O. Reg. 578/05: PRESCRIBED CONTRACTS RE SECTIONS 78.3 AND 78.4 OF THE ACT

 

Ontario Energy Board Act, 1998
Loi de 1998 sur la Commission de l’énergie de l’Ontario

ONTARIO REGULATION 578/05

Prescribed Contracts Re Sections 78.3 and 78.4 OF THE ACT

Note: This Regulation was revoked on January 1, 2015. (See: O. Reg. 295/14, ss. 1, 2)

Last amendment:  O. Reg. 295/14.

This Regulation is made in English only.

Renewable energy supply contracts

1. The contracts listed in Table 1 to this Regulation, which have been assumed by the OPA pursuant to a direction by the Minister made under section 25.32 of the Electricity Act, 1998, are prescribed procurement contracts for the purposes of subsection 78.3 (1) of the Ontario Energy Board Act, 1998.  O. Reg. 578/05, s. 1; O. Reg. 310/06, s. 1.

Clean energy supply, demand response and Bruce refurbishment contracts

2. The contracts listed in Tables 2, 3 and 4 to this Regulation, which have been entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (7) of the Electricity Act, 1998, are prescribed procurement contracts for the purposes of subsection 78.4 (1) of the Ontario Energy Board Act, 1998.  O. Reg. 578/05, s. 2.

Early mover clean energy supply contracts

3. The contracts listed in Table 5 to this Regulation, which have been entered into by the OPA pursuant to a direction by the Minister made under subsections 25.32 (4) and (7) of the Electricity Act, 1998, are prescribed procurement contracts for the purposes of subsection 78.4 (1) of the Ontario Energy Board Act, 1998.  O. Reg. 65/06, s. 1.

Rule re amended or replace contracts

3.1 For the purposes of subsection 78.4 (1) of the Act, the IESO shall make payments to the OPA with respect to amounts paid or payable by the OPA to an entity with whom the OPA has entered into a procurement contract that satisfies one of the following rules:

1. A contract that is listed in Table 1, 2, 3 or 5 that is amended.

2. A contract that replaces a contract that is listed in Table 1, 2, 3 or 5.

3. A contract that is listed in Table 4 that is amended or amended and restated.  O. Reg. 310/06, s. 2; O. Reg. 432/07, s. 1.

Contracts that meet prescribed rules

4. (1) Procurement contracts that satisfy one of the following rules are prescribed contracts for the purposes of subsection 78.4 (1) of the Act:

1. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4) of the Electricity Act, 1998 dated October 6, 2005, entitled “Conservation and Demand-Side Management Initiatives (Residents of Low-Income and Social Housing)”.

2. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4) of the Electricity Act, 1998 dated October 20, 2005, entitled “Conservation and Demand-Side Management Initiatives (Appliance Change-Out and Efficient Lighting Initiatives)”.

3. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4) of the Electricity Act, 1998 dated March 10, 2006, entitled “Conservation and Demand-Side Management Initiatives (Residential Sector)”.

4. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4) of the Electricity Act, 1998 dated March 10, 2006, entitled “Conservation and Demand-Side Management Initiatives (Commercial Buildings and MUSH Sector)”.

5. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under section 25.32 of the Electricity Act, 1998 dated June 15, 2005, entitled “Immediate Launch of Procurement Processes to address needs in Downtown Toronto, Western Greater Toronto Area, and to develop additional Demand Management, Demand Response and High Efficiency Combined Heat and Power Supply” and the addendum dated February 9, 2006, entitled “Addendum #1 to Procurement Processes Directive of June 15, 2005”.

6. Contracts that are entered into by the OPA pursuant to a direction by the Minister under subsection 25.32 (4) of the Electricity Act, 1998 dated February 10, 2006, entitled “Toronto Reliability Supply and Conservation Initiative”.

7. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under section 25.32 of the Electricity Act, 1998 dated March 21, 2006, entitled “Standard Offer Program”.

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

9. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under section 25.32 of the Electricity Act, 1998 dated October 20, 2005, entitled “Greater Toronto Area (GTA) West Supply Initiative – Goreway Station Project”.

10. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated June 14, 2007, entitled “Clean Energy and Waterpower in Northern Ontario Standard Offer”.

11. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated August 27, 2007, entitled “Procurement of up to 2,000 MW of Renewable Energy Supply”.

12. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated December 20, 2007, entitled “Hydroelectric Energy Supply Agreements with Ontario Power Generation Inc.”.

13. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated January 31, 2008, entitled “Procuring Approximately 350 MW of New Gas-Fired Electricity Generation for Northern York Region”.

14. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated February 25, 2008, entitled “Procuring Electricity From Energy From Waste (“EFW”) Pilot or Demonstration Projects (“PDPs”)”.

15. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated March 12, 2008, entitled “Broadcasting Initiative – Procurement for Energy Conservation Advertisements”.

16. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated April 10, 2008, entitled “Procurement for Electricity From Combined Heat and Power (CHP) Renewable Co-generation Projects”.

17. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated May 1, 2008, entitled “Broadcasting Initiative – Procurement for Energy Conservation Advertisements”.

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

19. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated December 19, 2008, entitled “Procuring Electricity from a Commercial Durham and York Region Energy from Waste (“EFW”) Facility”.

20. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated December 22, 2008, entitled “Broadcasting Initiative – Procurement for Energy Conservation Advertisements”.

21. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated December 24, 2008, entitled “Negotiating New Contracts with Early Movers Generation Facilities”.

22. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated January 23, 2009, entitled “Biogas Projects and Renewable Energy Standard Offer (RESOP)”.

23. Contracts that are entered into by the OPA pursuant to a direction by the Minister under section 25.32 of the Electricity Act, 1998 dated May 7, 2009, entitled “Negotiating New Contracts with Hydro-Electric Generation Facilities”.

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

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

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

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

25. Contracts that are entered into by the OPA pursuant to a direction by the Minister under subsection 25.32 (4) of the Electricity Act, 1998 dated January 6, 2010, entitled “Lennox Generating Station”.

26. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) of the Electricity Act, 1998 dated March 4, 2010, entitled “Industrial Transmission Connected Electricity Efficiency Program”.

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

28. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) and section 25.35 of the Electricity Act, 1998 dated April 1, 2010 to negotiate one or more Power Purchase Agreements with respect to the Government’s Green Energy Investment Agreement with Samsung C&T Corporation and Korea Electric Power Corporation to develop 2500 megawatts of renewable energy projects in Ontario.

29. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.7) of the Electricity Act, 1998 dated September 24, 2009, entitled “Municipal Renewable Energy Program”.

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

29.2 Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) of the Electricity Act, 1998 dated July 5, 2010, entitled “Conservation and Demand Management Program under the GEA Conservation Framework: Low-Income Conservation Initiative”.

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

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

32. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4) of the Electricity Act, 1998 dated November 23, 2010, entitled “Combined Heat and Power” including those entered into pursuant to amendments to the direction dated December 16, 2013.

33. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) and section 25.35 of the Electricity Act, 1998 dated July 29, 2011, entitled “Korean Consortium’s Haldimand Projects”.

34. Revoked: O. Reg. 110/14, s. 1 (2).

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

36. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4) of the Electricity Act, 1998 dated August 19, 2011, entitled “Procuring Electricity from Energy from Waste (“EFW”) Facilities using technologies that have completed the Ministry of the Environment (“MOE”) Pilot or Demonstration Project (“PDP”) Initiative” including those entered into pursuant to amendments to the direction dated October 25, 2013.

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

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

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

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

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

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

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

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

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

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

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

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

49. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated June 12, 2013, entitled “Renewable Energy Program”.

50. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated June 26, 2013, entitled “Hydroelectric Projects”.

51. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under sections 25.32 and 25.35 of the Electricity Act, 1998 dated August 16, 2013, entitled “Administrative Matters Related to Renewable Energy and Conservation Programs”.

52. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under section 25.35 of the Electricity Act, 1998 dated October 28, 2013, entitled “Clarification re: Non-application to First Nation reserves of FIT Program restrictions relating to agricultural lands”.

53. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under section 25.32 of the Electricity Act, 1998 dated December 16, 2013, entitled “Moving Forward with Large Renewable Energy Projects, Renewable Energy Projects in Remote First Nation Communities and Energy Storage”.

54. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) of the Electricity Act, 1998 dated December 16, 2013, entitled “100 percent Biomass Non-Utility Generator Projects (December 16, 2013)”.

55. Contracts that are entered into by the OPA pursuant to a direction by the Minister made under subsection 25.32 (4.1) of the Electricity Act, 1998 dated December 16, 2013, entitled “Supply agreement with the Ontario Power Generation for the conversion of Thunder Bay Generating Station (“TBGS”)”. O. Reg. 120/06, s. 1; O. Reg. 310/06, s. 3; O. Reg. 70/07, s. 1; O. Reg. 432/07, s. 2; O. Reg. 331/09, s. 1; O. Reg. 143/10, s. 1; O. Reg. 428/10, s. 1; O. Reg. 109/13, s. 1 (1-5); O. Reg. 110/14, s. 1.

(2) If a procurement contract that satisfies a rule set out in subsection (1) is amended, or is amended and restated, the contract as amended or as amended and restated is also a prescribed contract for the purposes of subsection 78.4 (1) of the Act. O. Reg. 109/13, s. 1 (6).

Table 1
Renewable Energy Supply Contracts

Item	Supplier	Date	Name of Project	Location
1.	Superior Wind Energy Inc.	November 24, 2004	Prince Phase I Wind Energy Project	District of Algoma, Township of Prince, Ontario
2.	Erie Shores Wind Limited Partnership	November 24, 2004	Erie Shores Wind Farm	North Shore of Lake Erie in Norfolk and Elgin Counties, Ontario
3.	Canadian Hydro Developers, Inc.	November 24, 2004	Melancthon - Grey Wind Project	Southern Portion of Melancthon Township, Ontario
4.	Superior Wind Energy Inc.	November 24, 2004	Blue Highlands Phase I Wind Energy Project	Town of Blue Mountains, Grey County, Ontario
5.	EPCOR Power Development Corporation	November 24, 2004	Kingsbridge Wind Power Project	Ashfield-Colborne-Wawanosh Township, Huron County, Ontario
6.	Energy Ottawa Inc.	November 24, 2004	Trail Road Landfill Gas Generating Station	Trail Waste Facility Landfill Site, 4775 Trail Road, Ottawa, Ontario
7.	1615151 Ontario Inc.	November 24, 2004	Eastview Landfill Gas Energy Plant	Eastview Landfill Site, Guelph, Ontario
8.	Hamilton Hydro Services Inc.	December 23, 2004	Hamilton (Digester Gas) Cogeneration Project	Woodward Avenue Wastewater Treatment Plant, Hamilton, Ontario
9.	Umbata Falls, Limited Partnership	November 24, 2004	Umbata Falls Hydroelectric Project	Umbata Falls, White River, approximately 30 kilometres southeast of Marathon, Ontario
10.	Glen Miller Power, Limited Partnership	November 24, 2004	Glen Miller Hydroelectric Project	On the Trent River, at Lock # 3, Trenton, Ontario
11.	Yellow Falls Power Limited Partnership	November 21, 2005	Island Falls Hydroelectric Project	Bradburn Township, near Smooth Rock Falls, Ontario
12.	Kruger Energy Port Alma Limited Partnership	November 21, 2005	Kruger Energy Port Alma	Municipality of Chatham Kent, near Port Alma, Ontario
13.	Enbridge Ontario Wind Power LP or Leader Wind Corp.	November 21, 2005	Leader Wind Power Project – A 100.65 MW	Bruce County, Municipality of Kincardine & Town of Saugeen Shores, Town of Underwood, Ontario
14.	Enbridge Ontario Wind Power LP or Leader Wind Corp.	November 21, 2005	Leader Wind Power Project – B 99 MW	Bruce County, Municipality of Kincardine & Town of Saugeen Shores, Town of Underwood, Ontario
15.	Brookfield Power Inc. & Brookfield Energy Marketing Inc. [formerly, Brascan Power Wind — Prince II LP]	November 21, 2005	Prince II Wind Power Project	Townships of Dennis, Pennefather, Korah and Aweres, near Algoma, Ontario
16.	EPCOR Power Development (Ontario) Limited Partnership	November 21, 2005	Kingsbridge II Wind Power Project	Ashfield Ward, Ashfield Colborne Wawanosh Township, Huron County, Ontario
17.	Suncor Energy Products Inc. and Acciona Wind Energy Canada Inc [formerly, EHN Wind Power Canada Inc.]	November 21, 2005	Ripley Wind Power Project	Township of Huron-Kinloss near Ripley, Ontario
18.	Canadian Hydro Developers, Inc.	November 21, 2005	Melancthon II Wind Project	Melancthon and Amaranth Townships, near Shelburne, Ontario
19.	Canadian Renewable Energy Corporation	November 21, 2005	Wolfe Island Wind Project	Township of Frontenac Islands, near Kingston, Ontario

O. Reg. 578/05, Table 1; O. Reg. 310/06, s. 4.

Table 2
Clean Energy Supply Contracts

Item	Supplier	Date	Name of Project	Location
1.	Greater Toronto Airports Authority	April 12, 2005	GTAA Cogeneration Plant	3265 Elmbank Road, Mississauga , Ontario
2.	Greenfield Energy Centre L.P.	April 12, 2005	Greenfield Energy Centre	Bickford Line, Township of St. Clair, Lambton County, Ontario
3.	Greenfield South Power Corporation	April 12, 2005	Greenfield South Power Project	2291 Loreland Avenue, Mississauga, Ontario
4.	St. Clair Power, L.P.	April 12, 2005	St. Clair Energy Project	St. Clair Industrial Park, Polymore Drive , Corunna, Ontario

O. Reg. 578/05, Table 2.

Table 3
Demand Response Contracts

Item	Supplier	Date	Name of Project	Location
1.	Loblaw Properties Limited	April 12, 2005	Loblaw Properties Limited Demand Response Project	certain Loblaw Properties Limited owned grocery stores and warehouses throughout Ontario

O. Reg. 578/05, Table 3.

Table 4
BRUCE REFURBISHMENT Contract

Item	Supplier	Date	Title of Contract	Location
1.	Bruce Power A L.P., Bruce Power L.P.	October 17, 2005	Bruce Power Refurbishment Implementation Agreement	Bruce Nuclear Generating Stations, Tiverton, Ontario

O. Reg. 578/05, Table 4.

Table 5
Early Mover Clean Energy Supply Contracts

Item	Supplier	Name of Project	Location
1.	TransAlta Energy Corporation	Sarnia Regional Cogeneration Plant	1741 River Road, Sarnia, Ontario
2.	Toromont Energy Ltd.	Sudbury District Energy – Hospital Cogeneration Project	41 Ramsey Lake Road, Sudbury, Ontario
3.	Toromont Energy Ltd.	Sudbury District Energy – District Energy Plant	36 Energy Court, Sudbury, Ontario
4.	Toromont Energy Ltd.	Trent Valley Cogeneration Plant	Highway 33, Lot No. A.1
			Conc. 3, Trenton, Ontario
5.	Coral Energy Canada Inc.	Brighton Beach Power Station	Windsor, Ontario

O. Reg. 65/06, s. 2.