Ontario Clean Energy Benefit Act, 2010, S.O. 2010, c. 26, Sched. 13

• Jurisdiction: Ontario

Ontario Clean Energy Benefit Act, 2010

S.o. 2010, chapter 26
Schedule 13

Historical version for the period January 1, 2017 to June 30, 2020.

Note: On a day to be named by proclamation of the Lieutenant Governor, this Act is repealed. See: 2010, c. 26, Sched. 13, s. 18.

Last amendment: 2016, c. 19, s. 16.

CONTENTS

Purpose

1 The purpose of this Act is to provide financial assistance in respect of electricity costs. 2010, c. 26, Sched. 13, s. 1.

Definitions

2 (1) In this Act,

“billing period” means a period of time that is wholly or partly in the eligible period and for which an invoice in respect of an eligible account is issued; (“période de facturation”)

“Board” means the Ontario Energy Board; (“Commission”)

“consumer” means a person,

(a) to whom an invoice is issued in respect of an eligible account for a billing period, or

(b) who is prescribed by the regulations or who satisfies such conditions as may be prescribed by the regulations; (“consommateur”)

“distribution system” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998; (“réseau de distribution”)

“electricity vendor” means the IESO, a licensed distributor, a licensed retailer or a person prescribed by the regulations; (“vendeur d’électricité”)

“eligible account” means, in respect of a consumer, an account with an electricity vendor, or with a person prescribed by the regulations, for the provision of electricity in Ontario if,

(a) the consumer has a demand for electricity of 50 kilowatts or less,

(b) the consumer annually uses not more than 250,000 kilowatt hours of electricity,

(c) the consumer,

(i) carries on a business that is a farming business for the purposes of the Farm Registration and Farm Organizations Funding Act, 1993, and

(ii) holds a valid registration number assigned under that Act or the consumer’s obligation to file a farming business registration form was waived pursuant to an order made under subsection 22 (6) of that Act,

(d) the account relates to,

(i) a dwelling,

(ii) a property, within the meaning of the Condominium Act, 1998,

(iii) a residential complex, within the meaning of subsection 2 (1) of the Residential Tenancies Act, 2006,

(iv) a property that includes one or more housing units and that is owned or leased by a co-operative within the meaning of the Co-operative Corporations Act, or

(e) the consumer or the account satisfies such conditions as may be prescribed by the regulations; (“compte admissible”)

“eligible period” means the period commencing January 1, 2011 and ending on December 31, 2015; (“période admissible”)

“IESO” means the Independent Electricity System Operator; (“SIERE”)

“licensed distributor” means a person licensed under Part V of the Ontario Energy Board Act, 1998 to own or operate a distribution system; (“distributeur titulaire d’un permis”)

“licensed retailer” means a person who is licensed under Part V of the Ontario Energy Board Act, 1998 to retail electricity; (“détaillant titulaire d’un permis”)

“market rules” means the market rules made under section 32 of the Electricity Act, 1998; (règles du marché”)

“regulations” means the regulations made under this Act; (“règlement”)

“retail” has the same meaning as in section 56 of the Ontario Energy Board Act, 1998; (“vendre au détail”)

“unit sub-metering” means activities that are unit sub-metering for the purposes of the Ontario Energy Board Act, 1998; (“activités liées aux compteurs divisionnaires d’unité”)

“unit sub-meter provider” means a person who is licensed to engage in unit sub-metering by the Board under Part V of the Ontario Energy Board Act, 1998. (“fournisseur de compteurs divisionnaires d’unité”) 2010, c. 26, Sched. 13, s. 2 (1); 2013, c. 3, s. 58.

Eligible account

(2) For the purposes of this Act, if a consumer would, but for this subsection, have an eligible account with a licensed retailer and with a licensed distributor, but only one of them issues an invoice to the consumer for a billing period for all amounts payable by the consumer to them for the billing period,

(a) the consumer is deemed to have an eligible account for the billing period only with whichever of them issues the invoice for the billing period; and

(b) the licensed distributor or licensed retailer who issues the invoice for the billing period is deemed to be imposing all charges and other amounts payable under the invoice for the purposes of determining the amount of financial assistance to which the consumer is entitled. 2010, c. 26, Sched. 13, s. 2 (2).

Section Amendments with date in force (d/m/y)

2013, c. 3, s. 58 - 01/06/2014

Base invoice amount

3 (1) For the purposes of this Act, the base invoice amount for a billing period in respect of an eligible account is determined in accordance with the regulations and, unless otherwise prescribed by the regulations, includes, if the invoice is issued by a licensed distributor or a licensed retailer, amounts in respect of,

(a) the commodity price of the electricity;

(b) the rates and charges set out in the applicable rate order issued by the Board under subsection 78 (3) of the Ontario Energy Board Act, 1998 that are not required under subsection (2) or the regulations to be excluded;

(c) any charges related to an assessment under section 26.1 of the Ontario Energy Board Act, 1998;

(d) any adjustment on the invoice required pursuant to section 25.33 of the Electricity Act, 1998;

(e) any debt retirement charge payable by the consumer under subsection 85 (4) of the Electricity Act, 1998; and

(f) the amount of harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) in respect of amounts that are included in the base invoice amount by reason of clauses (a) to (e) or the regulations. 2010, c. 26, Sched. 13, s. 3 (1).

Exclusions

(2) Except as otherwise prescribed by the regulations, the base invoice amount for a billing period must exclude,

(a) the balance of any amounts carried forward from previous invoices;

(b) all penalties and interest;

(c) any charges that do not relate to the consumption of electricity;

(d) the fixed monthly service charge payable by a generation facility, within the meaning of section 56 of the Ontario Energy Board Act, 1998, that is classified as “microFIT” in a rate order issued by the Board under subsection 78 (3) of that Act;

(e) charges labelled as “specific service charges” or “retail service charges” in the applicable rate order issued by the Board under subsection 78 (3) of the Ontario Energy Board Act, 1998;

(f) the amount of any harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) in respect of amounts excluded from the base invoice amount for the billing period under clause (c), (d) or (e) or the regulations; and

(g) any other amounts prescribed by the regulations. 2010, c. 26, Sched. 13, s. 3 (2).

Financial assistance

4 (1) Subject to subsection (1.1), a consumer who has an eligible account during a billing period is entitled to receive financial assistance in respect of the cost of electricity during the billing period in an amount equal to 10 per cent of the base invoice amount for the billing period in respect of the eligible account. 2010, c. 26, Sched. 13, s. 4 (1); 2012, c. 8, Sched. 38, s. 1 (1).

Maximums

(1.1) A consumer is entitled to receive financial assistance under subsection (1) in accordance with the following rules:

1. A consumer (except a consumer described in paragraph 2) is entitled to receive financial assistance in respect of the cost of a maximum of 3,000 kilowatt hours of electricity per eligible account per month, as determined in accordance with the regulations.

2. A consumer who has an eligible account that relates to a multi-unit complex is entitled to receive financial assistance in respect of the eligible account in respect of the cost of such maximum number of kilowatt hours of electricity per month as may be prescribed and as determined in accordance with the regulations. 2012, c. 8, Sched. 38, s. 1 (2).

Effective date

(1.2) The maximums described in subsection (1.1) shall be in effect as of such date or during such period as may be prescribed. 2012, c. 8, Sched. 38, s. 1 (2).

Exception

(2) Despite subsection (1), a consumer is not entitled to receive financial assistance under this Act,

(a) in respect of electricity consumed in generation station service; or

(b) in such circumstances as may be prescribed by the regulations. 2010, c. 26, Sched. 13, s. 4 (2).

Payment of financial assistance

(3) The financial assistance to which a consumer is entitled under this Act shall be paid,

(a) by crediting the consumer’s eligible account; or

(b) in such other manner as may be prescribed by the regulations. 2010, c. 26, Sched. 13, s. 4 (3).

Money appropriated by the Legislature

(4) The money required for the purposes of this Act shall be paid out of the money appropriated for those purposes by the Legislature. 2010, c. 26, Sched. 13, s. 4 (4).

No assignment of financial assistance

(5) An assignment by a consumer to another person or entity, including a licensed retailer, of the consumer’s entitlement to any payment, rebate or credit does not apply to any financial assistance to which the consumer is entitled under this Act, whether the assignment was made before or after this subsection comes into force. 2010, c. 26, Sched. 13, s. 4 (5).

Same

(6) Subsection (7) applies if,

(a) a consumer provides to another person electricity in respect of which the consumer is entitled to financial assistance under subsection (1); and

(b) an invoice for the electricity is issued to the person by the consumer, by an agent of the consumer or by a unit sub-meter provider providing unit sub-metering for the consumer. 2010, c. 26, Sched. 13, s. 4 (6).

Requirement to pass on benefit

(7) Despite subsections (1) and (5), the consumer and every unit sub-meter provider providing unit sub-metering...