Foreign Cultural Objects Immunity from Seizure Act Determination

Pursuant to delegated authority and in accordance with subsection 1(1) of the Foreign Cultural Objects Immunity from Seizure Act, R.S.O. 1990, c.F-23, the works of art or other objects of cultural significance listed in Schedule “A” attached hereto, which works or objects are to be on temporary exhibit during the Gauguin: Portraits exhibition at the National Gallery of Canada in Ottawa, Ontario pursuant to loan agreements between the National Gallery of Canada and the lenders listed in the attached Schedule “A”, are hereby determined to be of cultural significance and the temporary exhibition of these works or objects in Ontario is in the interest of the people of Ontario.

date: March 21, 2019

Determined by Kevin Finnerty
Assistant Deputy Minister
Business Transformation and Project Management Division
Ministry of Tourism, Culture and Sport

Schedule “A”

List of Works

Gauguin: Portraits

National Gallery of Canada

Lender Artist Object/Art Date Medium Dimension Inventory #
Norton Museum of Art Paul Gauguin Christ in the Garden of Olives 1889 Oil on canvas 72.4 x 91.4 cm (28 1/2 x 36 in.) 46.5
Sterling and Francine Clark Art Institute Paul Gauguin Young Christian Girl 1894 Oil on canvas Without frame: 65.3 x 46.7 cm (25 11/16 x 18 3/8 in.) Frame: 89.9 x 71.3 cm (35 3/8 x 28 1/16 in.) 1986.22
The Museum of Modern Art Paul Gauguin Portrait of Jacob Meyer de Haan 1889 Oil on wood 79.6 x 51.7 cm (31 3/8 x 20 3/8 in.) 2.1958
L’Institut national d’histoire de l’art Paul Gauguin Portrait de Stéphane Mallarmé (Portrait of Stéphane Mallarmé) 1891 Unknown Unknown GAUGUIN 17a
Baltimore Museum of Art Paul Gauguin Vahine no te vi (Woman of the Mango) 1892 Oil on canvas Without frame: 73 x 45.1 cm With frame: 107 x 78.4 x 6.4 cm gauguin2019-l19.1
Kunstmuseum Basel Paul Gauguin Portrait de l’artiste par lui-même (Portrait of the Artist by Himself) 1903 Öl auf leinwand (Oil on canvas) 41.4 x 23.5 cm 1943
Museum FolkWang Paul Gauguin Contes barbares (Barbarian Tales) 1902 Oil on canvas Without frame : 131.5 x 90.5 cm With frame: 150 x 110 x 7.5 cm g 54
Dallas Museum of Art Paul Gauguin Portrait Vase of Mme. Schuffenecker c. 1889-1890 Glazed stoneware 23.654 x 17.15 x 17.78 cm (9 5/16 x 6 3/4 x 7 in.) 1985.r.28
Indianapolis Museum of Art at Newfields Paul Gauguin Still Life with Profile of Laval 1886 Oil on canvas Canvas dimensions: 46.04 x 38.1 cm (18 1/8 X 15 in.) Frame dimensions with optium glazing: 66 x 58.4 x 5.7 cm (26 x 22 3/4 x 2 3/4 in.) 1998.167
Petit Palais, Musée des Beaux-Arts de la Ville de Paris Paul Gauguin Vieil homme au bâton (Old Man at Bat) Unknown Huile sur toile (Oil on canvas) Without frame: 70 x 45 cm With frame: 88.5 x 64.5 x 6.5 cm ppp623
Harvard Art Museums Paul Gauguin Still Life with Apples, a Pear, and a Ceramic Portrait Jug 1889 Oil on paper mounted on panel Without frame: 28.6 x 36.2 cm (11 1/4 x 14 1/4 in.) With frame: 43.5 x 52.4 x 2.9 cm (17 1/8 x 20 5/8 x 1 1/8 in.) 1958.292
Private collection located in Italy Paul Gauguin Still Life with l’Esperance 1901 Oil on canvas Without frame, mat or pedestal: 65 x 77 cm With frame, mat or pedestal: approx. 90 x 90 cm n/a
Hammer Museum Paul Gauguin Bonjour Monsieur Gauguin (Hello Mr. Gauguin) 1889 Oil on canvas and panel Without frame, mat or pedestal: 29 1/2 x 21 9/16 x 3/4 in. With frame, mat or pedestal: 41 1/4 x 33 1/8 x 4 7/8 in. gauguin2019-l10.1
Pola Museum of Art Paul Gauguin Exotic Eve 1890/1894 Watercolour on paper Without frame, mat or pedestal: 42.8 x 25.1 cm With frame, mat or pedestal: 72 x 54.6 x 11.5 cm gauguin2019-l16.1
Kimbell Art Museum Paul Gauguin Self-Portrait Unknown Unknown Unknown 1997.03
Richard Wolman Paul Gauguin Portrait de Meyer de Haan (Portrait of Meyer de Haan) 1889-90 Charcoal on paper Without frame, mat or pedestal: 31 x 19.4 cm gauguin2019-l50.1
Galerie Talabardon & Gautier Paul Gauguin Soyez Symboliste: Portrait of Jean Moréas (By a Symbolist: Portrait of Jean Moréas) 1890-91 Brush and pen and ink Without frame, mat or pedestal: 25.4 x 28.2 cm With frame, mat or pedestal: 45.7 x 50.9 cm gauguin2019-l41.1
Elysium Management LLC Paul Gauguin Le peintre Roy (The Painter Roy) 1889 Oil on canvas 16 x 13 in. n/a
Stichting Kröller-Müller Museum Paul Gauguin Atiti 1892 Oil on canvas 29.7 x 24.7 cm km 104.366
National Gallery of Art (Washington) Paul Gauguin Self-Portrait Dedicated to Carrière 1888 or 1889 Oil on canvas Without frame: 46.5 x 38.6 cm (18 5/16 x 15 3/16 in.) With frame: 66 x 58.7 x 8.2 cm (26 x 23 1/8 x 3 1/4 in.) 1985.64.20
National Gallery of Art (Washington) Paul Gauguin Père Paillard 1902 Painted miro wood 67.9 x 18 x 20.7 cm (26 3/4 x 7 1/16 x 8 1/8 in.) 1963.10.238
Saint Louis Art Museum Paul Gauguin Madame Roulin 1888 Oil on canvas Without frame: 50.5 x 63.5 cm (19 7/8 x 25 in.) With frame: 78.1 x 91.4 x 10.5 cm (30 3/4 x 36 x 4 1/8 in.) 5:1959
Fine Arts Museums of San Francisco Paul Gauguin, L’arlésienne, Mme. Ginoux (The Woman from Arles, Madame Ginoux) 1888 Beige chalk under charcoal with stumping, with salmon-colored pastel, heightened with white chalk on beige wove paper Sheet: 561 x 492 mm (22 1/16 x 19 3/8 in.) Frame: 854 x 744 x 44 mm (33 5/8 x 29 5/16 x 1 3/4 in.) 69.30.78
McNay Art Museum Paul Gauguin Portrait of the Artist with the Idol c. 1893 Oil on canvas Without frame, mat or pedestal: 43.8 x 32.7 cm With frame, mat or pedestal: 66 x 54.6 cm gauguin2019-l39.1
Musée Léon Dierx Paul Gauguin Masque de sauvage (Mask of the Savage) Unknown Céramique (Ceramic) 25 cm x 19 cm x 5 cm 1947.01.52
Private collection located in the United States of America Paul Gauguin Portrait of Annette Belfils 1890 Conté crayon and red chalk With frame, mat or pedestal: 59 x 56 x 6 cm gauguin2019-l48.1
The National Museum of Western Art Paul Gauguin Portrait of the Painter Slewinski 1891 Oil on canvas 53.5 x 81.5 cm p.1959-107
Musée d’Orsay Paul Gauguin Portrait de l’artiste au Christ jaune (The Artist with the Yellow Christ) 1890 and 1891 Huile sur toile (Oil on canvas) 38 x 46 cm rf 1994-2
Musée d’Orsay Paul Gauguin Portriat de l’artiste (recto); Portrait de William Morland (verso) 1893 and 1894 Huile sur toile (Oil on canvas) 46 x 38 cm rf 1966-7
Musée d’Orsay Paul Gauguin Autoportrait–à l’ami Daniel (Self-portrait – To My Friend Daniel) 1896 Huile sur toile (Oil on canvas) 40.5 x 32 cm rf 1951-7
Musée d’Orsay Paul Gauguin Pot anthropomorphe (Anthropomorphic jar) Unknown Base (grès émaillé) Base (glazed stonewear) 28.4 x 21.5 cm oa 9050
Musée d’Orsay Paul Gauguin Tehura 1891-1893 Masque en bois de pua polychrome (Polychrome wooden mask) 22.2 x 7.8 x 12 x 6 cm oa 9528
Musée d’Orsay Paul Gauguin Tahitien Unknown Masque en bronze (Bronze mask) 25 x 12 x 18 cm af 14392
Museums Sheffield Paul Gauguin Interior with Aline 1881 Oil on canvas 757 x 869 x 68 mm vis.li.901
Art Institute of Chicago Paul Gauguin Merahi metua no Tehamana (Tehamana Has Many Parents or The Ancestors of Tehamana) 1893 Oil on jute canvas 75 x 53 cm (29 1/2 x 20 7/8 in.) 1980.613
Musées royaux des Beaux-Arts de Belgique Paul Gauguin Portrait de Suzanne Bambridge (Portrati of Suzanne Bambridge) 1891 Huile sur toile (Oil on canvas) Without frame: 70 x 50 cm With frame: 95 x 74.5 x 7 cm Inv. 4491
Museu de Arte de São Paulo Assis Chateaubriand Paul Gauguin Self-Portrait (Near Golgotha) 1896 Oil on canvas Without frame : 75.5 x 63 cm With frame: 100 x 88 x 12 cm masp. 00108

(152-G146)

Ontario Energy Board

Notice of Amendment to a Code March 14, 2019

Amendments to the Unit Sub-Metering Code (USMC)

Note: The text of the amendments is set out in italics below, for ease of identification only.

  1. Effective March 14, 2019, section 1.2.1 of the USMC is amended by deleting the words “Ontario Energy Board” from the definition of “OESP”; by replacing the definition of “business day with the following”:
    “business day”
    means any day other than a Saturday or a holiday;

    and by adding the following definition immediately after the definition of “exempt distributor”:

    “holiday”
    means a holiday described in section 88 of the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F as well as the August Civic Holiday;
  2. Effective July 1, 2019, the following new section 3.3.2A is added immediately after section 3.3.2:
          1. For the purposes of this section 3.3:
            “complaint”
            means an allegation by a consumer of a breach of an enforceable provision by a unit sub-meter provider;
            “Consumer Complaint Response Process”
            means the requirements set out in sections 3.3.4 to 3.3.12;
            “enforceable provision”
            has the meaning given to it in section 3 of the Act;
            “OEB E-Portal”
            means the Board’s electronic communication tool used to communicate with a unit sub-meter provider for the purposes of the Consumer Complaint Response Process;
  3. Effective July 1, 2019, sections 3.3.3 and 3.3.4 of the USMC are replaced with the following:
        1. If a consumer makes a complaint to a unit sub-meter provider regarding its services, the unit sub-meter provider shall expeditiously investigate the complaint and take all appropriate and necessary steps to resolve the complaint. If the complaint is not resolved within 10 business days, the unit sub-meter provider shall inform the consumer that the consumer may contact the Board at any time, and shall at the same time provide the consumer with either the Board’s designated toll-free telephone number or local telephone number (as requested by the consumer), and the website address designated by the Board for that purpose.
        2. A unit sub-meter provider shall, within five business days of the coming into force of this section 3.3.4, provide the Board with an e-mail address for the purposes of the Consumer Complaint Response Process. The unit sub-meter provider shall ensure that the e-mail address is monitored at all times during the unit sub-meter provider’s regular business hours.
  4. Effective July 1, 2019, the following new sections 3.3.5 to 3.3.12 are added to the USMC immediately after section 3.3.4:
        1. A unit sub-meter provider shall, within five business days of the coming into force of this section 3.3.5, provide the Board with the name, title, direct telephone number, direct e-mail address, and mailing address of:
          1. the person designated by the unit sub-meter provider as the unit sub-meter provider’s contact person for purposes of the Consumer Complaint Response Process; and
          2. the person that the person in paragraph (a) reports to.
        2. If any of the information required under sections 3.3.4 or 3.3.5 changes, the unit sub-meter provider shall provide the Board with updated information as soon as possible upon becoming aware of the change and in any event no later than five business days of the change taking effect.
        3. Where a non-complaint issue from a consumer is forwarded to a unit sub-meter provider through the OEB E-Portal, the unit sub-meter provider shall respond directly to the consumer, in a timely manner. In such a case, the unit sub-meter provider is not required to follow the process set out in sections 3.3.8 to 3.3.11.
        4. Where a complaint is forwarded to a unit sub-meter provider through the OEB E-Portal, the unit sub-meter provider shall provide, through the OEB E-Portal, a response to the complaint that meets the requirements of section 3.3.9 within:
          1. two business days of the date of receipt of the complaint, where the complaint relates to the disconnection of a consumer’s property or is otherwise identified as urgent by the Board when forwarding the complaint to the unit sub-meter provider; or
          2. 10 business days of receipt of the complaint in all other cases.
        5. The unit sub-meter provider’s response referred to in section 3.3.8 must include the following:
          1. all pertinent information regarding the complaint, including any relevant background information;
          2. the steps taken by the unit sub-meter provider to investigate the complaint;
          3. the steps taken by the unit sub-meter provider to resolve the complaint;
          4. any other information that is reasonably necessary to enable a good understanding of the circumstances surrounding the complaint;
          5. if the complaint has not been resolved to the satisfaction of the consumer, the reasons why the complaint remains unresolved;
          6. if the complaint has been resolved to the satisfaction of the consumer, a description of the resolution and, if any further steps are required to implement the resolution, a timeline for when those steps will be completed; and
          7. a copy of all relevant documents and communications between the consumer and the unit sub-meter provider in relation to the complaint.
        6. Within five business days of being requested to do so, a unit sub-meter provider shall provide, through the OEB E-Portal, such additional information beyond the information required by section 3.3.9 regarding the unit sub-meter provider’s handling of a complaint as may reasonably be required by the Board in order to review and assess the matter.
        7. Where section 3.3.9(f) applies and the steps for implementing the resolution were not all completed at the time the unit sub-meter provider provides its response under section 3.3.8, the unit sub-meter provider shall confirm through the OEB E-Portal once the resolution has been completed. Such confirmation shall be provided as soon as possible, but in no event later than five business days after the date on which the resolution is completed.
        8. For the purposes of the Consumer Complaint Response Process, where there is a reference to a number of days between two events, the days shall be counted by excluding the day on which the first event happens and including the day on which the second event happens.
  5. Effective March 1, 2020, section 4.1.3 of the USMC is amended by replacing the number “5” with the number “3”.
  6. Effective March 1, 2020, the following new sections 4.1.3A to 4.1.3C are added to the USMC immediately after section 4.1.3:
          1. Before requiring a security deposit under section 4.1.3 from a residential consumer who has not been served by the unit sub-meter provider in the previous 24 months, a unit sub-meter provider shall offer the consumer the option of enrolling in a pre-authorized payment plan and where the consumer elects to enroll, no security deposit shall be required.
          2. Despite section 4.1.3A, a unit sub-meter provider may require a security deposit from the consumer if within 12 months of enrollment in a pre-authorized payment plan,
            1. the consumer terminates the plan;
            2. the consumer receives more than one disconnection notice from the unit sub-meter provider;
            3. more than one payment by the consumer has been returned for insufficient funds; or
            4. a disconnect / collect trip has occurred.
          3. Section 4.1.3B does not apply if any of the events listed in paragraphs (b) to (d) of that section occurred due to an error by the unit sub-meter provider.
  7. Effective March 14, 2019, section 4.1.14C of the USMC is amended by adding the word “a” between the words “requests” and “refund”.
  8. Effective March 14, 2019, section 4.1.16 of the USMC is replaced with the following:
        1. Within six weeks of the closure of a consumer’s account, a unit sub-meter provider shall return any security deposit received from the consumer, subject to the unit sub-meter provider’s right to use the security deposit to set off other amounts owing by the consumer to the unit sub-meter provider.
  9. Effective March 14, 2019, section 4.2.5A of the USMC is amended by replacing paragraph (h) with the following:
    1. that the disconnection may occur without attendance at the consumer’s premises (provided, however, that this information need not be included if the unit sub-meter provider does not in fact disconnect service without attendance at the consumer’s premises);

    and by adding the following to paragraph (k), immediately after the word “disconnection”: “(provided, however, that this information need not be included if the unit sub-meter provider does not in fact make use of load control devices).”

  10. Effective March 1, 2020, section 4.2.5F of the USMC is amended by replacing the words “11 days” with “14 days”.
  11. Effective March 1, 2020, section 4.2.5.H of the USMC is amended by replacing the words “10 days” with “14 days”.
  12. Effective March 1, 2020, section 4.2.5I of the USMC is amended by replacing the words “11 days” with “14 days”.
  13. Effective March 14, 2019, section 4.2.6 is amended by replacing the period after the word “elapsed” with a colon.
  14. Effective March 1, 2020, section 4.2.6 is amended by replacing the words “10 days” with 14 days”.
  15. Effective March 1, 2020, section 4.2.6A is amended by replacing the words “third business day” with “fifth calendar day”.
  16. Effective March 14, 2019, section 4.2.6A is amended by replacing the words “a ‘dependent’” with “a ‘dependant’” in paragraph (e).
  17. Effective March 1, 2020, the following new sections 4.2.7A and 4.2.7B are added to the USMC immediately after section 4.2.7:
          1. At least seven days before issuing a disconnection notice for non-payment, a unit sub-meter provider shall deliver an account overdue notice to the consumer by the consumer’s preferred method of communication, if known, or otherwise by mail or any other means determined to be appropriate by the distributor.
          2. A unit sub-meter provider shall not disconnect a customer for non-payment on a day the unit sub-meter provider is closed to the public to make payment and/or reconnection arrangements or on the day preceding that day.
  18. Effective March 1, 2020, section 4.5.3 of the USMC is amended by replacing the words “16 days” with “20 days”.
  19. Effective March 14, 2019, section 4.5.6 of the USMC is amended by deleting the word “charges” the second time it appears.
  20. Effective March 14, 2019, section 4.5.7 of the USMC is revoked.
  21. Effective March 14, 2019, section 4.5.8 of the USMC is amended by deleting the words “or 4.5.7”.
  22. Effective March 14, 2019, section 4.5.9 of the USMC is amended by deleting the words “Subject to section 4.5.7,” and “or 4.5.7”, and by capitalizing the word “Where”.
  23. Effective March 1, 2020, the following new section 4.5.9A is added to the USMC immediately after section 4.5.9:
          1. Despite sections 4.5.6 and 4.5.9, where a consumer requests that a payment be allocated in a manner other than that specified in those sections, the unit sub-meter provider may, but is not required to, allocate the payment in the manner requested.
  24. Effective March 14, 2019, section 4.5.10(a) of the USMC is amended by adding the word “and” immediately before the words “Regulatory Charges”, and by deleting the words “and ‘Debt Retirement Charge’” immediately after the words “Regulatory Charges”.
  25. Effective March 14, 2019, section 4.5.11 of the USMC is amended by deleting the words, “For the purpose of this section, a ‘business day’ is any day other than a Saturday or a holiday as defined in section 88 of the Legislation Act, 2006.”
  26. Effective March 1, 2020, section 4.6.1 of the USMC is replaced with the following:
        1. A unit sub-meter provider shall make available to any consumer who is unable to pay their outstanding electricity charges, as defined in section 4.5.10, the opportunity to enter into an arrears payment agreement with the unit sub-meter provider. In respect of residential consumers, the arrears payment agreement shall include, at a minimum, the terms and conditions specified in sections 4.6.3 to 4.6.16 inclusive. In respect of non-residential consumers, an arrears payment agreement need not include those terms and conditions, but shall be offered on reasonable terms.
  27. Effective March 1, 2020, section 4.6.3 of the USMC is amended by adding the words “with a residential consumer” immediately after the word “agreement”.
  28. Effective March 1, 2020, section 4.6.19 of the USMC is amended by replacing the words “a residential electricity consumer” with “a consumer”, by replacing the words “his or her” with “their”, and by adding the following words immediately after the words “pursuant to section 4.6.9”: “(in the case of a residential consumer) or otherwise (in the case of a non-residential consumer)”.
  29. Effective March 14, 2019, sections 5.1 and 5.7 of the USMC are revoked.

(152-G147)

Notice of Amendment to a Rule March 14, 2019

Amendments to the Gas Distribution Access Rule

Note: The text of the amendments is set out in italics below, for ease of identification only.

  1. Effective March 14, 2019, section 1.1.1 of the Gas Distribution Access Rule is amended by deleting the word “and” after the second bullet point and adding the following two bullet points:
    • establish customer service rules for rate-regulated gas distributors; and
    • establish a consumer complaint response process for rate-regulated gas distributors
  2. Effective March 14, 2019, section 1.2.1 of the Gas Distribution Access Rule is amended by adding the following definitions, in alphabetical order:
    “business day”
    means any day other than a Saturday or a holiday;
    “disconnect/collect trip”
    means a visit to a consumer’s premises by an employee or agent of the gas distributor to demand payment of an outstanding amount or to shut off distribution of gas to the consumer for non-payment;
    “holiday”
    means a holiday described in section 88 of the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F as well as the August Civic Holiday;
    “non-residential consumer”
    means a consumer in a premises that is not a residential property;
    “residential consumer”
    means a consumer in a residential property;
    “residential property”
    means a single family residence or a dwelling unit within a multiple family dwelling or a premises that is used for business purposes that also includes a dwelling unit consuming at least half of the gas supplied to the premises;
  3. Effective March 1, 2020, the heading of section 8 of the Gas Distribution Access Rule is amended by replacing the words “Standards and Practices” with the word “Policy”.
  4. Effective March 1, 2020, section 8.1.2 of the Gas Distribution Access Rule is amended by deleting the word “and” after paragraph (g), adding the word “and” after paragraph (h), and adding the following new paragraph (i) at the end of the section:
    1. late payments, including the date from which any Board-approved late payment charges apply.
  5. Effective March 1, 2020, sections 8.2.2, 8.3.2, 8.3.3, 8.3.4, and 8.3.5 of the Gas Distribution Access Rule are revoked.
  6. Effective July 1, 2019, section 8.4.2 of the Gas Distribution Access Rules is revoked.
  7. The Gas Distribution Access Rule is amended by adding the following new section 9, which is effective March 1, 2020, except for sections 9.1, 9.6.21, and 9.6.23, which are effective July 1, 2019:
    1. Customer Service Rules
      1. General
        1. This section 9 applies only to rate-regulated gas distributors, and only in respect of low volume consumers.
      2. Security Deposits
        1. A gas distributor shall ensure that its Customer Service Policy includes the gas distributor’s security deposit policy which shall be consistent with the provisions of this Rule. A gas distributor’s security deposit policy shall include at a minimum the following:
          1. a list of all potential types/forms of security accepted;
          2. a detailed description of how the amount of security is calculated;
          3. limits on the amount of security required;
          4. the planned frequency, process and timing for updating security deposits;
          5. criteria consumers must meet to have the security deposit waived and/or returned; and
          6. methods of enforcement where a security deposit is not paid.
        2. In managing consumers’ non-payment risk, a gas distributor shall not discriminate among consumers with similar risk profiles or risk related factors except where expressly permitted under this Rule.
        3. A gas distributor may require a security deposit from a consumer who is not billed by a competitive gas vendor under gas vendor-consolidated billing unless the consumer has a good payment history of one year in the case of a residential consumer, or three years in the case of a non-residential consumer. The time period that makes up the good payment history must be the most recent period of time and some of the time period must have occurred in the previous 24 months. A gas distributor shall provide a consumer with the specific reasons for requiring a security deposit from the consumer.
        4. Before requiring a security deposit under section 9.2.3 from a residential consumer who has not been served by the gas distributor in the previous 24 months, a gas distributor shall offer the consumer the option of enrolling in an equal monthly payment plan, a pre-authorized payment plan, or both, and where the consumer elects to enroll, no security deposit shall be required.
        5. Despite section 9.2.4, a gas distributor may require a security deposit from the consumer if within 12 months of enrollment in an equal monthly payment plan, a pre-authorized payment plan, or both,
          1. the consumer terminates the plan;
          2. the consumer receives more than one disconnection notice from the gas distributor;
          3. more than one payment by the consumer has been returned for insufficient funds;
          4. a disconnect/collect trip has occurred; or
          5. in the case of an equal monthly payment plan, the plan has been cancelled due to non-payment by the consumer.
        6. Section 9.2.5 does not apply if any of the events listed in paragraphs (b) to (e) of that section occurred due to an error by the gas distributor.
        7. For the purposes of section 9.2.3, a consumer is deemed to have a good payment history unless, during the relevant time period set out in section 9.2.3, the consumer has received more than one disconnection notice from the gas distributor, more than one cheque given to the gas distributor has been returned for insufficient funds, more than one pre-authorized payment to the gas distributor has been returned for insufficient funds, a disconnect/collect trip has occurred or the gas distributor had to apply a security deposit in accordance with section 9.2.30 and required the consumer to repay the security deposit in accordance with section 9.2.31. If any of the preceding events occur due to an error by the gas distributor, the consumer’s good payment history shall not be affected.
        8. Despite section 9.2.3, a gas distributor shall not require a security deposit where:
          1. a consumer provides a letter from another gas distributor or electricity distributor in Canada confirming a good payment history with that distributor for the most recent relevant time period set out in section 9.2.3 where some of the time period which makes up the good payment history has occurred in the previous 24 months;
          2. a consumer provides a satisfactory credit check made at the consumer’s expense; or
          3. an eligible low-income customer has requested a waiver under section 9.2.9.
        9. When issuing a bill for a security deposit in accordance with section 9.2.3, the gas distributor shall advise a residential consumer that the security deposit requirement will be waived for an eligible low-income customer upon request. The gas distributor shall notify the consumer by means of a bill insert, bill message, letter or outgoing telephone message and shall include the gas distributor’s contact information where the consumer can obtain further information and a referral to a LEAP Intake Agency to review the consumer’s low-income eligibility.
        10. Where a gas distributor is advised by a LEAP Intake Agency that the agency is assessing the consumer for eligibility as a low-income customer, the due date for payment of the security deposit shall be extended for at least 21 days pending the eligibility decision of the LEAP Intake Agency.
        11. The maximum amount of a security deposit which a gas distributor may require a consumer to pay shall be calculated by multiplying the gas distributor’s billing cycle factor and the consumer’s estimated bill (which shall be based on the consumer’s average monthly load with the gas distributor during the most recent 12 consecutive months within the past two years). Where relevant usage information is not available for the consumer for 12 consecutive months within the past two years or where the gas distributor does not have systems capable of making the above calculation, the consumer’s average monthly load shall be based on a reasonable estimate made by the gas distributor.
        12. Subject to section 9.2.2, a gas distributor may in its discretion reduce the amount of a security deposit which it requires a consumer to pay for any reason including where the consumer pays under an interim payment arrangement and where the consumer makes pre-authorized payments.
        13. For the purposes of section 9.2.11, the billing cycle factor is 2.5 if the consumer is billed monthly, 1.75 if the consumer is billed bi-monthly and 1.5 if the consumer is billed quarterly.
        14. Where a consumer, other than a residential consumer, has a payment history which discloses more than one disconnection notice in a relevant 12 month period, the gas distributor may use that consumer’s highest actual or estimated monthly load for the most recent 12 consecutive months within the past two years for the purposes of making the calculation of the maximum amount of security deposit under section 9.2.11.
        15. The form of payment of a security deposit for a residential consumer shall be cash or cheque at the discretion of the consumer or such other form as is acceptable to the gas distributor.
        16. The form of payment of a security deposit for a non-residential consumer shall be cash, cheque or an automatically renewing, irrevocable letter of credit from a bank as defined in the Bank Act, S.C. 1991, c. 46 at the discretion of the consumer. The gas distributor may also accept other forms of security such as surety bonds and third party guarantees.
        17. A gas distributor shall permit a non-residential consumer to provide a security deposit in equal installments paid over a period of at least four months. The consumer may elect to pay the security deposit over a shorter time period.
        18. A gas distributor shall permit a residential consumer to provide a security deposit in equal installments paid over a period of at least six months, including where a new security deposit is required due to the gas distributor having applied the existing security deposit against amounts owing under section 9.2.30. The consumer may elect to pay the security deposit over a shorter period of time.
        19. Interest shall accrue monthly on security deposits made by way of cash or cheque commencing on receipt of the total deposit required by the gas distributor. The interest rate shall be at the average over the period of the prime business rate set by the Bank of Canada less two percent. The interest accrued shall be paid out at least once every 12 months or on return of the security deposit to the consumer’s account or upon the closure of the consumer’s account, whichever comes first, and may be paid by crediting the account of the consumer or otherwise.
        20. A gas distributor shall review every consumer’s security deposit at least once in a calendar year to determine whether the entire amount of the security deposit is to be returned to the consumer as the consumer is now in a position that it would be exempt from paying a security deposit under section 9.2.3 or 9.2.8 had it not already paid a security deposit or whether the amount of the security deposit is to be adjusted based on a re-calculation of the maximum amount of the security deposit under section 9.2.11.
        21. For the purposes of section 9.2.20, where a residential consumer has paid a security deposit in installments, a gas distributor shall conduct a review of the consumer’s security deposit in the calendar year in which the anniversary of the first installment occurs and thereafter at the next review as required by this Rule.
        22. A gas distributor shall respond promptly to a consumer who, no earlier than 12 months after the payment of a security deposit or the making of a prior demand for a review, demands in writing that the gas distributor undertake a review to determine whether the entire amount of the security deposit is to be returned to the consumer as the consumer is now in a position that it would be exempt from paying a security deposit under section 9.2.3 or 9.2.8 had it not already paid a security deposit or whether the amount of the security deposit is to be adjusted based on a re-calculation of the maximum amount of the security deposit under section 9.2.11.
        23. For the purposes of section 9.2.22, where a residential consumer has paid a security deposit in installments, the consumer shall not be entitled to request a review of the security deposit until 12 months after the first installment was paid.
        24. A gas distributor shall give notice to all residential consumers, at least annually, that any residential consumer that qualifies as an eligible low-income customer may request and receive a refund of any security deposit previously paid to the gas distributor by the consumer, after application of the security deposit to any outstanding arrears on the consumer’s account.
        25. Where an eligible low-income customer requests a refund of a security deposit previously paid to a gas distributor by the customer, the gas distributor shall advise the customer within 10 days of the request that the balance remaining after application of the security deposit to any outstanding arrears will be credited to his or her account where the remaining amount is less than one month’s average billing or, where the remaining amount is equal to or greater than one month’s average billing, the customer may elect to receive the refund by cheque and the gas distributor shall issue a cheque within 11 days of the customer requesting payment by cheque.
        26. Where the gas distributor determines in conducting a review under section 9.2.20 or 9.2.22 that some or all of the security deposit is to be returned to the consumer, the gas distributor shall promptly return this amount to the consumer by crediting the consumer’s account or otherwise. Despite section 9.2.17, where the gas distributor determines in conducting a review under section 9.2.20 or 9.2.22 that the maximum amount of the security deposit is to be adjusted upwards, the gas distributor may require the consumer to pay this additional amount at the same time as that consumer’s next regular bill comes due.
        27. Despite section 9.2.26, where a residential consumer is required to adjust the security deposit upwards, a gas distributor shall permit the consumer to pay the adjustment amount in equal installments paid over a period of at least six months. A consumer may elect to pay the security deposit over a shorter period of time.
        28. Within six weeks of the closure of a consumer’s account, a gas distributor shall return any security deposit that was received from the consumer, subject to the gas distributor’s right to use the security deposit to set off other amounts owing by the consumer to the gas distributor.
        29. Despite sections 9.2.20, 9.2.22, 9.2.26. 9.2.28, and 9.2.32, where all or part of a security deposit has been paid by a third party on behalf of a consumer, the gas distributor shall return the amount of the security paid by the third party, including interest, where applicable, to the third party. This obligation shall apply where and to the extent that:
          1. the third party paid all or part (as applicable) of the security deposit directly to the gas distributor;
          2. the third party has requested, at the time the security deposit was paid or within a reasonable time thereafter, that the gas distributor return all or part (as applicable) of the security deposit to it rather than to the consumer; and
          3. there is not then any amount overdue for payment by the consumer that the gas distributor is permitted by this Rule to offset using the security deposit.
        30. A gas distributor shall not issue a disconnection notice to a residential consumer for non-payment unless the gas distributor has first applied any security deposit held on account for the consumer against any amounts owing at that time and the security deposit was insufficient to cover the total amount owing.
        31. Where a gas distributor applies all or part of a security deposit to offset amounts owing by a residential consumer under section 9.2.30, the gas distributor may request that the consumer repay the amount of the security deposit that was so applied. The gas distributor shall allow the residential consumer to repay the security deposit in installments in accordance with section 9.2.27.
        32. A gas distributor shall apply a security deposit to the final bill prior to the change in service where a consumer changes from system gas to a competitive gas vendor that uses gas vendor-consolidated billing or a consumer changes billing options from gas distributor-consolidated billing to split billing or gas vendor-consolidated billing. A gas distributor shall promptly return any remaining amount of the security deposit to the consumer. A gas distributor shall not pay any portion of a consumer’s security deposit to a gas vendor. Where a change is made from gas distributor-consolidated billing to split billing, a gas distributor may retain a portion of the security deposit amount that reflects the non-payment risk associated with the new billing option.
      3. Bill Issuance and Payment
        1. A gas distributor shall include on each bill issued to a consumer the date on which the bill is printed.
        2. Except as otherwise permitted by this Rule, a gas distributor shall not treat a bill issued to a consumer as unpaid, and shall not impose any late payment or other charges associated with non-payment, until the applicable minimum payment period set out in section 9.3.3 has elapsed.
        3. For the purposes of section 9.3.2, the minimum payment period shall be 20 days from the date on which the bill was issued to the consumer. A gas distributor may provide for longer minimum payment periods, provided that any such longer minimum payment periods are documented in the gas distributor’s Customer Service Policy.
        4. For the purposes of section 9.3.3, a bill will be deemed to have been issued to a consumer:
          1. if sent by mail, on the third day after the date on which the bill was printed by the gas distributor;
          2. if made available over the internet, on the date on which an e-mail is sent to the consumer notifying the consumer that the bill is available for viewing over the internet;
          3. if sent by e-mail, on the date on which the e-mail is sent; or
          4. if sent by more than one of the methods listed in paragraphs (a) to (c), on whichever date of deemed issuance occurs last.
        5. A gas distributor shall apply the following rules for purposes of determining the date on which payment of a bill has been received from a consumer:
          1. if paid by mail, three days prior to the date on which the gas distributor receives the payment;
          2. if paid at a financial institution or electronically, on the date on which the payment is acknowledged or recorded by the consumer’s financial institution; or
          3. if paid by credit card issued by a financial institution, on the date and at the time that the charge is accepted by the financial institution.
        6. Where a bill issued to a residential consumer includes charges for goods or services other than gas, a gas distributor shall allocate any payment made by the consumer first to the gas charges and then, if funds are remaining, to the charges for other goods or services.
        7. Where payment on account of a bill referred to in section 9.3.6 is sufficient to cover gas charges, security deposits and billing adjustments, the gas distributor shall not impose late payment charges, issue a disconnection notice or disconnect gas supply.
        8. Where payment on account of a bill referred to in section 9.3.6 is not sufficient to cover gas charges, security deposits and billing adjustments, the gas distributor shall allocate the payments in the following order: gas charges, payments towards an arrears payment agreement, outstanding security deposit, under-billing adjustments and non-gas charges.
        9. Despite sections 9.3.6 and 9.3.8, where a residential consumer requests that a payment be allocated in a manner other than that specified in those sections, the gas distributor may, but is not required to, allocate the payment in the manner requested.
        10. For the purposes of this section 9.3, a gas distributor shall apply the following rules relating to the computation of time:
          1. where there is reference to a number of days between two events, the days shall be counted by excluding the day on which the first event happens and including the day on which the second event happens;
          2. where the time for doing an act expires on a day that is not a business day, the act may be done on the next day that is a business day;
          3. where an act, other than payment by a consumer, occurs on a day that is not a business day, it shall be deemed to have occurred on the next business day;
          4. where an act, other than payment by a consumer, occurs after 5:00 p.m., it shall be deemed to have occurred on the next business day; and
          5. receipt of a payment by a consumer is effective on the date that the payment is made, including payments made after 5:00 p.m.
      4. Equal Monthly Payment Plan
        1. A gas distributor shall offer to all low volume consumers receiving system gas an equal monthly payment plan option that meets the following minimum requirements:
          1. a gas distributor may only refuse to provide an equal monthly payment plan option to a residential consumer who is in arrears on payment to the gas distributor for gas charges and who has not entered into an arrears payment agreement with the gas distributor;
          2. a gas distributor may only refuse to provide an equal monthly payment plan option to a non-residential consumer:
            1. who has fewer than 12 months’ billing history;
            2. is in arrears on payment to the gas distributor for gas charges or whose participation in the equal monthly payment plan in the past 12 months was cancelled due to non-payment; or
            3. whose consumption pattern is not sufficiently predictable to be estimated on an annual basis with any reasonable degree of accuracy;
          3. a gas distributor shall communicate the availability of an equal monthly payment plan to eligible consumers at least twice in each 12 month period through the consumer’s preferred method of communication, if known, or otherwise by mail or any other means determined to be appropriate by the gas distributor;
          4. a gas distributor shall offer to a residential consumer requesting an equal monthly payment plan a pre-authorized automatic monthly payment option whereby amounts due each month are automatically withdrawn from the consumer’s account with a financial institution;
          5. a gas distributor may cancel the equal monthly payment plan if the consumer misses more than one monthly payment under the equal monthly payment plan within an equal payment year;
          6. subject to paragraph (g), the equal monthly payment plan shall provide for annual reconciliation of the plan as follows:
            1. while a consumer may join an equal monthly payment plan at any time during the calendar year, the gas distributor is only required to reconcile all of its equal monthly payment plans once during the calendar year and not on the 12th month anniversary since each each individual consumer joined the plan;
            2. in the first year of an equal monthly payment plan and where the consumer has been on the plan for less than 12 months, the consumer may receive a reconciliation earlier than the 12th month anniversary, as a result of sub-paragraph i);
            3. while a gas distributor is only required to reconcile equal monthly payment plans on an annual basis, a gas distributor shall review its equal monthly payment plans quarterly or semi-annually and adjust the equal monthly payment amounts in the event of material changes in a consumer’s gas consumption or a consumer’s gas charges;
            4. despite subparagraph iii), a gas distributor may adjust the equal monthly payment amounts at any time in the event of material changes in a consumer’s gas consumption or a consumer’s gas charges or for any other reason with the consumer’s consent;
            5. where the annual reconciliation demonstrates that funds are owing to the consumer in an amount that is less than the consumer’s average monthly billing amount, the gas distributor shall credit the amount to the consumer’s account;
            6. where the annual reconciliation demonstrates that funds are owing to the consumer in an amount that is equal to or exceeds the consumer’s average monthly billing amount, the gas distributor shall credit the amount to the consumer’s account and advise the consumer that the consumer may contact the gas distributor within 10 days of the date of the bill to request a refund of the overpayment by cheque instead and the gas distributor shall make payment within 11 days of the consumer’s request;
            7. where the annual reconciliation demonstrates that funds are owing by the consumer in an amount that is less than the consumer’s average monthly billing amount, the gas distributor may collect the full amount owed by a corresponding charge on the bill issued to the consumer in the 12th month of the equal monthly payment plan, and
            8. where the annual reconciliation demonstrates that funds are owing by the consumer in an amount that is equal to or exceeds the consumer’s average monthly billing, the gas distributor shall roll over the balance due to the following year’s equal monthly payment plan and recover the balance over the first 11 months of the following year’s equal monthly payment plan; and
          7. where a consumer leaves the equal monthly payment plan for any reason, the gas distributor shall conduct a reconciliation and shall include any funds owing by or to the consumer as a charge or credit on the next regularly scheduled bill issued to the consumer.
        2. For the purposes of section 9.4.1:
          1. A consumer’s average monthly billing amount shall be calculated by taking the aggregate of the total gas charges billed to the consumer in the preceding 12 months, and dividing that value by 12. If the consumer has been receiving service from the gas distributor for less than 12 months, the consumer’s average monthly billing amount shall be based on a reasonable estimate made by the gas distributor.
          2. Despite paragraph (a), the gas distributor may adjust the average monthly billing amount calculated under that paragraph upward or downward if, in the gas distributor’s reasonable opinion (based on, for example, a Board-approved rate change, or an estimate provided by the consumer), the amount calculated is likely to be materially different than the consumer’s actual average monthly billing amount over the next 12 months.
      5. Arrears Payment Agreements
        1. A gas distributor shall make available to any low volume consumer who is unable to pay their outstanding gas charges the opportunity to enter into an arrears payment agreement with the gas distributor. In respect of residential consumers, the arrears payment agreement shall include, at a minimum, the terms and conditions specified in sections 9.5.3 to 9.5.16 inclusive. In respect of non-residential consumers, an arrears payment agreement need not include those terms and conditions, but shall be offered on reasonable terms.
        2. If a gas distributor enters into discussions with a residential consumer and offers an arrears payment agreement but the consumer declines to enter into an arrears payment agreement, the gas distributor may proceed with disconnection and is not required to offer an arrears payment agreement to such a consumer after disconnection.
        3. Before entering into an arrears payment agreement with a residential consumer under this section 9.5, a gas distributor shall apply any security deposit held on account of the consumer against any gas charges owing at the time.
        4. As part of the arrears payment agreement, a gas distributor may require that the consumer pay a down payment of up to 15% of the gas charges arrears accumulated, inclusive of any applicable late payment charges but excluding other service charges, when entering into the arrears management program.
        5. Where an eligible low-income customer enters into an arrears payment agreement for the first time or subsequent to having successfully completed a previous arrears payment agreement as an eligible low-income customer, a gas distributor may require that the customer pay a down payment of up to 10% of the gas charges arrears accumulated, inclusive of late payment charges.
        6. The arrears payment agreement referred to in section 9.5.1 shall allow the residential consumer to pay all remaining gas charges that are then overdue for payment as well as the current bill amount if the consumer elects to do so, after applying a security deposit under section 9.5.3 and the down payment referred to in section 9.5.4, including all gas-related service charges that have accrued to the date of the agreement, over the following periods:
          1. a period of at least five months, where the total amount of the gas charges remaining overdue for payment is less than twice the residential consumer’s average monthly billing amount;
          2. a period of at least 10 months, where the total amount of the gas charges remaining overdue for payment is equal to or exceeds twice the residential consumer’s average monthly billing amount;
          3. in the case of an eligible low-income customer, a period of at least eight months, where the total amount of the gas charges remaining overdue for payment exceeds two times the customer’s average monthly billing amount;
          4. in the case of an eligible low-income customer, a period of at least 12 months where the total amount of the gas charges remaining overdue for payment exceeds two times the customer’s average monthly billing amount and is less than or equal to five times the customer’s average monthly billing amount; or
          5. in the case of an eligible low-income customer, a period of at least 16 months where the total amount of the gas charges remaining overdue for payment exceeds five times the customer’s average monthly billing amount.
        7. For the purposes of section 9.5.6, the consumer’s average monthly billing amount shall be calculated by taking the aggregate of the total gas charges billed to the consumer in the preceding 12 months and dividing that value by 12. If the consumer has been a customer of the gas distributor for less than 12 months, the consumer’s average monthly billing amount shall be based on a reasonable estimate made by the gas distributor.
        8. Where a residential consumer defaults on more than one occasion in making a payment in accordance with an arrears payment agreement, or a payment on account of a current gas charge billing, a security deposit amount or an under-billing adjustment, the gas distributor may cancel the arrears payment agreement.
        9. If the gas distributor cancels an arrears payment agreement pursuant to section 9.5.8, the gas distributor shall give written notice of cancellation to the consumer and to any third party designated by the consumer under section 9.5.10 at least 10 days before the effective date of the cancellation.
        10. Where, at the time of entering into an arrears payment agreement a residential consumer has designated a third party to receive notice of cancellation of the arrears payment agreement, the gas distributor shall provide notice of cancellation to such third party.
        11. A gas distributor shall accept electronic mail (e-mail) or telephone communications from the residential consumer for the purposes of section 9.5.10.
        12. If the residential consumer makes payment of all amounts due pursuant to the arrears payment agreement as of the cancellation date referred to in section 9.5.9 and makes such payment on or before the cancellation date, the gas distributor shall reinstate the arrears payment agreement.
        13. Where an eligible low-income customer defaults on more than two occasions in making a payment in accordance with an arrears payment agreement, or a payment on account of a current gas charge billing or an under-billing adjustment, the gas distributor may cancel the arrears payment agreement.
        14. For the purposes of sections 9.5.8 and 9.5.13, the defaults must occur over a period of at least two months before the gas distributor may cancel the arrears payment agreement.
        15. A gas distributor shall make available to a residential gas consumer a second arrears payment agreement if the consumer so requests, provided that two years or more have passed since a first arrears payment agreement was entered into and provided that the consumer performed his or her obligations under the first arrears payment agreement.
        16. The gas distributor is not required to waive any Board-approved late payment charges that accrue to the date of the arrears payment agreement but no further late payment charges may be imposed on a residential consumer after he or she has entered into an arrears payment agreement with the gas distributor in respect of the amount that is the subject of that agreement.
        17. In the case of an eligible low-income customer, the gas distributor shall allow such a customer to enter into a subsequent arrears payment agreement upon successful completion of the previous arrears payment agreement on the following terms:
          1. if a second or subsequent arrears payment agreement is requested less than 12 months from the date of completion of the previous arrears payment agreement, then the standard arrears payment agreement terms applicable to all residential consumers under sections 9.5.1 to 9.5.9 also apply to the eligible low-income customer; or
          2. if a second or subsequent arrears payment agreement is requested 12 months or more from the date of completion of the previous arrears payment agreement, the eligible low-income customer shall be entitled to the arrears payment agreement terms set out in sections 9.5.5, 9.5.6(c), 9.5.6(d), 9.5.6(e), 9.5.13, and 9.5.14.
        18. The gas distributor shall not disconnect the property of a residential consumer for failing to make a payment subject to an arrears payment agreement unless the consumer is in default, according to sections 9.5.8, 9.5.13 and 9.5.14, and the gas distributor has cancelled the arrears payment agreement in accordance with the provisions of this Rule.
        19. In the event a consumer failed to perform their obligations under a previous arrears payment agreement and the gas distributor terminated the agreement pursuant to section 9.5.8 (in the case of a residential consumer) or otherwise (in the case of a non-residential consumer), the gas distributor may require that the consumer wait one year after termination of the previous agreement before entering into another arrears payment agreement with the gas distributor.
      6. Disconnection and Reconnection
        1. A gas distributor shall establish a process for disconnection and reconnection that specifies timing and means of notification consistent with this Rule. In developing physical and business practices for reconnection, a gas distributor shall consider safety and reliability as primary requirements. A gas distributor shall document its business process for disconnection in respect of residential consumers in its Customer Service Policy.
        2. A gas distributor that intends to disconnect, pursuant to section 59 of the Public Utilities Act, R.S.O. 1990, c. P.52, the property of a residential consumer for non-payment shall send or deliver a disconnection notice to the consumer that contains, at a minimum, the following information:
          1. the date on which the disconnection notice was printed by the gas distributor;
          2. the earliest and latest dates on which disconnection may occur, in accordance with sections 9.6.12 and 9.6.7;
          3. the amount that is then overdue for payment, including all applicable late payment and other charges associated with non-payment to that date;
          4. the amount of any approved service charge(s) that may apply to reconnect service following disconnection, and the circumstances in which each of these charges is payable;
          5. the forms of payment that the consumer may use to pay all amounts that are identified as overdue in the disconnection notice, which must at least include payment by credit card issued by a financial institution as described in section 9.6.16 and any other method of payment that the gas distributor ordinarily accepts and which can be verified within the time period remaining before disconnection;
          6. the time period during which any given form of payment listed under paragraph (e) will be accepted by the gas distributor;
          7. that, in order to avoid disconnection if the gas distributor attends at the consumer’s property to execute the disconnection, a consumer will only be able to pay by credit card issued by a financial institution, unless the gas distributor, in its discretion, will accept other forms of payment at that time and sets out the other forms of payment in the disconnection notice;
          8. that a disconnection may take place whether or not the consumer is at the premises (provided, however, that this information need not be included if the gas distributor does not in fact disconnect service when the consumer is not at the premises);
          9. that a Vital Services By-Law may exist in the consumer’s community and that the consumer should contact their local municipality for more information (provided, however, that this information need not be included if in fact such a by-law does not exist);
          10. that a Board-prescribed standard arrears management program and equal monthly payment plan option may be available to all residential consumers, along with contact information for the gas distributor where the consumer can obtain further information;
          11. that the following additional assistance may be available to an eligible low-income customer, along with contact information for the gas distributor where the customer can obtain further information about the additional assistance:
            1. a Board-prescribed arrears management program, and other expanded customer service provisions, specifically for eligible low-income customers; and
            2. Emergency Financial Assistance; and
          12. any additional option(s) that the gas distributor chooses, in its discretion, to offer to the consumer to avoid disconnection and the deadline for the consumer to avail himself or herself of such option(s).
        3. A gas distributor that sends or delivers to a consumer a disconnection notice for non-payment shall not include that notice in the same envelope as a bill or any other documentation emanating from the gas distributor.
        4. A gas distributor shall, at the request of a residential consumer, send a copy of any disconnection notice issued to the consumer for non-payment to a third party designated by the consumer for that purpose provided that the request is made no later than the last day of the applicable minimum notice period set out in section 9.6.12. In such a case:
          1. the gas distributor shall notify the third party that the third party is not, unless otherwise agreed with the gas distributor, responsible for the payment of any charges for the provision of gas service in relation to the consumer’s property; and
          2. the rules set out in sections 9.3.4 and 9.3.10 shall apply, with such modifications as the context may require, for the purposes of determining the date of receipt of the disconnection notice by the third party.
        5. A residential consumer may, at any time prior to disconnection, designate a third party to also receive any future notice of disconnection and the gas distributor shall send notice of disconnection to such third party.
        6. A gas distributor shall accept electronic mail (e-mail) or telephone communications from the consumer for purposes of section 9.6.5.
        7. A disconnection notice issued for non-payment shall expire on the date that is 14 days from the last day of the applicable minimum notice period referred to in section 9.6.12, determined in accordance with the rules set out in section 9.3.10. A gas distributor may not thereafter disconnect the property of the consumer for non-payment unless the gas distributor issues a new disconnection notice in accordance with section 9.6.2.
        8. A gas distributor shall make reasonable efforts to contact, in person or by telephone, a residential consumer to whom the gas distributor has issued a disconnection notice for non-payment at least 48 hours prior to the scheduled date of disconnection. At that time, the gas distributor shall:
          1. advise the consumer of the scheduled date for disconnection;
          2. if applicable, advise the consumer that a disconnection may take place whether or not the consumer is at the premises;
          3. advise that the consumer has the option to pay amounts owing by credit card issued by a financial institution, in addition to other forms of payment that the gas distributor will accept at that time and which can be verified within the time period remaining before disconnection; and advise during what hours such payments may be made;
          4. advise the consumer that, if the gas distributor attends at the consumer’s property to execute the disconnection, the consumer will only be able to pay by credit card issued by a financial institution, unless the gas distributor, in its discretion, will accept other forms of payment at that time;
          5. advise the consumer that a Board-prescribed standard arrears management program and equal monthly payment plan option may be available to all residential consumers; the gas distributor must be prepared to enter into an arrears payment agreement at that time if the consumer is eligible under section 9.5;
          6. advise that the following additional assistance may be available to an eligible low-income customer, along with contact information for the gas distributor where the customer can obtain further information about the additional assistance:
            1. a Board-prescribed arrears management program, and other expanded customer service provisions, specifically for eligible low-income customers; and
            2. Emergency Financial Assistance; and
          7. advise the consumer of any additional option(s) that the gas distributor, in its discretion, wishes to offer to the consumer to avoid disconnection.
        9. Where a gas distributor issues a disconnection notice for non-payment in respect of the disconnection of a multi-unit, master-metered building, the gas distributor shall post a copy of the disconnection notice in a conspicuous place on or in the building promptly after issuance of the notice.
        10. A gas distributor shall suspend any disconnection action for a period of 21 days from the date of notification by a LEAP Intake Agency that it is assessing a residential consumer for the purposes of determining whether the consumer is eligible to receive such assistance, provided such notification is made within 14 days from the date on which the disconnection notice is received by the consumer. Where a residential consumer had requested prior to the issuance of the disconnection notice that the gas distributor also provide a copy of any disconnection notice to a third party, the gas distributor shall suspend any disconnection action for a period of 21 days from the date of notification by the third party that he, she or it is attempting to arrange assistance with the bill payment, provided such notification is made within 14 days from the date on which the disconnection notice is received by the consumer.
        11. Despite section 9.6.10, upon notification by a LEAP Intake Agency that a consumer is not eligible to receive such assistance, or if another third party who was considering the provision of bill assistance decides not to proceed, the gas distributor may continue its disconnection process. Gas distributors will have up to 14 days to act on the previous disconnection notice and must make a further reasonable effort to contact the consumer in accordance with section 9.6.8 prior to executing disconnection.
        12. A gas distributor shall not disconnect a consumer for non-payment until the following minimum notice periods have elapsed:
          1. 60 days from the date on which the disconnection notice is received by the consumer, in the case of a residential consumer that has provided the gas distributor with documentation from a physician confirming that disconnection poses a risk of significant adverse effects on the physical health of the consumer or on the physical health of the consumer’s spouse, dependent family member or other person that regularly resides with the consumer; or
          2. 14 days from the date on which the disconnection notice is received, in all other cases.
        13. For the purposes of section 9.6.12:
          1. where a disconnection notice is sent by mail, the disconnection notice shall be deemed to have been received by the consumer on the fifth calendar day after the date on which the notice was printed by the gas distributor;
          2. where a disconnection notice is delivered by personal service, the disconnection notice shall be deemed to have been received by the consumer on the date of delivery;
          3. where a disconnection notice is delivered by being posted on the consumer’s property, the disconnection notice shall be deemed to have been received by the consumer on the date of such posting;
          4. “spouse” has the meaning given to it in section 29 of the Family Law Act, R.S.O. 1990, c. F.3;
          5. “dependent family member” means a “dependant” as defined in section 29 of the Family Law Act, R.S.O. 1990, c. F.3, and also includes a grandparent who, based on need, is financially dependent on the consumer; and
          6. the gas distributor shall apply the rules relating to the computation of time set out in section 9.3.10.
        14. At least seven days before issuing a disconnection notice for non-payment, a gas distributor shall deliver an account overdue notice to the consumer by the consumer’s preferred method of communication, if known, or otherwise by mail or any other means determined to be appropriate by the gas distributor.
        15. A gas distributor may disconnect without notice in accordance with a court order or for emergency, safety or system reliability reasons.
        16. Where a gas distributor has issued a disconnection notice to a residential consumer for non-payment, the gas distributor shall ensure it has the facilities or staff available to permit the consumer to pay all amounts that are then overdue for payment by credit card issued by a financial institution. Subject to section 9.6.17, this payment option must be offered during the regular business hours of the gas distributor, from the time the disconnection notice is delivered to a residential consumer until the time the gas distributor’s staff attends at the consumer’s premises to execute the disconnection.
        17. Where a gas distributor attends at a residential consumer’s property to execute a disconnection, whether during or after the gas distributor’s regular business hours, the gas distributor shall ensure it has the facilities or staff available at that time to permit the consumer to pay all amounts that are then overdue for payment by credit card issued by a financial institution. The gas distributor may, in its discretion, also accept other forms of payment at the time of disconnection.
        18. Where a gas distributor was unsuccessful in its attempt to contact a residential consumer 48 hours before the planned disconnection as required under section 9.6.8, and the gas distributor intends to execute the disconnection by attendance at the consumer’s premises, the gas distributor shall make a reasonable attempt to communicate with the consumer, with due regard for the safety and security of the gas distributor’s personnel, if the consumer is at the property, to advise that disconnection will be executed and that payment may be made by credit card issued by a financial institution.
        19. A gas distributor shall not disconnect a consumer for non-payment on a day the gas distributor is closed to the public to make payment and/or reconnection arrangements or on the day preceding that day.
        20. The physical process by which a gas distributor disconnects or reconnects shall reflect good utility practice and consider safety as a primary requirement.
        21. Despite section 59 of the Public Utilities Act, R.S.O. 1990, c. P.52, a gas distributor shall not apply any charges for disconnecting a consumer for non-payment.
        22. A gas distributor may recover from the consumer responsible for the disconnection reasonable costs for repairs of the gas distributor’s physical assets attached to the property in reconnecting the property.
        23. A gas distributor may recover from a consumer requesting a reconnection any Board approved reconnection charges. The reconnection charges shall be applied only after reconnection has occurred. If a residential consumer is unable to pay the reconnection charges, the gas distributor shall offer reasonable payment arrangements. The gas distributor shall waive the reconnection charges for an eligible low-income customer.
      7. Winter Disconnection and Reconnection
        1. Subject to section 9.7.3, a gas distributor shall not, during a Disconnection Ban Period:
          1. disconnect an occupied residential property solely on the grounds of non-payment; or
          2. issue a disconnection notice in respect of an occupied residential property solely on the grounds of non-payment, provided, however, that the gas distributor may issue a disconnection notice that complies with section 9.6 of this Rule in the last month of the Disconnection Ban Period in respect of a disconnection to take place after the end of the Disconnection Ban Period.

          Nothing in this section shall preclude the gas distributor from disconnecting an occupied residential property during a Disconnection Ban Period in accordance with all applicable regulatory requirements, including the required disconnection notice, if at the unsolicited request of the consumer given in writing for that Disconnection Ban Period.

        2. Subject to section 9.7.3, a gas distributor shall ensure that any residential property that had been disconnected solely on the grounds of non-payment is, if an occupied residential property, reconnected by December 1st. Nothing in this section shall require the gas distributor to reconnect an occupied residential property in respect of a Disconnection Ban Period if the consumer gives unsolicited notice to the gas distributor not to do so in writing for that Disconnection Ban Period and has not rescinded that notice.
        3. Nothing in sections 9.7.1 or 9.7.2 shall:
          1. prevent the gas distributor from taking such action in respect of an occupied residential property as may be required to comply with any applicable and generally accepted safety requirements or standards; or
          2. require the gas distributor to act in a manner contrary to any applicable and generally accepted safety requirements or standards.
        4. For the purposes of sections 9.7.1 to 9.7.3:
          “Disconnection Ban Period”
          means the period commencing at 12:00 a.m. on November 15th in one year and ending at 11:59 p.m. on April 30th in the following year;
          “occupied residential property”
          means an account with a gas distributor that is:
          1. inhabited by a residential consumer; or
          2. in an uninhabited condition as a result of the property having been disconnected by the gas distributor outside of a Disconnection Ban Period.
        5. Sections 9.7.1 to 9.7.4 apply despite any other provision of this Rule to the contrary.
  1. Effective July 1, 2019, the Gas Distribution Access Rule is amended by adding the following new section 10:
    1. Consumer Complaint Response Process
      1. General
        1. This section 10 applies only to rate-regulated gas distributors.
      2. Definitions
        1. In this section 10:
          “complaint”
          means an allegation by a consumer of a breach of an enforceable provision by a gas distributor;

          “Consumer Complaint Response Process” means the requirements set out in this section 10;

          “enforceable provision” has the meaning given to it in section 3 of the Act; and

          “OEB E–Portal”
          means the Board’s electronic communication tool used to communicate with a gas distributor for the purposes of the Consumer Complaint Response Process.
      3. Complaint Response
        1. After a consumer directly contacts the gas distributor and makes a complaint, if the complaint is not addressed within 10 business days, the gas distributor shall inform the consumer that the consumer can contact the Board at any time, and shall at the same time provide the consumer with either the Board’s designated toll-free telephone number or local telephone number (as requested by the consumer), and the website address designated by the Board for that purpose.
        2. A gas distributor shall, within five business days of the coming into force of this section, provide the Board with an e-mail address for the purposes of the Consumer Complaint Response Process. The gas distributor shall ensure that the e-mail address is monitored at all times during the gas distributor’s regular business hours.
        3. A gas distributor shall, within five business days of the coming into force of this section, provide the Board with the name, title, direct telephone number, direct e-mail address, and mailing address of:
          1. the person designated by the gas distributor as the gas distributor’s contact person for purposes of the Consumer Complaint Response Process; and
          2. the person that the person in paragraph (a) reports to.
        4. If any of the information required under sections 10.3.2 or 10.3.3 changes, the gas distributor shall provide the Board with updated information as soon as possible upon becoming aware of the change and in any event no later than five business days of the change taking effect.
        5. Where a non-complaint issue from a consumer is forwarded to a gas distributor through the OEB E-Portal, the gas distributor shall respond directly to the consumer, in a timely manner. In such a case, the gas distributor is not required to follow the process set out in sections 10.3.6 to 10.3.9.
        6. Where a complaint is forwarded to a gas distributor through the OEB E-Portal, the gas distributor shall provide, through the OEB E-Portal, a response to the complaint that meets the requirements of section 10.3.7 within:
          1. two business days of the date of receipt of the complaint, where the complaint relates to any other matter that the Board has, when forwarding the complaint, designated as having an unduly adverse impact on the consumer or consumers more generally (where applicable); or
          2. 10 business days of receipt of the complaint in all other cases
        7. The gas distributor’s response referred to in section 10.3.6 must include the following:
          1. all pertinent information regarding the complaint, including any relevant background information;
          2. the steps taken by the gas distributor to investigate the complaint;
          3. the steps taken by the gas distributor to resolve the complaint;
          4. any other information that is reasonably necessary to enable a good understanding of the circumstances surrounding the complaint;
          5. if the complaint has not been resolved to the satisfaction of the consumer, the reasons why the complaint remains unresolved;
          6. if the complaint has been resolved to the satisfaction of the consumer, a description of the resolution and, if any further steps are required to implement the resolution, a timeline for when those steps will be completed; and
          7. a copy of all relevant documents and communications between the consumer and the gas distributor in relation to the complaint.
        8. Within five business days of being requested to do so, a gas distributor shall provide, through the OEB E-Portal, such additional information beyond the information required by section 10.3.7 regarding the gas distributor’s handling of a complaint as may reasonably be required by the Board in order to review and assess the matter.
        9. Where section 10.3.7(f) applies and the steps for implementing the resolution were not all completed at the time the gas distributor provides its response under section 10.3.6, the gas distributor shall confirm through the OEB E-Portal once the resolution has been completed. Such confirmation shall be provided as soon as possible, but in no event later than five business days after the date on which the resolution is completed.
        10. For the purposes of the Consumer Complaint Response Process, where there is a reference to a number of days between two events, the days shall be counted by excluding the day on which the first event happens and including the day on which the second event happens.

(152-G148)

Notice of Amendment to a Code March 14, 2019

Amendments to the Standard Supply Service Code (SSSC)

Note: The text of the amendments is set out in italics below, for ease of identification only.

  1. Effective March 14, 2019, section 1.2.1 of the SSSC is amended by replacing the definition of “business day” with the following:
    “business day”
    means any day other than a Saturday or a holiday;

    and by adding the following definition immediately after the definition of “first term commencement date”

    “holiday”
    means a holiday described in section 88 of the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F as well as the August Civic Holiday;
  2. Effective March 1, 2020, section 2.6.2 of the SSSC is replaced with the following:
        1. A distributor shall offer to all non-seasonal residential customers and general service < 50kW customers receiving standard supply an equal monthly payment plan option.

          The above equal monthly payment plan option shall meet the following minimum requirements:

          1. a distributor may only refuse to provide an equal monthly payment plan option to a non-seasonal residential customer that is in arrears on payment to the distributor for electricity charges, as defined in the Distribution System Code, and that has not entered into an arrears payment agreement with the distributor;
          2. a distributor may only refuse to provide an equal monthly payment plan option to a general service < 50kW customer that:
            1. has fewer than 12 months’ billing history;
            2. is in arrears on payment to the distributor for electricity charges, as defined in the Distribution System Code, or whose participation in the equal monthly payment plan in the past 12 months was cancelled due to non-payment; or
            3. has a consumption pattern that is not sufficiently predictable to be estimated on an annual basis with any reasonable degree of accuracy;
          3. a distributor shall communicate the availability of an equal monthly payment plan to eligible customers at least twice in each 12 month period through the customer’s preferred method of communication, if known, or otherwise by mail or any other means determined to be appropriate by the distributor;
          4. a distributor shall offer to a residential customer requesting an equal monthly payment plan a pre-authorized automatic monthly payment option whereby amounts due each month are automatically withdrawn from the customer’s account with a financial institution;
          5. a distributor may cancel the equal monthly payment plan if the customer misses more than one monthly payment under the equal monthly payment plan within an equal payment year;
          6. subject to paragraph 2.6.2(g), the equal monthly payment plan shall provide for annual reconciliation of the plan as follows:
            1. while a customer may join an equal monthly payment plan at any time during the calendar year, the distributor is only required to reconcile all of its equal monthly payment plans once during the calendar year and not on the 12th month anniversary since each individual customer joined the plan;
            2. in the first year of an equal monthly payment plan and where the customer has been on the plan for less than 12 months, the customer may receive a reconciliation earlier than the 12th month anniversary, as a result of subparagraph i);
            3. while a distributor is only required to reconcile equal monthly payment plans on an annual basis, a distributor shall review its equal monthly payment plans quarterly or semi-annually and adjust the equal monthly payment amounts in the event of material changes in a customer’s electricity consumption or a customer’s electricity charges as defined in section 2.6.2A(a);
            4. despite subparagraph iii), a distributor may adjust the equal monthly payment amounts at any time in the event of material changes in a customer’s electricity consumption or a customer’s electricity charges as defined in section 2.6.2A(a) or for any other reason with the customer’s consent;
            5. where the annual reconciliation demonstrates that funds are owing to the customer in an amount that is less than the customer’s average monthly billing amount, the distributor shall credit the amount to the customer’s account;
            6. where the annual reconciliation demonstrates that funds are owing to the customer in an amount that is equal to or exceeds the customer’s average monthly billing amount, the distributor shall credit the amount to the customer’s account and advise the customer that the customer may contact the distributor within 10 days of the date of the bill to request a refund of the overpayment by cheque instead and the distributor shall make payment within 11 days of the customer’s request;
            7. where the annual reconciliation demonstrates that funds are owing by the customer in an amount that is less than the customer’s average monthly billing amount, the distributor may collect the full amount owed by a corresponding charge on the bill issued to the customer in the 12th month of the equal monthly payment plan; and
            8. where the annual reconciliation demonstrates that funds are owing by the customer in an amount that is equal to or exceeds the customer’s average monthly billing, the distributor shall roll over the balance due to the following year’s equal monthly payment plan and recover the balance over the first 11 months of the following year’s equal monthly billing plan; and
          7. where a customer leaves the equal monthly payment plan for any reason, the distributor shall conduct a reconciliation and shall include any funds owing by or to the customer as a charge or credit on the next regularly scheduled bill issued to the customer.
  3. Effective March 1, 2020, section 2.6.2A of the SSSC is replaced with the following:
          1. For the purposes of section 2.6.2:
            1. A customer’s average monthly billing amount shall be calculated by taking the aggregate of the total electricity charges billed to the customer in the preceding 12 months, and dividing that value by 12. If the customer has been receiving service from the distributor for less than 12 months, the customer’s average monthly billing amount shall be based on a reasonable estimate made by the distributor. For the purposes of this section, “electricity charges” has the same meaning as in section 2.6.6.3 of the Distribution System Code.
            2. Despite paragraph (a), the distributor may adjust the average monthly billing amount calculated under that paragraph upward or downward if, in the distributor’s reasonable opinion (based on, for example, a Board-approved rate change, or an estimate provided by the consumer), the amount calculated is likely to be materially different than the consumer’s actual average monthly billing amount over the next 12 months.
            3. The equalized monthly payment amount shall include all “electricity charges” as defined in section 2.6.6.3 of the Distribution System Code.
  4. Effective March 1, 2020, sections 2.6.2B and 2.6.2C of the SSSC are revoked.

(152-G149)

Notice of Amendment to a Code March 14, 2019

Amendments to the Distribution System Code (DSC)

Note: The text of the amendments is set out in italics below, for ease of identification only.

  1. Effective March 14, 2019, section 1.2 of the DSC is amended by deleting the definition of “business day” and replacing it with the following:
    “business day”
    means any day other than a Saturday or a holiday;
  2. Effective March 14, 2019, section 1.2 of the DSC is amended by adding the following definition after the definition of “expansion”:
    “Family Law Act”
    means the Family Law Act, R.S.O. 1990, c. F.3;
  3. Effective March 14, 2019, section 1.2 of the DSC is amended by deleting the definition of “holiday” and replacing it with the following:
    “holiday”
    means a holiday described in section 88 of the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F as well as the August Civic Holiday;
  4. Effective March 14, 2019, section 2.4.3 of the DSC is revoked.
  5. Effective March 1, 2020, section 2.4.6 of the DSC is amended by adding the following bullet point at the end of the bullet point list:
    • The distributor’s late payment policy, including the date from which any Board-approved late payment charges apply.
  6. Effective March 1, 2020, section 2.4.9 of the DSC is amended by replacing the words “5 years” with “3 years”.
  7. Effective March 1, 2020, the following new sections 2.4.9A to 2.4.9C are added to the DSC immediately after section 2.4.9:
          1. Before requiring a security deposit under section 2.4.9 from a residential customer who has not been served by the distributor in the previous 24 months, a distributor shall offer the customer the option of enrolling in an equal monthly payment plan in accordance with the Standard Supply System Code, a pre-authorized payment plan, or both, and where the customer elects to enroll, no security deposit shall be required.
          2. Despite section 2.4.9A, a distributor may require a security deposit from the customer if within 12 months of enrollment in an equal monthly payment plan, a pre-authorized payment plan, or both,
            1. the customer terminates the plan;
            2. the customer receives more than one disconnection notice from the distributor;
            3. more than one payment by the customer has been returned for insufficient funds;
            4. a disconnect / collect trip has occurred; or
            5. in the case of an equal monthly payment plan, the plan has been cancelled due to non-payment by the distributor in accordance with the Standard Supply Service Code.
          3. Section 2.4.9B does not apply if any of the events listed in paragraphs (b) to (e) of that section occurred due to an error by the distributor.
  8. Effective March 1, 2020, section 2.4.12 of the DSC is amended by replacing the first sentence with the following: The maximum amount of a security deposit which a distributor may require a customer to pay shall be calculated by multiplying the distributor’s billing cycle factor and the customer’s estimated bill (which shall be based on the customer’s average monthly load with the distributor during the most recent 12 consecutive months within the past two years).
  9. Effective March 14, 2019, section 2.4.19 of the DSC is amended by replacing the words “the Bank Act, 1991, c.46” with: the Bank Act, S.C. 1991, c. 46.
  10. Effective March 1, 2020, section 2.4.23 of the DSC is amended by replacing the opening words, before “to determine…”, with: A distributor shall respond promptly to a customer who, no earlier than 12 months after the payment of a security deposit or the making of a prior demand for a review, demands in writing that the distributor undertake a review.
  11. Effective March 14, 2019, section 2.4.23C of the DSC is amended by adding the word “a” between the words “requests” and “refund”.
  12. Effective March 14, 2019, section 2.4.24 of the DSC is revoked.
  13. Effective March 14, 2019, section 2.4.26 of the DSC is deleted and replaced with the following: Within six weeks of the closure of a customer’s account, a distributor shall return any security deposit received from the customer, subject to the distributor’s right to use the security deposit to set off other amounts owing by the customer to the distributor.
  14. Effective March 1, 2020, section 2.6.3 of the DSC is amended by replacing the words “16 days” with “20 days”.
  15. Effective March 14, 2019, section 2.6.6 of the DSC is amended by deleting the word “charges” the second time it appears.
  16. Effective March 14, 2019, section 2.6.6.1 of the DSC is revoked.
  17. Effective March 14, 2019, section 2.6.6.2A of the DSC is amended by deleting the words “or 2.6.6.1”.
  18. Effective March 14, 2019, section 2.6.6.2B of the DSC is amended by replacing the opening words, before “to cover electricity charges…” with “Where payment on account of a bill referred to in section 2.6.6 is not sufficient”.
  19. Effective March 1, 2020, the following new section 2.6.6.2C is added immediately after section 2.6.6.2B of the DSC:
            1. Despite sections 2.6.6 and 2.6.6.2B, where a customer requests that a payment be allocated in a manner other than that specified in those sections, the distributor may, but is not required to, allocate the payment in the manner requested.
  20. Effective March 14, 2019, section 2.6.6.3(a) of the DSC is amended by adding the word “and” immediately before the words “Regulatory Charges”, and by deleting the words “and ‘Debt Retirement Charge’” immediately after the words “Regulatory Charges”.
  21. Effective March 14, 2019, section 2.6.7 of the DSC is amended by deleting the words, “For the purposes of this section, a ‘business day’ is any day other than a Saturday or a holiday as defined in section 88 of the Legislation Act, 2006.”
  22. Effective March 1, 2020, section 2.7.1 of the DSC is deleted and replaced with the following:
        1. A distributor shall make available to any residential or general service < 50 kW customer who is unable to pay their outstanding electricity charges, as defined in section 2.6.6.3, the opportunity to enter into an arrears payment agreement with the distributor. In respect of residential customers, the arrears payment agreement shall include, at a minimum, the terms and conditions specified in sections 2.7.1.1 to 2.7.5 inclusive and 2.7.6A. In respect of general service < 50 kW customers, an arrears payment agreement need not include those terms and conditions, but shall be offered on reasonable terms.
  23. Effective March 1, 2020, section 2.7.1.1 of the DSC is amended by adding the words “with a residential customer” after the word “agreement”.
  24. Effective July 1, 2019, section 2.7.6 of the DSC is revoked.
  25. Effective March 1, 2020, section 2.7.6A of the DSC is amended by replacing the words “an eligible low-income customer” with “a residential customer”.
  26. Effective March 1, 2020, section 2.7.8 of the DSC is replaced with the following:
        1. In the event a customer failed to perform their obligations under a previous arrears payment agreement and the distributor terminated the agreement pursuant to section 2.7.4 (in the case of a residential customer) or otherwise (in the case of general service < 50 kW customer), the distributor may require that the customer wait 1 year after termination of the previous agreement before entering into another arrears payment agreement with the distributor.
  27. Effective March 14, 2019, section 2.8.2 of the DSC is amended by replacing the words “section 2.8.11.1” with “2.8.1.1”.
  28. Effective March 1, 2020, section 4.2.1 of the DSC is amended by adding the words “and this Code” after “the Electricity Act”.
  29. Effective July 1, 2019, section 4.2.2 of the DSC is amended by replacing the words “if disconnection occurs” in paragraph (d) with “to reconnect service following disconnection”.
  30. Effective March 1, 2020, section 4.2.2 of the DSC is amended by replacing the words “section 4.2.4” with “section 4.2.5”.
  31. Effective March 14, 2019, section 4.2.2 of the DSC is amended by deleting the words “where applicable” from paragraph (i) and adding the following after the word “premises”: “(provided, however, that this information need not be included if the distributor does not in fact disconnect service without attendance at the customer’s premises).”
  32. Effective March 14, 2019, section 4.2.2 of the DSC is amended by adding the following to paragraph (j), after the word “information”: “(provided, however, that this information need not be included if in fact such a by-law does not exist).”
  33. Effective March 14, 2019, section 4.2.2 of the DSC is amended by adding the following to paragraph (k2), after the word “disconnection”: “(provided, however, that this information need not be included if the distributor does not in fact make use of load control devices).”
  34. Effective March 1, 2020, section 4.2.2.3 of the DSC is amended by replacing the words “11 days” with “14 days”.
  35. Effective March 1, 2020, section 4.2.2.6 of the DSC is amended by replacing the words “10 days”, wherever they appear, with “14 days”.
  36. Effective March 1, 2020, section 4.2.2.7 of the DSC is amended by replacing the words “11 days” with “14 days”.
  37. Effective March 1, 2020, section 4.2.3 of the DSC is amended by replacing the words “10 days” with “14 days”.
  38. Effective March 1, 2020, section 4.2.3.1 of the DSC is amended by replacing the words “third business day” with “fifth calendar day”.
  39. Effective March 14, 2019, section 4.2.3.1 of the DSC is amended by replacing the words “a ‘dependent’” with “a ‘dependant’” in paragraph (e).
  40. Effective March 1, 2020, the following new section 4.2.4A is added to the DSC after section 4.2.4:
          1. At least seven days before issuing a disconnection notice for non-payment, a distributor shall deliver an account overdue notice to the customer by the customer’s preferred method of communication, if known, or otherwise by mail or any other means determined to be appropriate by the distributor.
  41. Effective March 1, 2020, section 4.2.5 of the DSC is amended by adding the following paragraph (d) after paragraph (c):
    1. A distributor shall not disconnect a customer for non-payment on a day the distributor is closed to the public to make payment and/or reconnection arrangements or on the day preceding that day.
  42. Effective July 1, 2019, the following new section 4.2.5.1A is added to the DSC after section 4.2.5.1:
            1. A distributor shall not apply any charges for disconnecting a customer for non-payment.
  43. Effective July 1, 2019, section 4.2.5.2 of the DSC is amended by deleting the first sentence.
  44. Effective July 1, 2019, section 4.2.5.3 of the DSC is amended by adding the following after the first sentence:

    The reconnection charges shall be applied only after reconnection has occurred. If a residential customer is unable to pay the reconnection charges, the distributor shall offer reasonable payment arrangements. The distributor shall waive the reconnection charges for an eligible low-income customer.

  45. Effective March 1, 2020, the following new section 4.8 is added after section 4.7 of the DSC:
      1. Winter Disconnection, Reconnection and Load Control Devices
        1. Subject to section 4.8.4, a distributor shall not, during a Disconnection Ban Period:
          1. disconnect an occupied residential property solely on the grounds of non-payment;
          2. issue a disconnection notice in respect of an occupied residential property solely on the grounds of non-payment, provided, however, that the distributor may issue a disconnection notice that complies with section 4.2 of this Code in the last month of the Disconnection Ban Period in respect of a disconnection to take place after the end of the Disconnection Ban Period; or
          3. install a load control device in respect of an occupied residential property solely on the grounds of non-payment.

          Nothing in this section shall preclude the distributor from (i) disconnecting an occupied residential property during a Disconnection Ban Period in accordance with all applicable regulatory requirements, including the required disconnection notice, or (ii) installing a load control device in respect of an occupied residential property during a Disconnection Ban Period, in each case if at the unsolicited request of the customer given in writing for that Disconnection Ban Period.

        2. Subject to section 4.8.4, a distributor shall ensure that any residential property that had been disconnected solely on the grounds of non-payment is, if an occupied residential property, reconnected by December 1st. The distributor shall waive any reconnection charge that might otherwise apply in respect of that reconnection. Nothing in this section shall require the distributor to reconnect an occupied residential property in respect of a Disconnection Ban Period if the customer gives unsolicited notice to the Licensee not to do so in writing for that Disconnection Ban Period and has not rescinded that notice.
        3. Subject to section 4.8.4, a distributor shall ensure that any load control device installed in respect of an occupied residential property either for non-payment or at the customer’s request is removed and full service is restored to the property by December 1st. Nothing in this section shall (i) require the distributor to remove a load control device in respect of a Disconnection Ban Period if the customer gives unsolicited notice to the distributor not to do so in writing for that Disconnection Ban Period and has not rescinded that notice; or (ii) prevent the distributor from installing or maintaining a load control device if the customer makes an unsolicited request in writing for the Licensee to do so for that Disconnection Ban Period and has not rescinded that request.
        4. Nothing in sections 4.8.1 to 4.8.3 shall:
          1. prevent the distributor from taking such action in respect of an occupied residential property as may be required to comply with any applicable and generally accepted safety requirements or standards; or
          2. require the distributor to act in a manner contrary to any applicable and generally accepted safety requirements or standards.
        5. For the purposes of sections 4.8.1 to 4.8.4:
          “Disconnection Ban Period”
          means the period commencing at 12:00 a.m. on November 15th in one year and ending at 11:59 p.m. on April 30th in the following year;
          “occupied residential property”
          means an account with a distributor:
          1. that falls within a residential rate classification as specified in the distributor’s rate order; and
          2. that is:
            1. inhabited; or
            2. in an uninhabited condition as a result of the property having been disconnected by the distributor or of a load control device having been installed in respect of the property outside of a Disconnection Ban Period.
        6. Sections 4.8.1 to 4.8.5 apply despite any other provision of the Distribution System Code to the contrary.
  46. Effective March 14, 2019, sections 9.6 and 9.7 of the DSC are revoked.
  47. Effective July 1, 2019, the following new section 10 is added after section 9 of the DSC:
    1. Consumer Complaint Response Process
      1. Definitions
        1. In this section 10:
          “complaint”
          means an allegation by a consumer of a breach of an enforceable provision by a distributor;

          “Consumer Complaint Response Process” means the requirements set out in this section 10;

          “enforceable provision” has the meaning given to it in section 3 of the Ontario Energy Board Act; and

          “OEB E-Portal”
          means the Board’s electronic communication tool used to communicate with a distributor for the purposes of the Consumer Complaint Response Process.
      2. Complaint Response
        1. After a consumer directly contacts a distributor and makes a complaint, if the complaint is not addressed within 10 business days, the distributor shall inform the consumer that the consumer can contact the Board at any time, and shall at the same time provide the consumer with the Board’s designated toll-free telephone number or local telephone number (as requested by the consumer), and the website address designated by the Board for that purpose.
        2. A distributor shall, within five business days of the coming into force of this section, provide the Board with an e-mail address for the purposes of the Consumer Complaint Response Process. The distributor shall ensure that the e-mail address is monitored at all times during the distributor’s regular business hours.
        3. A distributor shall, within five business days of the coming into force of this section, provide the Board with the name, title, direct telephone number, direct e-mail address, and mailing address of:
          1. the person designated by the distributor as the distributor’s contact person for purposes of the Consumer Complaint Response Process; and
          2. the person that the person in paragraph (a) reports to.
        4. If any of the information required under sections 10.2.2 or 10.2.3 changes, the distributor shall provide the Board with updated information as soon as possible upon becoming aware of the change and in any event no later than five business days of the change taking effect.
        5. Where a non-complaint issue from a consumer is forwarded to a distributor through the OEB E-Portal, the distributor shall respond directly to the customer, in a timely manner. In such a case the distributor is not required to follow the process set out in sections 10.2.6 to 10.2.9.
        6. Where a complaint is forwarded to a distributor through the OEB E-Portal, the distributor shall provide, through the OEB E-Portal, a response to the complaint that meets the requirements of section 10.2.7 within:
          1. two business days of the date of receipt of the complaint, where the complaint relates to the disconnection of a consumer’s property or is otherwise identified as urgent by the Board when forwarding the complaint to the distributor; or
          2. 10 business days of receipt of the complaint in all other cases.
        7. The distributor’s response referred to in section 10.2.6 must include the following:
          1. all pertinent information regarding the complaint, including any relevant background information;
          2. the steps taken by the distributor to investigate the complaint;
          3. the steps taken by the distributor to resolve the complaint;
          4. any other information that is reasonably necessary to enable a good understanding of the circumstances surrounding the complaint;
          5. if the complaint has not been resolved to the satisfaction of the consumer, the reasons why the complaint remains unresolved;
          6. if the complaint has been resolved to the satisfaction of the consumer, a description of the resolution and, if any further steps are required to implement the resolution, a timeline for when those steps will be completed; and
          7. a copy of all relevant documents and communications between the consumer and the distributor in relation to the complaint.
        8. Within five business days of being requested to do so, a distributor shall provide, through the OEB E-Portal, such additional information beyond the information required by section 10.2.7 regarding the distributor’s handling of a complaint as may be required by the Board in order to review and assess the matter.
        9. Where section 10.2.7(f) applies and the steps for implementing the resolution were not all completed at the time the distributor provides its response under section 10.7, the distributor shall confirm through the OEB E-Portal once the full resolution is completed. Such confirmation shall be provided as soon as possible, but in no event later than five business days after the date on which the resolution is completed.
        10. For the purposes of the Consumer Complaint Response Process, where there is a reference to a number of days between two events, the days shall be counted by excluding the day on which the first event happens and including the day on which the second event happens.

(152-G150)