O. Reg. 72/02: DEFINITIONS AND EXEMPTIONS

 

ontario regulation 72/02

made under the

Ontario Energy Board Act, 1998

Made: March 6, 2002
Filed: March 11, 2002
Printed in The Ontario Gazette: March 30, 2002

Amending O. Reg. 161/99

(Definitions and Exemptions)

Note: Since the end of 2001, Ontario Regulation 161/99 has been amended by Ontario Regulation 20/02.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 19, 2002.

1. Subsection 1 (2) of Ontario Regulation 161/99 is revoked and the following substituted:

(2) In section 96 of the Act,

“the public interest” means the interests of consumers, as defined in Part V of the Act, with respect to the pricing, availability, reliability and quality of electricity service, but does not include an interest that has been considered pursuant to an approval under the Environmental Assessment Act or pursuant to an Environmental Screening Process as defined in Ontario Regulation 116/01.

2. Section 4.0.1 of the Regulation is revoked and the following substituted:

4.0.1 Clause 57 (a) and sections 71, 78, 80 and 86 of the Act do not apply to a distributor who distributes electricity for a price no greater than that required to recover all reasonable costs,

(a) with respect to a distribution system owned or operated by the distributor that is entirely located on land on which one or more of the following types of building or facilities is also located:

1. A building that forms part of a property as defined in the Condominium Act, 1998.

2. A residential complex as defined in the Tenant Protection Act, 1997.

3. An industrial, commercial or office building.

4. A university, a college of applied arts and technology established under the Ministry of Training, Colleges and Universities Act or another post-secondary institution.

5. A school or private school as defined in the Education Act.

6. A hospital as defined in the Public Hospitals Act, a private hospital as defined in the Private Hospitals Act or an institution as defined in the Mental Hospitals Act.

7. A shopping mall.

8. An airport.

9. A marina;

(b) with respect to a distribution system owned or operated by the distributor that is entirely located on land owned or leased by the distributor; or

(c) with respect to a distribution system that was owned or operated by the distributor as of January 1, 2002, if the distributor meets all of the following conditions:

1. The distributor is not incorporated under section 48 or 142 of the Electricity Act, 1998.

2. The distributor is not incorporated under the Business Corporations Act or the Canada Business Corporations Act as an electricity company or an electricity distribution company and was not so incorporated as of January 1, 2002.

3. The distributor is not Cornwall Street Railway Light and Power Company Limited, Great Lakes Power Limited, Granite Power Distribution Corporation or Canadian Niagara Power.

3. The Regulation is amended by adding the following sections:

4.0.4 (1) In this section and in section 4.0.5,

“First Nation” means a band as defined in the Indian Act (Canada), or a body of the aboriginal peoples of Canada who are treated by the Department of Indian Affairs and Northern Development (Canada) in the same manner as a body of the aboriginal peoples of Canada residing on a reserve as defined in the Indian Act (Canada).

(2) The following provisions of the Act do not apply to a distributor who meets the conditions set out in subsection (3), and who distributes electricity in a settlement or reserve listed in Schedule 1:

1. Section 57.

2. Sections 71 and 72.

3. Section 78.

4. Sections 80 and 81.

5. Section 86.

6. Section 92.

(3) The distributor must meet the following conditions:

1. The distributor must be a First Nation, or a corporation that is solely owned by a First Nation.

2. The distribution system owned by the distributor must not be connected to the IMO-controlled grid.

3. The distributor must only distribute and generate electricity within its geographic service territory as it existed on January 1, 2002.

4.0.5 (1) The following provisions of the Act do not apply to a distributor who meets the conditions set out in subsection (2), and who distributes electricity in a reserve listed in Schedule 2:

1. Clauses 57 (a), (c), (d), (g) and (h).

2. Sections 71 and 72.

3. Section 78.

4. Sections 80 and 81.

5. Section 86.

6. Section 92.

(2) The distributor must meet the following conditions:

1. The distributor must be a First Nation, or a corporation that is solely owned by a First Nation.

2. The distributor must only distribute and generate electricity within its geographic service territory as it existed on January 1, 2002.

4.0.6 (1) Clauses 57 (c) and (d) and section 71 of the Act do not apply to a distributor with respect to generating electricity during,

(a) planned outages as defined in the market rules that have been approved by the IMO in accordance with the market rules;

(b) forced outages as defined in the market rules; or

(c) emergencies as defined in the market rules.

(2) This section only applies,

(a) with respect to generating electricity with generation facilities that existed as of the day this section came into force; and

(b) if the electricity that is generated is sold at the rate for standard supply service approved for the distributor by the Ontario Energy Board.

4. (1) Subsection 4.1 (1) of the Regulation is amended by striking out “or” at the end of clause (b) and by revoking clause (c) and substituting the following:

(c) the retailer that purchased the electricity retails the electricity only to its franchisees, licensees or affiliates or to franchisees or licensees of its affiliates, and, with respect to the persons to which it retails electricity, the retailer from which it purchased the electricity submitted a service transaction request in accordance with the Retail Settlement Code approved by the Board; or

(d) the retailer is also a distributor that owned or operated a distribution system as of January 1, 2002, and that meets all the conditions set out in clause 4.0.1 (c).

(2) Subsection 4.1 (2) of the Regulation is amended by striking out “Great Lakes Power Corporation Limited” and substituting “Great Lakes Power Limited”.

5. Subsection 5 (4) of the Regulation is amended by striking out “Great Lakes Power Corporation Limited” and substituting “Great Lakes Power Limited”.

6. Subsection 6.2 (1) of the Regulation is amended by striking out “or” at the end of clause (d) and by adding the following clauses:

(f) a person that makes an interconnection linking a transmission system with an adjacent transmission system in Ontario; or

(g) a person that makes an interconnection linking a distribution system with an adjacent transmission system.

7. The Regulation is amended by adding the following Schedules:

Schedule 1

 

Schedule 2

 

13/02