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Volume 60, No. 5

117/2017

The British Columbia Gazette,

Part II

March 28, 2017

B.C. Reg. 117/2017 , deposited March 24, 2017, under the UTILITIES COMMISSION ACT [section 125.1]. Ministerial Order M138/2017, dated March 22, 2017.

I, Bill Bennett, Minister of Energy and Mines and Minister Responsible for Core

Review, order that

(

a) the Demand-Side Measures Regulation, B.C. Reg. 326/2008, is amended as set

out in the attached Schedule, and

(

b) the amendments made in accordance with paragraph (

a) of this order do not

apply with respect to the application for acceptance, under

section 44.2 of the Utilities Commission Act , of the demand-side management expenditure

schedule included in the revenue requirement

application submitted by the authority to the commission on July 28, 2016.

— W. R. BENNETT, Minister of Energy and Mines and Minister Responsible for Core Review .

Schedule

Section 1 of the Demand-Side Measures Regulation, B.C. Reg. 326/2008, is amended

(

a) by adding the following

definitions:

“charity program” means a program to reduce energy consumption in buildings

(

a) owned and used by a charity that provides assistance to low-income persons,

(

b) leased by a charity that provides assistance to low-income persons, if the

benefits of the program accrue primarily to the charity;

“energy management program” means a program to assist customers to optimize energy use; ,

(

b) by repealing the definition of “public entity” and substituting the following:

“public entity” means

(

a) a local government,

(

b) a first nation,

(

c) a society incorporated under the Societies Act , other than a member-funded society as defined in

section 190 of that Act, or

(

d) a trade union; ,

(

c) in the definition of “specified demand-side measure” by adding the following paragraph:

(c.1) an energy management program, ,

(

d) by repealing paragraphs (

a) and (

c) of the definition of “specified proposal” and substituting the following:

(

a) a proposal respecting an amendment to the regulation referred to in paragraph

(

a) of the definition of “specified standard”, if the proposal is published by the

government;

(

c) a proposal respecting an amendment to the regulation referred to in paragraph

(

c) of the definition of “specified standard”, if the proposal is published by the

government; , and

(

e) by adding the following definition:

“step code” , in relation to a building to which

Part 3 or 9 of the British Columbia Building

Code (the Code) applies, means energy efficiency requirements in a regulation made

under

section 3 of the Building Act that are more stringent than the requirements in

(

a) Sentence 10.2.1.1. (1) of the Code, for buildings to which

Part 3 of the Code

applies, or

(

b) Subsections 9.36.2. to 9.36.4. of the Code, for buildings to which

Part 9

of the Code applies.

Section 3 is amended

(

a) by renumbering the

section as

section 3 (1),

(

b) by repealing subsection (1) (a) (ii) (

A) and (

B) and substituting the following:

(

A) a housing provider that is a local government, a society as defined in

section 1

of the Societies Act , other than a member-funded society as defined in

section 190 of that Act, or an

association as defined in

section 1 (1) of the Cooperative Association Act , or

(

B) the governing body of a first nation, ,

(

c) by repealing subsection (1) (a) (ii) (

E) and substituting the following:

(

E) a governing body referred to in clause (

B) if the households in the governing

body’s housing are primarily low-income households; ,

(

d) in subsection (1) by adding the following paragraphs:

(

e) one or more demand-side measures to provide resources as set out in paragraph

(

e) of the definition of “specified demand-side measure”, representing no less than

(

i) an average of 1% of the public utility’s plan portfolio’s expenditures per

year over the portfolio’s period of expenditures, or

(ii) an average of $2 million per year over the portfolio’s period of expenditures;

(

f) one or more demand-side measures intended to result in the adoption by local

governments and first nations of a step code or more stringent requirements within

a step code. , and

(

e) by adding the following subsection:

(2) The commission, when considering whether a plan portfolio is adequate under

subsection (1), may consider a demand-side measure that is not included in the plan

portfolio to be a part of the plan portfolio.

Section 4 is amended

(

a) in subsection (1.1) by striking out “ The commission ” and substituting “ Subject to subsection (2), the commission ”,

(

b) in subsection (1.1) (

c) by striking out “ not referred to in

section 3 (a) ” and substituting “ that is not referred to in

section 3 (1) (

a) and that is not a charity program ”,

(

c) in subsection (1.1) by adding the following paragraph:

(

d) the benefit of the demand-side measure is what it would have been had no step

code been adopted in the Province. ,

(

d) in subsection (1.5) by adding “ , other than a demand-side measure referred to in

section 3 (1) (

a) or a charity

program, ” after “ must determine that a demand-side measure ”,

(

e) in subsection (1.5) (b) (iii) by striking out “ 33% ” and substituting “ 40% ”,

(

f) in subsection (1.8) by adding the following paragraph:

(a.1) a charity program, ,

(

g) in subsection (1.8) (

c) by striking out “

section 3 (a) ” and substituting “

section 3 (1) (a) ”,

(

h) in subsection (2) by striking out “

section 3 (a) ” and substituting “

section 3 (1) (

a) or a charity program ”, and

(

i) by repealing subsection (2) (

b) and substituting the following:

(

b) in using the total resource cost test, make the adjustments referred to in

subsection (1.1) (

a) and (

b) and then increase the value of the benefit of the demand-side

measure by 40%.

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