O. Reg. 476/05: Reaffirmation of Contracts under section 88.9.1 of the Act

 

ontario regulation 476/05

made under the

Ontario Energy Board Act, 1998

Made: August 18, 2005
Filed: August 23, 2005
Printed in The Ontario Gazette: September 10, 2005

ReAffirmation of Contracts Under section 88.9.1 of the Act

Definitions

1. In this Regulation,

“existing contract” means a contract for electricity to which section 88.9.1 of the Act applies,

(a) that has not ceased to have effect before the day this Regulation comes into force, and

(b) that is not a contract described in paragraph 1, 2 or 3 of subsection 88.9 (16) of the Act;

“operative day” means, in respect of an existing contract,

(a) the day on which a written copy of the existing contract is delivered to the consumer if,

(i) the existing contract is entered into on or after the day this Regulation comes into force, or

(ii) the existing contract was entered into before the day this Regulation comes into force but the written copy of the contract is delivered to the consumer on or after the day this Regulation comes into force,

(b) the day the existing contract is renewed, if the existing contract is renewed on or after the day this Regulation comes into force, or

(c) the day this Regulation comes into force if,

(i) the existing contract was entered into before that day and a written copy of the contract was delivered to the consumer before that day, or

(ii) the existing contract was renewed before that day.

Prescribed date

2. October 1, 2005 is the day that is prescribed for the purposes of subsection 88.9.1 (1) of the Act.

Reaffirmation of existing contract

3. (1) A consumer who wants to reaffirm his or her existing contract under section 88.9.1 of the Act shall do so by giving notice in writing or by telephone indicating his or her intention to reaffirm the existing contract to the retailer at any time during the period commencing the 10th day following the operative day for the existing contract and ending the 60th day following the operative day.

(2) Despite subsection (1), notice may be given to a retailer by telephone only if a voice recording of the telephone notice is made and, on request, is given to the consumer.

(3) If written notice is given other than by personal service, it shall be deemed to have been given when sent.

Date existing contract ceases to have effect

4. For the purposes of subsection 88.9.1 (2) of the Act, if an existing contract is not reaffirmed in accordance with section 3, it ceases to have effect on the 61st day following the operative day for the contract.

s. 88.9 of the Act not applicable re certain existing contracts

5. (1) Subsections 88.9 (3) and (6) of the Act do not apply to a consumer in respect of an existing contract if the consumer enters into the existing contract on or after the day this Regulation comes into force or during the 60 days immediately before the day this Regulation comes into force.

(2) A reaffirmation of an existing contract by a consumer under section 88.9.1 of the Act in accordance with section 3 shall be considered to be a reaffirmation of the contract in accordance with subsection 88.9 (4) of the Act for the purposes of clause 88.9 (10) (b) of the Act.