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Electricity Act, 1998

S.O. 1998, CHAPTER 15
Schedule A

Consolidation Period: From May 14, 2008 to the e-Laws currency date.

Last amendment: 2008, c. 7, Sched. G.

SKIP TABLE OF CONTENTS

CONTENTS

PART I
GENERAL

Purposes

1.  The purposes of this Act are,

(a) to ensure the adequacy, safety, sustainability and reliability of electricity supply in Ontario through responsible planning and management of electricity resources, supply and demand;

(b) to encourage electricity conservation and the efficient use of electricity in a manner consistent with the policies of the Government of Ontario;

(c) to facilitate load management in a manner consistent with the policies of the Government of Ontario;

(d) to promote the use of cleaner energy sources and technologies, including alternative energy sources and renewable energy sources, in a manner consistent with the policies of the Government of Ontario;

(e) to provide generators, retailers and consumers with non-discriminatory access to transmission and distribution systems in Ontario;

(f) to protect the interests of consumers with respect to prices and the adequacy, reliability and quality of electricity service;

(g) to promote economic efficiency and sustainability in the generation, transmission, distribution and sale of electricity;

(h) to ensure that Ontario Hydro’s debt is repaid in a prudent manner and that the burden of debt repayment is fairly distributed;

(i) to facilitate the maintenance of a financially viable electricity industry; and

(j) to protect corridor land so that it remains available for uses that benefit the public, while recognizing the primacy of transmission uses. 2004, c. 23, Sched. A, s. 1.

Interpretation

2.  (1)  In this Act,

“affiliate”, with respect to a corporation, has the same meaning as in the Business Corporations Act; (“membre du même groupe”)

“alternative energy source” means a source of energy,

(a) that is prescribed by the regulations or that satisfies criteria prescribed by the regulations, and

(b) that can be used to generate electricity through a process that is cleaner than certain other generation technologies in use in Ontario before June 1, 2004; (“source d’énergie de remplacement”)

“ancillary services” means services necessary to maintain the reliability of the IESO-controlled grid, including frequency control, voltage control, reactive power and operating reserve services; (“services accessoires”)

“Board” means the Ontario Energy Board; (“Commission”)

“charges” means, with respect to the OPA, amounts charged by the OPA to recover amounts paid or payable by the OPA to another person with respect to electricity; (“frais”)

“consumer” means a person who uses, for the person’s own consumption, electricity that the person did not generate; (“consommateur”)

“corridor land” means the real property transferred to Her Majesty in right of Ontario by section 114.2; (“biens-fonds réservés aux couloirs”)

“distribute”, with respect to electricity, means to convey electricity at voltages of 50 kilovolts or less; (“distribuer”)

“distribution system” means a system for distributing electricity, and includes any structures, equipment or other things used for that purpose; (“réseau de distribution”)

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

“Electrical Safety Authority” means the person or body designated by the regulations as the Electrical Safety Authority; (“Office de la sécurité des installations électriques”)

“fees” means, with respect to the OPA or the IESO, amounts charged by the OPA or the IESO, as the case may be, to recover its costs of operations; (“droits”)

“Financial Corporation” means Ontario Hydro Financial Corporation, as continued under Part V; (“Société financière”)

Note: Effective April 1, 1999, the name of the Ontario Hydro Financial Corporation has been changed by regulation to Ontario Electricity Financial Corporation in English and Société financière de l’industrie de l’électricité de l’Ontario in French. See: O. Reg. 115/99, s. 1.

“generate”, with respect to electricity, means to produce electricity or provide ancillary services, other than ancillary services provided by a transmitter or distributor through the operation of a transmission or distribution system; (“produire”)

“generation facility” means a facility for generating electricity or providing ancillary services, other than ancillary services provided by a transmitter or distributor through the operation of a transmission or distribution system, and includes any structures, equipment or other things used for that purpose; (“installation de production”)

“generator” means a person who owns or operates a generation facility; (“producteur”)

“Governance and Structure By-law” means the by-law made under subsection 16 (2); (“règlement de régie”)

“Hydro One Inc.” means the corporation incorporated as Ontario Hydro Services Company Inc. under the Business Corporations Act on December 1, 1998; (“Hydro One Inc.”)

“IESO” means the Independent Electricity System Operator continued under Part II; (“SIERE”)

“IESO-administered markets” means the markets established by the market rules; (“marchés administrés par la SIERE”)

“IESO-controlled grid” means the transmission systems with respect to which, pursuant to agreements, the IESO has authority to direct operations; (“réseau dirigé par la SIERE”)

“integrated power system” means the IESO-controlled grid and the structures, equipment and other things that connect the IESO-controlled grid with transmission systems and distribution systems in Ontario and transmission systems outside Ontario; (“réseau d’électricité intégré”)

“licence” means a licence issued under Part V of the Ontario Energy Board Act, 1998; (“permis”)

“market participant” means a person who is authorized by the market rules to participate in the IESO-administered markets or to cause or permit electricity to be conveyed into, through or out of the IESO-controlled grid; (“intervenant du marché”)

“market rules” means the rules made under section 32; (“règles du marché”)

“Market Surveillance Panel” means the Market Surveillance Panel continued under Part II of the Ontario Energy Board Act, 1998; (“comité de surveillance du marché”)

“Minister” means the Minister of Energy or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ontario Power Generation Inc.” means the corporation incorporated as Ontario Power Generation Inc. under the Business Corporations Act on December 1, 1998; (“Ontario Power Generation Inc.”)

“OPA” means the Ontario Power Authority established under Part II.1; (“OEO”)

“procurement contract” means a contract referred to in subsection 25.32 (1); (“contrat d’acquisition”)

“regulations” means the regulations made under this Act; (“règlements”)

“reliability standard” means a standard or criterion, including an amendment to a standard or criterion, relating to the reliable operation of the integrated power system that is approved by a standards authority; (“norme de fiabilité”)

“renewable energy source” means an energy source that is renewed by natural processes and includes wind, water, a biomass resource or product, solar energy, geothermal energy, tidal forces and such other energy sources as may be prescribed by the regulations, but only if the energy source satisfies such criteria as may be prescribed by the regulations for that energy source; (“source d’énergie renouvelable”)

“retail”, with respect to electricity, means,

(a) to sell or offer to sell electricity to a consumer,

(b) to act as agent or broker for a retailer with respect to the sale or offering for sale of electricity, or

(c) to act or offer to act as an agent or broker for a consumer with respect to the sale or offering for sale of electricity; (“vendre au détail”)

“retailer” means a person who retails electricity; (“détaillant”)

“security” has the meaning assigned by the Securities Act; (“valeur mobilière”)

“service area”, with respect to a distributor, means the area in which the distributor is authorized by its licence to distribute electricity; (“secteur de service”)

“smart metering data” means data derived from smart meters, including data related to the consumers’ consumption of electricity; (“données des compteurs intelligents”)

“Smart Metering Entity” means the corporation incorporated, the limited partnership or the partnership formed or the entity designated pursuant to section 53.7 to accomplish the government’s smart metering initiative; (“Entité responsable des compteurs intelligents”)

“smart metering initiative” means those policies of the Government of Ontario related to its decision to ensure Ontario electricity consumers are provided, over time, with smart meters; (“initiative des compteurs intelligents”)

“standards authority” means the North American Electric Reliability Corporation or any successor thereof, or any other agency or body designated by regulation that approves standards or criteria applicable both in and outside Ontario relating to the reliability of transmission systems; (“organisme de normalisation”)

“subsidiary”, with respect to a corporation, has the same meaning as in the Business Corporations Act; (“filiale”)

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

“transmit”, with respect to electricity, means to convey electricity at voltages of more than 50 kilovolts; (“transporter”)

“transmitter” means a person who owns or operates a transmission system; (“transporteur”)

“voting security” has the same meaning as in the Business Corporations Act. (“valeur mobilière avec droit de vote”) 1998, c. 15, Sched. A, s. 2 (1); 2002, c. 1, Sched. A, s. 2 (1-6); 2002, c. 23, s. 3 (2); 2004, c. 23, Sched. A, s. 2 (1-10); 2006, c. 3, Sched. B, s. 1; 2008, c. 7, Sched. G, s. 1.

Alternative energy source, exception

(1.1)  Despite the definition of “alternative energy source” in subsection (1), an energy source is not an alternative energy source for the purposes of this Act in respect of a particular generation facility or unit if criteria prescribed by the regulations relating to the generation of electricity from the energy source are not satisfied. 2004, c. 23, Sched. A, s. 2 (11).

Renewable energy source, exception

(1.2)  Despite the definition of “renewable energy source” in subsection (1), an energy source is not a renewable energy source for the purposes of this Act in respect of a particular generation facility or unit if criteria prescribed by the regulations relating to the generation of electricity from the energy source are not satisfied. 2004, c. 23, Sched. A, s. 2 (12).

Determinations of Board

(2)  The definitions of “distribute”, “distribution system”, “distributor”, “transmission system”, “transmit” and “transmitter” in subsection (1) are subject to any determination made under section 84 of the Ontario Energy Board Act, 1998. 1998, c. 15, Sched. A, s. 2 (2).

References to Ontario Hydro

(3)  Subject to the regulations, a reference in this or any other Act or in the regulations made under this or any other Act to Ontario Hydro shall be deemed, after section 54 comes into force, to be a reference to the Financial Corporation, unless the context requires otherwise. 1998, c. 15, Sched. A, s. 2 (3).

References to Financial Corporation

(4)  A reference in this or any other Act or in the regulations made under this or any other Act to the Financial Corporation shall be deemed, before section 54 comes into force, to be a reference to Ontario Hydro, unless the context requires otherwise. 1998, c. 15, Sched. A, s. 2 (4).

References to Generation Corporation

(5)  A reference to the Generation Corporation in the regulations made under this or any other Act, an order made under Part X or a statement made under section 124 shall be deemed to be a reference to Ontario Power Generation Inc. 2002, c. 1, Sched. A, s. 2 (7).

References to Services Corporation

(6)  A reference to the Services Corporation in the regulations made under this or any other Act, an order made under Part X or a statement made under section 124 shall be deemed to be a reference to Hydro One Inc. 2002, c. 1, Sched. A, s. 2 (7).

References to Independent Electricity Market Operator

(7)  A reference in a statement mentioned in section 124 or in a regulation, order or rule made under this or any other Act,

(a) to the Independent Electricity Market Operator shall be deemed to be a reference to the Independent Electricity System Operator, unless the context requires otherwise, and to the IMO shall be deemed to be a reference to the IESO, unless the context requires otherwise;

(b) to the IMO-administered markets shall be deemed to be a reference to the IESO-administered markets;

(c) to the IMO-controlled grid shall be deemed to be reference to the IESO-controlled grid; and

(d) to the members of the Market Surveillance Panel of the Independent Electricity Market Operator in the Table to section 6 of Ontario Regulation 91/02 (General) made under the Civil Remedies Act, 2001 shall be deemed to be a reference to the members of the Market Surveillance Panel of the Ontario Energy Board or, if the Market Surveillance Panel has been dissolved under the Ontario Energy Board Act, 1998, to the members of the Ontario Energy Board. 2004, c. 23, Sched. A, s. 2 (13); 2007, c. 13, s. 42.

Municipal Act, 2001

3.  (1)  This Act applies despite the provisions of the Municipal Act, 2001 relating to the production, manufacture, distribution or supply of a public utility by a municipality or a municipal service board. 1998, c. 15, Sched. A, s. 3; 2002, c. 17, Sched. F, Table.

City of Toronto Act, 2006

(2)  This Act applies despite the provisions of the City of Toronto Act, 2006 relating to the production, manufacture, distribution or supply of a public utility by the City or by a city board as defined in subsection 3 (1) of that Act. 2006, c. 11, Sched. B, s. 4 (1).

Minister’s advisory committee

3.1  (1)  The Minister shall establish an advisory committee to provide advice to the Minister on such matters relating to electricity as the Minister may specify. 2004, c. 23, Sched. A, s. 3.

Appointment

(2)  The Minister shall appoint the members of the advisory committee. 2004, c. 23, Sched. A, s. 3.

PART II
INDEPENDENT ELECTRICITY SYSTEM OPERATOR

Independent Electricity System Operator

4.  (1)  The Independent Electricity Market Operator is continued as a corporation without share capital under the name Independent Electricity System Operator in English and Société indépendante d’exploitation du réseau d’électricité in French. 2004, c. 23, Sched. A, s. 4 (1).

Composition

(2)  The IESO is composed of those persons who, from time to time, comprise its board of directors. 1998, c. 15, Sched. A, s. 4 (2); 2004, c. 23, Sched. A, s. 4 (2).

Objects and character

5.  (1)  The objects of the IESO are,

(a) to exercise the powers and perform the duties assigned to the IESO under this Act, the market rules and its licence;

(b) to enter into agreements with transmitters giving the IESO authority to direct the operation of their transmission systems;

(c) to direct the operation and maintain the reliability of the IESO-controlled grid to promote the purposes of this Act;

(d) to participate in the development by any standards authority of standards and criteria relating to the reliability of transmission systems;

(e) to work with the responsible authorities outside Ontario to co-ordinate the IESO’s activities with their activities;

(f) to collect and provide to the OPA and the public information relating to the current and short-term electricity needs of Ontario and the adequacy and reliability of the integrated power system to meet those needs; and

(g) to operate the IESO-administered markets to promote the purposes of this Act. 2004, c. 23, Sched. A, s. 5 (1).

Not for profit

(2)  The business and affairs of the IESO shall be carried on without the purpose of gain and any profits shall be used by the IESO for the purpose of carrying out its objects. 1998, c. 15, Sched. A, s. 5 (2); 2004, c. 23, Sched. A, s. 5 (2).

Capacity

(3)  The IESO has the capacity and the rights, powers and privileges of a natural person for the purpose of carrying out its objects. 1998, c. 15, Sched. A, s. 5 (3); 2004, c. 23, Sched. A, s. 5 (2).

Dissolution

(4)  Upon the dissolution of the IESO and after the payment of all debts and liabilities, the remaining property of the IESO is vested in Her Majesty in right of Ontario. 2004, c. 23, Sched. A, s. 5 (3).

Not Crown agent

6.  The IESO is not an agent of Her Majesty for any purpose, despite the Crown Agency Act. 1998, c. 15, Sched. A, s. 6; 2004, c. 23, Sched. A, s. 6.

Board of directors

7.  (1)  The IESO’s board of directors shall manage and supervise the management of the IESO’s business and affairs. 2004, c. 23, Sched. A, s. 7.

Composition

(2)  The board of directors shall be composed of,

(a) the chief executive officer of the IESO; and

(b) 10 additional individuals who are appointed as directors by the Minister. 2004, c. 23, Sched. A, s. 7.

Directors to be independent

(3)  Each director shall hold office as an independent director and not as a representative of any class of persons. 2004, c. 23, Sched. A, s. 7.

Restriction on persons who may be directors

(4)  No person who is a member of a class of persons prescribed by the regulations may hold office as a director of the IESO. 2004, c. 23, Sched. A, s. 7.

Term of office and reappointment

(5)  A director appointed in accordance with clause (2) (b) shall hold office at pleasure for an initial term not exceeding two years and, subject to subsection (4), may be reappointed for successive terms not exceeding five years each. 2004, c. 23, Sched. A, s. 7.

Quorum

(6)  A majority of the members of the board of directors constitute a quorum of the board. 2004, c. 23, Sched. A, s. 7.

Chair

(7)  The board of directors shall appoint one of the directors as chair of the board. 2004, c. 23, Sched. A, s. 7.

Ceasing to hold office

(8)  A director ceases to hold office in the circumstances specified in the Governance and Structure By-law. 2004, c. 23, Sched. A, s. 7.

Vacancy in board

(9)  If there are one or more vacancies in the board of directors, the remaining directors may exercise all the powers of the board if they would constitute a quorum of the board if there were no vacancies. 2004, c. 23, Sched. A, s. 7.

Former directors cease to hold office

(10)  A person who was a member of the board of directors immediately before this subsection comes into force ceases to be a member of the board of directors when this subsection comes into force, but nothing in this subsection prevents the person from being reappointed. 2004, c. 23, Sched. A, s. 7.

No claim for compensation

(11)  A director who ceases to hold office as director by reason of subsection (10) has no right of recourse against the Crown or any person. 2004, c. 23, Sched. A, s. 7.

Chief executive officer

8.  (1)  The board of directors of the IESO shall appoint a chief executive officer of the IESO. 1998, c. 15, Sched. A, s. 8; 2004, c. 23, Sched. A, s. 8 (1).

Exception

(2)  Despite subsection (1), the first chief executive officer appointed on or after the day this subsection comes into force shall be appointed by the Minister, but nothing in this subsection prevents the board of directors of the IESO from appointing any subsequent chief executive officer. 2004, c. 23, Sched. A, s. 8 (2).

Director duties

9.  Every director of the IESO shall, in exercising and performing his or her powers and duties,

(a) act honestly and in good faith in the best interests of the IESO; and

(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. 1998, c. 15, Sched. A, s. 9; 2004, c. 23, Sched. A, s. 9.

Conflict of interest

10.  The directors and officers of the IESO shall comply with the provisions of the Governance and Structure By-law relating to conflict of interest. 1998, c. 15, Sched. A, s. 10; 2004, c. 23, Sched. A, s. 10.

Codes of conduct

11.  (1)  The board of directors of the IESO may establish codes of conduct applicable to the directors, officers, employees and agents of the IESO and to members of panels established by the IESO. 1998, c. 15, Sched. A, s. 11 (1); 2004, c. 23, Sched. A, s. 11 (1).

Conflict

(2)  Any provision of a code of conduct that conflicts with this Act or the IESO’s by-laws is void. 1998, c. 15, Sched. A, s. 11 (2); 2004, c. 23, Sched. A, s. 11 (2).

Delegation

12.  Subject to the Governance and Structure By-law, the board of directors of the IESO may delegate any of the IESO’s powers or duties to a committee of the board, to a panel established by the board of directors or to any other person or body, subject to such conditions and restrictions as may be specified by the board of directors. 2004, c. 23, Sched. A, s. 12.

Panels

13.  (1)  The board of directors of the IESO may establish one or more panels for the purposes of this Act. 2004, c. 23, Sched. A, s. 13.

Testimony

(2)  A member of a panel established for the purpose of resolving or attempting to resolve a dispute between market participants, or a dispute between one or more market participants and the IESO, shall not be required in any civil proceeding to give testimony with respect to information obtained in the course of resolving or attempting to resolve the dispute. 2004, c. 23, Sched. A, s. 13.

Staff and assistance

13.1  Subject to the by-laws of the IESO, a panel established by the board of directors may use the services of,

(a) the IESO’s employees, with the consent of the IESO; and

(b) persons other than the IESO’s employees who have technical or professional expertise that is considered necessary. 2004, c. 23, Sched. A, s. 14.

Stakeholder input

13.2  The IESO shall establish one or more processes by which consumers, distributors, generators, transmitters and other persons who have an interest in the electricity industry may provide advice and recommendations for consideration by the IESO. 2004, c. 23, Sched. A, s. 14.

Liability

14.  (1)  No action or other civil proceeding shall be commenced against a director, officer, employee or agent of the IESO, a member of the advisory committee or a member of a panel established by the board of directors of the IESO for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under any Act, the regulations under any Act, the IESO’s licence, the IESO’s by-laws or the market rules, or for any neglect or default in the exercise or performance in good faith of such a power or duty. 2004, c. 23, Sched. A, s. 15 (1).

Same

(2)  Subsection (1) does not relieve the IESO of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in subsection (1). 1998, c. 15, Sched. A, s. 14 (2); 2004, c. 23, Sched. A, s. 15 (2).

Confidential information relating to market participant

14.1  A record that contains information provided to or obtained by the IESO relating to a market participant and that is designated by the IESO as confidential or highly confidential shall be deemed, for the purpose of section 17 of the Freedom of Information and Protection of Privacy Act, to be a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. 2002, c. 1, Sched. A, s. 4; 2004, c. 23, Sched. A, s. 16.

Liability of directors under the Employment Standards Act, 2000

15.  Part XX of the Employment Standards Act, 2000 does not apply to a director of the IESO. 2004, c. 23, Sched. A, s. 17.

By-laws

16.  (1)  The board of directors of the IESO may make by-laws regulating the business and affairs of the IESO. 1998, c. 15, Sched. A, s. 16 (1); 2004, c. 23, Sched. A, s. 18 (1).

Governance and Structure By-Law

(2)  The board of directors shall make a by-law under subsection (1) dealing with matters of corporate governance and structure, including,

(a) Repealed: 2004, c. 23, Sched. A, s. 18 (2).

(b) the appointment of the chief executive officer of the IESO;

(c) the circumstances in which a director ceases to hold office;

(c.1) the remuneration and benefits of the chair and the other members of the board;

(d) conflict of interest;

(e) the delegation of the IESO’s powers and duties;

(f) the establishment, composition and functions of panels. 1998, c. 15, Sched. A, s. 16 (2); 2004, c. 23, Sched. A, s. 18 (2-5).

Same

(3)  The Governance and Structure By-law may be made only with the approval in writing of the Minister. 1998, c. 15, Sched. A, s. 16 (3).

Amendment or repeal of Governance and Structure By-Law

(4)  A by-law that amends or repeals the Governance and Structure By-law shall be filed with the Minister by the board of directors. 1998, c. 15, Sched. A, s. 16 (4).

Disallowance

(5)  The Minister may disallow a by-law to which subsection (4) applies by written notice to the board of directors given within 60 days after the by-law is filed with the Minister. 1998, c. 15, Sched. A, s. 16 (5).

Effective date

(6)  A by-law to which subsection (4) does not apply comes into force on the day it is made or on such later date as may be specified in the by-law. 1998, c. 15, Sched. A, s. 16 (6).

Same

(7)  Subject to subsections (5) and (8), a by-law to which subsection (4) applies comes into force on the earlier of the following dates:

1. The expiry of the 60-day period referred to in subsection (5).

2. The date on which the Minister notifies the board of directors in writing that he or she will not disallow the by-law. 1998, c. 15, Sched. A, s. 16 (7).

Same

(8)  Subject to subsection (5), a by-law to which subsection (4) applies may specify that it comes into force on a date later than the date determined under subsection (7). 1998, c. 15, Sched. A, s. 16 (8).

Conflict between by-laws

(9)  In the event of a conflict between the Governance and Structure By-law and another by-law, the Governance and Structure By-law prevails. 1998, c. 15, Sched. A, s. 16 (9).

Legislation Act, 2006, Part III

(10)  Part III (Regulations) of the Legislation Act, 2006 does not apply to by-laws made under this section. 1998, c. 15, Sched. A, s. 16 (10); 2006, c. 21, Sched. F, s. 136 (1).

Transition

(11)  For greater certainty, all by-laws made by the board of directors before subsection 4 (1) of Schedule A to the Electricity Restructuring Act, 2004 comes into force remain in effect until amended or revoked in accordance with this Act. 2004, c. 23, Sched. A, s. 18 (6).

Province may purchase securities, etc.

17.  (1)  The Lieutenant Governor in Council may by order authorize the Minister of Finance to purchase securities of or make loans to the IESO at such times and on such terms and conditions as the Minister may determine subject to the maximum principal amount and to any other terms and conditions that are specified by the Lieutenant Governor in Council. 1998, c. 15, Sched. A, s. 17 (1); 2004, c. 23, Sched. A, s. 19.

Payment from C.R.F.

(2)  The Minister of Finance may pay out of the Consolidated Revenue Fund any amount required for the purposes of subsection (1). 1998, c. 15, Sched. A, s. 17 (2).

Delegation

(3)  In an order under subsection (1), the Lieutenant Governor in Council may delegate to an officer or employee of the Crown or an agency of the Crown or to a solicitor engaged to act for the Minister of Finance, any or all of the powers of the Minister of Finance under this section. 1998, c. 15, Sched. A, s. 17 (3).

Fees payable to Minister of Finance

(4)  The IESO shall pay to the Minister of Finance such fees as are prescribed by the regulations in respect of securities purchased and sums loaned under this section. 1998, c. 15, Sched. A, s. 17 (4); 2004, c. 23, Sched. A, s. 19.

Fees

18.  The IESO may establish and charge fees for anything done in connection with the IESO-controlled grid or the IESO-administered markets. 2004, c. 23, Sched. A, s. 20.

Review of requirements and fees

19.  (1)  The IESO shall, at least 60 days before the beginning of each fiscal year, submit its proposed expenditure and revenue requirements for the fiscal year and the fees it proposes to charge during the fiscal year to the Board for review, but shall not do so until after the Minister approves or is deemed to approve the IESO’s proposed business plan for the fiscal year under section 19.1. 2004, c. 23, Sched. A, s. 21.

Board’s powers

(2)  The Board may approve the proposed requirements and the proposed fees or may refer them back to the IESO for further consideration with the Board’s recommendations. 2004, c. 23, Sched. A, s. 21.

Same

(3)  In reviewing the IESO’s proposed requirements and proposed fees, the Board shall not take into consideration the remuneration and benefits of the chair and other members of the board of directors of the IESO. 2004, c. 23, Sched. A, s. 21.

Changes in fees

(4)  The IESO shall not establish, eliminate or change any fees without the approval of the Board. 2004, c. 23, Sched. A, s. 21.

Hearing