Energy Competition Act, 1998 Wilson, Hon. Jim Minister of Energy, Science and Technology — Bill 35 (36th Parliament, 2nd Session)

Bill 35, 36-2

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Bill 35, Energy Competition Act, 1998

Wilson, Hon. Jim Minister of Energy, Science and Technology

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As Amended by Standing Committee

[36] Bill 35 As Amended by Standing Committee (PDF)

B035_E

Bill 35 1998

An Act to create jobs and protect consumers by promoting low-cost energy

through competition, to protect the environment, to provide for pensions and

to make related amendments to certain Acts

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Electricity Act, 1998

(1) The Electricity Act, 1998 , as set out in

Schedule A, is hereby enacted.

Ontario Energy Board Act, 1998

(2) The Ontario Energy Board Act, 1998 , as set out in

Schedule B,

is hereby enacted.

Toronto District Heating Corporation Act, 1998

(2.1) The Toronto District Heating Corporation Act, 1998 , as set

out in

Schedule B.1, is hereby enacted.

Schedules C and D

(3) Schedules C and D are hereby enacted.

Commencement

(1) Subject to subsection (2), this Act comes into force on the

day it receives Royal Assent.

Same

(2) Each

Schedule to this Act comes into force as provided in the

commencement

section at or near the end of the Schedule.

Short title

3. The

short title of this Act is the Energy Competition Act,

1998 .

SCHEDULE A

ELECTRICITY ACT, 1998

CONTENTS

Part

III

VII

VIII

XII

General

Independent Electricity Market Operator

The Electricity Markets

Access to Transmission and Distribution Systems

Market Rules

Investigations

Abuse of Market Power

Emergency Plans

Powers of Entry

Property Interests

The Generation Corporation and the Services Corporation

The Financial Corporation

Special Payments

Pension Plans

Electrical Safety Code

Regulations

Transition-Ontario Hydro

Transition-Municipal Electricity Utilities

Commencement and

Short Title

Sections

1-2.1

3-24

25-44

25-29

30-34

38, 38.1

39-44

45-50

51-81

82-90

91-104

107-128

129-148

149, 150

Partie

III

VII

VIII

XII

Dispositions générales

Société indépendante de gestion du marché de

l'électricité

Les marchés de l'électricité

Accès aux réseaux de transport et de distribution

Règles du marché

Enquêtes

Abus du pouvoir sur le marché

Plans d'urgence

Pouvoirs d'entrée

Intérêts de propriété

Société de production et Société des services

Société financière

Paiements spéciaux

Régimes de retraite

Code de l'électricité

Règlements

Dispositions transitoires - Ontario Hydro

Dispositions transitoires - services municipaux

d'électricité

Entrée en vigueur et

titre abrégé

Articles

1-2.1

3-24

25-44

25-29

30-34

38, 38.1

39-44

45-50

51-81

82-90

91-104

107-128

129-148

149, 150

______________

______________

PART I

GENERAL

Purposes

1. The purposes of this Act are,

(

a) to facilitate competition in the generation and sale of electricity

and to facilitate a smooth transition to competition;

(

b) to provide generators, retailers and consumers with non-discriminatory

access to transmission and distribution systems in Ontario;

(

c) to protect the interests of consumers with respect to prices and the

reliability and quality of electricity service;

(

d) to promote economic efficiency in the generation, transmission and

distribution of electricity;

(

e) to ensure that Ontario Hydro's debt is repaid in a prudent manner and

that the burden of debt repayment is fairly distributed;

(

f) to facilitate the maintenance of a financially viable electricity

industry; and

(

g) to facilitate energy efficiency and the use of cleaner, more

environmentally benign energy sources in a manner consistent with the

policies of the Government of Ontario.

Definitions

(1) In this Act,

affiliate", with respect to a corporation, has the same meaning as in the

Business Corporations Act\; ("membre du même groupe")

ancillary services" means services necessary to maintain the reliability

of the IMO-controlled grid, including frequency control, voltage control,

reactive power and operating reserve services; ("services accessoires")

Board" means the Ontario Energy Board; ("Commission")

consumer" means a person who uses, for the person's own consumption,

electricity that the person did not generate; ("consommateur")

distribute", with respect to electricity, means to convey electricity at

voltages of 50 kilovolts or less; ("distribuer")

distribution system" means a system for distributing electricity, and

includes any structures, equipment or other things used for that purpose;

("réseau de distribution")

distributor" means a person who owns or operates a distribution system;

("distributeur")

Electrical Safety Authority" means the person or body designated by the

regulations as the Electrical Safety Authority; ("Office de la

sécurité des installations électriques")

Financial Corporation" means Ontario Hydro Financial Corporation, as

continued under

Part V; ("Société financière")

generate", with respect to electricity, means to produce electricity or

provide ancillary services, other than ancillary services provided by a

transmitter or distributor through the operation of a transmission or

distribution system; ("produire")

Generation Corporation" means the corporation designated as the Ontario

Electricity Generation Corporation under

Part IV; ("Société de

production")

generation facility" means a facility for generating electricity or

providing ancillary services, other than ancillary services provided by a

transmitter or distributor through the operation of a transmission or

distribution system, and includes any structures, equipment or other things

used for that purpose; ("installation de production")

generator" means a person who owns or operates a generation facility;

("producteur")

Governance and Structure By-law" means the by-law made under subsection 15

(2); ("règlement de régie")

IMO" means the Independent Electricity Market Operator established under

Part II; ("SIGMÉ")

IMO-administered markets" means the markets established by the market

rules; ("marchés administrés par la SIGMÉ")

IMO-controlled grid" means the transmission systems with respect to which,

pursuant to agreements, the IMO has authority to direct operations;

("réseau dirigé par la SIGMÉ")

integrated power system" means the IMO-controlled grid and the structures,

equipment and other things that connect the IMO-controlled grid with

transmission systems and distribution systems in Ontario and transmission

systems outside Ontario; ("réseau d'électricité

intégré")

licence" means a licence issued under

Part V of the Ontario Energy

Board Act, 1998\; ("permis")

market participant" means a person who is authorized by the market rules

to participate in the IMO-administered markets or to cause or permit

electricity to be conveyed into, through or out of the IMO-controlled grid;

("intervenant du marché")

market participant" means a person who is authorized by the market rules

to participate in the IMO-administered markets; ("intervenant du

marché")

market rules" means the rules made under

section 30; ("règles du

marché")

Minister" means the Minister of Energy, Science and Technology;

("ministre")

regulations" means the regulations made under this Act;

("règlements")

retail", with respect to electricity, means,

(

a) to sell or offer to sell electricity to a consumer,

(

b) to act as agent or broker for a retailer with respect to the sale or

offering for sale of electricity, or

(

c) to act or offer to act as an agent or broker for a consumer with

respect to the sale or offering for sale of electricity; ("vendre au

détail") "

retailer" means a person who retails electricity; ("détaillant")

service area", with respect to a distributor, means the area in which the

distributor is authorized by its licence to distribute electricity; ("secteur

de service")

Services Corporation" means the corporation designated as the Ontario

Electric Services Corporation under

Part IV; ("Société des

services")

standards authority" means the North American Electric Reliability

Council, any successor thereof, or any other agency or body that recommends

standards or criteria relating to the reliability of transmission systems;

("organisme de normalisation")

subsidiary", with respect to a corporation, has the same meaning as in the

Business Corporations Act\; ("filiale")

transmission system" means a system for transmitting electricity, and

includes any structures, equipment or other things used for that purpose;

("réseau de transport")

transmit", with respect to electricity, means to convey electricity at

voltages of more than 50 kilovolts; ("transporter")

transmitter" means a person who owns or operates a transmission system;

("transporteur")

voting security" has the same meaning as in the Business Corporations

Act. ("valeur mobilière avec droit de vote")

Determinations of Board

(2) The

definitions of "distribute", "distribution system", "distributor",

"transmission system", "transmit" and "transmitter" in subsection (1) are

subject to any determination made under

section 83 of the Ontario Energy

Board Act, 1998 .

References to Ontario Hydro

(3) Subject to the regulations, a reference in this or any other

Act or in the regulations made under this or any other Act to Ontario Hydro

shall be deemed, after

section 51 comes into force, to be a reference to the

Financial Corporation, unless the context requires otherwise.

References to Financial Corporation

(4) A reference in this or any other Act or in the regulations made under

this or any other Act to the Financial Corporation shall be deemed, before

section 51 comes into force, to be a reference to Ontario Hydro, unless the

context requires otherwise.

Public Utilities Act

2.1 This Act applies despite the Public Utilities

Act .

PART II

INDEPENDENT ELECTRICITY MARKET OPERATOR

Establishment

(1) A corporation without share capital to be known in

Société indépendante de gestion du marché de

l'électricité is hereby established.

Composition

(2) The IMO is composed of those persons who, from time to time, comprise

its board of directors.

Objects

(1) The objects of the IMO are,

(

a) to exercise and perform the powers and duties assigned to the IMO

under this Act, the market rules and its licence;

(

b) to enter into agreements with transmitters giving the IMO authority to

direct the operations of their transmission systems;

(

c) to direct the operations and maintain the reliability of the

IMO-controlled grid to promote the purposes of this Act;

(

d) to establish and operate the IMO-administered markets to promote the

purposes of this Act;

(

e) to collect and provide to the public information relating to the

current and future electricity needs of Ontario and the capacity of the

integrated power system to meet those needs;

(

f) to participate in the development by any standards authority of

standards and criteria relating to the reliability of transmission

systems;

(

g) to work with the responsible authorities outside Ontario to

co-ordinate the IMO's activities with their activities.

Not for profit

(2) The business and affairs of the IMO shall be carried on without the

purpose of gain and any profits shall be used by the IMO for the purpose of

carrying out its objects.

Capacity

(3) The IMO has the capacity and the rights, powers and privileges of a

natural person for the purpose of carrying out its objects.

Not Crown agent

5. The IMO is not an agent of Her Majesty for any

purpose, despite the Crown Agency Act .

Board of directors

(1) The IMO's board of directors shall manage or

supervise the management of the IMO's business and affairs.

Composition

(2) The board of directors shall be composed of,

(

a) the chief executive officer of the IMO; and

(

b) at least 10 and not mo

Document details

Collection	Ontario — Bills
Citation	Bill 35, 36-2
Type	bill
Volume / chapter	p36 s2 bill 35 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	020490cd47ead10c0470566572048821b3fab082

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