O. Reg. 109/13: PRESCRIBED CONTRACTS RE SECTIONS 78.3 AND 78.4 OF THE ACT

Link to law: http://www.ontario.ca/laws/regulation/r13109
Published: 2013-03-22

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ontario regulation 109/13

made under the

ontario energy board act, 1998

Made: March 20, 2013
Filed: March 22, 2013
Published on e-Laws: March 22, 2013
Printed in The Ontario Gazette: April 6, 2013


Amending O. Reg. 578/05

(prescribed contracts re sections 78.3 and 78.4 of the act)

1. (1) Paragraph 18 of section 4 of Ontario Regulation 578/05 is revoked and the following substituted:

18. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated August 18, 2008, entitled “Southwest Greater Toronto Area (GTA) Supply”, including those entered into pursuant to amendments to the direction dated December 13, 2012.

(2) Paragraph 24 of section 4 of the Regulation is revoked and the following substituted:

24. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated September 24, 2009 to develop a feed-in-tariff (“FIT”) program to procure renewable energy from a wide range of renewable energy resources.

24.1 Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.5) of the Electricity Act, 1998 dated September 24, 2009, entitled “Aboriginal Energy Partnerships Program”, including those entered into pursuant to amendments to the direction dated August 25, 2011.

24.2 Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.6) of the Electricity Act, 1998 dated September 24, 2009, entitled “Community Energy Partnerships Program”, including those entered into pursuant to amendments to the direction dated November 26, 2010.

24.3 Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4) of the Electricity Act, 1998 dated December 8, 2009, entitled “Supplementary Initiative to July 13, 2006 Direction re Coordination and Funding of LDC Activities to Deliver Conservation and Demand-Side Management Programs”.

(3) Paragraphs 27 and 28 of section 4 of the Regulation are revoked and the following substituted:

27. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated March 18, 2010, entitled “Broadcasting Initiative — Procurement of Renewable Energy Advertisements”, including those entered into pursuant to amendments to the direction dated December 6, 2010.

28. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) and section 25.35 of the Electricity Act, 1998

dated April 1, 2010 to negotiate one or more Power Purchase Agreements with respect to the Government’s Green Energy Investment Agreement with Samsung C&T Corporation and Korea Electric Power Corporation to develop 2500 megawatts of renewable energy projects in Ontario.

(4) Paragraph 29.1 of section 4 of the Regulation is revoked and the following substituted:

29.1 Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) of the Electricity Act, 1998 dated April 23, 2010, entitled “Conservation and Demand Management Initiatives under the GEA Conservation Framework”, including those entered into pursuant to amendments to the direction dated December 21, 2012.

(5) Paragraph 30 of section 4 of the Regulation is revoked and the following substituted:

30. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under section 25.32 of the Electricity Act, 1998 dated August 26, 2010, entitled “Atikokan Biomass Energy Supply Agreement (“ABESA”) with Ontario Power Generation”.

31. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under section 25.32 of the Electricity Act, 1998 dated November 23, 2010, entitled “Negotiating New Contracts with Non-Utility Generators”.

32. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) of the Electricity Act, 1998 dated November 23, 2010, entitled “Combined Heat and Power”.

33. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) and section 25.35 of the Electricity Act, 1998

dated July 29, 2011, entitled “Korean Consortium’s Haldimand Projects”.

34. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under section 25.32 of the Electricity Act, 1998 dated August 17, 2011, entitled “Thunder Bay Generating Station Conversion to Natural Gas”.

35. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated August 19, 2011, entitled “Constrained microFIT Projects”.

36. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) of the Electricity Act, 1998 dated August 19, 2011, entitled “Procuring Electricity from Energy from Waste (“EFW”) Facilities using technologies that have completed the Ministry of the Environment (“MOE”) Pilot or Demonstration Project (“PDP”) Initiative”.

37. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated April 5, 2012, entitled “Feed-in Tariff Program Review”.

38. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.5) of the Electricity Act, 1998 dated April 5, 2012, entitled “Aboriginal Energy Partnerships Program”.

39. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.6) of the Electricity Act, 1998 dated April 5, 2012, entitled “Community Energy Partnerships Program”.

40. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated July 11, 2012, entitled “Feed-in Tariff Program Launch”.

41. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.6) of the Electricity Act, 1998 dated July 11, 2012, entitled “Community Energy Partnerships Program”.

42. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsections 25.32 (4) and (4.1) of the Electricity Act, 1998 dated November 1, 2012, entitled “Industrial Electricity Incentive Program”.

43. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated November 23, 2012, entitled “Renewable Energy Program Re-Launch”.

44. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated November 23, 2012, entitled “Constrained microFIT Projects”.

45. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.5) of the Electricity Act, 1998 dated November 23, 2012, entitled “Aboriginal Renewable Energy Fund”.

46. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.6) of the Electricity Act, 1998 dated November 23, 2012, entitled “Community Energy Partnerships Program”.

47. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated December 11, 2012, entitled “Renewable Energy Program Re-Launch”.

48. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated January 21, 2013, entitled “Hydroelectric Projects”.

(6) Section 4 of the Regulation is amended by adding the following subsection:

(2) If a procurement contract that satisfies a rule set out in subsection (1) is amended, or is amended and restated, the contract as amended or as amended and restated is also a prescribed contract for the purposes of subsection 78.4 (1) of the Act.

Commencement

2. This Regulation comes into force on the day it is filed.