Electricity Act, 1998, S.O. 1998, c. 15, Sched. A

Electricity Act, 1998

S.O. 1998, CHAPTER 15
Schedule A

Consolidation Period: From December 31, 2011 to the e-Laws currency date.

Last amendment: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011.

SKIP TABLE OF CONTENTS

CONTENTS


PART I GENERAL
1.	Purposes
2.	Interpretation
3.	Municipal Act, 2001
3.1	Minister’s advisory committee
PART II INDEPENDENT ELECTRICITY SYSTEM OPERATOR
4.	Independent Electricity System Operator
5.	Objects and character
6.	Not Crown agent
7.	Board of directors
8.	Chief executive officer
9.	Director duties
10.	Conflict of interest
11.	Codes of conduct
12.	Delegation
13.	Panels
13.1	Staff and assistance
13.2	Stakeholder input
14.	Liability
14.1	Confidential information relating to market participant
15.	Liability of directors under the Employment Standards Act, 2000
16.	By-laws
17.	Province may purchase securities, etc.
18.	Fees
19.	Review of requirements and fees
19.1	Business plan
20.	Auditor
20.1	Auditor General
21.	Annual report
22.	Other reports
23.	Information to Board, OPA, etc.
24.	Application of corporations statutes
25.	Statutory Powers Procedure Act
PART II.1 ONTARIO POWER AUTHORITY
25.1	Ontario Power Authority
25.2	Objects and character
25.3	Not a Crown agent
25.4	Board of directors
25.5	Director duties
25.6	Chief executive officer
25.7	Conflict of interest
25.8	Codes of conduct
25.9	Delegation
25.10	Panels
25.12	Stakeholder input
25.13	Staff and assistance
25.14	Liability
25.15	Liability of directors under the Employment Standards Act, 2000
25.16	By-laws
25.17	Province may purchase securities, etc.
25.18	Reimbursement of costs incurred by the Crown
25.20	Fees and charges
25.21	Review of requirements and fees
25.22	Business plan
25.23	Auditor
25.24	Auditor General
25.25	Annual report
25.26	Other reports
25.27	Information to Board
25.28	Application of corporations statutes
PART II.2 MANAGEMENT OF ELECTRICITY SUPPLY, CAPACITY AND DEMAND
25.29	Assessment of electricity resources
25.30	Integrated power system plan
25.31	Procurement process for electricity supply, etc.
25.32	Procurement contracts
25.33	Electricity pricing to reflect costs
25.34	Payments with respect to certain retail contracts
25.35	Feed-in tariff program
PART III THE ELECTRICITY MARKETS
Access to Transmission and Distribution Systems
25.36	Mandatory connection to transmission or distribution system
25.37	Information re connections
26.	Non-discriminatory access
27.	Use of IESO-controlled grid
28.	Distributor’s obligation to connect
28.1	Manner of connection
29.	Distributor’s obligation to sell electricity
29.1	Conservation measures
30.	Allocation during emergencies, etc.
30.1	Security criteria
31.	Termination of service
31.	Termination of service
31.1	Emergency termination of service
Market Rules
32.	Market rules
33.	Amendment of market rules
34.	Urgent amendments
35.	Other reviews of market rules
35.1	Statutory powers of decision
36.	Appeals from orders
36.1	Exemptions from market rules
Reliability Standards
36.2	Reliability standards
36.3	Appeals from sanction orders
36.4	Statutory powers of decision
Investigations
37.	Investigation by Market Surveillance Panel
37.1	Review of materials by Panel
37.2	No obstruction
37.3	Confidentiality
Abuse of Market Power
38.	Abuse of market power
Emergency Plans
39.	Emergency plans
Powers of Entry
40.	Powers of entry
Property Interests
41.	Public streets and highways
42.	Telecommunications services
42.1	Easement: generators, transmitters and distributors
43.	Easement over lands sold for taxes
43.1	Easement: municipal public utilities
44.	Ownership of fixtures
45.	Exemption from seizure
46.	Unregistered rights
46.1	Transition
46.2	Toronto land used by Ontario Hydro
47.	Affixing signs, etc.
PART IV HYDRO ONE INC.
48.	Objects of Hydro One Inc.
48.1	Statutory duties and restrictions
48.2	Mandatory provisions in articles
49.	Rights of the Minister
50.	Corporations authorized re Hydro One Inc.
50.1	Corporations and other entities and arrangements to hold securities, etc.
50.2	Right of the Minister re corporations and other entities and arrangements
50.3	Proceeds of disposition
50.4	Reporting requirements
51.	Non-application, Financial Administration Act, s. 28
52.	Residual power of the Crown
53.	Regulations
53.0.1	Regulations, smart grid
PART IV.1 ONTARIO POWER GENERATION INC.
53.1	Objects of Ontario Power Generation Inc.
53.2	Rights of the Minister
53.3	Corporations to hold shares
53.4	Reporting requirements
53.5	Residual power of the Crown
53.6	Power to acquire land and property
PART IV.2 THE SMART METERING ENTITY
53.7	The Smart Metering Entity
53.8	Objects or nature of the business of the Smart Metering Entity
53.9	Status of the Smart Metering Entity
53.10	Powers of Smart Metering Entity corporation
53.11	Mandatory provisions in articles
53.12	Smart Metering Entity participation in partnerships, etc.
53.13	Reporting requirements
53.14	Collection of consumer information
53.15	Reciprocal obligations concerning information
53.16	Obligations of distributors, etc., re: installing meters
53.18	Prohibition re: discretionary metering activities
53.19	Procurement contracts, transition
53.20	Reimbursement of costs incurred by the Crown
53.21	Regulations
PART V THE FINANCIAL CORPORATION
54.	Ontario Hydro Financial Corporation
55.	Objects and character
56.	Crown agent
58.	Board of directors
59.	Chief executive officer
60.	Delegation
61.	By-laws
62.	Use of revenues
63.	Special purpose account
65.	Limitation on borrowing
66.	Authorization to borrow
67.	Province may purchase securities, etc.
68.	Province may raise funds
69.	Guarantee and indemnity
70.	Delegation, order under ss. 66 to 69
71.	Fees payable to Minister of Finance
72.	Subsidiaries
73.	Entities established for effecting financing
74.	Directives
75.	Evidence of authority
76.	Employees
77.	Liability
78.	Waiver of immunity
79.	Judgments against Financial Corporation
80.	Audits
81.	Annual report
82.	Other reports
83.	Application of corporations statutes
84.	Tax exemption
84.1	Repeal, Part V
PART V.1 DEBT RETIREMENT CHARGE
The Residual Stranded Debt and the Debt Retirement Charge
85.	Charges to retire debt
85.1	Duty to meter consumption
85.2	Exemptions
Registration
85.3	Collectors of debt retirement charge
85.4	Registration of self-generating users
Assessment and Reassessment of Amounts Owing
85.5	Assessment payable by collector
85.6	Administrative penalties, collectors
85.7	Assessments payable by users
85.8	Administrative penalties, users
85.9	Administrative penalty, self-generating user
85.10	Liability of corporate directors
85.11	Assessment of interest payable
85.12	Notice of assessment
85.13	Effect of information and returns
Payments, Refunds and Rebates
85.14	Payment of assessed amounts
85.15	Refunds and rebates
85.16	Refund of overpayment
Objections and Appeals
85.17	Objections and appeals
Collection of Amounts Owing
85.18	Funds held in trust
85.19	Method of collection
Offences
85.20	Offences
85.21	Offence, directors of a corporation
85.22	Offence, confidentiality
85.23	Offences, false statements, etc., and fraud
85.24	General offence
85.25	Imprisonment, failure to pay fine
85.26	Limitation period and onus of proof
85.27	Payment of fines
Administration
85.28	Inspection
85.29	Confidentiality
85.30	Methods of giving notice
85.31	Proof of compliance
85.32	Evidence re collectors
85.33	Evidence re other documents
85.34	Affidavits, etc.
85.35	Forms
86.	Regulations, Parts V and V.I
87.	Repeal
PART VI SPECIAL PAYMENTS
88.	Definitions, Part VI
89.	Payments in lieu of federal corporate tax
90.	Payments in lieu of provincial corporate tax
91.	Other payments
91.1	Allocation of Federal tax
92.	Payments in lieu of additional municipal and school taxes
92.1	Tax and charges on hydro-electric stations
93.	Municipal electricity utilities
94.	Municipal electricity property: transfer tax
95.	Application of Corporations Tax Act
95.1	Order to remit, Financial Corporation
96.	Regulations, Part VI
PART VII PENSION PLANS
97.	Interpretation, Part VII
98.	Financial Corporation Pension Plan
99.	Employer contributions to FCPP
100.	Administrative costs of FCPP
101.	Additional pension plans of Financial Corporation
102.	Successor pension plans
103.	Members of successor plans
104.	Employer contributions to successor plans
104.1	Participation by affiliates in successor pension plans
105.	Administrative costs of successor plans
106.	Additional pension plans of successor employers
107.	Reciprocal transfer agreements
108.	FCPP membership temporarily extended
109.	Employer contributions re temporary members
110.	Subsidiary to act as agent of Financial Corporation
111.	Transfer agreements for successor plans
112.	Transfer of benefits to successor plans
PART VIII ELECTRICAL SAFETY
112.1	Definitions
113.	Electrical Safety
113.0.1	Prohibitions
113.1	Director
113.2	Authorization
113.3	Notice of proposal
113.4	Hearing
113.5	Provisional suspension or refusal to renew if safety involved
113.6	Default in payment
113.7	Opportunities before hearing
113.8	Recording of evidence
113.9	Conflict
113.10	Appeal after hearing
113.11	Continuation of authorization
113.12	Compliance order
113.12.1	Definition
113.13	Inspections
113.13.1	Order to turn over or retain electrical product or device
113.13.2	Warrant to seize electrical product or device
Release or Forfeiture of Electrical Product or Device
113.13.3	Application of section
113.14	Appointment of investigators
113.14.1	Search warrant
113.14.2	No warrant required in exigent circumstances
113.14.3	Seizure of things in plain view
113.15	Information confidential
113.16	Director’s confirmation
113.17	Fees, etc.
113.18	Agreement to exercise Authority’s powers
113.19	Liability
113.20	Offences
113.21	Conflict
113.22	Regulations
PART IX REGULATIONS
114.	Regulations
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Interpretation
114.1	Definitions
Ownership and Use
114.2	Transfer of corridor land to the Crown
114.3	Effect of transfer to the Crown
114.4	Effect of transfer on leases, etc., affecting corridor land
114.5	Statutory right to use corridor land
114.6	Primacy of use for transmission or distribution system
114.7	Duty re use of corridor land
114.8	Directions re location of buildings, etc.
114.9	Relocation of buildings, etc.
114.10	Cessation of use for transmission system, etc.
114.11	Disposition of statutory right
114.12	Restriction on expropriation by holder of statutory right
114.13	Transfer of ownership by Crown to person with statutory right
General
114.14	Duty to provide records, information and reports
114.15	Residual power of the Crown
114.16	Indemnity re corridor land
114.17	Delegation of powers and duties
114.18	Regulations
PART X TRANSITION — ONTARIO HYDRO
115.	Definitions, Part X
116.	Transfer orders
117.	Notice of date
118.	Description of things transferred
119.	Approvals under the Power Corporation Act
120.	Officers and employees
121.	Payment for transfer
122.	Province may assume obligations in return for securities
123.	Effective date of transfer
124.	Statements in registered documents
125.	Execution of agreements
126.	Enforcement of things transferred
127.	Actions and other proceedings
128.	Limitation periods
129.	Certain rights not affected by transfer
130.	No new cause of action
131.	Conditions on exercise of powers
132.	Information
133.	Transfer orders, other matters
134.	Amendment of transfer order
135.	Exemptions from other Acts
136.	Limitations
137.	Pensions
138.	Other transfer orders
139.	Provincial liability not limited
140.	Regulations, Part X
PART XI TRANSITION — MUNICIPAL ELECTRICITY UTILITIES
141.	Interpretation, Part XI
142.	Incorporation of municipal electricity businesses
143.	No new commissions
144.	Restriction on municipal electricity activity
145.	Transfer by-laws
146.	Description of things transferred
147.	Employees
148.	Reserve funds
149.	Payment for transfer
150.	Effective date of transfer
151.	Statements in registered documents
152.	Execution of agreements
153.	Enforcement of things transferred
154.	Actions and other proceedings
155.	Limitation periods
156.	Certain rights not affected by transfer
157.	Information
158.	Transfer by-laws, other matters
159.	Exemptions from other Acts
160.	Regulations, Part XI
161.	Conflict with other Acts
PART XI.1 TRANSITION — ONTARIO POWER AUTHORITY, ONTARIO ENERGY BOARD, INDEPENDENT ELECTRICITY SYSTEM OPERATOR
161.1	Definitions, Part XI.1
161.2	Transfer orders
161.3	Application of provisions of Part X
161.4	Regulations

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;

(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 generation facility” means a generation facility that generates electricity from a renewable energy source and that meets such criteria as may be prescribed by regulation and includes associated or ancillary equipment, systems and technologies as may be prescribed by regulation, but does not include an associated waste disposal site, unless the site is prescribed by regulation for the purposes of this definition; (“installation de production d’énergie renouvelable”)

“renewable energy project” has the same meaning as in the Green Energy Act, 2009; (“projet d’énergie renouvelable”)

“renewable energy source” means an energy source that is renewed by natural processes and includes wind, water, biomass, biogas, biofuel, 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 grid” means the advanced information exchange systems and equipment described in subsection (1.3); (“réseau intelligent”)

“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”)

“suite meter” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“compteur individuel”)

“suite metering” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“activités liées aux compteurs individuels”)

“suite meter provider” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“fournisseur de compteurs individuels”)

“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”)

“waste disposal site” has the same meaning as in section 25 of the Environmental Protection Act. (“lieu d’élimination des déchets”) 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; 2009, c. 12, Sched. B, s. 1 (1-4); 2010, c. 8, s. 37 (1); 2011, c. 9, Sched. 27, s. 23 (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).

Smart grid

(1.3) For the purposes of this Act, the smart grid means the advanced information exchange systems and equipment that when utilized together improve the flexibility, security, reliability, efficiency and safety of the integrated power system and distribution systems, particularly for the purposes of,

(a) enabling the increased use of renewable energy sources and technology, including generation facilities connected to the distribution system;

(b) expanding opportunities to provide demand response, price information and load control to electricity customers;

(d) supporting other objectives that may be prescribed by regulation. 2009, c. 12, Sched. B, s. 1 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 2 is amended by adding the following subsection:

Exception, “security”

(1.4) The definition of “security” in subsection (1) does not apply in respect of section 30.1. 2010, c. 8, s. 37 (2).

See: 2010, c. 8, ss. 37 (2), 40.

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;

(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.

Corporations Tax Act references

(8) Any reference to the Corporations Tax Act in this Act shall be deemed to be a reference to that Act as it applied to corporations for taxation years under that Act ending on or before December 31, 2008. 2008, c. 19, Sched. V, s. 3.

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.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

(5) The Board may hold a hearing before exercising its powers under this section, but it is not required to do so. 2004, c. 23, Sched. A, s. 21.

(6), (7) Repealed: 2009, c. 33, Sched. 14, s. 2 (1).

Business plan

19.1 (1) At least 90 days before the beginning of its 2006 and each subsequent fiscal year, the IESO shall submit its proposed business plan for the fiscal year to the Minister for approval. 2004, c. 23, Sched. A, s. 22.

Minister’s approval

(2) The Minister may approve the proposed business plan or refer it back to the IESO for further consideration. 2004, c. 23, Sched. A, s. 22.

Deemed approval

(3) If the Minister does not approve the proposed business plan and does not refer it back to the IESO for further consideration at least 70 days before the beginning of the fiscal year to which it relates, the Minister shall be deemed to approve the IESO’s proposed business plan for the fiscal year. 2004, c. 23, Sched. A, s. 22.

(4) Repealed: 2009, c. 33, Sched. 14, s. 2 (2).

Auditor

20. The board of directors of the IESO shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit annually the accounts and transactions of the IESO. 1998, c. 15, Sched. A, s. 20; 2004, c. 8, s. 46; 2004, c. 23, Sched. A, s. 23.

Auditor General

20.1 The Auditor General may audit the accounts and transactions of the IESO. 2004, c. 23, Sched. A, s. 24; 2008, c. 7, Sched. G, s. 2.

Annual report

21. (1) The IESO shall, within 90 days after the end of every fiscal year, submit to the Minister an annual report on its affairs during that fiscal year, signed by the chair of its board of directors. 1998, c. 15, Sched. A, s. 21 (1); 2004, c. 23, Sched. A, s. 25.

Financial statements

(2) The audited financial statements of the IESO shall be included in the annual report. 1998, c. 15, Sched. A, s. 21 (2); 2004, c. 23, Sched. A, s. 25.

Tabling

(3) The Minister shall submit the annual report to the Lieutenant Governor in Council and shall then table the report in the Assembly. 1998, c. 15, Sched. A, s. 21 (3).

Other persons

(4) The IESO may give its annual report to other persons before the Minister complies with subsection (3). 1998, c. 15, Sched. A, s. 21 (4); 2004, c. 23, Sched. A, s. 25.

Other reports

22. (1) The IESO shall submit to the Minister such reports and information as the Minister may require from time to time. 2004, c. 23, Sched. A, s. 26.

Same

(2) The IESO shall submit to the Minister of Finance and the Minister such reports and information as the Minister of Finance may require from time to time. 2004, c. 23, Sched. A, s. 26.

Information to Board, OPA, etc.

23. The IESO shall provide the Board, the OPA and the Market Surveillance Panel with such information as the Board, OPA or Panel may require from time to time. 2004, c. 23, Sched. A, s. 27.

Application of corporations statutes

24. Except as otherwise provided by the regulations, the Corporations Act and the Corporations Information Act do not apply to the IESO. 1998, c. 15, Sched. A, s. 24; 2004, c. 23, Sched. A, s. 28.

Statutory Powers Procedure Act

25. The Statutory Powers Procedure Act does not apply to a proceeding before the IESO, its board of directors or any committee, panel, person or body to which a power or duty has been delegated under this Part. 1998, c. 15, Sched. A, s. 25; 2004, c. 23, Sched. A, s. 28.

PART II.1
ONTARIO POWER AUTHORITY

Ontario Power Authority

25.1 (1) A corporation without share capital to be known in English as the Ontario Power Authority and in French as Office de l’électricité de l’Ontario is hereby established. 2004, c. 23, Sched. A, s. 29.

Composition

(2) The OPA is composed of those persons who, from time to time, comprise its board of directors. 2004, c. 23, Sched. A, s. 29.

Objects and character

25.2 (1) The objects of the OPA are,

(a) to forecast electricity demand and the adequacy and reliability of electricity resources for Ontario for the medium and long term;

(b) to conduct independent planning for electricity generation, demand management, conservation and transmission and develop integrated power system plans for Ontario;

(c) to engage in activities in support of the goal of ensuring adequate, reliable and secure electricity supply and resources in Ontario;

(d) to engage in activities to facilitate the diversification of sources of electricity supply by promoting the use of cleaner energy sources and technologies, including alternative energy sources and renewable energy sources;

(e) to establish system-wide goals for the amount of electricity to be produced from alternative energy sources and renewable energy sources;

(f) to engage in activities that facilitate load management;

(g) to engage in activities that promote electricity conservation and the efficient use of electricity;

(h) to assist the Ontario Energy Board by facilitating stability in rates for certain types of consumers;

(i) to collect and provide to the public and the Ontario Energy Board information relating to medium and long term electricity needs of Ontario and the adequacy and reliability of the integrated power system to meet those needs. 2004, c. 23, Sched. A, s. 29.

Not for profit

(2) The business and affairs of the OPA shall be carried on without the purpose of gain and any profits shall be used by the OPA for the purpose of carrying out its objects. 2004, c. 23, Sched. A, s. 29.

Dissolution

(3) Upon the dissolution of the OPA and after the payment of all debts and liabilities, the remaining property of the OPA is vested in Her Majesty in right of Ontario. 2004, c. 23, Sched. A, s. 29.

Capacity

(4) The OPA has the capacity, rights, powers and privileges of a natural person for the purpose of carrying out its objects, except as limited under subsection (6). 2004, c. 23, Sched. A, s. 29.

Powers

(5) Without limiting the generality of subsection (4), the OPA has the power,

(a) to enter into contracts relating to the adequacy and reliability of electricity supply;

(b) to enter into contracts relating to the procurement of electricity supply and capacity in or outside Ontario;

(c) to enter into contracts relating to the procurement of electricity supply and capacity using alternative energy sources or renewable energy sources to assist the Government of Ontario in achieving goals in the development and use of alternative or renewable energy technology and resources;

(d) to enter into contracts relating to the procurement of reductions in electricity demand and the management of electricity demand to assist the Government of Ontario in achieving goals in electricity conservation;

(e) to take such steps as it considers advisable to facilitate the provision of services relating to,

(i) electricity conservation and the efficient use of electricity,

(ii) electricity load management, or

(iii) the use of cleaner energy sources, including alternative energy sources and renewable energy sources;

(f) to take such steps as it considers advisable to ensure there is adequate transmission capacity as identified in the integrated power system plan;

(g) to enter into contracts with distributors to provide services referred to in clause (e);

(h) to act as a settlement agent for amounts determined under sections 78.1, 78.2 and 78.5 of the Ontario Energy Board Act, 1998 and to contract with the IESO or another entity to perform or assist in performing the settlements;

(i) to create a security interest in any property currently owned or subsequently acquired by the OPA, including fees receivable, rights, powers and undertakings, in order to secure any debt, obligation or liability of the OPA. 2004, c. 23, Sched. A, s. 29; 2009, c. 12, Sched. B, s. 2.

Limitation

(6) The OPA’s power to borrow and to invest its funds and to manage its financial assets, liabilities and risks is subject to such rules and restrictions as may be prescribed. 2004, c. 23, Sched. A, s. 29.

Not a Crown agent

25.3 The OPA is not an agent of Her Majesty for any purpose, despite the Crown Agency Act. 2004, c. 23, Sched. A, s. 29.

Board of directors

25.4 (1) The OPA’s board of directors shall manage and supervise the management of the OPA’s business and affairs. 2004, c. 23, Sched. A, s. 29.

Composition

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

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

(b) 10 additional individuals appointed by the Minister. 2004, c. 23, Sched. A, s. 29.

Directors to be independent

(3) Every director shall hold office as an independent director and not as a representative of any class of persons. 2004, c. 23, Sched. A, s. 29.

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 OPA. 2004, c. 23, Sched. A, s. 29.

Term of office and reappointment

Quorum

(6) A majority of the members of the board of directors constitute a quorum of the board. 2004, c. 23, Sched. A, s. 29.

Chair

(7) The board of directors shall appoint one of the directors as chair of the board. 2004, c. 23, Sched. A, s. 29.

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. 29.

Vacancy in board

Director duties

25.5 Every director of the OPA shall, in exercising and performing his or her powers and duties,

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

(b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. 2004, c. 23, Sched. A, s. 29.

Chief executive officer

25.6 (1) The board of directors of the OPA shall appoint a chief executive officer of the OPA. 2004, c. 23, Sched. A, s. 29.

Exception

(2) Despite subsection (1), the Minister shall appoint the first chief executive officer of the OPA, but nothing in this subsection prevents the board of directors of the OPA from appointing any subsequent chief executive officer. 2004, c. 23, Sched. A, s. 29.

Conflict of interest

25.7 The directors and officers of the OPA shall comply with the provisions of the Governance and Structure By-law relating to conflict of interest. 2004, c. 23, Sched. A, s. 29.

Codes of conduct

25.8 (1) The board of directors of the OPA may establish codes of conduct applicable to the directors, officers, employees and agents of the OPA and to members of panels established by the OPA. 2004, c. 23, Sched. A, s. 29.

Conflict

(2) Any provision of a code of conduct that conflicts with this Act or the OPA’s by-laws is void. 2004, c. 23, Sched. A, s. 29.

Delegation

25.9 Subject to the Governance and Structure By-law, the board of directors of the OPA may delegate any of the OPA’s powers or duties to a committee of the board, to a panel established by the board 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. 29.

Panels

25.10 The board of directors of the OPA shall establish such panels as the board considers necessary for the purposes of this Act. 2004, c. 23, Sched. A, s. 29.

25.11 Repealed: 2009, c. 12, Sched. B, s. 3.

Stakeholder input

25.12 The OPA 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 OPA. 2004, c. 23, Sched. A, s. 29.

Staff and assistance

25.13 (1) Subject to the by-laws of the OPA, a panel established by the board of directors may use the services of,

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

(b) persons other than the OPA’s employees who have technical or professional expertise that is considered necessary. 2004, c. 23, Sched. A, s. 29.

Provision of information to the IESO

(2) The OPA shall provide the IESO with such information as the IESO may require from time to time. 2004, c. 23, Sched. A, s. 29.

Confidential information relating to a market participant

(3) A record that contains information provided to or obtained by the OPA relating to a market participant and that is designated by the OPA 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. 2004, c. 23, Sched. A, s. 29.

Liability

25.14 (1) No action or other civil proceeding shall be commenced against a director, officer, employee or agent of the OPA or a member of the Advisory Committee or a panel established by the board for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under this or any other Act, the regulations, the OPA’s licence, the OPA’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. 29.

Same

(2) Subsection (1) does not relieve the OPA 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). 2004, c. 23, Sched. A, s. 29.

Liability of directors under the Employment Standards Act, 2000

25.15 Part XX of the Employment Standards Act, 2000 does not apply to a director of the OPA. 2004, c. 23, Sched. A, s. 29.

By-laws

25.16 (1) The board of directors of the OPA may make by-laws regulating the business and affairs of the OPA. 2004, c. 23, Sched. A, s. 29.

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) the appointment of the chief executive officer of the OPA;

(b) Repealed: 2009, c. 12, Sched. B, s. 4.

(d) the remuneration and benefits of the chair and the other members of the board;

(e) conflict of interest;

(f) the delegation of the OPA’s powers and duties;

(g) the establishment, composition and functions of panels. 2004, c. 23, Sched. A, s. 29; 2009, c. 12, Sched. B, s. 4.

Same

(3) The Governance and Structure By-law may be made only with the approval in writing of the Minister. 2004, c. 23, Sched. A, s. 29.

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. 2004, c. 23, Sched. A, s. 29.

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. 2004, c. 23, Sched. A, s. 29.

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. 2004, c. 23, Sched. A, s. 29.

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. 2004, c. 23, Sched. A, s. 29.

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). 2004, c. 23, Sched. A, s. 29.

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. 2004, c. 23, Sched. A, s. 29.

Legislation Act, 2006, Part III

(10) Part III (Regulations) of the Legislation Act, 2006 does not apply to by-laws made under this section. 2004, c. 23, Sched. A, s. 29; 2006, c. 21, Sched. F, s. 136 (1).

Province may purchase securities, etc.

25.17 (1) The Lieutenant Governor in Council may by order authorize the Minister of Finance to purchase securities of or make loans to the OPA at such times and on such terms and conditions as the Minister of Finance may determine subject to the maximum principal amount and to any other terms and conditions that are specified by the Lieutenant Governor in Council. 2004, c. 23, Sched. A, s. 29.

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). 2004, c. 23, Sched. A, s. 29.

Delegation

Fees payable to Minister of Finance

(4) The OPA 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. 2004, c. 23, Sched. A, s. 29.

Reimbursement of costs incurred by the Crown

25.18 (1) The OPA shall reimburse the Crown or, if so directed by the Minister of Finance, an agency of the Crown for costs relating to the OPA, a procurement contract, an initiative described in clause 25.32 (4) (a) or a matter within the objects of the OPA, if,

(a) the costs were incurred by the Crown or an agency of the Crown after January 20, 2004 and before the Board’s first approval of the OPA’s procurement process under subsection 25.31 (4); or

(b) the liability of the Crown or an agency of the Crown for the costs arose during the period described in clause (a). 2004, c. 23, Sched. A, s. 29.

Payment of reimbursement

(2) The OPA shall make the reimbursement by making one or more payments in such amount or amounts at such time or times as may be determined by the Minister of Finance. 2004, c. 23, Sched. A, s. 29.

Minister’s determinations final

(3) The determinations of the Minister under subsection (2) are final and conclusive and shall not be stayed, varied or set aside by any court. 2004, c. 23, Sched. A, s. 29.

25.19 Repealed: 1998, c. 15, Sched. A, s. 25.19 (3). See: 2004, c. 23, Sched. A, s. 30.

Fees and charges

25.20 (1) The OPA may establish and impose fees and charges to recover,

(a) the costs of doing anything the OPA is required or permitted to do under this or any other Act; and

(b) any other type of expenditure the recovery of which is permitted by the regulations, subject to any limitations and restrictions set out in the regulations. 2004, c. 23, Sched. A, s. 31 (1).

Collection

(2) The IESO shall, in accordance with the regulations, collect and pay to the OPA all fees and charges payable to the OPA. 2004, c. 23, Sched. A, s. 31 (1).

May recover costs of procurement contracts

(3) For greater certainty, the OPA may, subject to the regulations, establish and impose charges to recover from consumers its costs and payments under procurement contracts. 2004, c. 23, Sched. A, s. 31 (2).

Board deemed to approve recovery

(4) The OPA’s recovery of its costs and payments related to procurement contracts shall be deemed to be approved by the Board. 2004, c. 23, Sched. A, s. 31 (2).

Review of requirements and fees

25.21 (1) The OPA 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 OPA’s proposed business plan for the fiscal year under section 25.22. 2004, c. 23, Sched. A, s. 32.

Board’s powers

(2) The Board may approve the proposed requirements and the proposed fees or may refer them back to the OPA for further consideration with the Board’s recommendations. 2004, c. 23, Sched. A, s. 32.

Same

(3) In reviewing the OPA’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 OPA. 2004, c. 23, Sched. A, s. 32.

Changes in fees

(4) The OPA shall not establish, eliminate or change any fees without the approval of the Board. 2004, c. 23, Sched. A, s. 32.

Hearing

(5) The Board may hold a hearing before exercising its powers under this section, but it is not required to do so. 2004, c. 23, Sched. A, s. 32.

(6), (7) Repealed: 2009, c. 33, Sched. 14, s. 2 (3).

Business plan

25.22 (1) At least 90 days before the beginning of its 2006 and each subsequent fiscal year, the OPA shall submit its proposed business plan for the fiscal year to the Minister for approval. 2004, c. 23, Sched. A, s. 32.

Minister’s approval

(2) The Minister may approve the proposed business plan or refer it back to the OPA for further consideration. 2004, c. 23, Sched. A, s. 32.

Deemed approval

(3) If the Minister does not approve the proposed business plan and does not refer it back to the OPA for further consideration at least 70 days before the beginning of the fiscal year to which it relates, the Minister shall be deemed to have approved the OPA’s proposed business plan for the fiscal year. 2004, c. 23, Sched. A, s. 32.

(4) Repealed: 2009, c. 33, Sched. 14, s. 2 (4).

Auditor

25.23 The board of directors of the OPA shall appoint one or more auditors licensed under the Public Accountancy Act to audit annually the accounts and transactions of the OPA. 2004, c. 23, Sched. A, s. 32.

Auditor General

25.24 The Auditor General may audit the accounts and transactions of the OPA. 2004, c. 23, Sched. A, s. 32; 2008, c. 7, Sched. G, s. 3.

Annual report

25.25 (1) The OPA shall, within 90 days after the end of every fiscal year, submit to the Minister an annual report on its affairs during that fiscal year, signed by the chair of its board of directors. 2004, c. 23, Sched. A, s. 32.

Financial statements

(2) The audited financial statements of the OPA shall be included in the annual report. 2004, c. 23, Sched. A, s. 32.

Tabling

(3) The Minister shall submit the annual report to the Lieutenant Governor in Council and shall then table the report in the Assembly. 2004, c. 23, Sched. A, s. 32.

Other persons

(4) The OPA may give its annual report to other persons before the Minister complies with subsection (3). 2004, c. 23, Sched. A, s. 32.

Other reports

25.26 (1) The OPA shall submit to the Minister such reports and information as the Minister may require from time to time. 2004, c. 23, Sched. A, s. 32.

Same

(2) The OPA shall submit to the Minister of Finance and the Minister such reports and information as the Minister of Finance may require from time to time. 2004, c. 23, Sched. A, s. 32.

Information to Board

25.27 The OPA shall provide the Board with such information as the Board may require from time to time. 2004, c. 23, Sched. A, s. 32.

Application of corporations statutes

25.28 Except as otherwise provided by the regulations, the Corporations Act and the Corporations Information Act do not apply to the OPA. 2004, c. 23, Sched. A, s. 32.

PART II.2
MANAGEMENT OF ELECTRICITY SUPPLY, CAPACITY AND DEMAND

Assessment of electricity resources

25.29 (1) The OPA shall make an assessment of the adequacy and reliability of electricity resources with respect to anticipated electricity supply, capacity, reliability and demand for each assessment period prescribed by the regulations. 2004, c. 23, Sched. A, s. 33.

Same

(2) As part of an assessment under subsection (1), the OPA shall consider generation and transmission capacities and technologies and conservation measures. 2004, c. 23, Sched. A, s. 33.

Integrated power system plan

25.30 (1) Once during each period prescribed by the regulations, or more frequently if required by the Minister or the Board, the OPA shall develop and submit to the Board an integrated power system plan,

(a) that is designed to assist, through effective management of electricity supply, transmission, capacity and demand, the achievement by the Government of Ontario of,

(i) its goals relating to the adequacy and reliability of electricity supply, including electricity supply from alternative energy sources and renewable energy sources, and

(ii) its goals relating to demand management; and

(b) that encompasses such other related matters as may be prescribed by the regulations. 2004, c. 23, Sched. A, s. 34.

Minister’s directives

(2) The Minister may issue, and the OPA shall follow in preparing its integrated power system plans, directives that have been approved by the Lieutenant Governor in Council that set out the goals to be achieved during the period to be covered by an integrated power system plan, including goals relating to,

(a) the production of electricity from particular combinations of energy sources and generation technologies;

(b) increases in generation capacity from alternative energy sources, renewable energy sources or other energy sources;

(d) the development and implementation of conservation measures, programs and targets on a system-wide basis or in particular service areas. 2004, c. 23, Sched. A, s. 34.

Publication

(3) A directive issued under subsection (2) shall be published in The Ontario Gazette. 2004, c. 23, Sched. A, s. 34.

Review of integrated power system plan

(4) The Board shall review each integrated power system plan submitted by the OPA to ensure it complies with any directions issued by the Minister and is economically prudent and cost effective. 2004, c. 23, Sched. A, s. 34.

Board’s powers

(5) After review, the Board may approve a plan or refer it back with comments to the OPA for further consideration and resubmission to the Board. 2004, c. 23, Sched. A, s. 34.

Deadline for review

(6) The Board shall carry out the review of an integrated power system plan under subsection (4) within such time as the Minister directs. 2004, c. 23, Sched. A, s. 34.

Procurement process for electricity supply, etc.

25.31 (1) The OPA shall develop appropriate procurement processes for managing electricity supply, capacity and demand in accordance with its approved integrated power system plans. 2004, c. 23, Sched. A, s. 35.

Same

(2) The OPA’s procurement processes must provide for simpler procurement processes for electricity supply or capacity to be generated using alternative energy sources or renewable energy sources, or both, where the supply or capacity or the generation facility or unit satisfies the prescribed conditions. 2004, c. 23, Sched. A, s. 35.

Application for approval

(3) The OPA shall apply to the Board for approval of its proposed procurement processes, and any amendments it proposes. 2004, c. 23, Sched. A, s. 35.

Board approval

(4) The Board shall review the OPA’s proposed procurement processes and any proposed amendments and may approve the procurement processes or refer all or part of them back with comments to the OPA for further consideration and resubmission to the Board. 2004, c. 23, Sched. A, s. 35.

Deadline for review

(5) The Board shall carry out the review of the proposed procurement processes and any proposed amendments within such time as the Minister directs. 2004, c. 23, Sched. A, s. 35.

Procurement contracts

25.32 (1) When the OPA considers it advisable, it shall enter into contracts in accordance with procurement processes approved under section 25.31 for the procurement of,

(a) electricity supply or capacity, including supply or capacity to be generated using alternative energy sources, renewable energy sources or both; or

(b) measures that will manage electricity demand or result in the improved management of electricity demand on an on-going or emergency basis. 2004, c. 23, Sched. A, s. 36.

Contract to comply with regulations and directions

(2) The OPA shall not enter into a procurement contract that does not comply with,

(a) the regulations; or

(b) a direction issued under subsection (4), (4.1), (4.4), (4.5), (4.6) or (4.7) or section 25.35. 2009, c. 12, Sched. B, s. 5 (1).

Resolution of procurement contract disputes

(3) The parties to a procurement contract shall ensure that the contract provides a mechanism to resolve any disputes between them with respect to the contract. 2004, c. 23, Sched. A, s. 36.

Transition

(4) Despite subsection (2), the Minister may direct the OPA to assume, as of such date as the Minister considers appropriate, responsibility for exercising all powers and performing all duties of the Crown, including powers and duties to be exercised and performed through an agency of the Crown,

(i) that was issued or pursued after January 1, 2004 and before the Board’s first approval of the OPA’s procurement process under subsection 25.31 (4), and

(ii) that relates to the procurement of electricity supply or capacity or reductions in electricity demand or to measures for the management of electricity demand; and

(b) under any contract entered into by the Crown or an agency of the Crown pursuant to a procurement solicitation or other initiative referred to in clause (a). 2004, c. 23, Sched. A, s. 36.

Same

(4.1) The Minister may direct the OPA to undertake any request for proposal, any other form of procurement solicitation or any other initiative or activity that relates to,

(a) the procurement of electricity supply or capacity derived from renewable energy sources;

(b) reductions in electricity demand; or

Direction re process

(4.2) The Minister may, as part of a direction under subsection (4.1), specify that the OPA is to use a competitive or a non-competitive process as part of the initiative or activity. 2009, c. 12, Sched. B, s. 5 (2).

Direction re pricing

(4.3) A direction issued by the Minister under subsection (4.1) may allow the Minister to specify the pricing or other economic factors to be used or achieved by the OPA. 2009, c. 12, Sched. B, s. 5 (2).

Directions re consultation

(4.4) The Minister may direct the OPA to implement procedures for consulting aboriginal peoples and other persons or groups as may be specified in the direction, on the planning, development or procurement of electricity supply, capacity, transmission systems and distribution systems and the direction may specify the manner or method by which such consultations shall occur and the timing within which such consultations shall occur. 2009, c. 12, Sched. B, s. 5 (2).

Direction re programs for aboriginal participation

(4.5) The Minister may direct the OPA to establish measures to facilitate the participation of aboriginal peoples in the development of renewable energy generation facilities, transmission systems and distribution systems and such measures may include programs or funding for, or associated with, aboriginal participation in the development of such facilities or systems. 2009, c. 12, Sched. B, s. 5 (2).

Direction re programs for participation of groups

(4.6) The Minister may direct the OPA to establish measures to facilitate the development of renewable energy generation facilities, transmission systems and distribution systems and the measures may include programs or funding for or associated with the participation of groups and organizations, including but not limited to municipalities, in the development of the facilities or systems. 2009, c. 12, Sched. B, s. 5 (2).

Direction re municipal programs

(4.7) The Minister may direct the OPA to develop programs that are designed to reimburse the direct costs incurred by a municipality in order to facilitate the development of renewable energy generation facilities, transmission systems and distribution systems and the funding may include funding for infrastructure associated with or affected by the development of the facilities or systems. 2009, c. 12, Sched. B, s. 5 (2).

Release of the Crown, etc.

(5) As of the day specified in the Minister’s direction under subsection (4), the OPA shall assume responsibility in accordance with that subsection and the Crown and any Crown agency referred to in that subsection are released from any and all liabilities and obligations with respect to the matters for which the OPA has assumed responsibility. 2004, c. 23, Sched. A, s. 36.

Deemed compliance

(6) The following contracts shall be deemed to be procurement contracts entered into in accordance with any integrated power system plan and procurement process approved by the Board:

1. A contract entered into by the OPA following a procurement solicitation or other initiative referred to in clause (4) (a).

2. A contract referred to in clause (4) (b).

3. A contract entered into by the OPA following a procurement solicitation or other initiative referred to in subsection (4.1), (4.4), (4.5) or (4.6) or section 25.35 or an expenditure made under subsection (4.7). 2004, c. 23, Sched. A, s. 36; 2009, c. 12, Sched. B, s. 5 (3).

Same

(7) The OPA shall enter into any contract following a procurement solicitation or other initiative referred to in clause (4) (a) if directed to do so by the Minister of Energy, and that contract shall be deemed to be a procurement contract that was entered into in accordance with any integrated power system plan and procurement process approved by the Board. 2004, c. 23, Sched. A, s. 36.

Electricity pricing to reflect costs

IESO to make adjustments

25.33 (1) The IESO shall, through its billing and settlement systems, make adjustments in accordance with the regulations that ensure that, over time, payments by classes of market participants in Ontario that are prescribed by regulation reflect amounts paid, in accordance with the regulations, to generators, distributors, the OPA and the Financial Corporation, whether the amounts are determined under the market rules or under sections 78.1 to 78.5 of the Ontario Energy Board Act, 1998. 2009, c. 12, Sched. B, s. 6 (1).

Distributors and retailers to make adjustments

(2) Distributors and retailers shall, through their billing systems, make adjustments in accordance with the regulations that ensure that, over time, payments by classes of consumers in Ontario that are prescribed by regulation reflect amounts paid, in accordance with the regulations, to generators, distributors, the OPA and the Financial Corporation, whether the amounts are determined under the market rules or under sections 78.1 to 78.5 of the Ontario Energy Board Act, 1998. 2009, c. 12, Sched. B, s. 6 (1).

Exception

(3) Any adjustment that would otherwise be made under subsection (1) or (2) and that relates to electricity that is consumed by any of the following types of consumers shall instead be made in accordance with the regulations to one or more variance accounts established and maintained by the OPA:

1. Repealed: 2009, c. 12, Sched. B, s. 6 (2).

2. A consumer whose rates are determined by the Board under section 79.16 of the Ontario Energy Board Act, 1998.

3. A consumer who is a member of a class of consumers prescribed by the regulations. 2004, c. 23, Sched. A, s. 37; 2009, c. 12, Sched. B, s. 6 (2).

Adjustments, payments, set-offs and credits

(4) The OPA, the IESO, distributors and retailers shall,

(a) make such adjustments in their accounts as may be required or permitted by the regulations to record adjustments described in subsections (1), (2) and (3); and

(b) make and receive such payments, set-offs and credits as may be required or permitted by the regulations with respect to consumers described in subsection (3). 2004, c. 23, Sched. A, s. 37.

Variance accounts

(5) The OPA shall establish and maintain such variance accounts as may be necessary to record all amounts payable or receivable by it under this section. 2004, c. 23, Sched. A, s. 37.

Compliance

(6) The Board shall ensure that adjustments, payments, set-offs and credits required or permitted under this section are made in accordance with the regulations. 2004, c. 23, Sched. A, s. 37.

Adjustment not assignable

(7) An adjustment made under subsection (1) or (2) is not assignable by a consumer in a contract with a retailer, whether the contract is entered into before or after this section comes into force. 2004, c. 23, Sched. A, s. 37.

No cause of action

(8) No cause of action against a consumer, a retailer or the Crown arises as the result of a contract or a term of a contract ceasing to have effect because of the operation of subsection (7). 2004, c. 23, Sched. A, s. 37.

Payments with respect to certain retail contracts

25.34 (1) The OPA shall make and receive such payments as may be required by the regulations with respect to contracts prescribed by the regulations that were in effect on November 11, 2002 between retailers and consumers. 2004, c. 23, Sched. A, s. 38.

Payments

(2) The OPA, the IESO, distributors and retailers shall make and receive such payments, set-offs and credits relating to payments referred to in subsection (1) as may be required by the regulations. 2004, c. 23, Sched. A, s. 38.

Compliance

(3) The Board shall ensure that payments, set-offs and credits required under this section are made in accordance with the regulations. 2004, c. 23, Sched. A, s. 38.

Feed-in tariff program

25.35 (1) The Minister may direct the OPA to develop a feed-in tariff program that is designed to procure energy from renewable energy sources under such circumstances and conditions, in consideration of such factors and within such period as the Minister may require. 2009, c. 12, Sched. B, s. 7.

Minister’s directions

(2) Where the Minister has issued a direction under subsection (1), the Minister may issue, and the OPA shall follow in preparing its feed-in tariff program, directions that set out the goals to be achieved during the period to be covered by the program, including goals relating to,

(a) the participation by aboriginal peoples in the development and establishment of renewable energy projects; and

(b) the involvement of members of the local community in the development and establishment of renewable energy projects. 2009, c. 12, Sched. B, s. 7.

Same, domestic content

(3) Where the Minister has issued a direction under subsection (1), the Minister shall issue, and the OPA shall follow in preparing its feed-in tariff program, directions that set out the goals relating to domestic content to be achieved during the period to be covered by the program. 2009, c. 12, Sched. B, s. 7.

Definition

(4) In this section,

“feed-in tariff program” means a program for procurement, including a procurement process, providing standard program rules, standard contracts and standard pricing regarding classes of generation facilities differentiated by energy source or fuel type, generator capacity and the manner by which the generation facility is used, deployed, installed or located. 2009, c. 12, Sched. B, s. 7.

PART III
THE ELECTRICITY MARKETS

Access to Transmission and Distribution Systems

Mandatory connection to transmission or distribution system

25.36 (1) A transmitter or distributor shall connect a renewable energy generation facility to its transmission system or distribution system in accordance with the regulations, the market rules and any licence issued by the Board if,

(a) the generator requests the connection in writing; and

(b) the applicable technical, economic and other requirements prescribed by regulation or mandated by the market rules or by an order or code issued by the Board have been met in respect of the connection. 2009, c. 12, Sched. B, s. 8.

Conflicts

(2) In the event of a conflict between a regulation referred to in subsection (1) and an order or code issued by the Board, the regulation prevails. 2009, c. 12, Sched. B, s. 8.

Regulations

(3) A regulation referred to in subsection (1) may specify requirements which must be met in relation to the connection of renewable energy generation facilities to a transmitter’s transmission system or a distributor’s distribution system. 2009, c. 12, Sched. B, s. 8.

Information re connections

25.37 (1) A distributor, transmitter, the OPA and the IESO shall provide such information as may be prescribed by regulation about the distribution system’s or transmission system’s ability to accommodate generation from a renewable energy generation facility and the information shall be current and prospective in nature and be made available to the public. 2009, c. 12, Sched. B, s. 9.

Completion time re connection assessments

(2) Connection assessments described in the Board’s Distribution System Code and the IESO market rules shall be completed in the time prescribed by regulation. 2009, c. 12, Sched. B, s. 9.

Providing information and reports

(3) The IESO, a transmitter or a distributor shall file with the Board, on a quarterly basis, the information and reports that are prescribed by regulation relating to their ability to meet the prescribed time requirements referred to in subsection (2). 2009, c. 12, Sched. B, s. 9.

Immediate publication

(4) The Board may publish the information and reports referred to in subsection (3) immediately upon their receipt. 2009, c. 12, Sched. B, s. 9.

Non-discriminatory access

26. (1) A transmitter or distributor shall provide generators, retailers and consumers with non-discriminatory access to its transmission or distribution systems in Ontario in accordance with its licence. 1998, c. 15, Sched. A, s. 26 (1).

Priority access re renewable energy generation facilities

(1.1) Despite subsection (1), a transmitter or distributor shall provide, in accordance with its licence, priority connection access to its transmission system or distribution system for a renewable energy generation facility that meets the requirements prescribed by regulation. 2009, c. 12, Sched. B, s. 10.

Conflicts

(1.2) In the event of a conflict between a regulation referred to in subsection (1.1) and a market rule or licence issued by the Board, the regulation prevails. 2009, c. 12, Sched. B, s. 10.

Regulations

(1.3) A regulation referred to in subsection (1.1) may specify criteria related to the renewable energy generation facility which must be met in order for the facility to receive priority connection access. 2009, c. 12, Sched. B, s. 10.

Same

(2) Until subsection (1) comes into force, a transmitter or distributor prescribed by the regulations shall provide a generator, retailer or consumer prescribed by the regulations with non-discriminatory access to its transmission or distribution systems in Ontario in accordance with its licence. 1998, c. 15, Sched. A, s. 26 (2).

Previous contracts with Ontario Hydro

(3) Any contract entered into between Ontario Hydro and a municipal corporation or any other person before December 11, 1998 for the supply of electricity to the municipal corporation or other person ceases to have effect on the day subsection (1) comes into force. 1998, c. 15, Sched. A, s. 26 (3); 2002, c. 1, Sched. A, s. 5 (1).

Previous contracts with municipal corporation

(4) Any contract entered into between a municipal corporation and any person before December 11, 1998 for the supply of electricity to the person ceases to have effect on the day subsection (1) comes into force. 1998, c. 15, Sched. A, s. 26 (4); 2002, c. 1, Sched. A, s. 5 (2).

Low-volume consumers

(5) Subsections (3) and (4) do not apply to a contract for the supply of electricity to a low-volume consumer. 1998, c. 15, Sched. A, s. 26 (5).

Same

(6) A contract for the sale of electricity between a low-volume consumer and a person who, at the time the contract was entered into, was not authorized under the Ontario Energy Board Act, 1998 to retail electricity ceases to have effect on the date subsection (1) comes into force unless, after the person becomes authorized under the Ontario Energy Board Act, 1998 to retail electricity and before the date subsection (1) comes into force, the low-volume consumer re-affirms the contract in writing. 1998, c. 15, Sched. A, s. 26 (6).

No cause of action

(7) No cause of action arises as a result of a contract ceasing to have effect under subsection (3), (4) or (6). 1998, c. 15, Sched. A, s. 26 (7).

Return of prepayment

(8) Despite subsection (7), a person to whom electricity was to be supplied under a contract referred to in subsection (3) or (4), or a low-volume consumer to whom electricity was to be sold under a contract referred to in subsection (6), may recover any amount paid under the contract before the day the contract ceased to have effect in respect of electricity that was to be supplied on or after that day. 1998, c. 15, Sched. A, s. 26 (8).

Application of subss. (3), (4) and (6)

(9) Subsections (3), (4) and (6) do not apply to contracts prescribed by the regulations. 1998, c. 15, Sched. A, s. 26 (9).

Definition

(10) In this section,

“low-volume consumer” means a person who annually uses less than the amount of electricity prescribed by the regulations. 1998, c. 15, Sched. A, s. 26 (10).

Use of IESO-controlled grid

27. A person shall not cause or permit electricity to be conveyed into, through or out of the IESO-controlled grid except in accordance with this Act and the market rules. 2004, c. 23, Sched. A, s. 39.

Distributor’s obligation to connect

28. A distributor shall connect a building to its distribution system if,

(a) the building lies along any of the lines of the distributor’s distribution system; and

(b) the owner, occupant or other person in charge of the building requests the connection in writing. 1998, c. 15, Sched. A, s. 28.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section:

Manner of connection

28.1 A distributor to whom section 28 applies shall connect a building to its distribution system in such manner as may be prescribed by regulation, under such circumstances as may be prescribed by regulation, for such properties or classes of properties as may be prescribed by regulation, and for such consumers or classes of consumers as may be prescribed by regulation. 2010, c. 8, s. 37 (3).

See: 2010, c. 8, ss. 37 (3), 40.

Distributor’s obligation to sell electricity

29. (1) A distributor shall sell electricity to every person connected to the distributor’s distribution system, except a person who advises the distributor in writing that the person does not wish to purchase electricity from the distributor. 1998, c. 15, Sched. A, s. 29 (1).

Same

(2) If, under subsection (1), a person has advised a distributor that the person does not wish to purchase electricity from the distributor, the person may at any time thereafter request the distributor in writing to sell electricity to the person and the distributor shall comply with the request in accordance with its licence. 1998, c. 15, Sched. A, s. 29 (2).

Same

(3) If a person connected to a distributor’s distribution system purchases electricity from a retailer other than the distributor and the retailer is unable for any reason to sell electricity to the person, the distributor shall sell electricity to the person. 1998, c. 15, Sched. A, s. 29 (3).

Exemptions

(4) The Board may exempt a distributor from any provision of this section if, after holding a hearing, the Board is satisfied that there is sufficient competition among retailers in the distributor’s service area. 1998, c. 15, Sched. A, s. 29 (4).

Same

(5) An exemption under subsection (4) may be subject to such conditions and restrictions as may be specified by the Board. 1998, c. 15, Sched. A, s. 29 (5).

Same

(6) The Board shall not exempt a distributor entirely from all the provisions of this section unless, after holding a hearing, the Board is satisfied that consumers in the distributor’s service area will continue to have access to electricity. 1998, c. 15, Sched. A, s. 29 (6).

Conservation measures

29.1 (1) Subject to section 71 of the Ontario Energy Board Act, 1998 and such limits and criteria as may be prescribed by the regulations, a transmitter, distributor or the OPA may provide services that would assist the Government of Ontario in achieving its goals in electricity conservation, including services related to,

(a) the promotion of electricity conservation and the efficient use of electricity;

(b) electricity load management; or

(c) the promotion of cleaner energy sources, including alternative energy sources and renewable energy sources. 2004, c. 23, Sched. A, s. 40.

Same

(2) Nothing in subsection (1) allows a distributor or transmitter to generate electricity by any means except through an affiliate approved by the Board under section 71 of the Ontario Energy Board Act, 1998. 2004, c. 23, Sched. A, s. 40.

Allocation during emergencies, etc.

30. (1) If the supply of electricity to a distributor is interrupted or reduced as a result of an emergency or a breakdown, repair or extension of a transmission or distribution system, the distributor may allocate the available electricity among the consumers in its service area. 1998, c. 15, Sched. A, s. 30 (1).

No breach of contract

(2) An allocation of electricity under subsection (1) shall be deemed not to be a breach of any contract. 1998, c. 15, Sched. A, s. 30 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section:

Security criteria

30.1 (1) Where a distributor or suite meter provider requires security for the payment of charges related to electricity by or on behalf of a prescribed consumer or a member of a prescribed class of consumers, the distributor or suite meter provider shall,

(a) meet the criteria or requirements prescribed by regulation; and

(b) satisfy the criteria or requirements in any order made by the Board or code issued by the Board. 2010, c. 8, s. 37 (4).

Security, requirements, etc.

(2) If required to do so by regulation, a distributor or suite meter provider shall,

(a) meet specific requirements in relation to any security being required by it in respect of consumers or members of a class of consumers;

(b) accept forms of security prescribed by regulation and, in circumstances prescribed by regulation, shall forego any requirement for security; and

(c) provide consumers or classes of consumers prescribed by regulation with alternative security arrangements, which meet the criteria prescribed by regulation, where the conditions or circumstances prescribed by regulation are satisfied by the consumers or classes of consumers. 2010, c. 8, s. 37 (4).

Additional requirements

(3) In addition to the matters referred to in subsection (2), a distributor or suite meter provider shall comply with such other requirements with respect to security as may be prescribed. 2010, c. 8, s. 37 (4).

Definition

(4) For the purposes of this section,

“security” has the meaning as may be prescribed by regulation. 2010, c. 8, s. 37 (4).

See: 2010, c. 8, ss. 37 (4), 40.

Termination of service

31. (1) A distributor may shut off the distribution of electricity to a property if any amount payable by a person for the distribution or retail of electricity to the property pursuant to section 29 is overdue. 1998, c. 15, Sched. A, s. 31 (1).

Notice

(2) A distributor shall provide reasonable notice of the proposed shut-off to the person who is responsible for the overdue amount by personal service or prepaid mail or by posting the notice on the property in a conspicuous place. 1998, c. 15, Sched. A, s. 31 (2).

Recovery of amount

(3) A distributor may recover all amounts payable despite shutting off the distribution of electricity. 1998, c. 15, Sched. A, s. 31 (3).

Exception

(4) A distributor shall not shut off the distribution of electricity to a property under subsection (1) during the period that begins on the day this subsection comes into force and ends on March 31, 2003 or during any other period prescribed by the regulations. 2002, c. 23, s. 3 (7).

Restoration of electricity

(5) If a distributor shuts off the distribution of electricity to a property under subsection (1) after November 11, 2002 and before April 1, 2003, or during a period prescribed by the regulations, the distributor shall, as soon as possible,

(a) restore, without charge, the distribution of electricity to the property; and

(b) compensate any person who suffered a loss as a result of the shut-off of electricity. 2002, c. 23, s. 3 (7).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 31 is repealed and the following substituted:

Termination of service

31. (1) A distributor or suite meter provider may shut off the distribution of electricity to a property,

(a) if any amount payable by a person for the distribution or retail of electricity to the property pursuant to section 29 or Part III of the Energy Consumer Protection Act, 2010 is overdue; and

(b) if the shutting off of the distribution of electricity to the property complies with any condition of a licence of the distributor or suite-meter provider included in the licence under clause 70 (2) (d.1) of the Ontario Energy Board Act, 1998. 2010, c. 8, s. 37 (5).

Notice, to whom

(2) A distributor or suite meter provider shall provide reasonable notice of the proposed shut-off of the distribution of electricity to,

(a) the person who is responsible for the overdue amount; and

(b) any other person who resides at the property who meets the criteria prescribed by regulation. 2010, c. 8, s. 37 (5).

Notice, means

(3) The notice of the proposed shut-off of the distribution of electricity shall be provided,

(a) by personal service, prepaid mail or posting the notice in a conspicuous place on the property where the electricity is distributed; or

(b) by such other means or in such manner as is prescribed by regulation. 2010, c. 8, s. 37 (5).

Notice, information and manner of presentation

(4) The notice of the proposed shut-off of the distribution of electricity shall contain such information as may be prescribed by regulation and the information shall be presented in such manner as may be prescribed by regulation. 2010, c. 8, s. 37 (5).

Recovery of amount

(5) A distributor or suite meter provider may recover all amounts payable despite shutting off the distribution of electricity. 2010, c. 8, s. 37 (5).

Exception

(6) A distributor or suite meter provider shall not shut off the distribution of electricity to a property where it has received by the time prescribed by regulation such information as may be prescribed by regulation about the consumer or member of a class of consumers prescribed by regulation who resides at the property under such circumstances as may be prescribed by regulation,

(a) where the consumer does such things, or takes such steps or actions as may be prescribed by the regulations or provides such information as may be prescribed by the regulations to the distributor, the suite meter provider, the Board or such other entity as may be prescribed by regulation; or

(b) during any period prescribed by the regulations. 2010, c. 8, s. 37 (5).

Same

(7) For the purposes of subsection (6), where a regulation requires that a thing be done, a step be taken or information be provided by a certain date, a distributor shall not shut off the distribution of electricity to the property before the time prescribed by regulation has elapsed. 2010, c. 8, s. 37 (5).

Same, different steps

(8) For the purposes of subsection (6), a prescribed consumer or a member of a prescribed class of consumers may be required to take different prescribed steps during the different prescribed periods provided for under that subsection. 2010, c. 8, s. 37 (5).

Restoration of electricity

(9) If a distributor or suite meter provider shuts off the distribution of electricity to a property in contravention of this section, the distributor or suite meter provider shall, as soon as possible,

(a) restore, without charge, the distribution of electricity to the property; and

(b) compensate any person who suffered a loss as a result of the shut-off of electricity. 2010, c. 8, s. 37 (5).

See: 2010, c. 8, ss. 37 (5), 40.

Emergency termination of service

31.1 (1) A distributor may shut off the distribution of electricity to a property without notice if the distributor has reason to believe that a condition exists in respect of the property that threatens or is likely to threaten,

(a) the safety of any person; or

(b) the reliability of all or part of the distribution system. 2005, c. 33, s. 5.

Notice

(2) The distributor shall,

(a) give the Electrical Safety Authority written notice of the shut-off under subsection (1) as soon as possible afterwards; and

(b) post a notice of the shut-off under subsection (1) in a conspicuous place on the property within 10 days afterwards. 2005, c. 33, s. 5.

Same

(3) The notices under subsection (2) shall set out the reasons for the shut-off and the notice posted under clause (2) (b) shall describe the right to a review by the Board, as provided by subsection (6). 2005, c. 33, s. 5.

Restoration of electricity

(4) At the request of the owner or occupier of the property to have the distribution of electricity to the property restored, the distributor shall assess the conditions existing in respect of the property and, subject to any requirements under Part VIII, shall restore the distribution of electricity to the property as soon as possible after the distributor is satisfied that neither of the conditions described in clauses (1) (a) and (b) exists in respect of the property. 2005, c. 33, s. 5.

Limit

(5) Despite subsection (4), the distributor is not required to assess the conditions existing in respect of the property more than once every five days. 2005, c. 33, s. 5.

Application for review

(6) The owner or occupier of the property may file an application in writing to the Board to have the distribution of electricity to the property restored, but may not file an application with the Board without first making a request to the distributor under subsection (4). 2005, c. 33, s. 5.

Same

(7) The Board shall forward a copy of an application filed under subsection (6) to the distributor before commencing its review. 2005, c. 33, s. 5.

Review by Board

(8) Upon receipt of an application under subsection (6), the Board shall review the matter and, upon the completion of its review, if it finds that the distributor acted unreasonably in shutting off the distribution of electricity to the property or in failing to restore the distribution of electricity to the property, may make an order directing the distributor to restore the distribution of electricity to the property, subject to any requirements under Part VIII. 2005, c. 33, s. 5.

Termination not a breach of contract

(9) If the Board finds that the distributor did not act unreasonably in shutting off the distribution of electricity to a property under subsection (1), the shut-off of the distribution of electricity to the property shall be deemed not to be a breach of any contract. 2005, c. 33, s. 5.

Market Rules

Market rules

32. (1) The IESO may make rules,

(a) governing the IESO-controlled grid;

(b) establishing and governing markets related to electricity and ancillary services; and

(c) establishing and enforcing standards and criteria relating to the reliability of electricity service or the IESO-controlled grid, including standards and criteria relating to electricity supply generated from sources connected to a distribution system that alone or in aggregate could impact the reliability of electricity service or the IESO-controlled grid. 1998, c. 15, Sched. A, s. 32 (1); 2004, c. 23, Sched. A, s. 41 (1, 2); 2009, c. 12, Sched. B, s. 11 (1).

Examples

(2) Without limiting the generality of subsection (1), the market rules may include provisions,

(a) governing the making and publication of market rules;

(b) governing the conveying of electricity into, through or out of the IESO-controlled grid and the provision of ancillary services;

(d) authorizing and governing the giving of directions by the IESO, including,

(i) for the purpose of maintaining the reliability of electricity service or the IESO-controlled grid, directions requiring persons, including persons providing electricity supply generated from sources connected to a distribution system, within such time as may be specified in the direction, to synchronize, desynchronize, increase, decrease or maintain electrical output, to take such other action as may be specified in the direction or to refrain from such action as may be specified in the direction, and

(ii) other directions requiring market participants, within such time as may be specified in the direction, to take such action or refrain from such action as may be specified in the direction, including action related to a system emergency; and

(e) authorizing and governing the making of orders by the IESO, including orders,

(i) imposing financial penalties on market participants,

(ii) authorizing a person 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, or

(iii) terminating, suspending or restricting a person’s rights 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. 1998, c. 15, Sched. A, s. 32 (2); 2004, c. 23, Sched. A, s. 41 (2-6); 2009, c. 12, Sched. B, s. 11 (2).

General or particular

(3) A market rule may be general or particular in its application. 1998, c. 15, Sched. A, s. 32 (3).

Legislation Act, 2006, Part III

(4) Part III (Regulations) of the Legislation Act, 2006 does not apply to the market rules or to any directions or orders made under the market rules. 1998, c. 15, Sched. A, s. 32 (4); 2006, c. 21, Sched. F, s. 136 (1).

Publication and inspection of market rules

(5) The IESO shall publish the market rules in accordance with the market rules and shall make the market rules available for public inspection during normal business hours at the offices of the IESO. 1998, c. 15, Sched. A, s. 32 (5); 2004, c. 23, Sched. A, s. 41 (7).

Notice to Board

(6) The IESO shall not make a rule under this section unless it first gives the Board an assessment of the impact of the rule on the interests of consumers with respect to prices and the reliability and quality of electricity service. 2004, c. 23, Sched. A, s. 41 (8).

Transition

(7) All rules made 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. 41 (8).

(8), (9) Repealed: 2004, c. 23, Sched. A, s. 41 (8).

Amendment of market rules

33. (1) The IESO shall, in accordance with the market rules, publish any amendment to the market rules at least 22 days before the amendment comes into force. 2004, c. 23, Sched. A, s. 42.

Notice to the Board

(2) The IESO shall give the Board a copy of the amendment and such other information as is prescribed by the regulations on or before the date the IESO publishes the amendment under subsection (1). 2004, c. 23, Sched. A, s. 42.

Board’s power to revoke

(3) Despite section 4.1 of the Statutory Powers Procedure Act and section 35.1 of this Act, the Board may, not later than 15 days after the amendment is published under subsection (1) and without holding a hearing, revoke the amendment on a date specified by the Board and refer the amendment back to the IESO for further consideration. 2004, c. 23, Sched. A, s. 42.

Application for review

(4) Any person may apply to the Board for review of an amendment to the market rules by filing an application with the Board within 21 days after the amendment is published under subsection (1). 2004, c. 23, Sched. A, s. 42.

Application of Ontario Energy Board Act, 1998

(5) Subsection 19 (4) of the Ontario Energy Board Act, 1998 applies to an application under subsection (4). 2004, c. 23, Sched. A, s. 42.

Review by Board

(6) The Board shall issue an order that embodies its final decision within 60 days after receiving an application for review of an amendment. 2004, c. 23, Sched. A, s. 42.

Stay of amendment

(7) No application for review of an amendment under this section shall stay the operation of the amendment pending the completion of the Board’s review of the amendment unless the Board orders otherwise. 2004, c. 23, Sched. A, s. 42.

Same

(8) In determining whether to stay the operation of an amendment, the Board shall consider,

(a) the public interest;

(b) the merits of the application;

(d) the impact on consumers; and

(e) the balance of convenience. 2004, c. 23, Sched. A, s. 42.

Order

(9) If, on completion of its review, the Board finds that the amendment is inconsistent with the purposes of this Act or unjustly discriminates against or in favour of a market participant or class of market participants, the Board shall make an order,

(a) revoking the amendment on a date specified by the Board; and

(b) referring the amendment back to the IESO for further consideration. 2004, c. 23, Sched. A, s. 42.

Urgent amendments

34. (1) Section 33 does not apply if the IESO files a statement with the Board indicating that, in its opinion, an amendment to the market rules is urgently required for one or more of the following reasons:

1. To avoid, reduce the risk of or mitigate the effects of conditions that affect the ability of the integrated power system to function normally.

2. To avoid, reduce the risk of or mitigate the effects of the abuse of market power.

3. To implement standards or criteria of a standards authority.

4. To avoid, reduce the risk of or mitigate the effects of an unintended adverse effect of a market rule.

5. A reason prescribed by the regulations. 1998, c. 15, Sched. A, s. 34 (1); 2002, c. 23, s. 3 (14); 2004, c. 23, Sched. A, s. 43 (1).

Publication of urgent amendment

(2) The IESO shall publish the amendment in accordance with the market rules at the same time or as soon as reasonably possible after the statement referred to in subsection (1) is filed. 1998, c. 15, Sched. A, s. 34 (2); 2004, c. 23, Sched. A, s. 43 (2).

Notice to the Board

(2.1) The IESO shall give the Board a copy of the amendment and such other information as may be prescribed by the regulations on or before the date the IESO publishes the amendment under subsection (2). 2004, c. 23, Sched. A, s. 43 (3).

Board’s power to revoke

(2.2) Despite section 4.1 of the Statutory Powers Procedure Act and section 35.1 of this Act, the Board may, not later than 15 days after the amendment is published under subsection (2) and without holding a hearing, revoke the amendment on a date specified by the Board and refer the amendment back to the IESO for further consideration. 2004, c. 23, Sched. A, s. 43 (3).

Review by Board

(3) On application by a person who is directly affected by the amendment, the Board shall review the amendment. 1998, c. 15, Sched. A, s. 34 (3); 2002, c. 23, s. 3 (17).

Time for application

(4) The application must be filed within 21 days after the amendment is published under subsection (2). 1998, c. 15, Sched. A, s. 34 (4).

Effect of revocation by Board

(4.1) If the Board revokes the amendment under subsection (2.2),

(a) subsection (3) ceases to apply to the amendment; and

(b) the Board shall not proceed with any review that arises from an application that was made under subsection (3) before it revoked the amendment. 2009, c. 33, Sched. 14, s. 2 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4.1) is repealed. See: 2009, c. 33, Sched. 14, s. 2 (6), 4 (2).

Stay of amendment

(5) An application under this section does not stay the operation of the amendment pending the completion of the review. 1998, c. 15, Sched. A, s. 34 (5).

Referral back to IMO

(6) If, on completion of its review, the Board finds that the amendment is inconsistent with the purposes of this Act or unjustly discriminates against or in favour of a market participant or class of market participants, the Board,

(a) shall make an order referring the amendment back to the IESO for further consideration; and

(b) may make an order revoking the amendment on a date specified by the Board. 1998, c. 15, Sched. A, s. 34 (6); 2004, c. 23, Sched. A, s. 43 (4).

Other reviews of market rules

35. (1) On application by a person who is directly affected by a provision of the market rules, the Board may review the provision. 2002, c. 23, s. 3 (20).

Exception

(2) Subsection (1) does not apply to a provision of the market rules that was reviewed by the Board under section 33 or 34 within the 24 months before the application. 1998, c. 15, Sched. A, s. 35 (2).

Review of market rule made by the Minister

(3) Subsection (1) does not apply to a provision of the market rules that was made by the Minister before May 1, 2002 unless the application is made before May 1, 2005. 2004, c. 23, Sched. A, s. 44 (1).

Restriction

(4) An application shall not be made under this section by a market participant unless the applicant has made use of the provisions of the market rules relating to the review of market rules. 1998, c. 15, Sched. A, s. 35 (4).

Stay of provision

(5) An application under this section does not stay the operation of the provision pending the completion of the review. 1998, c. 15, Sched. A, s. 35 (5).

Referral back to IMO

(6) If, on completion of a review under this section, the Board finds that the provision is inconsistent with the purposes of this Act or unjustly discriminates against or in favour of a market participant or class of market participants, the Board shall make an order directing the IESO to amend the market rules in a manner and within the time specified by the Board. 1998, c. 15, Sched. A, s. 35 (6); 2004, c. 23, Sched. A, s. 44 (2).

Publication

(7) The IESO shall, in accordance with the market rules, publish any amendment made pursuant to an order under subsection (6). 1998, c. 15, Sched. A, s. 35 (7); 2004, c. 23, Sched. A, s. 44 (2).

Further reviews

(8) Sections 33 and 34 do not apply to an amendment made in accordance with an order under subsection (6). 1998, c. 15, Sched. A, s. 35 (8).

Statutory powers of decision

35.1 The powers of the Board to make orders under sections 33, 34 and 35 shall be deemed to be statutory powers of decision for the purpose of the Statutory Powers Procedure Act. 2000, c. 26, Sched. D, s. 1 (1).

Appeals from orders

36. (1) A person who is subject to an order made under the market rules may appeal the order to the Board if the order,

(a) requires the person to pay a financial penalty or other amount of money that exceeds the amount prescribed by the regulations;

(b) denies the person authorization 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; or

(c) terminates, suspends or restricts the person’s rights 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. 1998, c. 15, Sched. A, s. 36 (1); 2004, c. 23, Sched. A, s. 45 (1).

Other methods of resolution

(2) An appeal shall not be commenced under subsection (1) unless the appellant has made use of the provisions of the market rules relating to dispute resolution. 1998, c. 15, Sched. A, s. 36 (2).

Time for appeal

(3) The appeal must be filed within the time prescribed by the rules of the Board. 1998, c. 15, Sched. A, s. 36 (3).

Stay of order

(4) An appeal does not stay the operation of the order pending the determination of the appeal unless the Board orders otherwise. 1998, c. 15, Sched. A, s. 36 (4).

Same

(5) In determining whether to stay the operation of an order, the Board shall consider,

(a) the public interest;

(b) the merits of the appeal;

(d) the balance of convenience. 1998, c. 15, Sched. A, s. 36 (5).

Powers of Board

(6) After considering the appeal, the Board may make an order,

(a) dismissing the appeal;

(b) revoking or amending the order appealed from; or

(c) making any other order or decision that the IESO could have made. 1998, c. 15, Sched. A, s. 36 (6); 2004, c. 23, Sched. A, s. 45 (2).

Same

(7) In addition to its powers under subsection (6), the Board may also make an order revoking, suspending or adding or amending a condition of the appellant’s licence. 1998, c. 15, Sched. A, s. 36 (7).

(8) Repealed: 2000, c. 26, Sched. D, s. 1 (2).

Exemptions from market rules

36.1 (1) A person may apply to the IESO for an exemption from any provision of the market rules. 2001, c. 9, Sched. F, s. 1 (2); 2004, c. 23, Sched. A, s. 46 (1).

Notice of application

(2) The IESO shall, in accordance with the market rules, publish notice of the application. 2001, c. 9, Sched. F, s. 1 (2); 2004, c. 23, Sched. A, s. 46 (1).

Determined by panel of directors

(3) The application shall be determined by a panel of at least two directors of the IESO assigned to the application by the chair of the IESO’s board of directors. 2004, c. 23, Sched. A, s. 46 (2).

Written submissions

(4) The panel is not required to hold a hearing but shall consider all written submissions made in accordance with the market rules in respect of the application. 2001, c. 9, Sched. F, s. 1 (2).

Exemption requires approval of two-thirds of panel

(5) An exemption shall not be granted unless the exemption is approved by at least two-thirds of the directors on the panel. 2004, c. 23, Sched. A, s. 46 (3).

Terms of exemption

(6) An exemption,

(a) may be granted in whole or in part; and

(b) may be granted subject to conditions or restrictions. 2001, c. 9, Sched. F, s. 1 (2).

Expiry of exemption

(7) If an exemption is granted, it shall specify that it expires,

(a) on a date fixed by the panel; or

(b) on the occurrence of an event specified by the panel. 2001, c. 9, Sched. F, s. 1 (2).

Same

(8) A date fixed for the expiry of an exemption under clause (7) (a) shall not be later than five years after the exemption takes effect, unless the panel is satisfied that the circumstances justify a later date. 2001, c. 9, Sched. F, s. 1 (2).

Reasons

(9) When the panel decides to grant or refuse to grant an exemption, it shall give written reasons for its decision. 2001, c. 9, Sched. F, s. 1 (2).

Notice of decision

(10) When the panel decides to grant or refuse to grant an exemption, the IESO shall, in accordance with the market rules, publish notice of the decision. 2001, c. 9, Sched. F, s. 1 (2); 2004, c. 23, Sched. A, s. 46 (4).

Appeal

(11) A person who is directly affected by the panel’s decision to grant or refuse to grant an exemption and who made written submissions to the panel may appeal to the Board within 14 days after publication of the notice of the decision. 2001, c. 9, Sched. F, s. 1 (2).

Short-term exemptions

(12) Subsection (11) does not apply to a decision to grant an exemption that expires less than 60 days after it is granted. 2001, c. 9, Sched. F, s. 1 (2).

Stay

(13) An appeal does not stay the decision of the panel pending the determination of the appeal. 2001, c. 9, Sched. F, s. 1 (2).

Powers of Board

(14) After considering the appeal, the Board may make an order,

(a) dismissing the appeal; or

(b) if the Board finds that the decision of the panel is inconsistent with the purposes of this Act,

(i) referring the application for the exemption back to the panel for further consideration,

(ii) revoking or amending the decision of the panel, or

(iii) making any decision that the panel could have made. 2001, c. 9, Sched. F, s. 1 (2).

Removal of exemption

(15) If the board of directors proposes to remove an exemption, subsections (2), (3), (4), (6), (9), (10), (11), (13) and (14) apply, with necessary modifications, and subsection (16) applies without modification. 2004, c. 23, Sched. A, s. 46 (5).

Appeal of removal of exemption

(16) If a decision is made to remove an exemption, the only person who may appeal under subsection (11) is the person in whose favour the exemption was granted. 2001, c. 9, Sched. F, s. 1 (2).

Previous exemptions

(17) An exemption from a provision of the market rules that was granted by the IESO before the day this subsection came into force in respect of a metering installation that was in service before April 17, 2000 or in respect of which the major components were ordered or procured before or within 30 days following April 17, 2000 shall be deemed to have been authorized by law and shall continue until it expires pursuant to its terms or until it is removed under subsection (15). 2001, c. 9, Sched. F, s. 1 (2); 2004, c. 23, Sched. A, s. 46 (6).

Rules

(18) The IESO’s directors may make rules governing the practice and procedure before panels of directors under this section. 2004, c. 23, Sched. A, s. 46 (7).

Report

(19) The IESO shall, not later than May 1, 2007, submit a report to the Minister on the need for and operation of this section. 2004, c. 23, Sched. A, s. 46 (8).

Extension

(20) The Lieutenant Governor in Council may, before May 1, 2007, extend by not more than six months the date by which the report referred to in subsection (19) must be submitted. 2004, c. 23, Sched. A, s. 46 (8).

Tabling of report

(21) The Minister shall submit the report to the Lieutenant Governor in Council and shall then table the report in the Assembly. 2001, c. 9, Sched. F, s. 1 (2).

Reliability Standards

Reliability standards

Posting the standard

36.2 (1) Within seven days after the IESO receives notification of the approval of a reliability standard by a standards authority, the IESO shall post the standard on its public website together with any other information and materials that may be prescribed by regulation. 2008, c. 7, Sched. G, s. 4.

Other notice

(2) If required by regulation, the IESO shall give additional notice of the standard and of any information and materials that may be prescribed by regulation in such other manner and at the time or times prescribed by regulation. 2008, c. 7, Sched. G, s. 4.

Application for review

(3) Any person may apply to the Board for review of a reliability standard by filing an application with the Board within 21 days after the standard is posted under subsection (1). 2008, c. 7, Sched. G, s. 4.

Board-initiated review

(4) The Board on its own motion may initiate a review of a reliability standard within 21 days, or such longer period of time as may be prescribed by regulation, after the standard is posted under subsection (1). 2008, c. 7, Sched. G, s. 4.

Stay pending Board review

(5) No application for review under subsection (3) or initiation of a review by the Board under subsection (4) shall stay the operation of the reliability standard pending the completion of the Board’s review of the standard unless the Board orders otherwise. 2008, c. 7, Sched. G, s. 4.

Same

(6) In determining whether to stay the operation of a reliability standard, the Board shall consider,

(a) the public interest;

(b) the merits of the application;

(d) the impact on consumers;

(e) the balance of convenience;

(f) the need to co-ordinate the implementation of the standard in Ontario with other jurisdictions;

(g) the need to co-ordinate the review of the standard in Ontario with regulatory bodies in other jurisdictions that have reviewed, are reviewing or may review the standard and that have the authority to refer the standard back to the standards authority for further consideration; and

(h) any other matter that may be prescribed by regulation. 2008, c. 7, Sched. G, s. 4.

Order re inconsistency or discrimination

(7) If, on completion of its review, the Board finds that the standard is inconsistent with the purposes of this Act or unjustly discriminates against or in favour of a market participant or class of market participants, the Board shall make an order,

(a) revoking the operation of the standard in Ontario, if it is already operational, or disallowing the future operation of the standard in Ontario, on a date specified by the Board; and

(b) referring the standard back to the standards authority for further consideration. 2008, c. 7, Sched. G, s. 4.

Order re co-ordination with other jurisdictions

(8) The Board may also make the order described in subsection (7) if, on completion of its review, the Board finds that there is a need to co-ordinate with other jurisdictions or with regulatory bodies in other jurisdictions regarding the reliability standard. 2008, c. 7, Sched. G, s. 4.

Order on prescribed grounds

(9) The Lieutenant Governor in Council may make regulations prescribing additional grounds on which the Board shall or may make the order described in subsection (7). 2008, c. 7, Sched. G, s. 4.

Application

(10) This section does not apply to a reliability standard approved by a standards authority before the day this section comes into force, but does apply to an amendment to a reliability standard, whether the reliability standard being amended was approved before, on or after the day this section comes into force, if the amendment to the reliability standard is approved on or after the day this section comes into force. 2008, c. 7, Sched. G, s. 4.

Appeals from sanction orders

36.3 (1) The IESO may appeal to the Board an order, finding or remedial action made or taken by a standards authority in respect of a violation of a reliability standard in Ontario, subject to such limitations as may be prescribed by regulation. 2008, c. 7, Sched. G, s. 4.

Other options to appeal

(2) An appeal shall not be commenced under subsection (1) unless the IESO has commenced all other reviews and appeals available to it and such reviews and appeals have been finally determined. 2008, c. 7, Sched. G, s. 4.

Time for appeal

(3) The appeal must be filed within the time prescribed by the rules of the Board. 2008, c. 7, Sched. G, s. 4.

Stay of order

(4) An appeal does not stay the operation of the order, finding or remedial action pending the determination of the appeal unless the Board orders otherwise. 2008, c. 7, Sched. G, s. 4.

Same

(5) In determining whether to stay the operation of an order, finding or remedial action, the Board shall consider,

(a) the public interest;

(b) the merits of the appeal;

(d) the balance of convenience. 2008, c. 7, Sched. G, s. 4.

Powers of Board

(6) After considering the appeal, the Board may make an order,

(a) dismissing the appeal;

(b) revoking or amending the order, finding or remedial action appealed from; or

(c) making any other order, finding or decision or taking any other remedial action that the standards authority could have made or taken. 2008, c. 7, Sched. G, s. 4.

Same

(7) In addition to its powers under subsection (6), the Board may also make an order,

(a) revoking or suspending a condition of the IESO’s licence;

(b) amending a condition of the IESO’s licence; or

Statutory powers of decision

36.4 The powers of the Board to make orders under sections 36.2 and 36.3 shall be deemed to be statutory powers of decision for the purpose of the Statutory Powers Procedure Act. 2008, c. 7, Sched. G, s. 4.

Investigations

Investigation by Market Surveillance Panel

37. (1) The Market Surveillance Panel may investigate any activity related to the IESO-administered markets or the conduct of a market participant. 2002, c. 1, Sched. A, s. 6; 2004, c. 23, Sched. A, s. 47 (1).

Right to examine

(2) For the purposes of an investigation under this section, the Panel may examine any documents or other things, whether they are in the possession or control of the person whose activities are being investigated or any other person. 2002, c. 1, Sched. A, s. 6.

Power to compel testimony

(3) For the purposes of an investigation under this section, the Panel has the same power to summon and enforce the attendance of any person and to compel him or her to testify on oath or otherwise, and to summon and compel any person to produce documents and other things, as is vested in the Superior Court of Justice for the trial of civil actions. 2002, c. 1, Sched. A, s. 6.

Contempt

(4) The Superior Court of Justice has the same power to punish for contempt a person who refuses to attend, testify or produce documents or other things when required to do so by the Panel under this section as it would if the person had disobeyed an order of the Court. 2002, c. 1, Sched. A, s. 6.

Rights of witness

(5) A person giving evidence under subsection (3) may be represented by counsel and may claim any privilege to which the person is entitled. 2002, c. 1, Sched. A, s. 6.

Inspection

(6) A person authorized in writing by the Panel may, on production of the authorization, enter any business premises, other than premises used as a dwelling, during business hours for the purposes of conducting an investigation under this section, where the person reasonably believes that relevant documents, records or other things may be found in the business premises. 2002, c. 1, Sched. A, s. 6.

Copies

(7) On giving a receipt, a person mentioned in subsection (6) may remove documents, records or other things for the purpose of making copies or extracts, and shall promptly return them to the person who produced them. 2002, c. 1, Sched. A, s. 6.

Documents in electronic form

(8) If a document, record or other thing is kept in electronic form, the person mentioned in subsection (6) may require that a copy of it be provided on paper or in a machine-readable medium or both. 2002, c. 1, Sched. A, s. 6.

Authorization to search

(9) For the purposes of an investigation under this section, a person authorized in writing by the Panel may apply to a judge of the Ontario Court of Justice in the absence of the public and without notice for a warrant authorizing the person or persons named in the warrant to enter and search any building, receptacle or place specified and to seize anything described in the authorization that is found in the building, receptacle or place and to bring it before the judge granting the authorization or another judge to be dealt with according to law. 2002, c. 1, Sched. A, s. 6.

Grounds

(10) No authorization shall be granted under subsection (9) unless the judge to whom the application is made is satisfied on information under oath that there are reasonable grounds to believe that there is in the building, receptacle or place to be searched anything that may reasonably relate to an investigation under this section. 2002, c. 1, Sched. A, s. 6.

Power to enter, search and seize

(11) A person named in a warrant under subsection (9) may, on production of the warrant, enter any building, receptacle or place specified in the warrant between 6 a.m. and 9 p.m. and search for and seize anything specified in the warrant. 2002, c. 1, Sched. A, s. 6.

Expiration

(12) Every warrant under subsection (9) shall name the day that it expires, which shall not be later than 15 days after the warrant is granted. 2002, c. 1, Sched. A, s. 6.

Dwellings

(13) For the purposes of subsections (9), (10) and (11),

“building, receptacle or place” does not include premises used as a dwelling. 2002, c. 1, Sched. A, s. 6.

Application

(14) Sections 159 and 160 of the Provincial Offences Act apply to searches and seizures under this section with such modifications as the circumstances require. 2002, c. 1, Sched. A, s. 6.

Report and recommendations

(15) On completion of an investigation, the Panel shall prepare a report that may include recommendations for amendment of the market rules or other recommendations. 2002, c. 1, Sched. A, s. 6.

Submission of report

(16) The Panel shall submit the report to the IESO, the Board and any other person that the Panel considers appropriate. 2004, c. 23, Sched. A, s. 47 (2).

Same

(17) The report shall be deemed, for the purpose of section 14 of the Freedom of Information and Protection of Privacy Act, to be a report prepared in the course of law enforcement, inspections or investigations by an agency which has the function of enforcing and regulating compliance with a law. 2002, c. 1, Sched. A, s. 6.

Review of materials by Panel

37.1 (1) Every market participant shall deliver to the Market Surveillance Panel, at any time required by the Panel, any books, records or documents that are required to be kept by the market participant under the market rules or Ontario law. 2002, c. 1, Sched. A, s. 6.

Same

(2) The Panel may review and keep copies of any books, records or documents provided under subsection (1) for the purposes of market surveillance. 2002, c. 1, Sched. A, s. 6.

Inspection

(3) A person authorized in writing by the Panel may enter the business premises of any market participant, other than premises used as a dwelling, during business hours, and may examine and make copies of any books, records or documents mentioned in subsection (1) for the purposes of market surveillance. 2002, c. 1, Sched. A, s. 6.

No obstruction

37.2 (1) No person shall obstruct, hinder or interfere with a person who is acting pursuant to an authorization granted under subsection 37 (6) or (9) or 37.1 (3). 2002, c. 1, Sched. A, s. 6.

Penalty

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine not exceeding $50,000. 2002, c. 1, Sched. A, s. 6.

Confidentiality

37.3 (1) All information and material that is not otherwise public and that is furnished to or received or obtained by the Panel or anyone acting on behalf of the Panel pursuant to section 37 or 37.1 is confidential, and no person shall communicate the information or allow access to or inspection of the material except in the ordinary course of his or her duties, unless,

(a) the Panel has made an order under subsection (3);

(b) the information or material was considered by the Panel in preparing a report under subsection 37 (15) and communication of the information or access to or inspection of the material is required by a summons or direction of the Board; or

(c) the information is communicated to or access to or inspection of the material is allowed to a police force or other investigatory agency or to a regulatory agency. 2002, c. 1, Sched. A, s. 6.

Not evidence in proceedings

(2) No document, record, copy or other thing obtained pursuant to section 37 or 37.1 is admissible in evidence in any proceeding, except a review by the Board under section 38, unless the Panel has made an order under subsection (3). 2002, c. 1, Sched. A, s. 6.

Disclosure by Panel

(3) The Panel shall make an order permitting the disclosure of information or material obtained pursuant to section 37 or 37.1 if, after giving the person from whom the information or material was obtained and any other person who, in the opinion of the Panel, is an interested party an opportunity to be heard, the Panel is of the opinion that disclosure is in the public interest. 2002, c. 1, Sched. A, s. 6.

Abuse of Market Power

Abuse of market power

38. (1) If the Market Surveillance Panel submits a report to the IESO and the Board under section 37 that contains recommendations relating to the abuse or possible abuse of market power, the IESO shall, within 30 days after receiving the report, inform the Board what action the IESO has taken or intends to take in response to the report. 1998, c. 15, Sched. A, s. 38 (1); 2004, c. 23, Sched. A, s. 48.

Review by Board

(2) After receiving the report of the Market Surveillance Panel and after receiving any information provided by the IESO under subsection (1), the Board may conduct a review to determine whether the market rules or the licence of any market participant should be amended. 1998, c. 15, Sched. A, s. 38 (2); 2004, c. 23, Sched. A, s. 48.

Minister’s directive

(3) If directed to do so by the Minister under section 28 of the Ontario Energy Board Act, 1998, the Board shall, in accordance with the directive, conduct a review to determine whether the market rules or the licence of any market participant should be amended. 1998, c. 15, Sched. A, s. 38 (3).

Powers of Board

(4) On the completion of a review under subsection (2) or (3), the Board may, for the purpose of avoiding, reducing the risk of or mitigating the effects of an abuse of market power,

(a) amend the licence of any market participant; or

(b) make an order directing the IESO to amend the market rules in a manner and within the time specified by the Board. 1998, c. 15, Sched. A, s. 38 (4); 2004, c. 23, Sched. A, s. 48.

Publication

(5) The IESO shall, in accordance with the market rules, publish any amendment made pursuant to an order under clause (4) (b). 1998, c. 15, Sched. A, s. 38 (5); 2004, c. 23, Sched. A, s. 48.

Further reviews

(6) Sections 33 and 34 do not apply to an amendment made in accordance with an order under clause (4) (b). 1998, c. 15, Sched. A, s. 38 (6).

Emergency Plans

Emergency plans

39. (1) The Minister shall require the IESO to prepare and file with the Minister such emergency plans as the Minister considers necessary. 1998, c. 15, Sched. A, s. 39 (1); 2004, c. 23, Sched. A, s. 49 (1).

Same

(2) The Minister may require a market participant to prepare and file with the Minister such emergency plans as the Minister considers necessary. 1998, c. 15, Sched. A, s. 39 (2).

Co-ordination of plans

(3) The IESO shall assist in co-ordinating the preparation of plans under subsections (1) and (2). 1998, c. 15, Sched. A, s. 39 (3); 2004, c. 23, Sched. A, s. 49 (1).

Implementation

(4) The Minister may direct the IESO or a market participant to implement an emergency plan filed under subsection (1) or (2), with such changes as the Minister considers necessary. 1998, c. 15, Sched. A, s. 39 (4); 2004, c. 23, Sched. A, s. 49 (1).

Nuclear generation facilities

(5) Every generator that owns or operates a nuclear generation facility shall file with the Minister a copy of any emergency plans relating to the facility that are filed with the Canadian Nuclear Safety Commission. 1998, c. 15, Sched. A, s. 39 (5).

(6) Repealed: 2004, c. 23, Sched. A, s. 49 (2).

Powers of Entry

Powers of entry

40. (1) A transmitter or distributor may, at reasonable times, enter land on which its transmission or distribution system is located,

(a) to inspect, maintain, repair, alter, remove, replace or disconnect wires or other facilities used to transmit or distribute electricity; or

(b) to install, inspect, read, calibrate, maintain, repair, alter, remove or replace a meter. 1998, c. 15, Sched. A, s. 40 (1).

Same: multi-unit buildings

(2) If a transmitter or distributor has the necessary consent of an owner or occupant to connect a line of its transmission or distribution system to part of a building and other parts of the building are owned by different owners or are in the possession of different occupants, the transmitter or distributor may, at reasonable times, enter on the other parts of the building to install, construct or maintain its transmission or distribution system, including anything necessary to make the connection. 1998, c. 15, Sched. A, s. 40 (2).

Same: common passages

(3) If a transmitter or distributor has the necessary consent of an owner or occupant to connect a line of its transmission or distribution system to land and the owner or occupant shares a mutual driveway or other common passage with the owners or occupants of neighbouring land, the transmitter or distributor may, at reasonable times, enter the common passage to install, construct or maintain its transmission or distribution system, including anything necessary to make the connection. 1998, c. 15, Sched. A, s. 40 (3).

Same: removal of obstructions

(4) A transmitter or distributor may enter any land for the purpose of cutting down or removing trees, branches or other obstructions if, in the opinion of the transmitter or distributor, it is necessary to do so to maintain the safe and reliable operation of its transmission or distribution system. 1998, c. 15, Sched. A, s. 40 (4).

Shutting off electricity

(5) For the purposes of this section, the transmitter or distributor may shut off or reduce the supply of electricity to the property or connect or disconnect equipment or open or close circuits. 1998, c. 15, Sched. A, s. 40 (5).

Employees, etc.

(6) If a person has a power of entry under this section, the power may be exercised by an employee or agent of the person who may be accompanied by any other person under the direction of the employee or agent. 1998, c. 15, Sched. A, s. 40 (6).

Identification

(7) A person exercising a power of entry under this section must on request display or produce proper identification. 1998, c. 15, Sched. A, s. 40 (7).

Notice, compensation, etc.

(8) If a person exercises a power of entry under this section, the person shall,

(a) provide reasonable notice of the entry to the occupier of the property;

(b) in so far as is practicable, restore the property to its original condition; and

Property Interests

Public streets and highways

41. (1) A transmitter or distributor may, over, under or on any public street or highway, construct or install such structures, equipment and other facilities as it considers necessary for the purpose of its transmission or distribution system, including poles and lines. 1998, c. 15, Sched. A, s. 41 (1).

Inspection, etc.

(2) The transmitter or distributor may inspect, maintain, repair, alter, remove or replace any structure, equipment or facilities constructed or installed under subsection (1) or a predecessor of subsection (1). 1998, c. 15, Sched. A, s. 41 (2).

Entry

(3) The transmitter or distributor may enter the street or highway at any reasonable time to exercise the powers referred to in subsections (1) and (2). 1998, c. 15, Sched. A, s. 41 (3).

Employees, etc.

(4) The powers of a transmitter or distributor under subsections (1), (2) and (3) may be exercised by an employee or agent of the transmitter or distributor, who may be accompanied by any other person under the direction of the employee or agent. 1998, c. 15, Sched. A, s. 41 (4).

No consent required

(5) The exercise of powers under subsections (1), (2) and (3) does not require the consent of the owner of or any other person having an interest in the street or highway. 1998, c. 15, Sched. A, s. 41 (5).

Identification

(6) A person exercising a power of entry under this section must on request display or produce proper identification. 1998, c. 15, Sched. A, s. 41 (6).

Notice, compensation, etc.

(7) If a transmitter or distributor exercises a power of entry under this section, it shall,

(a) provide reasonable notice of the entry to the owner or other person having authority over the street or highway;

(b) in so far as is practicable, restore the street or highway to its original condition; and

No compensation

(8) Subject to clause (7) (c), the transmitter or distributor is not required to pay any compensation in order to exercise its powers under subsections (1), (2) and (3), and the Expropriations Act does not apply in respect of anything done pursuant to those powers. 1998, c. 15, Sched. A, s. 41 (8).

Location

(9) The location of any structures, equipment or facilities constructed or installed under subsection (1) shall be agreed on by the transmitter or distributor and the owner of the street or highway, and in case of disagreement shall be determined by the Board. 1998, c. 15, Sched. A, s. 41 (9).

Application of subs. (9)

(10) Subsection (9) does not apply if section 92 of the Ontario Energy Board Act, 1998 applies. 1998, c. 15, Sched. A, s. 41 (10).

Telecommunications services

42. (1) If part of a transmission or distribution system is located on land with respect to which the transmitter or distributor has an easement or other right to use the land, the transmitter or distributor may,

(a) use the land that is subject to the easement or other right for the purpose of providing telecommunications service; or

(b) enter into agreements with other persons, including affiliates of the transmitter or distributor, authorizing them to use the land that is subject to the easement or other right for the purpose of providing telecommunications service. 1998, c. 15, Sched. A, s. 42 (1).

Same

(2) Subject to subsection (3), subsection (1) applies despite any other Act and despite any agreement or instrument to the contrary. 1998, c. 15, Sched. A, s. 42 (2).

Same

(3) Clause (1) (a) is subject to section 71 of the Ontario Energy Board Act, 1998. 1998, c. 15, Sched. A, s. 42 (3).

No compensation

(4) The transmitter or distributor is not required to pay any compensation for attaching wires or other telecommunications facilities to a transmission or distribution pole pursuant to clause (1) (a). 1998, c. 15, Sched. A, s. 42 (4).

Same

(5) A person who is authorized to use land pursuant to an agreement entered into under clause (1) (b) is not required to pay any compensation, other than compensation provided for in the agreement, for attaching wires or other telecommunications facilities to a transmission or distribution pole pursuant to the agreement. 1998, c. 15, Sched. A, s. 42 (5).

Definition

(6) In this section,

“telecommunications service” has the same meaning as in the Telecommunications Act (Canada). 1998, c. 15, Sched. A, s. 42 (6).

Easement: generators, transmitters and distributors

42.1 An easement in favour of a generator, transmitter or distributor for the purpose of generation, transmission or distribution does not have to be appurtenant or annexed to or for the benefit of any specific parcel of land to be valid. 2002, c. 1, Sched. A, s. 7.

Easement over lands sold for taxes

Transmitters and distributors

43. (1) Despite any other Act, if land that was or is subject to easements, ways, rights of way or entry, licences or rights to maintain property thereon, owned by or belonging to a transmitter or distributor, has been or is sold for taxes, or in respect of which a tax arrears certificate has been or is registered, such easements, ways, rights of way or entry, licences, or rights to maintain property shall be deemed not to have been or be affected by the sale or registration. 1998, c. 15, Sched. A, s. 43 (1).

Same: generators

(2) Despite any other Act, if land that was or is subject to flooding rights owned by or belonging to a generator has been or is sold for taxes, or in respect of which a tax arrears certificate has been or is registered, such flooding rights shall be deemed not to have been or be affected by the sale or registration. 1998, c. 15, Sched. A, s. 43 (2).

Easement: municipal public utilities

43.1 Section 91 of the Municipal Act, 2001 or section 72 of the City of Toronto Act, 2006, as the case may be, applies, with necessary modifications, with respect to a corporation incorporated under section 142 and its subsidiaries as if the corporation or subsidiary, as the case may be, were a municipality and with respect to an easement in favour of a generator, transmitter or distributor for the purpose of generation, transmission or distribution as if it were an easement of a public utility under that section. 2002, c. 1, Sched. A, s. 8; 2006, c. 32, Sched. C, s. 16 (1).

Ownership of fixtures

44. Despite any other Act, if property of a transmitter or distributor has been affixed to realty, the property remains subject to the rights of the transmitter or distributor as fully as it was before being so affixed and does not become part of the realty unless otherwise agreed by the transmitter or distributor in writing. 1998, c. 15, Sched. A, s. 44.

Exemption from seizure

45. Personal property of a transmitter or distributor that is used for or in connection with transmitting or distributing electricity to land is exempt from seizure,

(a) against the owner or occupant of the land under the Execution Act; and

(b) against a person with a leasehold interest in the land for overdue rent. 1998, c. 15, Sched. A, s. 45.

Unregistered rights

46. (1) If, immediately before the repeal of section 48 of the Power Corporation Act under the Energy Competition Act, 1998, land was subject to a right referred to in subsection 48 (2) or (3) of the Power Corporation Act, the land continues to be subject to the right until the right expires or until it is released by the holder of the right. 1998, c. 15, Sched. A, s. 46 (1).

Transfer of right

(2) A right referred to in subsection (1) may be transferred to,

(a) Hydro One Inc.;

(b) Ontario Power Generation Inc.;

(c.1) a subsidiary of Ontario Power Generation Inc. that is authorized to generate electricity;

(d) a corporation established pursuant to section 142 that is authorized to transmit or distribute electricity; or

(e) a subsidiary of a corporation established pursuant to section 142, if the subsidiary is authorized to transmit or distribute electricity. 1998, c. 15, Sched. A, s. 46 (2); 2002, c. 1, Sched. A, s. 9.

Information

(3) On the request of the owner of land or a person intending to acquire an interest in land, the holder of a right referred to in subsection (1) shall make a search of its records and, within 21 days after receiving the request, shall inform the owner or person whether or not it has a right affecting the land that is not registered under the Land Titles Act or the Registry Act and, if it has such a right, shall also inform the owner or person of the term and extent of the right. 1998, c. 15, Sched. A, s. 46 (3).

Compensation

(4) A person who suffers loss or damage due to the failure of the holder of a right to comply with subsection (3) is entitled to compensation for the loss or damage from the holder of the right. 1998, c. 15, Sched. A, s. 46 (4).

Application of Expropriations Act

(5) The Expropriations Act applies with necessary modifications to a claim for compensation under subsection (4) as if it constituted injurious affection and, for the purpose,

(a) a reference to the statutory authority shall be deemed to be a reference to the holder of the right; and

(b) a reference to the owner shall be deemed to be a reference to the person mentioned in subsection (4). 1998, c. 15, Sched. A, s. 46 (5).

Transition

Use of land in connection with generation

46.1 (1) If, on March 31, 1999, the occupier of land used or could lawfully have used the land in connection with the generation of electricity, any occupier of the land may,

(a) use the land in connection with the generation of electricity,

(i) for the use for which the land was used on March 31, 1999, or

(ii) for any use for which the land could lawfully have been used on March 31, 1999; and

(b) use or erect on the land any building or structure in connection with a use of the land that is authorized by clause (a). 2001, c. 23, s. 67.

Same

(2) For the purpose of subsection (1), if, on March 31, 1999, land was used or could lawfully have been used in connection with a generation facility that used a type of fuel prescribed by the regulations to generate electricity and, with respect to that type of fuel, the regulations prescribe another type of fuel as a substitute fuel, it shall be deemed to have been lawful on March 31, 1999 to use the land in connection with a generation facility that used the substitute fuel to generate electricity. 2001, c. 23, s. 67.

Transition: use of land in connection with transmission or distribution

(3) If, on March 31, 1999, the occupier of land used or could lawfully have used the land in connection with the transmission or distribution of electricity, any occupier of the land may,

(a) use the land in connection with the transmission or distribution of electricity,

(i) for the use for which the land was used on March 31, 1999, or

(ii) for any use for which the land could lawfully have been used on March 31, 1999; and

(b) use or erect on the land any building or structure in connection with a use of the land that is authorized by clause (a). 2001, c. 23, s. 67.

Planning Act

(4) This section applies despite any provision of the Planning Act that was enacted before the day the Responsible Choices for Growth and Fiscal Responsibility Act (Budget Measures), 2001 received Royal Assent and despite any by-law, regulation or order made under the Planning Act before that day. 2001, c. 23, s. 67.

Toronto land used by Ontario Hydro

46.2 (1) Despite section 46.1, if, before March 31, 1999, Ontario Hydro occupied and used land in the City of Toronto in connection with the generation of electricity using fossil fuels and for any ancillary use, any occupier of the land may,

(a) use the land in connection with any one or more of the generation of electricity using a type of fuel prescribed by the regulations, the transmission of electricity and the distribution of electricity and for any ancillary uses; and

(b) use or erect on the land any building or structure in connection with a use of the land that is authorized by clause (a). 2002, c. 23, s. 3 (21).

Conflict

(2) This section applies despite any provision of the Planning Act or any other Act and despite any by-law, regulation or order made under the Planning Act or any other Act. 2002, c. 23, s. 3 (21).

Affixing signs, etc.

47. Every person who, without the consent of a transmitter or distributor, nails or otherwise attaches anything, or causes anything to be nailed or otherwise attached to or upon any wooden transmission or distribution pole of the transmitter or distributor is guilty of an offence and on conviction is liable to a fine of not more than $200. 1998, c. 15, Sched. A, s. 47.

PART IV
HYDRO ONE INC.

Objects of Hydro One Inc.

48. (1) The objects of Hydro One Inc. include, in addition to any other objects, owning and operating transmission systems and distribution systems through one or more subsidiaries. 2002, c. 1, Sched. A, s. 10.

Status

(2) Hydro One Inc. and its subsidiaries are not agents of Her Majesty for any purpose, despite the Crown Agency Act. 2002, c. 1, Sched. A, s. 10.

Statutory duties and restrictions

48.1 (1) Hydro One Inc. shall, through one or more subsidiaries, operate generation facilities and distribution systems in, and shall distribute electricity within, such communities as may be prescribed by regulation, whether or not the community is connected to the IESO-controlled grid, and shall do so in accordance with such conditions and restrictions as may be prescribed by regulation. 2010, c. 8, s. 37 (6).

Restriction

(2) Hydro One Inc. shall not own or operate transmission systems or distribution systems in Ontario except through one or more subsidiaries. 2002, c. 1, Sched. A, s. 10.

Same

(3) A subsidiary of Hydro One Inc. shall not transmit or distribute electricity in Ontario if it transmits or distributes electricity outside Ontario. 2002, c. 1, Sched. A, s. 10.

Mandatory provisions in articles

48.2 (1) The articles of incorporation of Hydro One Inc. and of such of its subsidiaries as may be prescribed by regulation must contain the following:

1. Such provisions as may be prescribed by regulation governing the creation and issuance of one or more classes of special shares to be issued to the Minister, to hold on behalf of Her Majesty in right of Ontario, and governing the rights, privileges, restrictions and conditions attaching to each such class of shares.

2. Such provisions as may be prescribed by regulation with respect to constraints on the issue, transfer and ownership, including joint ownership, of voting securities of the corporation.

3. Such provisions as may be prescribed by regulation with respect to the enforcement of the constraints. 2002, c. 1, Sched. A, s. 10.

Restrictions

(2) The articles of incorporation and by-laws of Hydro One Inc. and of its subsidiaries that are prescribed for the purposes of subsection (1) must not contain any provisions that are inconsistent with those required by subsection (1). 2002, c. 1, Sched. A, s. 10.

Enforcement

(3) Without limiting the generality of paragraph 3 of subsection (1), the provisions referred to in that paragraph may provide for the filing of declarations, the suspension of voting rights, the forfeiture of dividends, the refusal to issue or register voting securities and the sale of voting securities held contrary to the constraints and payment of the net proceeds of the sale to the person or entity entitled to those proceeds. 2002, c. 1, Sched. A, s. 10.

Non-application of Business Corporations Act, s. 42

(4) Subsection (1) applies despite subsection 42 (1) of the Business Corporations Act. 2002, c. 1, Sched. A, s. 10.

Same

(5) Subsection 42 (2) of the Business Corporations Act does not operate to prohibit any offer to the public of shares that are subject to the rights, privileges, restrictions, conditions and constraints required by subsection (1). 2002, c. 1, Sched. A, s. 10.

Rights of the Minister

49. (1) The Minister, on behalf of Her Majesty in right of Ontario, may acquire, hold, dispose of and otherwise deal with securities or debt obligations of, or any other interest in, Hydro One Inc. or any of its subsidiaries. 2002, c. 1, Sched. A, s. 10.

Agreements

(2) The Minister, on behalf of Her Majesty in right of Ontario, may enter into any agreement or arrangement that the Minister considers necessary or incidental to the exercise of a power under subsection (1). 2002, c. 1, Sched. A, s. 10.

Corporations authorized re Hydro One Inc.

50. (1) The Lieutenant Governor in Council may cause corporations to be incorporated under the Business Corporations Act or the Corporations Act for the purpose of acquiring, holding, disposing of and otherwise dealing with securities or debt obligations of, or any other interest in, Hydro One Inc. or any of its subsidiaries. 2002, c. 1, Sched. A, s. 10.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by striking out “the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010”. See: 2010, c. 15, ss. 223, 249.

Same

(2) The Minister, on behalf of Her Majesty in right of Ontario, may acquire, hold, dispose of and otherwise deal with securities or debt obligations of, or any other interest in, a corporation incorporated pursuant to subsection (1). 2002, c. 1, Sched. A, s. 10.

Agreements, etc.

(3) The Minister, on behalf of Her Majesty in right of Ontario, may enter into any agreement or arrangement that the Minister considers necessary or incidental to the exercise of a power under subsection (1) or (2). 2002, c. 1, Sched. A, s. 10.

Crown agent

(4) A corporation incorporated pursuant to subsection (1) is an agent of Her Majesty for all purposes. 2002, c. 1, Sched. A, s. 10.

Dividends paid to Crown agent

(5) If an agent of Her Majesty in right of Ontario is paid dividends in respect of the shares of Hydro One Inc., the agent shall pay the dividends to the Financial Corporation, less any amount that it considers is required to pay obligations it has assumed, or Her Majesty in right of Ontario has assumed, under clause 122 (1) (a). 2002, c. 1, Sched. A, s. 10.

Corporations and other entities and arrangements to hold securities, etc.

50.1 (1) The Lieutenant Governor in Council may cause corporations or other entities to be established or arrangements to be made for the purpose of acquiring, holding, disposing of or otherwise dealing with, directly or indirectly,

(a) securities, assets, liabilities, rights, obligations, revenues and income of Hydro One Inc. or any of its subsidiaries; and

(b) interests in or entitlements to those securities, assets, liabilities, rights, obligations, revenues and income. 2002, c. 1, Sched. A, s. 10.

Status

(2) A corporation or other entity established under subsection (1) is not an agent of Her Majesty for any purpose, despite the Crown Agency Act. 2002, c. 1, Sched. A, s. 10.

Agreements, etc.

Direction by Minister

(4) If Her Majesty in right of Ontario or an agent of Her Majesty is the only holder of voting securities of Hydro One Inc., the Minister may direct it,

(a) to transfer any of its securities, assets, liabilities, rights, obligations, revenues and income to any person or entity;

(b) to transfer an interest in or entitlement to any of its securities, assets, liabilities, rights, obligations, revenues and income to any person or entity;

(c) to transfer to any person or entity any securities, assets, liabilities, rights, obligations, revenues and income of any subsidiary of which Hydro One Inc. is the only holder, directly or indirectly, of voting securities; or

(d) to transfer to any person or entity an interest in or entitlement to any securities, assets, liabilities, rights, obligations, revenues and income of any subsidiary of which Hydro One Inc. is the only holder, directly or indirectly, of voting securities. 2002, c. 1, Sched. A, s. 10.

Same

(5) The Minister may impose conditions and restrictions when giving a direction under subsection (4). 2002, c. 1, Sched. A, s. 10.

Types of entities

(6) Without limiting the generality of subsection (1), a trust or a partnership may be established under that subsection. 2002, c. 1, Sched. A, s. 10.

Right of the Minister re corporations and other entities and arrangements

50.2 (1) The Minister, on behalf of Her Majesty in right of Ontario, may acquire, hold, dispose of or otherwise deal with securities or debt obligations of, or any other interest in, a corporation or other entity established under subsection 50.1 (1). 2002, c. 1, Sched. A, s. 10.

Same

(2) The Minister, on behalf of Her Majesty in right of Ontario, may acquire, hold, dispose of or otherwise deal with any interest in an arrangement made under subsection 50.1 (1). 2002, c. 1, Sched. A, s. 10.

Agreements, etc.

Proceeds of disposition

50.3 (1) All proceeds payable to Her Majesty in right of Ontario in respect of the disposition of any securities or debt obligations of, or any other interest in, Hydro One Inc., a corporation established under section 50, a corporation or other entity established under section 50.1 or an arrangement made under section 50.1 shall be paid to the Financial Corporation,

(a) less any amount that the Minister of Finance considers advisable in connection with the acquisition of such securities, debt obligations or interest, including the amount of the purchase price, any obligations assumed and any other costs incurred by Her Majesty in right of Ontario; and

(b) less the amount of any costs incurred by Her Majesty in right of Ontario in disposing of the securities, debt obligations or other interest. 2002, c. 1, Sched. A, s. 10.

Payments in respect of capital

(2) All amounts payable to Her Majesty in right of Ontario in respect of capital for any shares of Hydro One Inc. shall be paid to the Financial Corporation less the amount, if any, described in clause (1) (a). 2002, c. 1, Sched. A, s. 10.

Non-application of Financial Administration Act

(3) Clause 1.1 (1) (b) and subsection 2 (1) of the Financial Administration Act do not apply with respect to proceeds to be paid to the Financial Corporation under subsection (1). 2002, c. 1, Sched. A, s. 10.

Repeal

(4) This section is repealed on the day on which Part V is repealed under section 84.1. 2002, c. 1, Sched. A, s. 10.

Reporting requirements

50.4 (1) Hydro One Inc. shall, within 90 days after the end of every fiscal year, submit to the Minister an annual report on its affairs during that fiscal year, signed by the chair of the board of directors. 2002, c. 1, Sched. A, s. 10.

Same

(2) The Minister shall submit the annual report to the Lieutenant Governor in Council and shall then table the report in the Assembly. 2002, c. 1, Sched. A, s. 10.

Same

(3) Hydro One Inc. may give its annual report to other persons before the Minister complies with subsection (2). 2002, c. 1, Sched. A, s. 10.

Additional reports and information

(4) Hydro One Inc. shall give such other reports and information to the Minister of Finance or to the Minister as each of them may require from time to time. 2002, c. 1, Sched. A, s. 10.

Repeal

(5) This section is repealed on a day to be named by proclamation of the Lieutenant Governor. 2002, c. 1, Sched. A, s. 10.

Non-application, Financial Administration Act, s. 28

51. Section 28 of the Financial Administration Act does not apply with respect to any transaction authorized by this Part. 2002, c. 1, Sched. A, s. 10.

Residual power of the Crown

52. Nothing in this Part restricts the powers of Her Majesty in right of Ontario or any member of the Executive Council at common law or under any Act, whether as a shareholder or otherwise. 2002, c. 1, Sched. A, s. 10.

Regulations

53. (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing communities for the purposes of subsection 48.1 (1);

(b) prescribing conditions and restrictions with respect to the statutory duties of Hydro One Inc. under subsection 48.1 (1);

(c) prescribing, for the purposes of subsection 48.2 (1), mandatory provisions to be included in articles of incorporation;

(d) prescribing subsidiaries for the purposes of subsection 48.2 (1). 2002, c. 1, Sched. A, s. 10.

Types of constraints

(2) Without limiting the generality of clause (1) (c), a regulation under that clause may include provisions governing,

(a) the mandatory disclosure of information in documents issued or published by the applicable corporation;

(b) the duties and powers of the directors to refuse to issue or register transfers of shares in accordance with the articles of the corporation;

(d) the powers of the directors to require disclosure of beneficial ownership of shares of the corporation and the rights of the corporation and its directors, employees or agents to rely on the disclosure and the effects of the reliance;

(e) the manner of determining how much of the equity of a corporation a person or class of persons owns. 2002, c. 1, Sched. A, s. 10.

Non-application re constraints, etc.

(3) A regulation under clause (1) (c) may provide that a provision imposing a constraint or a provision for the enforcement of a constraint does not apply with respect to such persons and in such circumstances as are described in the regulation. 2002, c. 1, Sched. A, s. 10.

Limited application re constraints, etc.

(4) A regulation under clause (1) (c) may provide that a provision imposing a constraint or a provision for the enforcement of a constraint applies only with respect to such persons and in such circumstances as are described in the regulation. 2002, c. 1, Sched. A, s. 10.

General or specific

(5) A regulation may be general or specific. 2002, c. 1, Sched. A, s. 10.

Restriction on powers

(6) On the day on which this subsection comes into force, the Lieutenant Governor in Council ceases to have the authority to make regulations under clause (1) (c). 2002, c. 1, Sched. A, s. 10.

Effect of restriction

(7) Despite subsection (6),

(a) a regulation made under clause (1) (c) before the day subsection (6) comes into force continues in effect after that day according to its terms; and

(b) on and after the day on which subsection (6) comes into force, the Lieutenant Governor in Council retains the authority to revoke a regulation made under clause (1) (c) before that day or to revoke one or more provisions of such a regulation. 2002, c. 1, Sched. A, s. 10.

Commencement

(8) Subsections (6) and (7) come into force on a day to be named by proclamation of the Lieutenant Governor. 2002, c. 1, Sched. A, s. 10.

Regulations, smart grid

53.0.1 The Lieutenant Governor in Council may make regulations governing the smart grid and its implementation, including regulations,

(a) in respect of the timeframe for the development of the smart grid;

(b) assigning roles and responsibilities for the development, implementation and standardization of the smart grid;

(c) prescribing the standards for communications and any other aspects in respect of the operation of the smart grid. 2009, c. 12, Sched. B, s. 12.

PART IV.1
ONTARIO POWER GENERATION INC.

Objects of Ontario Power Generation Inc.

53.1 (1) The objects of Ontario Power Generation Inc. include, in addition to any other objects, owning and operating generation facilities. 2002, c. 1, Sched. A, s. 11.

Status

(2) Ontario Power Generation Inc. and its subsidiaries are not agents of Her Majesty for any purpose, despite the Crown Agency Act. 2002, c. 1, Sched. A, s. 11.

Rights of the Minister

53.2 The Minister, on behalf of Her Majesty in right of Ontario, may acquire and hold shares of Ontario Power Generation Inc. 2002, c. 1, Sched. A, s. 11.

Corporations to hold shares

53.3 (1) The Lieutenant Governor in Council may cause corporations to be incorporated under the Business Corporations Act for the purpose of acquiring and holding shares in Ontario Power Generation Inc. 2002, c. 1, Sched. A, s. 11.

Same

(2) Shares in a corporation incorporated pursuant to subsection (1) may be acquired and held in the name of Her Majesty in right of Ontario by a member of the Executive Council designated by the Lieutenant Governor in Council. 2002, c. 1, Sched. A, s. 11.

Crown agent

(3) A corporation incorporated pursuant to subsection (1) is an agent of Her Majesty for all purposes. 2002, c. 1, Sched. A, s. 11.

Dividends paid to Crown agent

(4) If an agent of Her Majesty in right of Ontario is paid dividends in respect of shares of Ontario Power Generation Inc., the agent shall pay the dividends to the Financial Corporation, less any amount that it considers is required to pay obligations it has assumed under clause 122 (1) (a). 2002, c. 1, Sched. A, s. 11.

Reporting requirements

53.4 (1) Ontario Power Generation Inc. shall, within 90 days after the end of every fiscal year, submit to the Minister an annual report on its affairs during that fiscal year, signed by the chair of the board of directors. 2002, c. 1, Sched. A, s. 11.

Same

(2) The Minister shall submit the annual report to the Lieutenant Governor in Council and shall then table the report in the Assembly. 2002, c. 1, Sched. A, s. 11.

Same

(3) Ontario Power Generation Inc. may give its annual report to other persons before the Minister complies with subsection (2). 2002, c. 1, Sched. A, s. 11.

Additional reports and information

(4) Ontario Power Generation Inc. shall give such other reports and information to the Minister of Finance or to the Minister as each of them may require from time to time. 2002, c. 1, Sched. A, s. 11.

Residual power of the Crown

53.5 Nothing in this Part restricts the powers of Her Majesty in right of Ontario or any member of the Executive Council at common law or under any Act, whether as a shareholder or otherwise. 2002, c. 1, Sched. A, s. 11.

Power to acquire land and property

53.6 (1) Ontario Power Generation Inc. may, without any further approval and without the consent of the owner, enter upon, take possession of, expropriate and use such land, property, waters, water privileges, water powers, rights of access and roads, buildings and works as in its opinion are necessary for the purpose of the expeditious development and construction of works for the conveying of water by subsurface tunnels from the Niagara River to any existing or future power generation facilities and ancillary works at Niagara. 2004, c. 23, Sched. A, s. 51.

Same

(2) Subsection (1) applies,

(a) despite any provision of this or any other Act;

(b) despite the devotion or deemed devotion of the land or property to a municipal or other public use;

(d) despite the origin, nature or sources of the owner’s title to or interest in the land or property; and

(e) despite the manner by which the land or property was acquired by the owner or any of the owner’s predecessors in title. 2004, c. 23, Sched. A, s. 51.

Easements continue until release

(3) Despite any provision of any other Act, if Ontario Power Generation Inc. acquires an easement through, over, under or otherwise affecting any land, the land shall continue to be subject to the easement and the easement shall be binding upon the owner and all subsequent owners of the land until Ontario Power Generation Inc. grants a release. 2004, c. 23, Sched. A, s. 51.

Acquisition of whole parcels

(4) Ontario Power Generation Inc. may acquire a whole parcel of land of which only a part may be acquired under the authority of this section, together with any right of way to it if the parcel is separated from the works, if Ontario Power Generation Inc. reasonably believes that the whole parcel may be obtained at a more reasonable price or there is a greater advantage to acquiring the whole parcel instead of only the part and Ontario Power Generation Inc. may later sell and convey all or part of the excess land as it considers expedient. 2004, c. 23, Sched. A, s. 51.

Expropriations Act application

(5) If a power exercised under subsection (1) does not constitute an expropriation, Ontario Power Generation Inc. shall provide compensation to the owner based on market value as provided by the Expropriations Act. 2004, c. 23, Sched. A, s. 51.

No court action

(6) No action or exercise of a power by Ontario Power Generation Inc. under this section shall be restrained by injunction or other process or proceeding in any court. 2004, c. 23, Sched. A, s. 51.

Definitions

(7) In this section,

“easement” means an easement, right of way, right or licence in the nature of an easement, profit à prendre or other incorporeal hereditament; (“servitude”)

“land” means any real property and includes any estate, term, easement, right or interest in, to, over, under or affecting real property; (“bien-fonds”)

“owner” includes a mortgagee, lessee, tenant, occupant, a person entitled to a limited estate or interest in land and a guardian, committee, executor, administrator or trustee in whom land or any property is vested; (“propriétaire”)

“property” means property of any kind, other than land, and includes any interest in property; (“bien”)

“works” includes all property, plant, machinery, buildings, erections, constructions, installations, materials, devices, fittings, apparatus, appliances and equipment for the generation, transformation, transmission, distribution, supply or use of power. (“ouvrages”) 2004, c. 23, Sched. A, s. 51.

PART IV.2
THE SMART METERING ENTITY

The Smart Metering Entity

53.7 (1) To accomplish the government’s policies in relation to its smart metering initiative, the Minister,

(a) may cause the Smart Metering Entity to be incorporated as a corporation under the Business Corporations Act;

(b) may cause the Smart Metering Entity to be formed as a limited partnership under the Limited Partnerships Act;

(d) may designate an entity by regulation as the Smart Metering Entity. 2006, c. 3, Sched. B, s. 2.

Name of the Smart Metering Entity

(2) Subject to the Business Corporations Act, the Business Names Act and the Limited Partnerships Act, as applicable, the Smart Metering Entity shall have the name prescribed for it by regulation and the regulation may require that the Smart Metering Entity maintain the prescribed name. 2006, c. 3, Sched. B, s. 2.

Objects or nature of the business of the Smart Metering Entity

53.8 The objects of the Smart Metering Entity, if it is a corporation, or the nature of its business activities, if the Smart Metering Entity is a limited partnership or a partnership, include, in addition to any other objects or business activities, the following:

1. To plan and implement and, on an ongoing basis, oversee, administer and deliver any part of the smart metering initiative as required by regulation under this or any Act or directive made pursuant to sections 28.3 or 28.4 of the Ontario Energy Board Act, 1998, and, if so authorized, to have the exclusive authority to conduct these activities.

2. To collect and manage and to facilitate the collection and management of information and data and to store the information and data related to the metering of consumers’ consumption or use of electricity in Ontario, including data collected from distributors and, if so authorized, to have the exclusive authority to collect, manage and store the data.

3. To establish, to own or lease and to operate one or more databases to facilitate collecting, managing, storing and retrieving smart metering data.

4. To provide and promote non-discriminatory access, on appropriate terms and subject to any conditions in its licence relating to the protection of privacy, by distributors, retailers, the OPA and other persons,

i. to the information and data referred to in paragraph 2, and

ii. to the telecommunication system that permits the Smart Metering Entity to transfer data about the consumption or use of electricity to and from its databases, including access to its telecommunication equipment, systems and technology and associated equipment, systems and technologies.

5. To own or to lease and to operate equipment, systems and technology, including telecommunication equipment, systems and technology that permit the Smart Metering Entity to transfer data about the consumption or use of electricity to and from its databases, including owning, leasing or operating such equipment, systems and technology and associated equipment, systems and technologies, directly or indirectly, including through one or more subsidiaries, if the Smart Metering Entity is a corporation.

6. To engage in such competitive procurement activities as are necessary to fulfil its objects or business activities.

7. To procure, as and when necessary, meters, metering equipment, systems and technology and any associated equipment, systems and technologies on behalf of distributors, as an agent or otherwise, directly or indirectly, including through one or more subsidiaries, if the Smart Metering Entity is a corporation.

8. To recover, through just and reasonable rates, the costs and an appropriate return approved by the Board associated with the conduct of its activities.

9. To undertake any other objects that are prescribed by regulation. 2006, c. 3, Sched. B, s. 2.

Status of the Smart Metering Entity

53.9 The Smart Metering Entity is not an agent of Her Majesty for any purpose and, if the Smart Metering Entity is a corporation, its subsidiaries are not agents of Her Majesty for any purpose, despite the Crown Agency Act. 2006, c. 3, Sched. B, s. 2.

Powers of Smart Metering Entity corporation

53.10 If the Minister incorporates or designates a corporation as the Smart Metering Entity, it shall have the powers of a natural person except as limited under this Act. 2006, c. 3, Sched. B, s. 2.

Mandatory provisions in articles

53.11 (1) If the Smart Metering Entity is a corporation, its articles of incorporation and of such of its subsidiaries as may be prescribed by regulation must contain the conditions, restrictions, criteria or requirements that are prescribed by regulation. 2006, c. 3, Sched. B, s. 2.

Application of Business Corporations Act

(2) Despite clause 2 (3) (a) of the Business Corporations Act, the Business Corporations Act applies to the Smart Metering Entity, if it is a corporation, except that a regulation made under this Act may provide for the non-application of provisions of the Business Corporations Act to the Smart Metering Entity. 2006, c. 3, Sched. B, s. 2.

Smart Metering Entity participation in partnerships, etc.

53.12 (1) Nothing in this Part prevents the Smart Metering Entity, if it is incorporated, from participating in partnerships, limited partnerships, joint ventures or any other transaction or arrangement that may be prescribed by regulation, subject to such conditions or restrictions as may be prescribed by regulation. 2006, c. 3, Sched. B, s. 2.

Same

(2) For the purpose of subsection (1), the Smart Metering Entity may participate in transactions or arrangements directly or indirectly as a partner, limited partner, general partner or as a participant in a joint venture or may hold an interest in, directly or through one or more subsidiaries, a partnership, limited partnership, joint venture or any other transaction or arrangement. 2006, c. 3, Sched. B, s. 2.

Reporting requirements

53.13 The Smart Metering Entity shall provide the reports and information to the Minister that the Minister requires. 2006, c. 3, Sched. B, s. 2.

Collection of consumer information

53.14 In carrying out its objects or business activities, the Smart Metering Entity,

(a) may directly or indirectly collect information and data relating to the consumption or use of electricity from consumers, distributors or any other person; and

(b) may manage and aggregate the data related to consumers’ electricity consumption or use. 2006, c. 3, Sched. B, s. 2.

Reciprocal obligations concerning information

53.15 (1) Distributors, retailers and other persons shall provide the Smart Metering Entity with such information as it requires to fulfil its objects or conduct its business activities. 2006, c. 3, Sched. B, s. 2.

Restrictions on the Smart Metering Entity

(2) If the Smart Metering Entity has provided access to a distributor, retailer or another person to information under this Part, it shall not engage in a business activity prescribed by regulation if,

(a) the person to whom access has been provided is also engaged in the business activity; and

(b) the access was granted for the purpose of the person engaging in the business activity. 2006, c. 3, Sched. B, s. 2.

Obligations of distributors, etc., re: installing meters

53.16 (1) When a distributor or any person licensed by the Board to do so installs a smart meter, metering equipment, systems and technology and any associated equipment, systems and technologies or replaces an existing meter, the distributor or person shall use a meter, metering equipment, systems and technology and associated equipment, systems and technologies of a type, class or kind prescribed by regulation or that meets the criteria or requirements prescribed by regulation or mandated by a code issued by the Board or by an order of the Board for the classes of property or classes of consumers prescribed by regulation or required by the Board. 2006, c. 3, Sched. B, s. 2.

Same

(2) A regulation, code or order referred to in subsection (1) may require that a distributor or other person take certain actions and may require that the actions be taken within a specified time. 2006, c. 3, Sched. B, s. 2.

Exclusive authority of Board

(3) A regulation referred to in subsection (1) may provide the Board with exclusive authority to approve or authorize the meters, the metering equipment, systems and technology and associated equipment, systems and technologies after a prescribed date. 2006, c. 3, Sched. B, s. 2.

Obligations of distributors, etc., re: procurement, contracts or arrangements

(4) When a distributor or any person licensed by the Board to conduct the activities referred to in subsection (1) enters into a procurement process, contract or arrangement in relation to the smart metering initiative, the procurement process, contract or arrangement shall meet the criteria or requirements prescribed by regulation or mandated by a code issued by the Board or by an order of the Board. 2006, c. 3, Sched. B, s. 2.

53.17 Repealed: 2010, c. 8, s. 37 (7).

Prohibition re: discretionary metering activities

53.18 (1) On and after November 3, 2005, no distributor shall conduct discretionary metering activities unless the distributor is authorized to conduct the activity by this Act, a regulation, the Energy Consumer Protection Act, 2010, an order of the Board or a code issued by the Board or it is required to do so under the Electricity and Gas Inspection Act (Canada). 2006, c. 3, Sched. B, s. 2; 2010, c. 8, s. 37 (8).

Definition

(2) For the purpose of this section,

“discretionary metering activity” means the installation, removal, replacement or repair of meters, metering equipment, systems and technology and any associated equipment, systems and technologies which is not mandated by the Electricity and Gas Inspection Act (Canada), by regulation, by an order of the Board or by a code issued by the Board or authorized by a regulation made under this Act. 2006, c. 3, Sched. B, s. 2.

Procurement contracts, transition

53.19 (1) The Minister may direct the Smart Metering Entity to assume, as of the date the Minister considers appropriate, responsibility for exercising all powers and performing all duties of the Crown, including powers and duties to be exercised and performed through an agency of the Crown,

(a) under any request for proposals, draft request for proposals, another form of procurement solicitation issued by the Crown or through an agency of the Crown or any other initiative pursued by the Crown or through an agency of the Crown, which relate to the government’s smart metering initiative that was issued or pursued after November 3, 2005 and before January 1, 2008; and

(b) under any contract that relates to a procurement that was entered into by the Crown or an agency of the Crown pursuant to a request for proposal, a draft request for proposal or another form of procurement solicitation referred to in clause (a). 2006, c. 3, Sched. B, s. 2.

Release of the Crown, etc.

(2) As of the day specified in the Minister’s direction under subsection (1), the Smart Metering Entity shall assume responsibility in accordance with that subsection and the Crown and any Crown agency are released from any and all liabilities and obligations with respect to the matters for which the Smart Metering Entity has assumed responsibility. 2006, c. 3, Sched. B, s. 2.

Reimbursement of costs incurred by the Crown

53.20 (1) The Smart Metering Entity shall reimburse the Crown or, if so directed by the Minister, an agency of the Crown for costs relating to the Smart Metering Entity, a procurement contract or a matter within the objects of the Smart Metering Entity, if,

(a) the costs were incurred by the Crown or an agency of the Crown after November 3, 2005 and before January 1, 2008; or

(b) the liability of the Crown or an agency of the Crown for the costs arose during the period described in clause (a). 2006, c. 3, Sched. B, s. 2.

Payment of reimbursement

(2) The Smart Metering Entity shall make the reimbursement by making one or more payments in such amount or amounts at such time or times as may be determined by the Minister. 2006, c. 3, Sched. B, s. 2.

Minister’s determinations final

(3) The determinations of the Minister under subsection (2) are final and conclusive and shall not be stayed, varied or set aside by any court. 2006, c. 3, Sched. B, s. 2.

Regulations

53.21 (1) The Lieutenant Governor in Council may make regulations,

(a) designating an entity as the Smart Metering Entity;

(b) prescribing the name of the Smart Metering Entity;

(d) authorizing the Smart Metering Entity to have exclusive authority to conduct the metering activities referred to in section 53.8;

(e) prescribing objects for the purposes of section 53.8;

(f) governing the collection, use and disclosure of information relating to consumers’ consumption or use of electricity, including personal information;

(g) prescribing, for the purposes of subsection 53.11 (1), conditions, restrictions, criteria or requirements to be included in the Smart Metering Entity’s articles of incorporation and in the articles of incorporation of such of its subsidiaries as may be prescribed;

(h) prescribing subsidiaries of the Smart Metering Entity for the purposes of subsection 53.11 (1);

(i) prescribing provisions of the Business Corporations Act that do not apply to the Smart Metering Entity or to any of its subsidiaries that are prescribed;

(j) prescribing transactions or arrangements for the purposes of subsection 53.12 (1) and conditions or restrictions that apply to them;

(k) governing smart meters and the installation and maintenance of smart meters, metering equipment, systems and technology and any associated equipment, systems and technologies;

(l) identifying actions to be taken by the Smart Metering Entity, distributors and other persons licensed by the Board in respect of the installation of prescribed meters, metering equipment, systems and technology and any associated equipment, systems and technologies at prescribed locations throughout Ontario or for prescribed classes of properties and prescribed classes of consumers in priority to other locations or classes of property or classes of consumers and prescribing the time within which such actions must be taken;

(m) prescribing the date for the purpose of subsection 53.16 (3);

(n) prescribing criteria or requirements that the procurement process, contract or arrangement must meet for the purpose of subsection 53.16 (4);

(o), (p) Repealed: 2010, c. 8, s. 37 (10).

(q) authorizing activity as discretionary metering activity for the purpose of section 53.18;

(r) prescribing measures to be taken by the Smart Metering Entity to facilitate the achievement of the targets associated with the smart metering initiative;

(s) identifying specific objectives or criteria applicable to the Smart Metering Entity’s metering and telecommunications technologies;

(t) approving, with respect to a class of consumers, meters or a class of meters and metering equipment, systems and technology and associated equipment, systems and technologies to be installed by a distributor or a person licensed by the Board to do so, including approving or fixing the maximum costs of the meters and metering equipment, systems and technology and associated equipment, systems and technologies and specifying criteria which any one of them must meet. 2006, c. 3, Sched. B, s. 2; 2010, c. 8, s. 37 (9, 10).

General or specific

(2) A regulation may be general or specific in its application. 2006, c. 3, Sched. B, s. 2.

PART V
THE FINANCIAL CORPORATION

Ontario Hydro Financial Corporation

54. (1) Ontario Hydro is continued as a corporation without share capital under the name Ontario Hydro Financial Corporation in English and Société financière Ontario Hydro in French. 1998, c. 15, Sched. A, s. 54 (1).

Regulations

(2) The Lieutenant Governor in Council may make regulations changing the name of the Financial Corporation. 1998, c. 15, Sched. A, s. 54 (2).

Same

(3) Despite subsection 2 (3) but subject to the regulations, if a regulation is made changing the name of the Financial Corporation, a reference in this or any other Act or in the regulations made under this or any other Act to Ontario Hydro or to the Financial Corporation shall be deemed to be a reference to the new name, unless the context requires otherwise. 1998, c. 15, Sched. A, s. 54 (3).

Rights to Ontario Hydro name

(4) Despite subsections (1) and (2) but subject to any transfer order made under Part X, the Financial Corporation retains all rights to the name Ontario Hydro. 1998, c. 15, Sched. A, s. 54 (4).

Composition

(5) The Financial Corporation is composed of those persons who, from time to time, comprise its board of directors. 1998, c. 15, Sched. A, s. 54 (5).

Objects and character

55. (1) The objects of the Financial Corporation include, in addition to any other objects,

(a) managing its debt;

(b) receiving payments made to the Financial Corporation under this Act or pursuant to any other authority;

(c) administering assets, liabilities, rights and obligations of the Financial Corporation and disposing or otherwise dealing with them as it considers appropriate or as the Minister of Finance directs under section 74;

(d) exercising and performing powers and duties under Part VII;

(e) effecting financings, including establishing trusts, corporations, partnerships or other entities for that purpose; and

(f) such other objects as may be specified by the Lieutenant Governor in Council. 1998, c. 15, Sched. A, s. 55 (1); 2002, c. 1, Sched. A, s. 12 (1).

Managing debt

(2) For the purpose of this section, managing the Financial Corporation’s debt includes,

(a) servicing and retiring debt;

(b) borrowing, including refinancing, renewing or replacing debt;

(d) managing financial assets, financial liabilities and financial risks. 1998, c. 15, Sched. A, s. 55 (2).

Capacity

(3) The Financial Corporation has the capacity and the rights, powers and privileges of a natural person. 1998, c. 15, Sched. A, s. 55 (3); 2002, c. 1, Sched. A, s. 12 (2).

Crown agent

56. The Financial Corporation is an agent of Her Majesty for all purposes. 1998, c. 15, Sched. A, s. 56.

57. Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011.

Board of directors

58. (1) The Financial Corporation’s board of directors shall manage or supervise the management of the Corporation’s business and affairs. 1998, c. 15, Sched. A, s. 58 (1).

Composition

(2) The board of directors shall be composed of at least two and not more than 12 directors appointed by the Lieutenant Governor in Council on the recommendation of the Minister of Finance. 1998, c. 15, Sched. A, s. 58 (2).

Term of office

(3) A director shall hold office at pleasure for a term not exceeding three years and may be reappointed for successive terms not exceeding three years each. 1998, c. 15, Sched. A, s. 58 (3).

Chair

(4) The Lieutenant Governor in Council, on the recommendation of the Minister of Finance, shall designate one of the directors as the chair of the board of directors. 1998, c. 15, Sched. A, s. 58 (4).

Vice-chairs

(5) The Lieutenant Governor in Council, on the recommendation of the Minister of Finance, may designate one or more of the directors as a vice-chair of the board of directors. 1998, c. 15, Sched. A, s. 58 (5).

Powers and duties of vice-chair

(6) If the office of chair is vacant or if the chair is absent or unable to act, a vice-chair shall exercise the powers and perform the duties of the chair. 1998, c. 15, Sched. A, s. 58 (6).

Former directors cease to hold office

(7) A person who was a member of the board of directors immediately before subsection (2) comes into force ceases to be a member of the board of directors when subsection (2) comes into force, but nothing in this subsection prevents the person from being reappointed. 1998, c. 15, Sched. A, s. 58 (7).

Chief executive officer

59. The Lieutenant Governor in Council, on the recommendation of the Minister of Finance, may appoint a chief executive officer of the Financial Corporation. 1998, c. 15, Sched. A, s. 59.

Delegation

60. (1) Subject to its by-laws, the board of directors of the Financial Corporation may delegate any of its powers or duties to a committee of the board or to any one or more of the directors, subject to such conditions and restrictions as may be specified by the board of directors. 1998, c. 15, Sched. A, s. 60 (1).

Exceptions

(2) Subsection (1) does not permit the board of directors to delegate its power to make by-laws or to approve the financial statements or annual report of the Financial Corporation. 1998, c. 15, Sched. A, s. 60 (2).

By-laws

61. (1) The board of directors of the Financial Corporation may make by-laws regulating the business and affairs of the Corporation. 1998, c. 15, Sched. A, s. 61 (1).

Approval

(2) A by-law is not effective unless it has been approved in writing by the Minister of Finance. 1998, c. 15, Sched. A, s. 61 (2).

Investment powers

(3) The power of the Financial Corporation to borrow, invest funds and manage financial risks may only be exercised under the authority of a by-law. 1998, c. 15, Sched. A, s. 61 (3).

Legislation Act, 2006, Part III

(4) Part III (Regulations) of the Legislation Act, 2006 does not apply to by-laws made under this section. 1998, c. 15, Sched. A, s. 61 (4); 2006, c. 21, Sched. F, s. 136 (1).

Use of revenues

62. Despite the Financial Administration Act, the revenues received by the Financial Corporation do not form part of the Consolidated Revenue Fund and shall be used by the Corporation for the purpose of carrying out its objects. 1998, c. 15, Sched. A, s. 62.

Special purpose account

63. (1) If the Lieutenant Governor in Council authorizes Her Majesty in right of Ontario to assume obligations under clause 122 (1) (a), the Minister of Finance shall establish a special purpose account in the Consolidated Revenue Fund for the purposes of this section. 1998, c. 15, Sched. A, s. 63 (1).

Dividends

(2) Dividends paid to Her Majesty in right of Ontario in respect of shares of Hydro One Inc. and Ontario Power Generation Inc. shall be paid into the account, less any amount that the Minister of Finance considers is required to pay obligations assumed by Her Majesty under clause 122 (1) (a). 1998, c. 15, Sched. A, s. 63 (2); 2002, c. 1, Sched. A, s. 13.

Payment to Financial Corporation

(3) Money paid into the account shall be paid out, at such times as the Minister of Finance may direct, to the Financial Corporation. 1998, c. 15, Sched. A, s. 63 (3).

Closure of account

(4) Before this Part is repealed under section 84.1, the special purpose account shall be closed and any money remaining in the special purpose account shall be paid out to the Financial Corporation. 1998, c. 15, Sched. A, s. 63 (4); 2000, c. 42, s. 22.

64. Repealed: 2002, c. 1, Sched. A, s. 14.

Limitation on borrowing

65. The Financial Corporation shall not borrow money except as authorized under this or any other Act. 1998, c. 15, Sched. A, s. 65.

Authorization to borrow

66. (1) The Lieutenant Governor in Council may by order authorize the Financial Corporation to borrow such sums of money as the Corporation considers necessary for the purpose of carrying out its objects. 1998, c. 15, Sched. A, s. 66 (1).

Methods of borrowing

(2) The Financial Corporation may exercise the authority referred to in subsection (1) by the issuance of notes, bonds, debentures, deposit receipts, securities or other evidences of indebtedness, by giving short term security, by loan agreement or in any other manner approved by the Lieutenant Governor in Council. 1998, c. 15, Sched. A, s. 66 (2).

Approval by Minister of Finance

(3) The Lieutenant Governor in Council may authorize the Minister of Finance to approve the terms and conditions of the exercise by the Financial Corporation of the authority referred to in subsection (1), 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. 66 (3).

Short term securities

(4) If an order of the Lieutenant Governor in Council under subsection (1) expressly refers to this subsection and authorizes the Financial Corporation to borrow a maximum principal amount of money by the issue and sale of short term securities during a specified period not exceeding 25 years, the following terms and conditions apply:

1. Throughout the specified period, the Financial Corporation may issue, reissue, renew or replace securities issued under the order during the period if the maximum aggregate principal amount of the securities issued under the order and outstanding from time to time does not at any time exceed the maximum principal amount specified in the order.

2. Every security issued under the authority of the order shall bear a date of maturity not later than five years from its date of issue. 1998, c. 15, Sched. A, s. 66 (4).

Loans

(5) If an order of the Lieutenant Governor in Council under subsection (1) expressly refers to this subsection and authorizes the Financial Corporation to borrow a maximum principal amount of money for a period not exceeding five years from any bank, corporation, government, person or authority, the Financial Corporation may borrow from time to time such sums not exceeding at any one time the maximum principal amount specified by the Lieutenant Governor in Council. 1998, c. 15, Sched. A, s. 66 (5).

Application

(6) This section does not apply to money borrowed by the Financial Corporation pursuant to section 67 or 68. 1998, c. 15, Sched. A, s. 66 (6).

Province may purchase securities, etc.

67. (1) The Lieutenant Governor in Council may by order authorize the Minister of Finance to purchase securities of or make loans to the Financial Corporation at such times and on such terms and conditions as the Minister may determine, subject to,

(a) the maximum principal amount specified by the Lieutenant Governor in Council that may be purchased or advanced or that may be outstanding at any time; and

(b) any other terms and conditions that are specified by the Lieutenant Governor in Council. 1998, c. 15, Sched. A, s. 67 (1).

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. 67 (2).

Province may raise funds

68. The Lieutenant Governor in Council may raise by way of loan in the manner provided by the Financial Administration Act such sums as the Lieutenant Governor in Council considers necessary for the purposes of the Financial Corporation, and the sums so raised shall be used to make advances to the Corporation by way of loan or to purchase securities issued by the Corporation on such terms and conditions as the Minister of Finance may determine. 1998, c. 15, Sched. A, s. 68.

Guarantee and indemnity

69. (1) The Lieutenant Governor in Council may by order authorize the Minister of Finance, on behalf of Ontario, to agree to guarantee or indemnify,

(a) any debts, obligations, securities or undertakings of the Financial Corporation or a subsidiary of the Financial Corporation; or

(b) any debts, obligations, costs or undertakings of any other person arising in connection with a guarantee or indemnity given under clause (a). 1998, c. 15, Sched. A, s. 69 (1).

Terms and conditions

(2) In respect of a guarantee or indemnity authorized under subsection (1), the Lieutenant Governor in Council may fix such terms and conditions as are considered advisable or may authorize the Minister of Finance, subject to any maximum liability specified for the guarantee or indemnity by the Lieutenant Governor in Council, to determine the terms, conditions and amount on which the guarantee or indemnity will be given. 1998, c. 15, Sched. A, s. 69 (2).

Delegation, order under ss. 66 to 69

70. In an order under section 66, 67, 68 or 69, 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 that section. 1998, c. 15, Sched. A, s. 70.

Fees payable to Minister of Finance

71. (1) The Financial Corporation shall pay to the Minister of Finance such fees as are prescribed by the regulations,

(a) in respect of securities purchased and sums loaned under section 67;

(b) in respect of sums advanced or securities purchased under section 68; and

Application

(2) Subsection (1) applies in respect of sums advanced or applied and guarantees and indemnities given before or after the coming into force of this section. 1998, c. 15, Sched. A, s. 71 (2).

Subsidiaries

72. (1) The Financial Corporation may establish a subsidiary in Ontario or elsewhere only with the approval of the Minister of Finance. 1998, c. 15, Sched. A, s. 72 (1).

Subsidiary may act otherwise than as agent of Crown

(2) A subsidiary of the Financial Corporation may declare in writing in any of its contracts, securities or instruments that it is not acting as an agent of Her Majesty for the purposes of the contract, security or instrument. 1998, c. 15, Sched. A, s. 72 (2).

Same

(3) If a subsidiary makes a declaration in accordance with subsection (2), it shall be deemed not to be an agent of Her Majesty for the purposes of the contract, security or instrument and Her Majesty is not liable for any liability or obligation of the subsidiary under the contract, security or instrument. 1998, c. 15, Sched. A, s. 72 (3).

Entities established for effecting financing

73. In addition to the restriction in subsection 72 (1) on establishing subsidiaries, the Financial Corporation may establish a trust, partnership or other entity in Ontario or elsewhere for the purpose of effecting a financing only with the approval of the Minister of Finance. 1998, c. 15, Sched. A, s. 73.

Directives

74. (1) The Minister of Finance may issue directives in writing to the Financial Corporation or any subsidiary of the Financial Corporation on matters relating to its exercise of powers and duties. 1998, c. 15, Sched. A, s. 74 (1).

Implementation

(2) The board of directors of the Financial Corporation or subsidiary shall ensure that directives under this section are implemented promptly and efficiently. 1998, c. 15, Sched. A, s. 74 (2).

Supervision

(3) A directive may, without limiting the generality of subsection (1), provide for the supervision, management and operation of the whole or any part of the business and affairs of the Financial Corporation or subsidiary by the Ontario Financing Authority or such other agency of the Crown as may be specified in the directive and may restrict, in whole or in part, the powers of the directors of the Financial Corporation or subsidiary to manage or supervise the management of the business and affairs of the Financial Corporation or subsidiary. 1998, c. 15, Sched. A, s. 74 (3).

Same

(4) An agency of the Crown specified in a directive referred to in subsection (3) has all the rights, powers, duties and liabilities of the board of directors of the Financial Corporation or subsidiary to the extent that the directive restricts the powers of the board of directors to manage or supervise the management of the business and affairs of the Financial Corporation or subsidiary and the directors of the Financial Corporation or subsidiary are relieved of their duties and liabilities to the same extent. 1998, c. 15, Sched. A, s. 74 (4).

Same

(5) Without limiting the powers and capacities of the Ontario Financing Authority, its objects shall include any activities described in a directive applicable to it under subsection (3). 1998, c. 15, Sched. A, s. 74 (5).

Subsidiaries

(6) Subsection (1) does not apply in respect of a contract, security or instrument with respect to which a subsidiary of the Financial Corporation has made a declaration in accordance with subsection 72 (2). 1998, c. 15, Sched. A, s. 74 (6).

Evidence of authority

75. A recital or declaration in any resolution of the Financial Corporation that a transaction is for the purpose of carrying out the Corporation’s objects is conclusive evidence to that effect. 1998, c. 15, Sched. A, s. 75.

Employees

76. (1) Without limiting the power of the Financial Corporation to hire employees, such employees as are considered necessary for the proper conduct of the Corporation may be appointed under Part III of the Public Service of Ontario Act, 2006. 2006, c. 35, Sched. C, s. 31 (1).

(2) Repealed: 2006, c. 35, Sched. C, s. 31 (1).

Agreements to provide services

(3) Any minister of the Crown may enter into agreements with the Financial Corporation for the provision by employees of the Crown or any agency of the Crown of any service required by the Corporation. 1998, c. 15, Sched. A, s. 76 (3).

Liability

77. (1) No action or other civil proceeding shall be commenced against a director, officer, employee or agent of the Financial Corporation or a subsidiary of the Financial Corporation, or of an agency of the Crown specified in a directive referred to in subsection 74 (3), for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under this Act, the regulations or the by-laws of the Corporation or subsidiary, or for any neglect or default in the exercise or performance in good faith of such a power or duty. 1998, c. 15, Sched. A, s. 77 (1).

Declaration under subs. 72 (2)

(2) Subsection (1) does not apply to any act, neglect or default in respect of a contract, security or instrument with respect to which a subsidiary of the Financial Corporation has made a declaration in accordance with subsection 72 (2). 1998, c. 15, Sched. A, s. 77 (2).

Actions against Crown

(3) No action or other civil proceeding shall be commenced against the Crown for any act, neglect or default by a person referred to in subsection (1) or for any act, neglect or default of the Financial Corporation, a subsidiary of the Financial Corporation or an agency of the Crown specified in a directive referred to in subsection 74 (3). 1998, c. 15, Sched. A, s. 77 (3).

Same

(4) Subsections (1) and (3) do not relieve the Financial Corporation, a subsidiary of the Financial Corporation or an agency of the Crown specified in a directive referred to in subsection 74 (3) 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. 77 (4).

Same

(5) Subsection (3) does not relieve the Crown of any liability pursuant to a guarantee or indemnity under section 69 or a guarantee referred to in clause 130 (a). 1998, c. 15, Sched. A, s. 77 (5).

Definition

(6) In this section,

“employee” includes an employee employed under Part III of the Public Service of Ontario Act, 2006. 1998, c. 15, Sched. A, s. 77 (6); 2006, c. 35, Sched. C, s. 31 (2).

Waiver of immunity

78. The Financial Corporation or any