O. Reg. 366/16: ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT

 

ontario regulation 366/16

made under the

Electricity Act, 1998

Made: November 16, 2016
Filed: November 18, 2016
Published on e-Laws: November 18, 2016
Printed in The Ontario Gazette: December 3, 2016

Amending O. Reg. 429/04

(ADJUSTMENTS UNDER SECTION 25.33 OF THE ACT)

1. The definition of “NAICS” in subsection 5 (1) of Ontario Regulation 429/04 is revoked.

2. (1) Subsection 6.1.1 (1) of the Regulation is amended by striking out “on or after July 1, 2015” in the portion before paragraph 1 and substituting “in 2015 or 2016”.

(2) Subsection 6.1.1 (1) of the Regulation, as amended by subsection (1), is revoked.

(3) Section 6.1.1 of the Regulation is amended by adding the following subsection:

(1.1) A consumer in Ontario that does not satisfy the condition set out in clause 6.1 (2) (a) in respect of a load facility for an adjustment period that begins on or after July 1, 2017 (the “applicable adjustment period”) is a Class A consumer for that load facility and adjustment period if the following conditions are satisfied:

1. The consumer elects, under subsection (3), to be a Class A consumer for the load facility for the applicable adjustment period, or has made such an election for a prior adjustment period and the election has not been revoked.

2. The conditions set out in paragraphs 1, 2 and 4 of subsection 6 (1) are satisfied for the load facility for the applicable adjustment period.

3. The consumer’s maximum hourly demand for electricity for the load facility in a month from the licensed distributor exceeds an average of 1 megawatt but is less than or equal to an average of 5 megawatts for the applicable base period.

(4) Subsection 6.1.1 (3) of the Regulation is revoked and the following substituted:

(3) A consumer may elect to be a Class A consumer in respect of a load facility for an adjustment period, by giving written notice of the election to its licensed distributor no later than June 15 of the calendar year in which the adjustment period begins.

(5) Paragraph 2 of subsection 6.1.1 (4) of the Regulation is revoked.

(6) Paragraph 3 of subsection 6.1.1 (4) of the Regulation is revoked and the following substituted:

3. The consumer’s maximum hourly demand for electricity for the load facility in a month from the licensed distributor for the applicable base period does not meet the requirements of this section.

3. Sections 6.2 and 6.3 of the Regulation are revoked.

4. (1) Subsection 7.1.1 (1) of the Regulation is amended by striking out “on or after July 1, 2015” in the portion before paragraph 1 and substituting “in 2015 or 2016”.

(2) Subsection 7.1.1 (1) of the Regulation, as amended by subsection (1), is revoked.

(3) Section 7.1.1 of the Regulation is amended by adding the following subsection:

(1.1) A market participant in Ontario that does not satisfy the condition set out in clause 7.1 (2) (a) in respect of a load facility for an adjustment period that begins on or after July 1, 2017 (the “applicable adjustment period”) is a Class A market participant for that load facility and adjustment period if the following conditions are satisfied:

1. The market participant elects, under subsection (3), to be a Class A market participant for the load facility for the applicable adjustment period, or has made such an election for a prior adjustment period and the election has not been revoked.

2. The conditions set out in paragraphs 1, 2 and 4 of subsection 7 (1) are satisfied for the load facility for the applicable adjustment period.

3. The market participant’s maximum hourly demand for electricity for the load facility in a month, as determined by the IESO, exceeds an average of 1 megawatt but is less than or equal to an average of 5 megawatts for the applicable base period.

(4) Subsection 7.1.1 (3) of the Regulation is revoked and the following substituted:

(3) A market participant may elect to be a Class A market participant in respect of a load facility for an adjustment period by giving written notice of the election to the IESO no later than June 15 of the calendar year in which the adjustment period begins.

(5) Paragraph 2 of subsection 7.1.1 (4) of the Regulation is revoked.

(6) Paragraph 3 of subsection 7.1.1 (4) of the Regulation is revoked and the following substituted:

3. The market participant’s maximum hourly demand for electricity for the load facility in a month, as determined by the IESO, does not meet the requirements of this section.

5. Sections 7.2 and 7.3 of the Regulation are revoked.

Commencement

6. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2017 and the day it is filed.

(2) Section 1, subsections 2 (2) and (5) and subsections 4 (2) and (5) come into force on July 1, 2017.