O. Reg. 52/03: PAYMENTS RE SECTIONS 79.1 AND 79.2 OF THE ACT

 

ontario regulation 52/03

made under the

ontario energy board act, 1998

Made: March 5, 2003
Filed: March 6, 2003
Printed in The Ontario Gazette: March 22, 2003

Amending O. Reg. 341/02

(Payments re Sections 79.1 and 79.2 of the Act)

1. Ontario Regulation 341/02 is amended by adding the following sections:

Payments re Subsection 79.1 (16) of the Act

Definition, sections 14.2 to 14.5

14.1 In sections 14.2 to 14.5,

“entitled consumer” means a consumer entitled to a payment under subsection 79.1 (16) of the Act by virtue of section 3.2.1 of Ontario Regulation 339/02 (Electricity Pricing).

Payments by licensed distributors to retailers

14.2 (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 (16) of the Act to entitled consumers who were located in the licensed distributor’s service area during the period in respect of which they are entitled to the payment.

(2) The amount of the payment is the aggregate of all amounts payable by the retailer under subsection 79.1 (16) of the Act to the entitled consumers who were located in the licensed distributor’s service area.

(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 receiving a statement from the retailer setting out the number of entitled consumers to whom the retailer is required to make a payment under subsection 79.1 (16) of the Act who were 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 14.4.

(5) The licensed distributor shall make the payment in accordance with subsection (4) even if the retailer has not yet made any payments under subsection 79.1 (16) of the Act to entitled consumers who were located in the licensed distributor’s service area.

(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 subsection 79.1 (16) of the Act to entitled consumers who were located in the licensed distributor’s service area:

1. The number of entitled consumers to whom the retailer made a payment under subsection 79.1 (16) of the Act who were located in the licensed distributor’s service area.

2. The total amount paid by the retailer under subsection 79.1 (16) of the Act to those entitled consumers.

Payments by licensed distributors to embedded distributors

14.3 (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 (16) of the Act to entitled consumers who were located in the embedded distributor’s service area during the period in respect of which they are entitled to the payment; or

(b) under section 14.2 to a retailer.

(2) The amount of the payment is the aggregate of all amounts payable by the embedded distributor under subsection 79.1 (16) of the Act to the entitled consumers who were located in the embedded distributor’s service area and under section 14.2 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 receiving from the embedded distributor a statement setting out,

(i) the number of entitled consumers to whom the embedded distributor is required to make a payment under subsection 79.1 (16) of the Act who were located in the licensed distributor’s service area and the total amount payable by the embedded distributor to those entitled consumers, and

(ii) all of the information in statements provided to the embedded distributor by retailers under clause 14.2 (4) (a); and

(b) after the IMO makes the payment to the licensed distributor required by section 14.4.

(5) The licensed distributor shall make the payment in accordance with subsection (4) even if the embedded distributor has not yet made any payments under subsection 79.1 (16) of the Act to entitled consumers who were located in the embedded distributor’s service area or under section 14.2 to retailers.

(6) Every embedded distributor shall provide the following information to the IMO and the Financial Corporation forthwith after making the payments required under subsection 79.1 (16) of the Act:

1. The number of entitled consumers to whom the embedded distributor made a payment under subsection 79.1 (16) of the Act.

2. The total amount paid by the embedded distributor under subsection 79.1 (16) of the Act to those entitled consumers.

Payments by the IMO to licensed distributors

14.4 (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 14.2 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 14.2 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 provided to the licensed distributor under clause 14.2 (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 14.3 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 14.3 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 provided to the licensed distributor under clause 14.3 (4) (a).

(5) The IMO shall make a payment to a licensed distributor who is a market participant and who is required to make a payment under subsection 79.1 (16) of the Act to entitled consumers who were located in the licensed distributor’s service area during the period in respect of which they are entitled to the payment, and the payment that the IMO is required by this subsection to make is equal to the aggregate of the payments that the licensed distributor is required to make under subsection 79.1 (16) of the Act to those consumers.

(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 the number of entitled consumers to whom the licensed distributor is required to make a payment under subsection 79.1 (16) 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 to the IMO by the licensed distributor.

(8) The IMO shall make the payments required by this section to a licensed distributor even if the licensed distributor has not yet made any payments to entitled consumers under subsection 79.1 (16) of the Act, to retailers under section 14.2 of this Regulation or to embedded distributors under section 14.3 of this Regulation.

(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 subsection 79.1 (16) of the Act:

1. The number of entitled consumers to whom the licensed distributor made a payment under subsection 79.1 (16) of the Act.

2. The total amount paid by the licensed distributor under subsection 79.1 (16) of the Act to those entitled consumers.

Payments by the Financial Corporation to the IMO

14.5 (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 section 14.4.

(2) The Financial Corporation shall make the payment required by subsection (1) after receiving from the IMO such information as the Financial Corporation may require concerning the licensed distributor and the retailers and embedded distributors referred to in section 14.4 and concerning the payments to be made by the IMO under that section.

(3) The Financial Corporation shall make the payment required by subsection (1) even if the IMO has not yet made any payment to the licensed distributor under section 14.4.

(4) The Financial Corporation may make the payment required by subsection (1) 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.

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

Reporting to the Financial Corporation

16.1 Upon request, the IMO, a licensed distributor or a retailer shall give the Financial Corporation such information relating to payments required by this Regulation as the Financial Corporation may require, in the form and within the period specified by the Financial Corporation.

3. (1) Subsection 17 (2) of the Regulation is amended by striking out “section 2 or 9” and substituting “section 2, 9 or 14.2”.

(2) Subsection 17 (3) of the Regulation is amended by striking out “section 3, 4, 10 or 11” and substituting “section 3, 4, 10, 11 or 14.3”.