ontario regulation 160/15
made under the
Ontario Energy Board Act, 1998
Made: June 17, 2015
Filed: June 19, 2015
Published on e-Laws: June 19, 2015
Printed in The Ontario Gazette: July 4, 2015
Amending O. Reg. 161/99
(DEFINITIONS AND EXEMPTIONS)
1. Section 4.0.1 of Ontario Regulation 161/99 is amended by adding the following subsections:
(1.2) Subsections (1.3), (1.4) and (1.5) apply with respect to the reasonable costs that an exempted distributor may recover in a month from the consumers,
(a) who have accounts for the provision of electricity by the exempted distributor to eligible residential units in the same eligible complex, and
(b) if applicable under paragraph 4 of subsection (1. 4), from other consumers who have accounts for the provision of electricity by the exempted distributor to units in the eligible complex.
(1.3) For the purposes of subsection (1), the reasonable costs that an exempted distributor may recover from the consumers must be calculated in a manner that ensures the consumers receive the full benefit of their share, as determined in subsection (1.4), of any exemption from the debt retirement charge under section 5.2 or 5.3 of the debt retirement charge regulation for which the exempted distributor is eligible in respect of the eligible complex for the month.
(1.4) For the purposes of subsection (1.3), the benefit of the exemption referred to in that subsection shall be applied in the following manner:
1. First, to each consumer referred to in clause (1.2) (a), with respect to the amount of electricity consumed in the month in the eligible residential unit or units to which the account relates, to a maximum of 1,500 kilowatt hours of electricity for each eligible residential unit.
2 Second, to each consumer referred to in clause (1.2) (a) consuming more than 1,500 kilowatt hours in the month in an eligible residential unit, with respect to the amount of electricity consumed in excess of 1,500 kilowatt hours in that eligible residential unit. However if, after applying the exemption in the manner set out in paragraph 1, the available amount of electricity with respect to which the exemption relates for the month is less than the total amount of electricity to which the exemption is to be applied under the first sentence of this paragraph, then the exemption shall be applied to the consumers referred to in that sentence pro rata in proportion to the amount of electricity consumed by each of them in excess of 1,500 kilowatt hours in the month.
3. Third, to the common areas of the eligible complex, with respect to the amount of electricity consumed in the month in the common areas.
4. Fourth, to such other units in the eligible complex as the distributor may determine.
(1.5) In subsections (1.2), (1.3) and (1.4) and this subsection,
“debt retirement charge regulation” means Ontario Regulation 493/01 (Debt Retirement Charge – Rates and Exemptions) made under the Electricity Act, 1998;
“eligible complex” means the building or facility or related group of buildings or facilities in which electricity is distributed by an exempted distributor through a distribution system owned or operated by the exempted distributor to at least one eligible residential unit;
“eligible residential unit” means an eligible residential unit as defined in subsection 1 (1) of the debt retirement charge regulation;
“exempted distributor” means a distributor referred to in subsection (1) who has an account with a licensed distributor for the provision of electricity that is consumed in at least one eligible residential unit in an eligible complex;
“licensed distributor” means a distributor other than a distributor referred to in subsection (1)
“month” means, in relation to an exempted distributor, the period for which the exempted distributor is assessed the monthly rates and charges set out in a rate order made by the Board under section 78 of the Act.
2. This Regulation comes into force on the later of January 1, 2016 and the day it is filed.