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Bill 32, Access to Natural Gas Act, 2018

McNaughton, Hon. Monte Minister of Infrastructure

Royal Assent received. Statutes of Ontario 2018,

chapter 15

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Acts affected

Royal Assent

Original

Bill 32 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 32 and does not form part of the law.

Bill 32 has been enacted as

Chapter 15 of the Statutes of Ontario, 2018.

The

Ontario Energy Board Act, 1998 is amended to

provide rate protection for consumers or classes of consumers with respect to

costs incurred by a gas distributor in making a qualifying investment for the

purpose of providing access to a natural gas distribution system to those

consumers. Gas distributors are entitled to be compensated for any resulting

lost revenue and all consumers, or such classes of consumers as are prescribed,

are required to contribute toward the compensation.

Bill 32 2018

Act to amend the Ontario Energy Board Act, 1998

Her

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

Province of Ontario, enacts as follows:

The Ontario Energy Board Act, 1998 is amended by

adding the following section:

Rate

protection — expansion of natural gas distribution systems

Definition

36.2

(1) In this

section,

“qualifying

investment” means an investment that satisfies the prescribed criteria.

Board

to provide rate protection

(2) The

Board, in approving just and reasonable rates for a gas distributor, shall

provide rate protection for consumers or prescribed classes of consumers with respect

to costs incurred by the gas distributor in making a qualifying investment for

the purpose of providing access to a natural gas distribution system to those consumers

by reducing the rates that would otherwise apply in accordance with the

prescribed rules.

Compensation

(3) A

gas distributor is entitled to be compensated for lost revenue resulting from the

rate reduction provided under subsection (2).

Liability

(4) All

consumers, or such classes of consumers as are prescribed, are required, in accordance

with the regulations, to contribute towards the amount of any compensation

required under subsection (3).

Information,

etc.

(5) If

provided for in the regulations, the Board, gas distributors and other

prescribed persons or entities shall provide such information and reports to

the Ministry of Energy, Northern Development and Mines and to one another as

are necessary to facilitate the implementation, administration, funding and

delivery of the rate protection or of anything else provided for in this section.

Regulations

(6) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

criteria for the purposes of the definition of “qualifying investment” in

subsection (1);

(

b) prescribing

the consumers or classes of consumers eligible for rate protection under this

section;

(

c) prescribing

rules for the calculation of the amount of the rate reduction;

(

d) prescribing

maximum amounts of the total annual value of rate protection that may be

provided under this section;

(

e) prescribing

classes of consumers for the purposes of subsection (4);

(

f) providing

that certain classes of consumers are required to contribute towards the amount

of compensation only in respect of certain gas distributors;

(

g) prescribing

rules respecting the amounts that must be collected to compensate gas

distributors, including rules,

(

i) respecting

the calculation of those amounts,

(ii) establishing

the time and manner of collection,

(iii) requiring

the amounts to be paid in instalments and requiring the payment of interest or

penalties on late payments,

(iv) prescribing

methods of ensuring that the amounts required cannot be bypassed, and

(

v) respecting

the distribution of the amounts collected;

(

h) respecting

the use of money collected in excess of the amount required to compensate gas distributors;

(

i) prescribing

the powers and duties of the Board in relation to the calculation of amounts to

be collected and the time and manner of collection and distribution;

(

j) providing

for and governing the provision of information and reports under subsection

(5);

(

k) prescribing

persons or entities for the purposes of subsection (5);

(

l) requiring

a gas distributor, the Board or other persons or entities to make or receive payments

in respect of rate protection under this section, including prescribing the

circumstances in which such payments are to be made and received;

(

m) governing

invoices issued to consumers who are members of a class of consumers prescribed

for the purposes of subsection (2) or (4) in respect of rate protection under

this section, including,

(

i) prescribing

information that must or may be included on or with the invoices,

(ii) prescribing

requirements that the invoices must meet,

(iii) prescribing

the form of the invoice, including prescribing different requirements and

forms, and

(iv) respecting

the manner in which the invoices are to be provided to consumers;

(

n) respecting

any other matter that the Lieutenant Governor in Council considers necessary in

relation to the rate protection.

Retroactivity

(7) A

regulation made under this

section is, if it so provides, effective with

reference to a period before it is filed.

General

or particular

(8) A

regulation under this

section may be general or particular in application and

may prescribe different rules for different persons or classes of persons.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Access to Natural Gas

Act, 2018 .

Bill 32 Original (PDF)

EXPLANATORY

NOTE

The

Ontario Energy Board Act, 1998 is amended to

provide rate protection for consumers or classes of consumers with respect to

costs incurred by a gas distributor in making a qualifying investment for the

purpose of providing access to a natural gas distribution system to those

consumers. Gas distributors are entitled to be compensated for any resulting

lost revenue and all consumers, or such classes of consumers as are prescribed,

are required to contribute toward the compensation.

Bill 32 2018

Act to amend the Ontario Energy Board Act, 1998

Her

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

Province of Ontario, enacts as follows:

The Ontario Energy Board Act, 1998 is amended by

adding the following section:

Rate

protection — expansion of natural gas distribution systems

Definition

36.2

(1) In

this section,

“qualifying

investment” means an investment that satisfies the prescribed criteria.

Board

to provide rate protection

(2) The

Board, in approving just and reasonable rates for a gas distributor, shall

provide rate protection for consumers or prescribed classes of consumers with respect

to costs incurred by the gas distributor in making a qualifying investment for

the purpose of providing access to a natural gas distribution system to those consumers

by reducing the rates that would otherwise apply in accordance with the

prescribed rules.

Compensation

(3) A

gas distributor is entitled to be compensated for lost revenue resulting from the

rate reduction provided under subsection (2).

Liability

(4) All

consumers, or such classes of consumers as are prescribed, are required, in accordance

with the regulations, to contribute towards the amount of any compensation

required under subsection (3).

Information,

etc.

(5) If

provided for in the regulations, the Board, gas distributors and other

prescribed persons or entities shall provide such information and reports to

the Ministry of Energy, Northern Development and Mines and to one another as

are necessary to facilitate the implementation, administration, funding and

delivery of the rate protection or of anything else provided for in this

section.

Regulations

(6) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

criteria for the purposes of the definition of “qualifying investment” in

subsection (1);

(

b) prescribing

the consumers or classes of consumers eligible for rate protection under this

section;

(

c) prescribing

rules for the calculation of the amount of the rate reduction;

(

d) prescribing

maximum amounts of the total annual value of rate protection that may be

provided under this section;

(

e) prescribing

classes of consumers for the purposes of subsection (4);

(

f) providing

that certain classes of consumers are required to contribute towards the amount

of compensation only in respect of certain gas distributors;

(

g) prescribing

rules respecting the amounts that must be collected to compensate gas

distributors, including rules,

(

i) respecting

the calculation of those amounts,

(ii) establishing

the time and manner of collection,

(iii) requiring

the amounts to be paid in instalments and requiring the payment of interest or

penalties on late payments,

(iv) prescribing

methods of ensuring that the amounts required cannot be bypassed, and

(

v) respecting

the distribution of the amounts collected;

(

h) respecting

the use of money collected in excess of the amount required to compensate gas distributors;

(

i) prescribing

the powers and duties of the Board in relation to the calculation of amounts to

be collected and the time and manner of collection and distribution;

(

j) providing

for and governing the provision of information and reports under subsection

(5);

(

k) prescribing

persons or entities for the purposes of subsection (5);

(

l) requiring

a gas distributor, the Board or other persons or entities to make or receive payments

in respect of rate protection under this section, including prescribing the

circumstances in which such payments are to be made and received;

(

m) governing

invoices issued to consumers who are members of a class of consumers prescribed

for the purposes of subsection (2) or (4) in respect of rate protection under

this section, including,

(

i) prescribing

information that must or may be included on or with the invoices,

(ii) prescribing

requirements that the invoices must meet,

(iii) prescribing

the form of the invoice, including prescribing different requirements and

forms, and

(iv) respecting

the manner in which the invoices are to be provided to consumers;

(

n) respecting

any other matter that the Lieutenant Governor in Council considers necessary in

relation to the rate protection.

Retroactivity

(7) A

regulation made under this

section is, if it so provides, effective with

reference to a period before it is filed.

General

or particular

(8) A

regulation under this

section may be general or particular in application and

may prescribe different rules for different persons or classes of persons.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Access to Natural Gas

Act, 2018 .

Date Bill stage Event Outcome Committee

December 6, 2018

Royal Assent

Royal Assent received

December 5, 2018

Third Reading

Vote

Carried on division

December 5, 2018

Third Reading

Debated

December 4, 2018

Third Reading

Debated

November 29, 2018

Third Reading

Debated

November 28, 2018

Third Reading

Debated

November 27, 2018

Third Reading

Debated

November 22, 2018

Third Reading

Debated

November 20, 2018

Second Reading

Ordered for Third Reading pursuant to the Order of the House

November 20, 2018

Second Reading

Reported without amendment

November 19, 2018

Second Reading

Consideration of a Bill

Standing Committee on General Government

October 31, 2018

Second Reading

Consideration of a Bill

Standing Committee on General Government

October 30, 2018

Second Reading

Motion to authorize sitting times

October 29, 2018

Second Reading

Ordered referred to Standing Committee pursuant to the Order of the House

Standing Committee on General Government

October 29, 2018

Second Reading

Vote

Carried

October 29, 2018

Second Reading

Question put

October 25, 2018

Second Reading

Time allocated

October 24, 2018

Second Reading

Debated

October 23, 2018

Second Reading

Debated

October 18, 2018

Second Reading

Debated

October 4, 2018

Second Reading

Debated

October 3, 2018

Second Reading

Debated

September 19, 2018

First Reading

Vote

Carried on division

Debates and Progress

First Reading

September 19, 2018

Carried on division

Committee

Second Reading

October 3, 2018

Principal Debaters :

Hon. Monte McNaughton, Mr. Stephen Lecce, Ms. Jennifer K. French

Questions and Comments :

Mr. Michael Mantha, Mrs. Belinda Karahalios, Ms. Judith Monteith-Farrell, Ms. Andrea Khanjin

October 4, 2018

Principal Debaters :

Ms. Jennifer K. French, Mrs. Jennifer (Jennie) Stevens, Mr. Mike Harris

Questions and Comments :

Mr. Parm Gill, Mr. Jeff Burch, Mr. Billy Pang, Mr. Jamie West, Mrs. Nina Tangri, Mr. Vijay Thanigasalam

October 4, 2018 (Conitinued)

October 18, 2018

Principal Debaers :

Mr. Mike Harris, Miss Kinga Surma, Mr. Faisal Hassan

Questions and Comments :

Mme France Gélinas, Ms. Andrea Khanjin, Mr. Guy Bourgouin, Mrs. Nina Tangri, Mr. Rudy Cuzzetto, Mr. Paul Miller, Mr. Vijay Thanigasalam, Ms. Laura Mae Lindo, Mr. Jamie West, Mr. Jim McDonell, Mr. Jeff Burch, Ms. Christine Hogarth

October 23, 2018

Principal Debaters :

Mme France Gélinas, Mr. Michael Coteau, Ms. Goldie Ghamari, Miss Monique Taylor, Mr. Ian Arthur, Mr. Kaleed Rasheed

Questions and Comments :

Mr. Paul Calandra, Ms. Rima Berns-McGown, Mr. Parm Gill, Ms. Laura Mae Lindo, Mr. Sam Oosterhoff, Mr. Jamie West, Mr. Jim McDonell, Mr. Terence Kernaghan, Mr. Jeff Burch, Mr. Robert Bailey, Mr. Mike Harris, Ms. Donna Skelly, Ms. Jessica Bell, Mr. Vijay Thanigasalam

October 24, 2018

Principal Debaters :

Mr. Kaleed Rasheed, Mr. Terence Kernaghan, Mr. Doug Downey, Mr. John Vanthof, Mrs. Robin Martin

Questions and Comments :

Miss Monique Taylor, Mr. Ross Romano, Mr. Jeremy Roberts, Mr. Prabmeet Singh Sarkaria, Ms. Jill Andrews, Mr. Roman Baber, Mrs. Belinda Karahalios, Ms. Doly Begum, Mrs. Amy Fee, Mr. Stephen Lecce, Ms. Sara Singh, Mr. Gilles Bisson, Mr. David Piccini, Mrs. Lisa Gretzky

Time Allocation

October 25, 2018

Hon. Todd Smith, Mr. Gilles Bisson, Mme France Gélinas, Ms. Laura Mae Lindo, Mr. Stephen Lecce

Vote deferred

October 25, 2018

Carried on recorded division.

October 29, 208

Declared carried. Referred to the Standing Committee on General Government pursuant to the order of the House.

Committee

Standing Committee on General Government

October 31, 2018

November 19, 2018

November 20, 2018

Reported to the House without amended. Ordered for third reading pursuant to the order of the House.

Third Reading

November 22, 2018

Principal Debaters :

Hon. Peter Bethlenfalvy, Mr. Stephen Lecce

Questions and Comments :

Mr. Guy Bourgouin, Mr. Dave Smith, Mr. Jamie West, Mr. Daryl Kramp

November 27, 2018

Principal Debaters :

Mr. Peter Tabuns, Ms. Jennifer K. French, Mr. Parm Gill

Questions and Comments :

Ms. Donna Skelly, Ms. Rima Berns-McGown, Mr. Vijay Thanigasalam, Mr. Tom Rakocevic

November 28, 2018

Principal Debaters :

Mr. Gilles Bisson, Mrs. Amy Fee, Mr. John Vanthof

Questions and Comments :

Mrs. Belinda Karahalios, Mr. Guy Bourgouin, Mr. Ross Romano, Mr. Taras Natyshak, Ms. Sandy Shaw, Mr. Aris Babikian, Mr. Chris Glover, Mr. Vijay Thanigasalam

November 29, 2018

Principal Debaters :

Mrs. Nina Tangri, Mr. Vijay Thanigasalam, Mme France Gélinas

Questions and Comments :

Mr. Jamie West, Mr. Billy Pang, Mr. Joel Harden, Mr. Logan Kanapathi, Mrs. Belinda Karahalios, Mr. Guy Bourgouin, Mr. Mike Harris, Mr. Terence Kernaghan

December 4, 2018

Principal Debaters :

Ms. Jessica Bell, Mr. Mike Schreiner, Mr. Randy Pettapiece, Mr. Terence Kernaghan, Mr. Daryl Kramp

Questions and Comments :

Mrs. Amy Fee, Mme France Gélinas, Mr. Mike Harris, Mr. Tom Rakocevic, Mr. Vijay Thanigasalam, Mr. Sam Oosterhoff, Mr. Paul Miller, Mr. Parm Gill, Mr. Gurratan Singh, Mr. Sheref Sabawy, Ms. Teresa J. Armstrong, Ms. Goldie Ghamari, Mr. Norman Miller, Ms. Rima Berns-McGown, Mr. Kaleed Rasheed, Mrs. Gila Martow, Ms. Jill Dunlop, Mr. Paul Calandra

December 5, 2018

Principal Debaters :

Mr. Guy Bourgouin, Mr. Ross Romano

Questions and Comments :

Mr. John Vanthof, Mr. Chris Glover, Mr. Gilles Bisson

Vote deferred.

December 5, 2018

Carried on recorded division.

Royal Assent

Thursday, December 6, 2018

Acts affected - Bill 32

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Ontario Energy Board Act, 1998

Legislative Assembly of Ontario

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