No Freezing in the Dark Act (Ontario Energy Board Amendment), 2002 Hampton, Howard — Bill 204 (37th Parliament, 3rd Session)

Bill 204, 37-3

Ontario — Bills

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Bill 204, No Freezing in the Dark Act (Ontario Energy Board Amendment), 2002

Hampton, Howard

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[37] Bill 204 Original (PDF)

Bill 204 2002

An Act to amend the

Ontario Energy Board Act, 1998

to protect residential consumers

from the discontinuance of electricity

and gas supplies during certain months

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

Assembly of the Province of Ontario, enacts as follows:

Section 4 of the Ontario Energy Board Act,

1998 is amended by adding the following subsection:

Special panel

(6) There shall be a special panel of the Board known as the No

Freezing in the Dark Panel, to deal with complaints under subsections 36.0.1

(3) and 79.1 (3).

2. The Act is amended by adding the following

sections:

Supply not to be discontinued during certain months

36.0.1

(1) No gas distributor shall

for any reason, including non-payment, cease delivering gas to a residential

consumer during the period that begins on October 1 in a calendar year and

ends on May 1 in the next calendar year, unless the residential consumer's

written consent is obtained in advance.

No contracting out

(2) Subsection (1) applies despite any agreement to the

contrary.

Complaint

(3) A residential consumer may complain to the Board that a gas

distributor has contravened subsection (1) with respect to the consumer.

Special panel

(4) The special panel described in subsection 4 (6) shall deal

with the complaint and shall render a decision within 48 hours after

receiving the complaint.

Order

(5) If the special panel is satisfied that the gas distributor

contravened subsection (1) with respect to the residential consumer, it shall

order the gas distributor to resume delivering gas to the consumer

immediately.

No reconnection fee

(6) No gas distributor shall charge a reconnection fee or

similar amount for resuming delivering gas in compliance with an order of the

special panel under subsection (5).

Offence

(7) A gas distributor who fails to comply with an order of the

special panel under subsection (5) is guilty of an offence and, on

conviction, is liable to a fine of not more than $1,000,000.

Restriction re security deposits

36.0.2

(1) No gas distributor shall

require a low-income residential consumer to pay a security deposit.

Definitions

(2) In subsection (1),

"low-income residential consumer" means a residential consumer who meets

the conditions prescribed by the regulations; ("consommateur résidentiel

à faible revenu")

"security deposit" means money, property or a right paid or given by, or

on behalf of, a consumer to a gas distributor or to anyone on the gas

distributor's behalf to be held by or for the account of the gas distributor

as security for the performance of an obligation or the payment of a

liability of the consumer or to be returned to the consumer upon the

happening of a condition. ("dépôt de garantie")

Regulation

(3) The Lieutenant Governor in Council may, by regulation,

prescribe the conditions referred to in the definition of "low-income

residential consumer" in subsection (2).

3. The Act is amended by adding the following

sections:

Supply not to be discontinued during certain months

79.1

(1) No distributor shall for

any reason, including non-payment, cease delivering electricity to a

residential consumer during the period that begins on October 1 and ends on

the following May 1, unless the residential consumer's written consent is

obtained in advance.

No contracting out

(2) Subsection (1) applies despite any agreement to the

contrary.

Complaint

(3) A residential consumer may complain to the Board that a

distributor has contravened subsection (1) with respect to the consumer.

Special panel

(4) The special panel described in subsection 4 (6) shall deal

with the complaint and shall render a decision within 48 hours after

receiving the complaint.

Order

(5) If the special panel is satisfied that the distributor

contravened subsection (1) with respect to the residential consumer, it shall

order the distributor to resume delivering electricity to the consumer

immediately.

No reconnection fee

(6) A distributor shall not charge a reconnection fee or

similar amount for resuming delivering electricity in compliance with an

order of the special panel under subsection (5).

Offence

(7) A distributor who fails to comply with an order of the

special panel under subsection (5) is guilty of an offence and, on

conviction, is liable to a fine of not more than $1,000,000.

Restriction re security deposits

79.2

(1) No distributor shall

require a low-income residential consumer to pay a security deposit.

Definitions

(2) In subsection (1),

"low-income residential consumer" means a residential consumer who meets

the conditions prescribed by the regulations; ("consommateur résidentiel

à faible revenu")

"security deposit" means money, property or a right paid or given by, or

on behalf of, a consumer to a distributor or to anyone on the distributor's

behalf to be held by or for the account of the distributor as security for

the performance of an obligation or the payment of a liability of the

consumer or to be returned to the consumer upon the happening of a condition.

("dépôt de garantie")

Regulation

(3) The Lieutenant Governor in Council may, by regulation,

prescribe the conditions referred to in the definition of "low-income

residential consumer" in subsection (2).

Commencement

4. This Act comes into force on the day it receives

Royal Assent.

Short title

5. The

short title of this Act is the No Freezing

in the Dark Act (Ontario Energy Board Amendment), 2002 .

EXPLANATORY NOTE

The Bill amends the Ontario Energy Board Act, 1998 to provide

that supplies of gas and electricity to residential consumers may not be

discontinued without their consent during the period from October 1 to the

following May 1, for any reason including non-payment. The Ontario Energy

Board is required to deal with complaints within 48 hours and to order

reconnection if the distributor has contravened the no discontinuance

provision. The distributor is not permitted to charge a reconnection fee.

Failure to comply with the reconnection order is an offence that may result

in a fine of up to $1,000,000.

The Bill also amends the Act to prohibit requiring security deposits from

low-income residential consumers. "Low-income" is defined by regulation.

Date Bill stage Activity Committee

October 31, 2002

First Reading

Carried

Debates and Progress

First Reading

October

31, 2002

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 204, 37-3
Type	bill
Volume / chapter	p37 s3 bill 204 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	7a92bc59b73a6ca9bccd4d11d5db128f034436dd

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