Stopping Electricity Disconnections in the Winter Act, 2017 Smith, Todd — Bill 91 (41st Parliament, 2nd Session)

Bill 91, 41-2

Ontario — Bills

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Bill 91, Stopping Electricity Disconnections in the Winter Act, 2017

Smith, Todd

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Original

[41] Bill 91 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Ontario Energy Board Act, 1998 to

give the Board the power to make rules and licence conditions respecting the

periods during which gas or electricity may not be disconnected from low-volume

consumers. Other amendments are also made to the Act, including the following:

1. It

is provided that the Ontario Energy Board ("the Board") may exercise its powers

with respect to a regulated utility even where a liquidator or similar official

has been appointed with respect to the regulated utility.

2. The

specific timing periods for the Board's orders respecting the reflection in

rates of deferral and variance accounts are removed.

3. The

Board is given the power to publish audit and compliance results of an

inspection, subject to a determination of confidentiality.

4. The

Board is given increased discretion when reviewing acquisitions involving

generators owning transmission or distribution assets or transmitters or distributors

owning generation assets and also given the power to exempt certain minor

transactions from review.

The

Bill also amends the Electricity Act, 1998 to

provide market participants with a more flexible appeals process that allows

the Ontario Energy Board up to 120 days to make a final decision in an appeal

from an amendment of the market rules.

Bill 91 2017

Act to amend the Electricity Act, 1998 and 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:

Electricity

Act, 1998

Subsection 33 (6) of the Electricity Act, 1998 is

amended by striking out "60 days" and substituting "120 days".

Ontario

Energy Board Act, 1998

(1) Clause (

d) of the definition of "enforceable provision" in

section 3 of the Ontario Energy Board Act, 1998 is

amended by striking out "subsection 5 (3), (4), (5) or (6)" at the beginning

and substituting "subsection 5 (4), (5), (6) or (7)".

(2) The

Act is amended by adding the following section:

Liquidators,

etc.

21.1

(1) None

of the following prevent the exercise by the Board of any jurisdiction conferred

by this or any other Act with respect to a regulated utility:

1. The

fact that a liquidator, receiver, manager or other official of the regulated

utility has been appointed by a court in Ontario.

2. The

fact that a writ of sequestration has been issued in Ontario with respect to

the regulated utility.

3. The

fact that a person is managing or operating the regulated utility under the

authority of a court in Ontario.

Obligations

of liquidators, etc.

(2) A

regulated utility interim official shall manage and operate the regulated

utility in accordance with,

(

a) this

Act;

(

b) any

other Act, to the extent that it confers jurisdiction on the Board;

(

c) any

applicable licence, order or direction issued by the Board under this Act or an

Act referred to in clause (b);

(

d) any

applicable rule made under

section 44 or code issued under

section 70.1; and

(

e) any

applicable assurance of voluntary compliance given to the Board under

section

112.7.

Must

obey Board

(3) A

regulated utility interim official, and any person acting under a regulated

utility interim official, shall obey all orders of the Board within its

jurisdiction in respect of the regulated utility, and the Board may enforce its

orders against the official or person even though the official or person is

appointed by, or acts under the authority of, a court.

Definitions

(4) In

this section,

"regulated

utility" means,

(

a) a

gas distributor, gas transmitter or storage company whose rates are approved or

fixed by the Board under

section 36, and

(

b) a

distributor or transmitter whose rates are approved or fixed by the Board under

section 78; ("service public réglementé")

"regulated

utility interim official" means,

(

a) a

liquidator, receiver, manager or other official of a regulated utility who has

been appointed by a court in Ontario,

(

b) a

person acting in respect of a regulated utility under the authority of a writ

of sequestration that has been issued in Ontario, or

(

c) a

person who is managing or operating a regulated utility under the authority of

a court in Ontario. ("agent intérimaire d'un service public réglementé")

(3) Subsections

36 (4.1) and (4.2) of the Act are repealed and the following substituted:

Deferral

or variance accounts

(4.1) If

a gas distributor has a deferral or variance account that relates to the

commodity of gas, the Board shall, from time to time, or as prescribed by the

regulations, make an order under this

section that determines whether and how

amounts recorded in the account shall be reflected in rates.

Same

(4.2) If

a gas distributor has a deferral or variance account that does not relate to

the commodity of gas, the Board shall, from time to time, or as prescribed by

the regulations, make an order under this

section that determines whether and

how amounts recorded in the account shall be reflected in rates.

(4) Subclause

44 (1) (b.1) (

i) of the Act is repealed and the following substituted:

(

i) stopping

the distribution of gas to a property, including the manner in which and the

time within which the distribution stops or is to stop, and, with respect to a

low-volume consumer as defined in

section 47, periods during which the

distribution may not be stopped,

(5) Section

44 of the Act is amended by adding the following subsection:

Conflict

with Public Utilities Act

(4.1) In

the event of a conflict between a rule of the Board made under subclause (1)

(b.1) (

i) and anything in

section 59 of the Public

Utilities Act , the rule of the Board prevails.

(6) Sub-subclause

70 (2) (d) (ii.1) (

A) of the Act is repealed and the following substituted:

(

A) the disconnection of the supply of

electricity to a consumer, including the manner in which and the time within

which the disconnection takes place or is to take place, and with respect to a

low-volume consumer, periods during which the disconnection may not take place,

(7) Section

70 of the Act is amended by adding the following subsection:

Conflict

with Electricity Act, 1998

(8) In

the event of a conflict between a licence condition referred to in

sub-subclause (2) (d) (ii.1) (

A) and anything in

section 31 of the Electricity Act, 1998 , the licence condition prevails.

(8) Subsections

78 (6.1) and (6.2) of the Act are repealed and the following substituted:

Deferral

or variance accounts

(6.1) If

a distributor has a deferral or variance account that relates to the commodity

of electricity, the Board shall, from time to time, or as prescribed by the

regulations, make an order under this

section that determines whether and how amounts

recorded in the account shall be reflected in rates.

Same

(6.2) If

a distributor has a deferral or variance account that does not relate to the

commodity of electricity, the Board shall, from time to time, or as prescribed

by the regulations, make an order under this

section that determines whether

and how amounts recorded in the account shall be reflected in rates.

(9) Subsection

79.1 (1) of the Act is amended by striking out "shall provide" and substituting

"may provide".

(10) Subsection

82 (2) of the Act is repealed and the following substituted:

Order

(2) The

Board shall make an order approving a proposal described in

section 80 if it

determines that,

(

a) the

impact of the proposal would not adversely affect the development and

maintenance of a competitive market and the proposal is not inconsistent with

the objectives of the Board or the purposes of the

Electricity Act, 1998 ; or

(

b) the

proposal is required to maintain the reliability of the transmission or

distribution system of the relevant transmitter or distributor.

(11) Subsection

82 (3) of the Act is repealed and the following substituted:

Same

(3) The

Board shall make an order approving a proposal described in

section 81 if it

determines that,

(

a) the

impact of the proposal would not adversely affect the development and

maintenance of a competitive market; and

(

b) the

proposal is not inconsistent with the objectives of the Board or the purposes

of the Electricity Act, 1998.

(12) The

Act is amended by adding the following section:

Exemptions

82.1

(1) The

Board may, without a hearing, establish criteria exempting one or more classes

of transactions or construction activities from the application of

section 80

or 81.

notice if exempt

(2) A

person is not required to give notice of a proposal under

section 80 or 81 if

the proposal meets the criteria established by the Board under subsection (1).

(13) Subsection

110 (3) of the Act is amended by striking out the portion before clause (

a) and

substituting the following:

Notice

(3) No

document, record or copy thereof obtained by an inspector under

section 107 or

108, and no information obtained by an inspector under

section 107, that is not

otherwise public, including being made public by reason of publication under

section 111.1, shall be introduced in evidence in a Board proceeding unless,

. . . .

(14) Subsection

111 (2) of the Act is repealed and the following substituted:

Same

(2) If

any document, record or information obtained by an inspector under

section 107

or 108 that is not otherwise public, including being made public by reason of

publication under

section 111.1, is admitted in evidence in a proceeding under

this Act or any other Act that gives powers or duties to the Board, the Board

may rule on whether the document, record or information is to be kept

confidential.

(15) The

Act is amended by adding the following section:

Publication

of inspection reports

111.1

(1) Despite

section 111 but subject to subsection (2), the Board may publish a document,

record or information obtained by an inspector under

section 107 or 108 as part

of a report that describes an inspection conducted under this Part and the

results or findings of the inspection.

Non-publication

of confidential material

(2) The

Board shall not publish a document, record or information under subsection

(1) that is not otherwise public unless the Board gives the owner of the document

or record or the person who provided the document, record or information an

opportunity to make representations with respect to the intended publication.

(16) Section

112 of the Act is repealed and the following substituted:

Evidence

document, record or information obtained by an inspector under this Part that

is not otherwise public, including being made public by reason of publication

under

section 111.1, is admissible in evidence in any proceeding except a

proceeding in respect of an order of the Board or a proceeding in respect of an

offence under

section 126.

(17) Clause

127 (1) (j.19) of the Act is repealed and the following substituted:

(j.19) prescribing

periods of time for the purpose of subsections 36 (4.1) and (4.2) and 78 (6.1)

and (6.2);

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Stopping Electricity

Disconnections in the Winter Act, 2017 .

Date Bill stage Activity Committee

February 21, 2017

First Reading

Carried on division

Debates and Progress

First Reading

February 21, 2017

Carried on recorded division.

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 91

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

Electricity Act, 1998

Ontario Energy Board Act, 1998

Legislative

Document details

Collection	Ontario — Bills
Citation	Bill 91, 41-2
Type	bill
Volume / chapter	p41 s2 bill 91 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	df972009298e753767c1f4798d06c371e3d7b478

Source file is stored in the law ingest library (html).