended by adding the following paragraph:

4. In determining rates commencing May 1, 2011, the Board shall set an off-peak period associated with the regulated price referred to as RPEMOFF in section 3.4 of the “Standard Supply Service Code for Electricity Distributors” issued by the Board,

i. that begins no later than 7 p.m. on every weekday and ends,

A. no earlier than 7 a.m. on the next day if the next day is a weekday, or

B. no earlier than 12 a.m. on the next day if the next day is Saturday, Sunday or a holiday, and

ii. that begins no later than 12 a.m. on every Saturday, Sunday and holiday and ends no earlier than,

A. 12 a.m. on the next day, if the next day is Saturday, Sunday or a holiday, or

B. 7 a.m. on the next day if the next day is a weekday.

(2) Subsection 6 (2) of the Regulation is revoked and the following substituted:

(2) The times of day set out in subparagraphs 4 i and ii of subsection (1) are in central standard or daylight savings time or eastern standard or daylight savings time, whichever is then prevailing in the particular location in Ontario.

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

(1) Clause 79.16 (1) (b) of the Act does not apply to a consumer in respect of electricity retailed to the consumer by Fort Frances Power Corporation pursuant to its obligations under section 29 of the Electricity Act, 1998 for the volume of electricity supplied to Fort Frances Power Corporation by Abitibi-Consolidated Hydro Limited Partnership.

(2) Subsection 7 (2) of the Regulation is revoked.

5. This Regulation comes into force on the later of January 1, 2011 and the day it is filed.