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O. Reg. 434/02: COMPENSATION AND SET-OFFS UNDER PART V OF THE ACT

filed December 24, 2002 under Ontario Energy Board Act, 1998, S.O. 1998, c. 15, Sched. B

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ontario regulation 434/02

made under the

ontario energy board act, 1998

Made: December 23, 2002
Filed: December 24, 2002
Printed in The Ontario Gazette: January 11, 2003

Amending O. Reg. 341/02

(Compensation and Set-Offs Under Part V of the Act)

1. The title to Ontario Regulation 341/02 is revoked and the following substituted:

Payments re sections 79.1 and 79.2 of the Act

2. The Regulation is amended by adding the following heading before section 1:

Interpretation

3. The definition of “Financial Corporation” in section 1 of the Regulation is revoked.

4. The Regulation is amended by adding the following heading before section 2:

Payments re Subsections 79.1 (1) to (9) of the Act

5. Subsection 3 (6) of the Regulation is amended by striking out “to the Financial Corporation” in the portion before paragraph 1 and substituting “to the IMO and the Financial Corporation”.

6. Subsection 4 (6) of the Regulation is amended by striking out “to the Financial Corporation” in the portion before paragraph 1 and substituting “to the IMO and the Financial Corporation”.

7. Sections 8 and 9 of the Regulation are revoked and the following substituted:

Payments by the Financial Corporation to the IMO

8. (1) The Financial Corporation shall make a payment to the IMO equal to the amount, if any, that the IMO is required to make to a licensed distributor under sections 5, 6 and 7.

(2) The Financial Corporation shall make the payment after receiving from the IMO such information as the Financial Corporation may require concerning the licensed distributors, retailers and embedded distributors referred to in those sections and concerning the payments to be made by the IMO under those sections.

(3) The Financial Corporation shall make the payment even if the IMO has not yet made any payments to licensed distributors under those sections.

(4) The Financial Corporation may make the payment by paying the amount to the IMO or by way of set-off of the amount in the accounts maintained by the IMO, at the option of the Financial Corporation.

Payments re Subsections 79.1 (12) to (15) of the Act

Payments by licensed distributors to retailers

9. (1) Every licensed distributor shall make a payment to a retailer in accordance with this section in respect of any payments that the retailer is required to make under subsection 79.1 (12) or (15) of the Act to low-volume consumers or designated consumers located in the licensed distributor’s service area.

(2) The amount of the payment is the aggregate of all amounts payable under subsections 79.1 (12) and (15) of the Act to the consumers described in subsection (1).

(3) The licensed distributor shall make payment to the retailer by paying the retailer the amount described in subsection (2) or by way of set-off of the amount against amounts payable by the retailer to the licensed distributor.

(4) The licensed distributor shall make the payment,

(a) after receipt from the retailer of a statement setting out,

(i) the number of the retailer’s low-volume consumers to whom the retailer is required to make a payment under subsection 79.1 (12) of the Act that are located in the licensed distributor’s service area and the total amount payable by the retailer to those consumers, and

(ii) the number of the retailer’s designated consumers to whom the retailer is required to make a payment under subsection 79.1 (15) of the Act that are located in the licensed distributor’s service area and the total amount payable by the retailer to those consumers; and

(b) after the IMO makes the payment to the licensed distributor required by section 12.

(5) The licensed distributor shall make the payment in accordance with subsection (4) even if the retailer has not yet made any payments to low-volume consumers under subsection 79.1 (12) of the Act or to designated consumers under subsection 79.1 (15) of the Act.

(6) Every retailer shall provide the following information to the licensed distributor, the IMO and the Financial Corporation forthwith after making the payments required under subsections 79.1 (12) and (15) of the Act:

1. The number of the retailer’s low-volume consumers to whom the retailer made a payment under subsection 79.1 (12) of the Act and the total amount paid by the retailer to those consumers.

2. The number of the retailer’s designated consumers to whom the retailer made a payment under subsection 79.1 (15) of the Act and the total amount paid by the retailer to those consumers.

Payments by licensed distributors to embedded distributors

10. (1) Every licensed distributor who is a market participant shall make a payment in accordance with this section to an embedded distributor in respect of any payments the embedded distributor is required to make,

(a) under subsection 79.1 (12) of the Act to low-volume consumers located in the embedded distributor’s service area;

(b) under subsection 79.1 (14) of the Act to designated consumers located in the embedded distributor’s service area; or

(2) The amount of the payment is the aggregate of all amounts payable under subsections 79.1 (12) and (14) to the consumers described in subsection (1) and under section 9 to retailers.

(3) The licensed distributor shall make the payment to the embedded distributor by paying the embedded distributor the amount required by subsection (2) or by way of set-off of the amount against amounts payable by the embedded distributor to the licensed distributor.

(4) The licensed distributor shall make the payment,

(a) after receipt from the embedded distributor of a statement setting out,

(i) the number of the embedded distributor’s low-volume consumers to whom the embedded distributor is required to make a payment under subsection 79.1 (12) of the Act and the total amount payable by the embedded distributor to those consumers,

(ii) the number of the embedded distributor’s designated consumers to whom the embedded distributor is required to make a payment under subsection 79.1 (14) of the Act and the total amount payable by the embedded distributor to those consumers, and

(iii) all of the information in statements provided to the embedded distributor by retailers under clause 9 (4) (a); and

(b) after the IMO makes the payment to the licensed distributor required by section 12.

(5) The licensed distributor shall make the payment in accordance with subsection (4) even if the embedded distributor has not yet made any payments to low-volume consumers under subsection 79.1 (12) of the Act, to designated consumers under subsection 79.1 (14) of the Act or to retailers under section 9.

(6) Every embedded distributor shall provide the following information to the IMO and the Financial Corporation forthwith after making the payments required under subsections 79.1 (12) and (14) of the Act:

1. The number of the embedded distributor’s low-volume consumers to whom the embedded distributor made a payment under subsection 79.1 (12) of the Act and the total amount paid by the embedded distributor to those consumers.

2. The number of the embedded distributor’s designated consumers to whom the embedded distributor made a payment under subsection 79.1 (14) of the Act and the total amount paid by the embedded distributor to those consumers.

Payments to embedded distributors re reductions to equal billing plan accounts

11. (1) Every licensed distributor who is a market participant shall make a payment to an embedded distributor who is required to make a reduction in an equal billing plan account under subsection 79.1 (13) of the Act.

(2) The amount payable to the embedded distributor is the total of all amounts determined under subsection 79.1 (13) of the Act in respect of the equal billing plan accounts maintained by the embedded distributor.

(4) The licensed distributor shall make the payment to the embedded distributor,

(a) after receipt from the embedded distributor of a statement setting out,

(i) the number of equal billing plan accounts for which the embedded distributor is required to make reductions under subsection 79.1 (13) of the Act, and

(ii) the amount determined under subsection (2); and

(b) after the IMO makes the payment to the licensed distributor required by section 13.

(5) The licensed distributor shall make the payment even if the embedded distributor has not yet made any reductions required under subsection 79.1 (13) of the Act to the equal billing plan accounts.

(6) Every embedded distributor shall provide the following information to the IMO and the Financial Corporation forthwith after making the reductions required under subsection 79.1 (13) of the Act to equal billing plan accounts:

1. The number of equal billing plan accounts to which reductions were made under subsection 79.1 (13) of the Act.

2. The total amount of the reductions to those accounts made by the embedded distributor under subsection 79.1 (13) of the Act.

Payments by the IMO to licensed distributors

12. (1) The IMO shall make a payment to every licensed distributor who is a market participant and is required to make a payment described in section 9 to a retailer, and the payment that the IMO is required by this subsection to make is equal to the payment, if any, that the licensed distributor is required to make under section 9 to the retailer.

(2) The IMO shall make the payment required by subsection (1) to a licensed distributor after receiving a statement from the licensed distributor setting out the information, if any, provided to the licensed distributor under clause 9 (4) (a).

(3) The IMO shall make a payment to every licensed distributor who is a market participant and who is required to make a payment described in section 10 to an embedded distributor, and the payment that the IMO is required by this subsection to make is equal to the payment, if any, that the licensed distributor is required to make under section 10 to the embedded distributor.

(4) The IMO shall make the payment required by subsection (3) to a licensed distributor after receiving a statement from the licensed distributor setting out the information, if any, provided to the licensed distributor under clause 10 (4) (a).

(5) The IMO shall make a payment to every licensed distributor who is a market participant and who is required to make a payment under subsection 79.1 (12) or (14) of the Act, and the payment that the IMO is required by this subsection to make is equal to the aggregate of all amounts that the licensed distributor is required to pay under those subsections of the Act.

(6) The IMO shall make the payment required by subsection (5) to a licensed distributor after receiving a statement from the licensed distributor setting out,

(a) the number of the licensed distributor’s low-volume consumers to whom the licensed distributor is required to make a payment under subsection 79.1 (12) of the Act and the total amount payable by the licensed distributor to those consumers; and

(b) the number of the licensed distributor’s designated consumers to whom the licensed distributor is required to make a payment under subsection 79.1 (14) of the Act and the total amount payable by the licensed distributor to those consumers.

(7) The IMO shall make a payment required by this section to a licensed distributor by paying the licensed distributor an amount payable to the licensed distributor under this section or by way of set-off of the amount against amounts payable by the licensed distributor to the IMO.

(8) The IMO shall make the payments required by this section even if the licensed distributor has not yet made any payments to low-volume consumers under subsection 79.1 (12) of the Act, to designated consumers under subsection 79.1 (14) of the Act, to retailers under section 9 or to embedded distributors under section 10.

(9) Every licensed distributor who is a market participant shall provide the following information to the IMO and the Financial Corporation forthwith after making the payments required under subsections 79.1 (12) and (14) of the Act:

1. The number of the licensed distributor’s low-volume consumers to whom the licensed distributor made a payment under subsection 79.1 (12) of the Act and the total amount paid by the licensed distributor to those consumers.

2. The number of the licensed distributor’s designated consumers to whom the licensed distributor made a payment under subsection 79.1 (14) of the Act and the total amount paid by the licensed distributor to those consumers.

Payments to licensed distributors re reductions to equal billing plan accounts

13. (1) The IMO shall make a payment to every licensed distributor who is a market participant and who is required to make a reduction to an equal billing plan account under subsection 79.1 (13) of the Act or to make a payment to an embedded distributor under section 11.

(2) The amount payable to the licensed distributor is the total of,

(a) all amounts determined under subsection 79.1 (13) of the Act in respect of the equal billing plan accounts maintained by the licensed distributor; and

(b) all amounts the licensed distributor is required to pay embedded distributors under section 11.

(3) The IMO shall make the payment to the licensed distributor by paying the licensed distributor the amount determined under subsection (2) or by way of set-off of that amount against amounts payable by the licensed distributor to the IMO.

(4) The IMO shall make the payment after receiving from the licensed distributor a statement setting out,

(a) the number of equal billing plan accounts for which the licensed distributor is required to make reductions under subsection 79.1 (13) of the Act;

(b) the amount determined under subsection (2); and

(5) The IMO shall make the payment in accordance with subsection (4) even if the licensed distributor has not yet made any reductions required under subsection 79.1 (13) of the Act to the equal billing plan accounts or made any payments to embedded distributors under section 11.

(6) Every licensed distributor who is a market participant shall provide the following information to the IMO and the Financial Corporation forthwith after making the reductions required under subsection 79.1 (13) of the Act to equal billing plan accounts:

1. The number of equal billing plan accounts to which reductions were made under subsection 79.1 (13) of the Act by the licensed distributor.

2. The total amount of the reductions to those accounts made by the licensed distributor under subsection 79.1 (13) of the Act.

Payments by the Financial Corporation to the IMO

14. (1) The Financial Corporation shall make a payment to the IMO equal to the amount, if any, that the IMO is required to make to a licensed distributor under sections 12 and 13.

(3) The Financial Corporation shall make the payment even if the IMO has not yet made any payments to licensed distributors under those sections.

Payments re Section 79.2 of the Act

Payments by the Financial Corporation to the IMO

15. (1) The Financial Corporation shall make a payment to the IMO equal to the aggregate of all amounts the IMO is required to pay low-volume consumers and designated consumers under subsection 79.2 (1) of the Act.

(2) The Financial Corporation shall make the payment after receiving from the IMO a statement setting out,

(a) the number of low-volume consumers to whom the IMO is required to make a payment under subsection 79.2 (1) of the Act and the total amount payable by the IMO to those consumers; and

(b) the number of designated consumers to whom the IMO is required to make a payment under subsection 79.2 (1) of the Act and the total amount payable by the IMO to those consumers.

(3) The Financial Corporation shall make the payment even if the IMO has not yet made any payments under subsection 79.2 (1) of the Act.

(5) The IMO shall provide the following information to the Financial Corporation forthwith after making the payments under subsections 79.2 (1) of the Act:

1. The number of low-volume consumers to whom the IMO made a payment under subsection 79.2 (1) of the Act and the total amount paid by the IMO to those consumers.

2. The number of designated consumers to whom the IMO made a payment under subsection 79.2 (1) of the Act and the total amount paid by the IMO to those consumers.

General

Reporting requirements

16. All statements and other information that a retailer, embedded distributor, licensed distributor or the IMO is required by this Regulation to provide shall be provided in such form and manner as the Financial Corporation may require.

Reliance on certain information

17. (1) For the purposes of the payments that the IMO is required by this Regulation to make, the IMO shall rely upon the information provided to it by the licensed distributor.

(2) For the purposes of the payments that a licensed distributor is required by section 2 or 9 to make, the licensed distributor shall rely upon the information provided to it by the retailer.

(3) For the purposes of the payments that a licensed distributor is required by section 3, 4, 10 or 11 to make, the licensed distributor shall rely upon the information provided to it by the embedded distributor.

O. Reg. 434/02: COMPENSATION AND SET-OFFS UNDER PART V OF THE ACT

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