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ontario regulation 16/20

made under the

Ontario Rebate for Electricity Consumers Act, 2016

Made: February 13, 2020
Filed: February 14, 2020
Published on e-Laws: February 14, 2020
Printed in The Ontario Gazette: February 29, 2020

Amending O. Reg. 363/16

(GENERAL)

1. Section 1.2 of Ontario Regulation 363/16 is amended by adding the following subsection:

(3) Despite subsection (1), the definition of eligible account in subsection 1 (1) of the Act is deemed, for the purposes of this Part, to include an account in respect of which there is an entitlement to financial assistance under this section, to the extent of the entitlement.

2. Paragraph 1 of subsection 2.1 (3) of the Regulation is amended by adding “in respect of a billing period for which an invoice is issued before March 1, 2020” at the end.

3. Subsection 3 (3) of the Regulation is revoked and the following substituted:

(3) In the case of a person who receives rate assistance under the Ontario Electricity Support Program before March 1, 2020, the credit to which the person is entitled under subsection (2) shall be reduced by the following percentage of the amount received in assistance under that program:

1. For assistance received before November 1, 2019, 8 per cent.

2. For assistance received during the period beginning on November 1, 2019 and ending on the last day of the last invoice period, as defined in section 4, for which an invoice is issued to the person by the applicable unit sub-meter provider before March 1, 2020, 31.8 per cent.

4. The Regulation is amended by adding the following section:

Lump sum financial assistance for certain rate-assisted consumers

4.1 (1) In this section,

“invoice period” means invoice period as defined in section 4; (“période visée par la facture”)

“prescribed period” means,

(a) in respect of a consumer, the period beginning on November 1, 2019 and ending on the last day of the last billing period for which an invoice is issued before March 1, 2020 for the eligible account,

(b) in respect of a person referred to in clause 4 (1) (b), the period beginning on November 1, 2019 and ending on the last day of the last invoice period for which an invoice is issued before March 1, 2020; (“période prescrite”)

“rate-assisted consumer” means a prescribed rate-assisted consumer under Ontario Regulation 14/18 (Ontario Electricity Support Program) made under the Ontario Energy Board Act, 1998, and a reference to a class of rate-assisted consumer is a reference to that class as set out in Schedule 1 to that Regulation. (“consommateur admissible à l’aide tarifaire”)

(2) A consumer who, at any time during the prescribed period, received both financial assistance under the Act and rate assistance under the Ontario Electricity Support Program, is entitled to financial assistance of a lump sum payment in the amount set out in clause (4) (a).

(3) A person referred to in clause 4 (1) (b) who, at any time during the prescribed period, received both financial assistance under the Act and rate assistance under the Ontario Electricity Support Program, is entitled to financial assistance of a lump sum payment in the amount set out in clause (4) (b).

(4) The amount payable is,

(a) in the case of a consumer, the amount set out in Column 2 of the Table to this subsection for each billing period within the prescribed period during which the consumer received both the financial assistance and rate assistance as a rate-assisted consumer of the class specified in Column 1 of the Table; and

(b) in the case of a person referred to in clause 4 (1) (b), the amount set out in Column 2 of the Table to this subsection for each invoice period within the prescribed period during which the person received both the financial assistance and rate assistance as a rate-assisted consumer of the class specified in Column 1 of the Table.

Table

Item

Column 1

Class of rate-assisted consumer

Column 2

Amount, in dollars ($)

1.

Class A

11.13

2.

Class B

12.72

3.

Class C

14.31

4.

Class D

16.22

5.

Class E

16.54

6.

Class F

18.13

7.

Class G

19.08

8.

Class H

20.03

9.

Class I

21.62

10.

Class J

23.85

11.

Class K

26.39

12.

Class L

28.62

13.

Class M

35.93

 

(5) A billing period or invoice period that began before November 1, 2019 and ended within the prescribed period shall be considered, for the purposes of subsection (4), as having fallen wholly within the prescribed period.

(6) The entitlement to financial assistance under subsection (2) or (3) applies in respect of the first billing period or invoice period, as the case may be, following the prescribed period for the consumer or person referred to in clause 4 (1) (b).

(7) Despite subsections (2) and (3), there is no entitlement to any financial assistance under this section if any invoice issued in respect of a billing period or invoice period, as the case may be, that falls within the prescribed period is a final invoice issued in respect of the applicable account.

(8) Every electricity vendor who provides financial assistance under this section shall maintain an account that records, in respect of each billing period for each consumer, the amounts paid by the electricity vendor as financial assistance under this section.

(9) Every unit sub-meter provider who provides financial assistance under this section shall maintain an account that records, in respect of each invoice period for each person referred to in clause 4 (1) (b), the amounts paid by the unit sub-meter provider as financial assistance under this section.

(10) For greater certainty, financial assistance provided under this section is in addition to any other financial assistance to which there is an entitlement under this Part.

5. Clause 6 (2) (a) of the Regulation is amended by adding “as it read on October 31, 2019” immediately after “subsection 4 (3) of the Act” in the portion before subclause (i).

6. Clause 7 (2) (h) of the Regulation is revoked and the following substituted:

(h) the weighted average of the fees and charges of a unit sub-meter provider; and

7. (1) Paragraph 3 of subsection 11 (1) of the Regulation is amended by striking out “to consumers”.

(2) Subsection 11 (1) of the Regulation is amended by adding the following paragraph:

5. If the unit sub-meter provider provides financial assistance under section 4.1, the total amount of the financial assistance provided.

(3) Section 11 of the Regulation is amended by adding the following subsections:

(2.1) Paragraph 5 of subsection (1) begins to apply on April 1, 2020, in respect of March 2020.

(2.2) A requirement to provide information under paragraph 4 or 5 of subsection (1) does not apply in respect of a month if the total amount referred to in the applicable paragraph for the month is zero.

(2.3) A requirement to provide information under paragraph 2 or 3 of subsection (1) does not apply in respect of a month if, under subsection (2.2), there is no requirement to provide information under paragraph 4 of subsection (1) for the month.

(4) Subsection 11 (4) of the Regulation is revoked and the following substituted:

(4) The reimbursement of unit sub-meter providers for financial assistance provided under section 4 and, if applicable, section 4.1 in respect of a month shall be governed by the following rules:

1. If the amount of financial assistance provided by a unit sub-meter provider under one or both of sections 4 and 4.1 for a month is greater than the amount recorded in the account referred to in subsection 3 (4) by the unit sub-meter provider for that month, the unit sub-meter provider shall, subject to subsections (6) and (7), be reimbursed the difference between the total financial assistance provided and the amount recorded in the account, subject to any adjustments to be made in respect of earlier months.

2. If the amount of financial assistance provided by a unit sub-meter provider under one or both of sections 4 and 4.1 for a month is less than the amount recorded in the account referred to in subsection 3 (4) by the unit sub-meter provider for that month, the unit sub-meter provider shall, subject to subsection (6), pay to the IESO the difference between the total financial assistance provided and the amount recorded in the account, subject to any adjustments to be made in respect of earlier months.

8. (1) Paragraph 1 of subsection 15 (1) of the Regulation is amended by striking out “to which a consumer was entitled” and substituting “to which there was an entitlement”.

(2) Paragraph 2 of subsection 15 (1) of the Regulation is amended by striking out “to which a consumer is entitled” in the portion before subparagraph i and substituting “to which there is an entitlement”.

Commencement

9. This Regulation comes into force on the day it is filed.

 

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