O. Reg. 275/04: INFORMATION ON INVOICES TO CERTAIN CLASSES OF CONSUMERS OF ELECTRICITY

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Ontario Energy Board Act, 1998

ONTARIO REGULATION 275/04

Information on Invoices to CERTAIN CLASSES OF Consumers of Electricity

Consolidation Period: From November 6, 2020 to the e-Laws currency date.

Last amendment: 621/20.

Legislative History: 432/04, 555/05, 67/10, 498/10, 199/11, 405/12, 161/15, 368/16, 191/17, 153/18, 314/19, 621/20.

This is the English version of a bilingual regulation.

Definition

0.1 In this Regulation,

“invoice” means an invoice issued in respect of electricity to, except in section 8.3, a low-volume consumer. O. Reg. 153/18, s. 1.

0.1.1 Revoked: O. Reg. 153/18, s. 2.

Headings on invoice

1. (1) Revoked: O. Reg. 153/18, s. 3 (1).

(2) An invoice issued to a low-volume consumer must include the following headings, in the following order:

1.  Electricity.

2.  Delivery.

3.  Regulatory charges. O. Reg. 153/18, s. 3 (2).

(3) A distributor that bills on behalf of a retailer using distributor-consolidated billing in accordance with the Retail Settlement Code may include other information on the invoice provided to the distributor by the retailer in accordance with the Code, if the distributor includes the heading “Electricity” on the invoice as required by paragraph 1 of subsection (2).  O. Reg. 275/04, s. 1 (3); O. Reg. 153/18, s. 3 (3).

Electricity

2. Under the heading “Electricity”, the invoice must indicate clearly and separately the amount of electricity consumed, the commodity price for the electricity and any other information related to the consumption of electricity that may be required as the result of other regulations made under the Act, an order of the Board or a licence condition imposed by the Board.  O. Reg. 275/04, s. 2; O. Reg. 153/18, s. 4.

Delivery

3. (1) Under the heading “Delivery”, the invoice must clearly indicate the total cost of the delivery charges.  O. Reg. 275/04, s. 3 (1); O. Reg. 153/18, s. 5.

(2) Delivery charges are to be calculated as the sum of,

(a)  all variable and fixed distribution charges;

(b)  all charges based on the retail transmission network service rate;

(c)  all charges based on the retail transmission connection service rate; and

(d)  all charges related to losses incurred in the distribution of electricity, except for such amounts that are already included in regulatory charges under subsection 4 (2). O. Reg. 275/04, s. 3 (2); O. Reg. 405/12, s. 1.

Regulatory charges

4. (1) Under the heading “Regulatory charges”, the invoice must clearly indicate the total cost of the regulatory charges.  O. Reg. 275/04, s. 4 (1); O. Reg. 153/18, s. 6 (1).

(2) The regulatory charges are to be calculated as the sum of the standard supply service administration charge and, where applicable, the wholesale market service charge, including rural or remote rate protection compensation required under subsection 79 (4) of the Act. O. Reg. 153/18, s. 6 (2).

5. Revoked: O. Reg. 153/18, s. 7.

Historical information

6. The invoice must include information on the historical consumption of electricity by the consumer in a manner that enables the consumer to readily compare electricity consumption from the current billing period to electricity consumption from earlier billing periods.  O. Reg. 275/04, s. 6.

Metered consumption

7. The invoice must clearly indicate the consumer’s consumption of electricity as indicated on the consumer’s meter. O. Reg. 405/12, s. 2.

7.1 Revoked: O. Reg. 153/18, s. 7.

Conservation message

8. (1) When the Minister provides a conservation message, the conservation message must be included on or with the invoice.  O. Reg. 275/04, s. 8 (1).

(2) If the Minister has not provided a conservation message, the person issuing the invoice may include the person’s own conservation message on or with the invoice.  O. Reg. 275/04, s. 8 (2); O. Reg. 153/18, s. 8.

Renewable or alternative energy source message

8.1 When the Minister provides an informational message concerning alternative energy sources or renewable sources, the message must be included on or with the invoice.  O. Reg. 555/05, s. 1.

8.2 Revoked: O. Reg. 191/17, s. 3.

Ontario Electricity Support Program message

8.3 (1) When the Minister provides an informational message concerning the Ontario Electricity Support Program referred to in subsection 79.2 (2) of the Act, the message must be included on or with the invoice as required by the Minister. O. Reg. 161/15, s. 6; O. Reg. 153/18, s. 9 (1).

(2) For the purposes of section 79.17 of the Act, all classes of consumer are prescribed under this section, subject to clause (3) (a). O. Reg. 161/15, s. 6.

(3) Without limiting the generality of subsection (1), the Minister may require that the informational message,

(a)  be provided to such classes of consumers as the Minister may require;

(b)  clearly show on a separate line in the invoice, in such location as the Minister may require, if any, the name of the Ontario Electricity Support Program or a reference to the program by another name or acronym and the amount of the rate assistance provided to the consumer for the period covered by the invoice;

(c)  include such information respecting the consumer’s eligibility period as a rate-assisted consumer as the Minister may specify, including a notice reminding the consumer to make any necessary renewals prior to expiry;

(d)  include such information as the Minister may specify respecting how to apply for rate assistance under the Ontario Electricity Support Program, whether or not the consumer is currently a rate-assisted consumer;

(e)  include different information for consumers in different circumstances;

(f)  be in the form required by the Minister; and

(g)  appear in a particular location on the invoice. O. Reg. 161/15, s. 6.

(4) Revoked: O. Reg. 153/18, s. 9 (2).

Total Ontario Support message

8.4 (1) For the purposes of section 79.17 of the Act, all low-volume consumers are prescribed under this section, subject to subsection (2). O. Reg. 314/19, s. 1; O. Reg. 621/20, s. 1 (1).

(2) This section does not apply with respect to a consumer if,

(a)  the electricity distributed to the consumer,

(i)  is conveyed to a distribution system under a net metering agreement between the consumer, the distributor and any other person, or

(ii)  is conveyed in respect of an electricity price pilot project specified by the Board, as set out in subsection 6 (3) of Ontario Regulation 95/05 (Classes of Consumers and Determination of Rates) made under the Act.

(b)  Revoked: O. Reg. 621/20, s. 1 (2).

O. Reg. 314/19, s. 1; O. Reg. 621/20, s. 1 (2).

(3) Subject to subsections (3.2) to (8), an invoice issued to a consumer shall include, in a location where conservation or other utility messages to consumers are usually placed, the text “Total Ontario Support: $(amount determined in accordance with subsection (3.1)). To learn more about the Province’s electricity support programs, visit ontario.ca/yourelectricitybill.”. O. Reg. 621/20, s. 1 (3).

(3.1) For the purposes of subsection (3), the amount to be included is the sum of the following amounts, respecting the billing period to which the invoice applies:

1.  If the consumer is a consumer to whom section 6 of Ontario Regulation 442/01 (Rural or Remote Electricity Rate Protection) made under the Act applies, the amount of any rate protection provided to the consumer under that section.

2.  The amount of any rate assistance provided to the consumer under section 79.2 of the Act.

3.  The amount of any distribution rate protection provided to the consumer under section 79.3 of the Act.

4.  The amount of any delivery credit provided to the consumer under section 79.4 of the Act.

5.  The amount of financial assistance provided to the consumer under the Ontario Rebate for Electricity Consumers Act, 2016. O. Reg. 621/20, s. 1 (3).

(3.2) If the sum of the amounts under subsection (3.1) for the billing period is $0, subsection (3) does not apply. O. Reg. 621/20, s. 1 (3).

(4) The Minister may, on the request of a person who issues invoices, give written authorization to the person to use wording specified by the Minister instead of the wording set out in subsection (3), or to locate wording in a location specified by the Minister instead of in the location set out in subsection (3), if the Minister is satisfied that,

(a)  different wording or location is warranted on the basis of,

(i)  technical or operational reasons, or

(ii)  the person’s assessment of the preferences of its consumers; and

(b)  the wording or location specified by the Minister promotes the purposes of subsection (3). O. Reg. 314/19, s. 1.

(5) If the Minister is satisfied that the wording or location specified in an authorization may be used by other persons who issue invoices, the Minister shall give a copy of the authorization to the Board and shall set out the circumstances in which the wording or location specified in the authorization may be used by persons who issue invoices. O. Reg. 314/19, s. 1.

(6) The Board shall notify all persons who issue invoices of the wording or location specified in an authorization it receives from the Minister and the circumstances in which the wording or location may be used. O. Reg. 314/19, s. 1.

(7) A person who receives an authorization under subsection (4) may use the wording or location specified in the authorization instead of in subsection (3). O. Reg. 314/19, s. 1.

(8) A person who receives a notification under subsection (6) may, in the circumstances set out in the notification, use the wording or location specified in the notification instead of in subsection (3). O. Reg. 314/19, s. 1.

(9) A person who is subject to a requirement under this section shall comply with the requirement as soon as is reasonably possible after November 6, 2020, but in no event later than,

(a)  January 1, 2021; or

(b)  such later date as the Minister may specify for the person, on the person’s request, if the Minister is satisfied that the person is unable to meet the requirement before that later date for technical or operational reasons. O. Reg. 621/20, s. 1 (4).

(10) This section, as it read immediately before November 6, 2020, continues to apply to the person until their compliance with this section as it reads as of that date. O. Reg. 621/20, s. 1 (4).

Contact information

9. (1) The invoice shall include the following information:

1.  The website address, if any, of the person issuing the invoice.

2.  The telephone number of the person issuing the invoice.

3.  The phrase “For a detailed explanation of electricity terms, please visit”, followed by the Board’s website address. O. Reg. 153/18, s. 10.

(2) The information set out under subsection (1) may be located anywhere on the invoice, and need not be located together. O. Reg. 153/18, s. 10.

Defined terms

10. (1) Subject to subsections (3) to (7), the invoice must include each term listed in Column 1 of the following Table followed by its meaning as set out in the corresponding row of Column 2 of the Table:

TABLE

Column 1 Term	Column 2 Meaning
Electricity	This is the cost of the electricity supplied to you during this billing period and is the part of the bill that is subject to competition.
Delivery	These are the costs of delivering electricity from generating stations across the Province to (name of person issuing the invoice) then to your home or business. This includes the costs to build and maintain the transmission and distribution lines, towers and poles and operate provincial and local electricity systems. A portion of these charges is fixed and does not change from month to month. The rest are variable and increase or decrease depending on the amount of electricity that you use. The delivery charge also includes costs relating to electricity lost through distributing electricity to your home or business.* (Name of person issuing the invoice) collects this money and pays this amount directly to our suppliers. *When electricity is delivered over a power line, it is normal for a small amount of power to be consumed or lost as heat. Equipment, such as wires and transformers, consumes power before it gets to your home or business.
Regulatory Charges	Regulatory charges are the costs of administering the wholesale electricity system and maintaining the reliability of the provincial grid.

O. Reg. 153/18, s. 10; O. Reg. 314/19, s. 2 (1).

(2) The terms set out in subsection (1), together with their meanings, may be located anywhere on the invoice, and need not be located together. O. Reg. 153/18, s. 10.

(3) The Minister may, on the request of a person who issues invoices, give written authorization to the person to use wording specified by the Minister instead of the wording set out in subsection (1), if the Minister is satisfied that,

(a)  different wording is warranted on the basis of,

(i)  technical or operational reasons, or

(ii)  the person’s assessment of the preferences of its consumers; and

(b)  the wording specified by the Minister promotes the purposes of subsection (1). O. Reg. 314/19, s. 2 (2).

(4) If the Minister is satisfied that the wording specified in an authorization may be used by other persons who issue invoices, the Minister shall give a copy of the authorization to the Board and shall set out the circumstances in which the wording specified in the authorization may be used by persons who issue invoices. O. Reg. 314/19, s. 2 (2).

(5) The Board shall notify all persons who issue invoices of the wording specified in an authorization it receives from the Minister and the circumstances in which the wording may be used. O. Reg. 314/19, s. 2 (2).

(6) A person who receives an authorization under subsection (3) may use the wording specified in the authorization instead of in subsection (1). O. Reg. 314/19, s. 2 (2).

(7) A person who receives a notification under subsection (5) may, in the circumstances set out in the notification, use the wording specified in the notification instead of in subsection (1). O. Reg. 314/19, s. 2 (2).

Language

11. The words and phrases required under this Regulation to be included on or with invoices issued to low-volume consumers or invoices to which section 8.3 applies shall be included in English if the related invoices are issued in English, and in French if the related invoices are issued in French. O. Reg. 153/18, s. 11.

12. Revoked: O. Reg. 314/19, s. 3.

 

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