Ontario Rebate for Electricity Consumers Act, 2016, S.O. 2016, c. 19

• Jurisdiction: Ontario

Ontario Rebate for Electricity Consumers Act, 2016

S.o. 2016, chapter 19

Consolidation Period: From November 1, 2019 to the e-Laws currency date.

Last amendment: 2019, c. 6, Sched. 4.

CONTENTS

Definitions

1 (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 the consumer and the account satisfy the conditions prescribed by the regulations; (“compte admissible”)

“eligible period” means the period commencing January 1, 2017; (“période admissible”)

“IESO” has the same meaning as in subsection 2 (1) of the Electricity Act, 1998; (“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”) 2016, c. 19, s. 1 (1); 2019, c. 6, Sched. 4, s. 1

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. 2016, c. 19, s. 1 (2).

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

2019, c. 6, Sched. 4, s. 1 – 01/11/2019

2 Repealed: 2019, c. 6, Sched. 4, s. 2.

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

2019, c. 6, Sched. 4, s. 2 – 01/11/2019

Financial assistance

3 (1) A consumer who has an eligible account during a billing period is entitled to receive the financial assistance that is prescribed by the regulations in respect of the cost of electricity during the billing period in relation to the eligible account. 2019, c. 6, Sched. 4, s. 3.

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;

(b) in such circumstances as may be prescribed by the regulations; or

(c) if the regulations prescribe that the consumer is not entitled to receive financial assistance. 2016, c. 19, s. 3 (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. 2016, c. 19, s. 3 (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. 2016, c. 19, s. 3 (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. 2016, c. 19, s. 3 (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. 2016, c. 19, s. 3 (6).

Requirement to pass on benefit

(7) Despite subsections (1) and (5), the consumer and every unit sub-meter provider providing unit sub-metering for the consumer shall ensure that each person who is liable to pay an invoice referred to in clause (6) (b) receives a credit, determined in the manner prescribed by the regulations, in respect of the financial assistance to which the consumer is entitled with respect to electricity the consumer provides to the person. 2016, c. 19, s. 3 (7).

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

2019, c. 6, Sched. 4, s. 3 – 01/11/2019

Invoices

4 (1) Unless otherwise prescribed by the regulations, every electricity vendor who issues an invoice for a billing period to a consumer in respect of an eligible account shall ensure that the invoice meets the following requirements:

1. The invoice must clearly show, in the manner specified by the regulations if any,

i. a credit equal to the amount of the financial assistance provided to the consumer for the billing period, and

ii. the net amount of the invoice after the credit.

2. The invoice must be accompanied by the information required by the regulations. 2019, c. 6, Sched. 4, s. 4 (1).

Invoice issued by consumer, etc.

(2) An invoice that is issued by a consumer, an agent of a consumer, a unit sub-meter provider or another person prescribed by the regulations must be in the form required by the regulations and contain or be accompanied by the information required by the regulations. 2016, c. 19, s. 4 (2).

No effect on entitlement

(3) The entitlement of a consumer to financial assistance under this Act is not affected by any failure of an electricity vendor or person referred to in subsection (2) to comply with an invoicing requirement set out under this Act. 2019, c. 6, Sched. 4, s. 4 (2).

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

2019, c. 6, Sched. 4, s. 4 (1, 2) – 01/11/2019

Financial arrangements

Purposes

5 (1) The purposes of this section are,

(a) to ensure that financial assistance under this Act and the regulations is provided to those persons entitled to receive it; and

(b) to authorize the making of financial arrangements to reimburse electricity vendors, and other persons prescribed by the regulations, for financial assistance provided under this Act and the regulations. 2016, c. 19, s. 5 (1).

Regulations

(2) The Lieutenant Governor in Council may, for the purpose of this section, make regulations,

(a) authorizing the Minister of Energy, Northern Development and Mines to make payments to persons who are electricity vendors or persons prescribed by the regulations in respect of the amount of financial assistance to which consumers are entitled under this Act and prescribing methods for determining the amounts payable;

(b) requiring the IESO to make payments to licensed distributors, or to persons prescribed by the regulations, in respect of financial assistance provided under this Act or the regulations and prescribing methods for determining the amounts payable;

(c) requiring a licensed distributor to make payments to other licensed distributors or licensed retailers in respect of financial assistance under this Act and prescribing methods for determining the amounts payable;

(d) requiring a person who is an electricity vendor or a person prescribed by the regulations to make payments in respect of financial assistance to consumers or other persons entitled to receive the financial assistance and prescribing the circumstances in which such payments are to be made and methods for determining the amounts payable;

(e) authorizing the Minister of Energy, Northern Development and Mines to make payments of financial assistance directly to consumers and prescribing the circumstances when such payments are to be made;

(f) requiring a person who is an electricity vendor or a person prescribed by the regulations to make payments to the Minister of Finance in respect of amounts received by them or in circumstances prescribed by the regulations and prescribing methods for determining the amounts payable;

(g) authorizing payments referred to in clause (a), (b), (c), (d) or (f) to be made by way of set-offs and credits and prescribing conditions entitling or requiring amounts to be set off or credited;

(h) governing the payments required under clause (a), (b), (c), (d) or (f), including methods for paying the amounts payable and when the payments must be made, and governing methods...