Ontario Bill 214 (43rd Parliament, 1st Session)
Bill 214, 43-1
Ontario — Bills
role="main" class="main-container container js-quickedit-main-content" id="main-content">
Bill 214, Affordable Energy Act, 2024
Lecce, Hon. Stephen Minister of Energy and Electrification
Royal Assent received. Statutes of Ontario 2024,
chapter 26
Please select
View bill
Status
Debates
Acts affected
Votes
Royal Assent
As Amended by Standing Committee
Original
Bill 214 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 214 and does not form part of the law.
Bill 214 has been enacted as
Chapter 26 of the Statutes of Ontario, 2024.
SCHEDULE 1
AMENDMENTS RE ENERGY PLANNING
The
Schedule amends the Electricity Act, 1998 . Here are
some highlights:
Section
1 of the Act is amended to provide that one of the purposes of the Act is to
promote electrification and facilitate energy efficiency measures aimed at
using electricity to reduce overall emissions in Ontario.
2. Subsection
6 (1) of the Act is amended to provide that one of the objects of the Independent
Electricity System Operator (IESO) is to engage in activities that promote
electrification and facilitate energy efficiency measures aimed at using
electricity to reduce overall emissions in Ontario.
3. Sections
25.29 and 25.30 of the Act are re-enacted to replace long-term energy plans
with integrated energy plans and to account for that change.
Section
25.31, which provides for the submission of implementation plans by the IESO
and the Ontario Energy Board to the Minister, is repealed.
SCHEDULE 2
AMENDMENTS RE DISTRIBUTION SYSTEM CODE AND TRANSMISSION SYSTEM CODE
The
Schedule gives the Lieutenant Governor in Council two new regulation-making
authorities pertaining to the Distribution System Code and the Transmission
System Code that are issued by the chief executive officer of the Board under
section 70.1 of the Ontario Energy Board Act, 1998 .
The
first new authority, in
section 70.4, permits the Lieutenant Governor in
Council to make regulations specifying amendments to either Code about
specified matters respecting cost allocation and cost recovery relating to the
construction, expansion or reinforcement of distribution systems or
transmission systems, or of connections to those systems. The amendments are
deemed to have been issued under
section 70.1 and must be consolidated into the
applicable Code. The chief executive officer has no authority to amend or
revoke an amendment specified by the Lieutenant Governor in Council for as long
as the regulation specifying the amendment is in force.
The
second new authority, in
section 70.5, permits the Lieutenant Governor in
Council to make regulations exempting persons or things from provisions of the Distribution
System Code and the Transmission System Code relating to cost allocation or
cost recovery, subject to conditions or restrictions the regulations may
specify, as well as regulations relating to cost allocation or cost recovery
that apply to the exempted person or thing instead.
SCHEDULE 3
AMENDMENTS RE ELECTRIC VEHICLE CHARGING
The
Schedule amends the Electricity Act, 1998, the Energy Consumer Protection Act,
2010 and the Ontario Energy Board Act, 1998 in respect of electric vehicle
charging.
The
Ontario Energy Board Act, 1998 is amended to add a new
Part V.2
(electric vehicle charging). The terms “electric vehicle”, “electric vehicle
charging” and “electric vehicle charging station” are defined in the new Part,
but the
definitions can be modified by regulations made by the Lieutenant
Governor in Council. The Part provides that the Act does not apply with respect
to the distribution or retail of electricity for electric vehicle charging.
However, it provides that regulations can be made by the Lieutenant Governor in
Council providing for and governing the application of the Act to those
activities.
The
Schedule also amends the Electricity Act, 1998 and the Energy
Consumer Protection Act, 2010 to add new Parts to those Acts, which
similarly provide that each of those Acts does not apply with respect to the
distribution or retail of electricity for electric vehicle charging, except as
may be provided by regulations made under the applicable Act (except that in
the case of the Electricity Act, 1998 ,
Part VIII of
that Act, dealing with electrical safety, does apply). The terminology used in
the Ontario Energy Board Act, 1998 is incorporated into the new Parts.
Bill 214 2024
Act to amend various energy statutes respecting long term energy planning,
changes to the Distribution System Code and the Transmission System Code and
electric vehicle charging
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule
Amendments
Re Energy Planning
Schedule
Amendments
Re Distribution System Code and Transmission System Code
Schedule
Amendments
Re Electric Vehicle Charging
Preamble
The
Government of Ontario:
Recognizes
the need to ensure Ontario meets the demand for electricity driven by strong
economic growth, increased electrification and population growth.
Supports
a vision for a prosperous, growing economy while reducing emissions and
opposing economically harmful measures such as carbon taxation.
Supports
growth and keeping energy affordable for Ontarians, through an affordable and
reliable energy system that draws on a variety of energy resources, such as
nuclear energy, hydroelectricity, natural gas, hydrogen, solar power and more.
Acknowledges
that meaningful public engagement in an integrated energy planning process,
support for the government’s energy vision and the advancement of
reconciliation with Indigenous communities are important to support building an
energy system in Ontario to meet growth.
Recognizes
Ontario’s long term energy potential, and that effective planning could
position Ontario to both meet demand here at home and support economic growth
by exporting Ontario energy beyond its borders.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Contents
of this Act
This Act consists of this section, sections 2 and 3 and the Schedules to this
Act.
Commencement
(1) Except as otherwise provided in this section, this Act comes
into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any provisions are to come into force on a
day to be named by proclamation of the Lieutenant Governor, a proclamation may
apply to one or more of those provisions, and proclamations may be issued at different
times with respect to any of those provisions.
Short
title
The
short title of this Act is the Affordable Energy Act,
2024 .
SCHEDULE 1
AMENDMENTS RE ENERGY PLANNING
Section 1 of the Electricity Act, 1998 is amended
by adding the following clause:
(a.2) to
promote electrification and facilitate energy efficiency measures aimed at
using electricity to reduce overall emissions in Ontario;
Subsection 6 (1) of the Act is amended by adding the following clause:
(p.1) to
engage in activities that promote electrification and facilitate energy
efficiency measures aimed at using electricity to reduce overall emissions in
Ontario;
Sections 25.29 to 25.31 of the Act are repealed and the following substituted:
Integrated
energy plans
25.29
(1) The
Minister may, subject to the approval of the Lieutenant Governor in Council,
issue an integrated energy plan setting out and balancing the Government of
Ontario’s goals and objectives respecting energy for the period specified by
the plan.
Same
(2) For
the purposes of subsection (1), an integrated energy plan may include goals and
objectives respecting,
(
a) the
affordability of energy for consumers and the cost-effectiveness of planned
energy resources;
(
b) the
availability and reliability of the supply, transmission or distribution of
energy to consumers;
(
c) the
enhancement and expansion of energy infrastructure and resources to support
economic growth and trade;
(
d) the
role of electricity, natural gas, hydrogen and other energy resources, as well
as energy efficiency, storage and demand management, in building a clean energy
economy;
(
e) the
prioritization of nuclear power generation to meet future increases in the
demand for electricity in a manner that is consistent with the policies of the
Government of Ontario;
(
f) the
modernization of energy infrastructure systems and promotion of innovations
that benefit consumers;
(
g) the
cost-effective procurement of electricity resources;
(
h) the
advancement of reconciliation with Indigenous communities, including early
engagement in project planning, consultation and support for Indigenous
leadership and participation in the energy sector;
(
i) the
engagement of interested persons, groups and communities in the energy sector;
and
(
j) any
other related matter the Minister determines should be addressed.
Consultation
required
(3) The
Minister shall, before issuing an integrated energy plan under subsection (1),
consult with any consumers, distributors, generators, transmitters, Indigenous communities
or other persons or groups that the Minister considers appropriate about the
matters that are proposed to be addressed by the integrated energy plan, and
the Minister shall consider the results of such consultation in developing the integrated
energy plan.
Timing
(4) The
Minister shall begin the consultations described in subsection (3) on the
second integrated energy plan and any subsequent plan on or before the fifth
anniversary of the date on which the previous plan was issued.
Notice
(5) The
Minister shall publish notice of consultations under subsection (3), together
with any relevant background materials or other information the Minister
considers appropriate, in the environmental registry established under
section
5 of the Environmental Bill of Rights, 1993 .
Participation
(6) The
Minister shall take steps to promote the participation of the persons or groups
with whom the Minister intends to consult under subsection (3), including
scheduling one or more consultation meetings, where the Minister considers it appropriate
to do so.
Technical
reports, etc.
(7) If
required by the regulations, the Minister shall consider any prescribed
technical reports or other reports, documents or information in the development
of the integrated energy plan.
Reports
and documents to be publicly available
(8) The
Minister shall make the reports, documents and information referred to in
subsection (7) available to the public by posting them on a Government of
Ontario website.
Publication
(9) On
issuing an integrated energy plan under subsection (1), the Minister shall post
it on a Government of Ontario website and shall also post or publish any other
information, such as key data and cost projections, used in the development of
the integrated energy plan that the Minister determines should be made publicly
available.
Implementation
directives
the IESO
25.30
(1) The Minister
may, subject to the approval of the Lieutenant Governor in Council, issue a
directive to the IESO that sets out the Government of Ontario’s requirements
respecting the implementation of the integrated energy plan by the IESO and any
other related requirements, other than matters listed in subsection 25.32 (2).
the Board
(2) The
Minister may, subject to the approval of the Lieutenant Governor in Council,
issue a directive to the Board that sets out the Government of Ontario’s requirements
respecting the implementation of the integrated energy plan in respect of
matters falling within the Board’s jurisdiction.
(1) Subsection 25.32 (1) of the Act is repealed.
(2) Subsection
25.32 (2) of the Act is amended by striking out the portion before clause (
a) and substituting the following:
Entering
into contracts
(2) The
IESO shall, if required to do so under a directive issued under subsection
(5) or a direction continued under subsection (9) or (10), as amended, enter into
contracts for the procurement of,
. . . .
(3) Subsection
25.32 (2) of the Act is amended by striking out “or” at the end of clause (c),
by adding “or” at the end of clause (
d) and by adding the following clause:
(
e) measures
aimed at promoting electrification or using electricity to reduce overall
emissions in Ontario.
(4) Subsection
25.32 (3) of the Act is amended by striking out “unless the applicable
implementation plan or directive provides otherwise” at the end and
substituting “unless a directive issued under subsection (5) provides
otherwise”.
(5) Subsection
25.32 (6) of the Act is repealed and the following substituted:
Directive
issued under subs. (5) prevails
(6) A
directive may be issued under subsection (5) regardless of any directive issued
under
section 25.30 and, in the event of a conflict, a directive issued under
subsection (5) prevails.
(6) Subsection
25.32 (7) of the Act is amended by striking out “aboriginal peoples” and
substituting “Indigenous communities”.
(7) Subsection
25.32 (8) of the Act is amended by striking out “aboriginal peoples” and
substituting “Indigenous communities”.
(8) Subsection
25.32 (11) of the Act is repealed and the following substituted:
Transition,
ongoing power to amend, revoke
(11) A
direction continued under subsection (9) or (10) may be amended or revoked by
the Lieutenant Governor in Council.
Paragraph 2 of Subsection 25.34 (2) of the Act is amended by striking out “(a),
(
b) or (c)” and substituting “(a), (b), (
c) or (e)”.
Clause 114 (1.3) (
b) of the Act is repealed and the following substituted:
(
b) for
the purposes of subsection 25.29 (7),
(
i) requiring
the Minister to consider technical reports or other reports, documents or
information, and
(ii) prescribing
technical reports or other reports, documents and information;
Ontario
Energy Board Act, 1998
Section 2.1 of the Ontario Energy Board Act, 1998
is amended by striking out “in accordance with the implementation plans
submitted by the Board and approved under clause 25.31 (5) (
a) of that Act,
including any amendments submitted by the Board and approved under that clause”
at the end.
Commencement
This
Schedule comes into force on the day the Affordable
Energy Act, 2024 receives Royal Assent.
SCHEDULE 2
AMENDMENTS RE DISTRIBUTION SYSTEM CODE AND TRANSMISSION SYSTEM CODE
(1) Clause (
g) of the definition of “enforceable provision” in
section 3 of the Ontario Energy Board Act, 1998 is
amended by striking out “section 70.1, 70.2 or 70.3” at the end and
substituting “section 70.1”.
(2) Section
3 of the Act is amended by adding the following subsection:
Deemed
code amendments
(2) A
reference in this or any other Act to a code issued under
section 70.1 includes
a reference to amendments specified under
section 70.4 that are deemed to have
been issued under
section 70.1, as applicable, except in the context of subsection
33 (1) or
section 121.
The Act is amended by adding the following sections:
Regulations,
deemed amendments to certain codes
70.4
(1) The
Lieutenant Governor in Council may make regulations specifying amendments to
the Distribution System Code and the Transmission System Code for the purposes
of this
section with respect to any of the following matters:
1. Obligations
between distributors or transmitters and their customers in respect of cost
allocation and cost recovery relating to the construction, expansion or
reinforcement of distribution systems or transmission systems, or of
connections to those systems.
2. Provisions
that must be included in an agreement that is entered into by a distributor or
transmitter and a customer that pertains to cost allocation and cost recovery
relating to the connection of a customer to the distributor’s distribution
system or the transmitter’s transmission system, as the case may be.
3. Any
matter ancillary or consequential to a matter referred to in paragraph 1 or 2.
Same
(2) A
regulation made under subsection (1) may be general or particular in respect of
its application.
Same
(3) Nothing
in subsection (1) or (2) gives the Lieutenant Governor in Council authority to
specify an amendment in respect of the Distribution System Code or the
Transmission System Code that the chief executive officer is not authorized to
include in a code issued under
section 70.1.
Deemed
amendments
(4) The
amendments that a regulation made under subsection (1) specifies in respect of
the Distribution System Code or the Transmission System Code are deemed to have
been issued under
section 70.1 in accordance with
section 70.2.
Publication,
etc.
(5) Despite
subsection (4),
section 70.3 does not apply with respect to amendments
specified by a regulation made under subsection (1).
Updating
(6) The
chief executive officer shall take steps to ensure that amendments specified by
a regulation made under subsection (1) are promptly consolidated into the
applicable Code.
Restriction
on Board modifications
(7) Despite
subsection (4) and sections 70 and 70.1, the Board may not specify
modifications to or exemptions from an amendment specified by a regulation made
under subsection (1).
Restriction
on amending, etc.
(8) Despite
subsection (4) and
section 70.1, the chief executive officer may not issue a
code that would amend, revoke or conflict with an amendment specified by a
regulation made under subsection (1).
Effect
of revocation
(9) Subsections
(7) and (8) cease to apply with respect to an amendment specified by a
regulation made under subsection (1) if the regulation is revoked.
Not
a regulation
(10) For
greater certainty, nothing in this
section affects the application of
subsection 70.1 (6).
Regulations,
exemptions from certain codes
70.5
(1) The
Lieutenant Governor in Council may make regulations,
(
a) exempting
any person or thing, or any class of person or thing, from the application of
any provision of the Distribution System Code or the Transmission System Code
that,
(
i) pertains
to cost allocation or cost recovery, or
(ii) is
ancillary or consequential to a provision of the Code that pertains to cost
allocation or cost recovery;
(
b) providing
for conditions or restrictions of an exemption under clause (a);
(
c) in
respect of a person or thing that is the subject of an exemption under clause
(a), establishing and governing the cost allocation or cost recovery that
applies with respect to the person or thing instead of the provision that has
been exempted from.
Same
(2) A
regulation made under subsection (1) may be general or particular in respect of
its application.
Conflict
(3) In
the event of a conflict between a regulation made under subsection (1) and any
other regulation made under this Act, an order of the Board or a code issued
under
section 70.1, the regulation made under subsection (1) prevails to the
extent of the conflict.
Fixing
the Hydro Mess Act, 2019
Subsection 20 (3) of
Schedule 2 to the Fixing the Hydro
Mess Act, 2019 is repealed.
Commencement
This
Schedule comes into force on the day the Affordable
Energy Act, 2024 receives Royal Assent.
SCHEDULE 3
AMENDMENTS RE ELECTRIC VEHICLE CHARGING
Electricity
Act, 1998
The Electricity Act, 1998 is amended by adding the
following Part:
PART III.1
ELECTRIC VEHICLE CHARGING
Definitions
47.1 In this Part,
“electric
vehicle”, “electric vehicle charging” and “electric vehicle charging station”
have the same meaning as in the Ontario Energy Board Act,
1998 . (“véhicule
électrique”, “recharge des véhicules électriques”, “station de recharge pour
véhicules électriques”)
Application
of Act
47.2
(1) This
Act, other than
Part VIII, does not apply with respect to the distribution or
retail of electricity for electric vehicle charging, except as may be provided
by the regulations.
Interpretation
(2) For
greater certainty, except as may be provided by the regulations, a reference in
a provision to the distribution or retail of electricity shall not be read as
including the distribution or retail described in subsection (1), other than in
Part VIII.
past application
(3) This
Act, other than
Part VIII, is deemed not to have applied with respect to the
distribution or retail of electricity for electric vehicle charging before the
day the Affordable Energy Act, 2024 received Royal
Assent.
Regulations
47.3
(1) The
Lieutenant Governor in Council may make regulations,
(
a) clarifying
the application of
section 47.2;
(
b) providing
for and governing the application of this Act, other than
Part VIII, to the
distribution or retail of electricity for electric vehicle charging, subject to
such modifications in application as the regulations may specify.
Same
(2) A
regulation made under this
section may be general or particular in its
application.
Energy
Consumer Protection Act, 2010
(1) The Energy Consumer Protection Act, 2010
is amended by adding the following Part:
PART III.1
ELECTRIC VEHICLE CHARGING
Definitions
34.1 In this Part,
“electric
vehicle”, “electric vehicle charging” and “electric vehicle charging station”
have the same meaning as in the Ontario Energy Board Act,
1998 ; (“véhicule électrique”, “recharge des véhicules électriques”, “station
de recharge pour véhicules électriques”)
“retail”
has the same meaning as in
Part II. (“vendre au détail”)
Application
of Act
34.2
(1) This Act
does not apply with respect to the distribution or retail of electricity for
electric vehicle charging, except as may be provided by the regulations.
Interpretation
(2) For
greater certainty, except as may be provided by the regulations, a reference in
a provision to the retail of electricity shall not be read as including the
retail described in subsection (1).
past application
(3) This
Act is deemed not to have applied with respect to the distribution or retail of
electricity for electric vehicle charging before the day the Affordable Energy Act, 2024 received Royal Assent.
(2) Section
35 of the Act is amended by adding the following subsection:
Same,
Part III.1
(4.1) For
the purposes of
Part III.1, the Lieutenant Governor in Council may make
regulations,
(
a) clarifying
the application of
section 34.2;
(
b) providing
for and governing the application of this Act to the distribution or retail of
electricity for electric vehicle charging, subject to such modifications in
application as the regulations may specify.
Ontario
Energy Board Act, 1998
(1) The definition of “enforceable provision” in
section 3 of the Ontario Energy Board Act, 1998 is amended by adding the
following clause:
(c.1) a
provision of a regulation made under
Part III.1 of the Energy
Consumer Protection Act, 2010 ,
(2) The
Act is amended by adding the following Part:
PART V.2
ELECTRIC VEHICLE CHARGING
Definitions
88.5 In this Part,
“electric
vehicle” means, subject to the regulations, a vehicle that has its motive power
wholly or partly provided by electricity stored in a battery or other
electricity storage device in the vehicle that is capable of being charged from
an electricity source external to the vehicle; (“véhicule électrique”)
“electric
vehicle charging” means, subject to the regulations, the supply of electricity
from an electric vehicle charging station to an electric vehicle in order to
charge the vehicle; (“recharge des véhicules électriques”)
“electric
vehicle charging station” means, subject to the regulations, an electricity
supply device, including any associated equipment, technologies and components,
that is used to supply electricity to charge an electric vehicle. (“station de
recharge pour véhicules électriques”)
Application
of Act
88.6
(1) This Act
does not apply with respect to the distribution or retail of electricity for
electric vehicle charging, except as may be provided by the regulations.
Interpretation
(2) For
greater certainty, except as may be provided by the regulations, a reference in
a provision to the distribution or retail of electricity shall not be read as
including the distribution or retail described in subsection (1).
past application
(3) This
Act is deemed not to have applied with respect to the distribution or retail of
electricity for electric vehicle charging before the day the Affordable Energy Act, 2024 received Royal Assent.
Regulations
88.7
(1) The
Lieutenant Governor in Council may make regulations,
(
a) clarifying
or modifying, including expanding or restricting, the definition of “electric
vehicle”, “electric vehicle charging” or “electric vehicle charging station” in
section 88.5;
(
b) clarifying
the application of
section 88.6;
(
c) providing
for and governing the application of this Act to the distribution or retail of
electricity for electric vehicle charging, subject to such modifications in
application as the regulations may specify.
Same
(2) A
regulation made under this
section may be general or particular in its
application.
Commencement
This
Schedule comes into force on the day the Affordable
Energy Act, 2024 receives Royal Assent.
Bill 214 As Amended by Standing Committee (PDF)
This
reprint of the Bill is marked to indicate the changes that were made in
Committee.
The
changes are indicated by underlines for
new text and a strikethrough for deleted text.
______________
EXPLANATORY
NOTE
SCHEDULE 1
AMENDMENTS RE ENERGY PLANNING
The
Schedule amends the Electricity Act, 1998 . Here are
some highlights:
Section
1 of the Act is amended to provide that one of the purposes of the Act is to
promote electrification and facilitate energy efficiency measures aimed at
using electricity to reduce overall emissions in Ontario.
2. Subsection
6 (1) of the Act is amended to provide that one of the objects of the Independent
Electricity System Operator (IESO) is to engage in activities that promote
electrification and facilitate energy efficiency measures aimed at using
electricity to reduce overall emissions in Ontario.
3. Sections
25.29 and 25.30 of the Act are re-enacted to replace long-term energy plans
with integrated energy resource plans and to account for that
change.
Section
25.31, which provides for the submission of implementation plans by the IESO
and the Ontario Energy Board to the Minister, is repealed.
SCHEDULE 2
AMENDMENTS RE DISTRIBUTION SYSTEM CODE AND TRANSMISSION SYSTEM CODE
The
Schedule gives the Lieutenant Governor in Council two new regulation-making
authorities pertaining to the Distribution System Code and the Transmission
System Code that are issued by the chief executive officer of the Board under
section 70.1 of the Ontario Energy Board Act, 1998 .
The
first new authority, in
section 70.4, permits the Lieutenant Governor in
Council to make regulations specifying amendments to either Code about
specified matters respecting cost allocation and cost recovery relating to the
construction, expansion or reinforcement of distribution systems or
transmission systems, or of connections to those systems. The amendments are
deemed to have been issued under
section 70.1 and must be consolidated into the
applicable Code. The chief executive officer has no authority to amend or
revoke an amendment specified by the Lieutenant Governor in Council for as long
as the regulation specifying the amendment is in force.
The
second new authority, in
section 70.5, permits the Lieutenant Governor in
Council to make regulations exempting persons or things from provisions of the Distribution
System Code and the Transmission System Code relating to cost allocation or
cost recovery, subject to conditions or restrictions the regulations may
specify, as well as regulations relating to cost allocation or cost recovery
that apply to the exempted person or thing instead.
SCHEDULE 3
AMENDMENTS RE ELECTRIC VEHICLE CHARGING
The
Schedule amends the Electricity Act, 1998, the Energy Consumer Protection Act,
2010 and the Ontario Energy Board Act, 1998 in respect of electric vehicle
charging.
The
Ontario Energy Board Act, 1998 is amended to add a new
Part V.2
(electric vehicle charging). The terms “electric vehicle”, “electric vehicle
charging” and “electric vehicle charging station” are defined in the new Part,
but the
definitions can be modified by regulations made by the Lieutenant
Governor in Council. The Part provides that the Act does not apply with respect
to the distribution or retail of electricity for electric vehicle charging.
However, it provides that regulations can be made by the Lieutenant Governor in
Council providing for and governing the application of the Act to those
activities.
The
Schedule also amends the Electricity Act, 1998 and the Energy
Consumer Protection Act, 2010 to add new Parts to those Acts, which
similarly provide that each of those Acts does not apply with respect to the
distribution or retail of electricity for electric vehicle charging, except as
may be provided by regulations made under the applicable Act (except that
in the case of the Electricity Act, 1998 ,
Part VIII of
that Act, dealing with electrical safety, does apply) . The
terminology used in the Ontario Energy Board Act, 1998 is incorporated
into the new Parts.
Bill 214 2024
Act to amend various energy statutes respecting long term energy planning,
changes to the Distribution System Code and the Transmission System Code and
electric vehicle charging
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule
Amendments
Re Energy Planning
Schedule
Amendments
Re Distribution System Code and Transmission System Code
Schedule
Amendments
Re Electric Vehicle Charging
Preamble
The
Government of Ontario:
Recognizes
the need to ensure Ontario meets the demand for electricity driven by strong
economic growth, increased electrification and population growth.
Supports
a vision for a prosperous, growing economy while reducing emissions and
opposing economically harmful measures such as carbon taxation.
Supports
growth and keeping energy affordable for Ontarians, through an affordable and
reliable energy system that draws on a variety of energy resources, such as
nuclear energy, hydroelectricity, natural gas, hydrogen, solar power and more.
Acknowledges
that meaningful public engagement in an integrated energy planning process,
support for the government’s energy vision and the advancement of
reconciliation with Indigenous communities are important to support building an
energy system in Ontario to meet growth.
Recognizes
Ontario’s long term energy potential, and that effective planning could
position Ontario to both meet demand here at home and support economic growth
by exporting Ontario energy beyond its borders.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Contents
of this Act
This Act consists of this section, sections 2 and 3 and the Schedules to this
Act.
Commencement
(1) Except as otherwise provided in this section, this Act comes
into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any provisions are to come into force on a
day to be named by proclamation of the Lieutenant Governor, a proclamation may
apply to one or more of those provisions, and proclamations may be issued at different
times with respect to any of those provisions.
Short
title
The
short title of this Act is the Affordable Energy Act, 2024 .
SCHEDULE 1
AMENDMENTS RE ENERGY PLANNING
Section 1 of the Electricity Act, 1998 is amended
by adding the following clause:
(a.2) to
promote electrification and facilitate energy efficiency measures aimed at
using electricity to reduce overall emissions in Ontario;
Subsection 6 (1) of the Act is amended by adding the following clause:
(p.1) to
engage in activities that promote electrification and facilitate energy
efficiency measures aimed at using electricity to reduce overall emissions in
Ontario;
Sections 25.29 to 25.31 of the Act are repealed and the following substituted:
Integrated energy resource plan Integrated energy plan s
25.29
(1) The
Minister may, subject to the approval of the Lieutenant Governor in Council,
issue an integrated energy resource plan integrated
energy plan setting out and balancing the Government of Ontario’s
goals and objectives respecting energy for the period specified by the plan.
Same
(2) For
the purposes of subsection (1), an integrated
energy resource plan integrated
energy plan may include goals and objectives respecting,
(
a) the
affordability of energy for consumers and the cost-effectiveness of planned
energy resources;
(
b) the
availability and reliability of the supply, transmission or distribution of
energy to consumers;
(
c) the
enhancement and expansion of energy infrastructure and resources to support
economic growth and trade;
(
d) the
role of electricity, natural gas, hydrogen and other energy resources, as well
as energy efficiency, storage and demand management, in building a clean energy
economy;
(
e) the
prioritization of nuclear power generation to meet future increases in the
demand for electricity in a manner that is consistent with the policies of the
Government of Ontario;
(
f) the
modernization of energy infrastructure systems and promotion of innovations
that benefit consumers;
(
g) the
cost-effective procurement of electricity resources;
(
h) the
advancement of reconciliation with Indigenous communities, including early
engagement in project planning, consultation and support for Indigenous
leadership and participation in the energy sector;
(
i) the
engagement of interested persons, groups and communities in the energy sector;
and
(
j) any
other related matter the Minister determines should be addressed.
Consultation
required
(3) The
Minister shall, before issuing an integrated
energy resource plan integrated
energy plan under subsection (1), consult with any consumers,
distributors, generators, transmitters, Indigenous communities or other persons
or groups that the Minister considers appropriate about the matters that are
proposed to be addressed by the integrated
energy resource plan integrated
energy plan , and the Minister shall consider the results of such
consultation in developing the integrated
energy resource plan integrated
energy plan .
Timing
(4) The
Minister shall begin the consultations described in subsection (3) on the
second integrated
energy resource plan integrated
energy plan and any subsequent plan on or before the fifth
anniversary of the date on which the previous plan was issued.
Notice
(5) The
Minister shall publish notice of consultations under subsection (3), together
with any relevant background materials or other information the Minister
considers appropriate, in the environmental registry established under
section
5 of the Environmental Bill of Rights, 1993 .
Participation
(6) The
Minister shall take steps to promote the participation of the persons or groups
with whom the Minister intends to consult under subsection (3), including
scheduling one or more consultation meetings, where the Minister considers it appropriate
to do so.
Technical
reports, etc.
(7) If
required by the regulations, the Minister shall consider any prescribed
technical reports or other reports, documents or information in the development
of the integrated
energy resource plan integrated
energy plan .
Reports
and documents to be publicly available
(8) The
Minister shall make the reports, documents and information referred to in
subsection (7) available to the public by posting them on a Government of
Ontario website.
Publication
(9) On
issuing an integrated
energy resource plan integrated
energy plan under subsection (1), the Minister shall post it on a
Government of Ontario website and shall also post or publish any other
information, such as key data and cost projections, used in the development of
the integrated
energy resource plan integrated
energy plan that the Minister determines should be made publicly
available.
Implementation
directives
the IESO
25.30
(1) The Minister
may, subject to the approval of the Lieutenant Governor in Council, issue a
directive to the IESO that sets out the Government of Ontario’s requirements
respecting the implementation of the integrated
energy resource plan integrated energy
plan by the IESO and any other related requirements, other than
matters listed in subsection 25.32 (2).
the Board
(2) The
Minister may, subject to the approval of the Lieutenant Governor in Council,
issue a directive to the Board that sets out the Government of Ontario’s requirements
respecting the implementation of the integrated
energy resource plan integrated
energy plan in respect of matters falling within the Board’s
jurisdiction.
(1) Subsection 25.32 (1) of the Act is repealed.
(2) Subsection
25.32 (2) of the Act is amended by striking out the portion before clause (
a) and substituting the following:
Entering
into contracts
(2) The
IESO shall, if required to do so under a directive issued under subsection
(5) or a direction continued under subsection (9) or (10), as amended, enter into
contracts for the procurement of,
. . . .
(3) Subsection
25.32 (2) of the Act is amended by striking out “or” at the end of clause (c),
by adding “or” at the end of clause (
d) and by adding the following clause:
(
e) measures
aimed at promoting electrification or using electricity to reduce overall
emissions in Ontario.
(4) Subsection
25.32 (3) of the Act is amended by striking out “unless the applicable
implementation plan or directive provides otherwise” at the end and
substituting “unless a directive issued under subsection (5) provides
otherwise”.
(5) Subsection
25.32 (6) of the Act is repealed and the following substituted:
Directive
issued under subs. (5) prevails
(6) A
directive may be issued under subsection (5) regardless of any directive issued
under
section 25.30 and, in the event of a conflict, a directive issued under
subsection (5) prevails.
(6) Subsection
25.32 (7) of the Act is amended by striking out “aboriginal peoples” and
substituting “Indigenous communities”.
(7) Subsection
25.32 (8) of the Act is amended by striking out “aboriginal peoples” and
substituting “Indigenous communities”.
(8) Subsection
25.32 (11) of the Act is repealed and the following substituted:
Transition,
ongoing power to amend, revoke
(11) A
direction continued under subsection (9) or (10) may be amended or revoked by
the Lieutenant Governor in Council.
Paragraph 2 of Subsection 25.34 (2) of the Act is amended by striking out “(a),
(
b) or (c)” and substituting “(a), (b), (
c) or (e)”.
Clause 114 (1.3) (
b) of the Act is repealed and the following substituted:
(
b) for
the purposes of subsection 25.29 (7),
(
i) requiring
the Minister to consider technical reports or other reports, documents or
information, and
(ii) prescribing
technical reports or other reports, documents and information;
Ontario
Energy Board Act, 1998
Section 2.1 of the Ontario Energy Board Act, 1998
is amended by striking out “in accordance with the implementation plans
submitted by the Board and approved under clause 25.31 (5) (
a) of that Act,
including any amendments submitted by the Board and approved under that clause”
at the end.
Commencement
This
Schedule comes into force on the day the Affordable
Energy Act, 2024 receives Royal Assent.
SCHEDULE 2
AMENDMENTS RE DISTRIBUTION SYSTEM CODE AND TRANSMISSION SYSTEM CODE
(1) Clause (
g) of the definition of “enforceable provision” in
section 3 of the Ontario Energy Board Act, 1998 is
amended by striking out “section 70.1, 70.2 or 70.3” at the end and
substituting “section 70.1”.
(2) Section
3 of the Act is amended by adding the following subsection:
Deemed
code amendments
(2) A
reference in this or any other Act to a code issued under
section 70.1 includes
a reference to amendments specified under
section 70.4 that are deemed to have
been issued under
section 70.1, as applicable, except in the context of
subsection 33 (1) or
section 121.
The Act is amended by adding the following sections:
Regulations,
deemed amendments to certain codes
70.4
(1) The
Lieutenant Governor in Council may make regulations specifying amendments to
the Distribution System Code and the Transmission System Code for the purposes
of this
section with respect to any of the following matters:
1. Obligations
between distributors or transmitters and their customers in respect of cost
allocation and cost recovery relating to the construction, expansion or
reinforcement of distribution systems or transmission systems, or of
connections to those systems.
2. Provisions
that must be included in an agreement that is entered into by a distributor or
transmitter and a customer that pertains to cost allocation and cost recovery
relating to the connection of a customer to the distributor’s distribution
system or the transmitter’s transmission system, as the case may be.
3. Any
matter ancillary or consequential to a matter referred to in paragraph 1 or 2.
Same
(2) A
regulation made under subsection (1) may be general or particular in respect of
its application.
Same
(3) Nothing
in subsection (1) or (2) gives the Lieutenant Governor in Council authority to
specify an amendment in respect of the Distribution System Code or the
Transmission System Code that the chief executive officer is not authorized to
include in a code issued under
section 70.1.
Deemed
amendments
(4) The
amendments that a regulation made under subsection (1) specifies in respect of
the Distribution System Code or the Transmission System Code are deemed to have
been issued under
section 70.1 in accordance with
section 70.2.
Publication,
etc.
(5) Despite
subsection (4),
section 70.3 does not apply with respect to amendments
specified by a regulation made under subsection (1).
Updating
(6) The
chief executive officer shall take steps to ensure that amendments specified by
a regulation made under subsection (1) are promptly consolidated into the
applicable Code.
Restriction
on Board modifications
(7) Despite
subsection (4) and sections 70 and 70.1, the Board may not specify
modifications to or exemptions from an amendment specified by a regulation made
under subsection (1).
Restriction
on amending, etc.
(8) Despite
subsection (4) and
section 70.1, the chief executive officer may not issue a
code that would amend, revoke or conflict with an amendment specified by a
regulation made under subsection (1).
Effect
of revocation
(9) Subsections
(7) and (8) cease to apply with respect to an amendment specified by a
regulation made under subsection (1) if the regulation is revoked.
Not
a regulation
(10) For
greater certainty, nothing in this
section affects the application of
subsection 70.1 (6).
Regulations,
exemptions from certain codes
70.5
(1) The
Lieutenant Governor in Council may make regulations,
(
a) exempting
any person or thing, or any class of person or thing, from the application of
any provision of the Distribution System Code or the Transmission System Code
that,
(
i) pertains
to cost allocation or cost recovery, or
(ii) is
ancillary or consequential to a provision of the Code that pertains to cost
allocation or cost recovery;
(
b) providing
for conditions or restrictions of an exemption under clause (a);
(
c) in
respect of a person or thing that is the subject of an exemption under clause
(a), establishing and governing the cost allocation or cost recovery that
applies with respect to the person or thing instead of the provision that has
been exempted from.
Same
(2) A
regulation made under subsection (1) may be general or particular in respect of
its application.
Conflict
(3) In
the event of a conflict between a regulation made under subsection (1) and any
other regulation made under this Act, an order of the Board or a code issued
under
section 70.1, the regulation made under subsection (1) prevails to the
extent of the conflict.
Fixing
the Hydro Mess Act, 2019
Subsection 20 (3) of
Schedule 2 to the Fixing the Hydro
Mess Act, 2019 is repealed.
Commencement
This
Schedule comes into force on the day the Affordable
Energy Act, 2024 receives Royal Assent.
SCHEDULE 3
AMENDMENTS RE ELECTRIC VEHICLE CHARGING
Electricity
Act, 1998
The Electricity Act, 1998 is amended by adding the
following Part:
PART III.1
ELECTRIC VEHICLE CHARGING
Definitions
47.1 In this Part,
“electric
vehicle”, “electric vehicle charging” and “electric vehicle charging station”
have the same meaning as in the Ontario Energy Board Act,
1998 . (“véhicule
électrique”, “recharge des véhicules électriques”, “station de recharge pour
véhicules électriques”)
Application of Act
47.2
(1) This
Act does not apply with respect to the distribution or retail of electricity
for electric vehicle charging, except as may be provided by the regulations.
Interpretation
(2) For greater certainty, except as may
be provided by the regulations, a reference in a provision to the distribution
or retail of electricity shall not be read as including the distribution or
retail described in subsection (1).
No past application
(3) This Act is deemed not to have
applied with respect to the distribution or retail of electricity for electric
vehicle charging before the day the Affordable Energy Act,
2024 received Royal Assent.
Application of Act
47.2
(1) This
Act, other than
Part VIII, does not apply with respect to the distribution or
retail of electricity for electric vehicle charging, except as may be provided
by the regulations.
Interpretation
(2) For greater certainty, except as may
be provided by the regulations, a reference in a provision to the distribution
or retail of electricity shall not be read as including the distribution or
retail described in subsection (1), other than in
Part VIII.
No past application
(3) This Act, other than
Part VIII, is
deemed not to have applied with respect to the distribution or retail of
electricity for electric vehicle charging before the day the Affordable Energy Act, 2024 received Royal Assent.
Regulations
47.3
(1) The
Lieutenant Governor in Council may make regulations,
(
a) clarifying
the application of
section 47.2;
(
b) providing for and governing the application
of this Act to the distribution or retail of electricity for electric vehicle
charging, subject to such modifications in application as the regulations may
specify.
(
b) providing for and governing the application
of this Act, other than
Part VIII, to the distribution or retail of electricity
for electric vehicle charging, subject to such modifications in application as
the regulations may specify.
Same
(2) A
regulation made under this
section may be general or particular in its
application.
Energy
Consumer Protection Act, 2010
(1) The Energy Consumer Protection Act, 2010
is amended by adding the following Part:
PART III.1
ELECTRIC VEHICLE CHARGING
Definitions
34.1 In this Part,
“electric
vehicle”, “electric vehicle charging” and “electric vehicle charging station”
have the same meaning as in the Ontario Energy Board Act,
1998 ; (“véhicule électrique”, “recharge des véhicules électriques”, “station
de recharge pour véhicules électriques”)
“retail”
has the same meaning as in
Part II. (“vendre au détail”)
Application
of Act
34.2
(1) This Act
does not apply with respect to the distribution or retail of electricity for
electric vehicle charging, except as may be provided by the regulations.
Interpretation
(2) For
greater certainty, except as may be provided by the regulations, a reference in
a provision to the retail of electricity shall not be read as including the
retail described in subsection (1).
past application
(3) This
Act is deemed not to have applied with respect to the distribution or retail of
electricity for electric vehicle charging before the day the Affordable Energy Act, 2024 received Royal Assent.
(2) Section
35 of the Act is amended by adding the following subsection:
Same,
Part III.1
(4.1) For
the purposes of
Part III.1, the Lieutenant Governor in Council may make
regulations,
(
a) clarifying
the application of
section 34.2;
(
b) providing
for and governing the application of this Act to the distribution or retail of
electricity for electric vehicle charging, subject to such modifications in
application as the regulations may specify.
Ontario
Energy Board Act, 1998
(1) The definition of “enforceable provision” in
section 3 of the Ontario Energy Board Act, 1998 is amended by adding the
following clause:
(c.1) a
provision of a regulation made under
Part III.1 of the Energy
Consumer Protection Act, 2010 ,
(2) The
Act is amended by adding the following Part:
PART V.2
ELECTRIC VEHICLE CHARGING
Definitions
88.5 In this Part,
“electric
vehicle” means, subject to the regulations, a vehicle that has its motive power
wholly or partly provided by electricity stored in a battery or other
electricity storage device in the vehicle that is capable of being charged from
an electricity source external to the vehicle; (“véhicule électrique”)
“electric
vehicle charging” means, subject to the regulations, the supply of electricity
from an electric vehicle charging station to an electric vehicle in order to
charge the vehicle; (“recharge des véhicules électriques”)
“electric
vehicle charging station” means, subject to the regulations, an electricity
supply device, including any associated equipment, technologies and components,
that is used to supply electricity to charge an electric vehicle. (“station de
recharge pour véhicules électriques”)
Application
of Act
88.6
(1) This Act
does not apply with respect to the distribution or retail of electricity for
electric vehicle charging, except as may be provided by the regulations.
Interpretation
(2) For
greater certainty, except as may be provided by the regulations, a reference in
a provision to the distribution or retail of electricity shall not be read as
including the distribution or retail described in subsection (1).
past application
(3) This
Act is deemed not to have applied with respect to the distribution or retail of
electricity for electric vehicle charging before the day the Affordable Energy Act, 2024 received Royal Assent.
Regulations
88.7
(1) The
Lieutenant Governor in Council may make regulations,
(
a) clarifying
or modifying, including expanding or restricting, the definition of “electric
vehicle”, “electric vehicle charging” or “electric vehicle charging station” in
section 88.5;
(
b) clarifying
the application of
section 88.6;
(
c) providing
for and governing the application of this Act to the distribution or retail of
electricity for electric vehicle charging, subject to such modifications in
application as the regulations may specify.
Same
(2) A
regulation made under this
section may be general or particular in its
application.
Commencement
This
Schedule comes into force on the day the Affordable
Energy Act, 2024 receives Royal Assent.
Bill 214 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
AMENDMENTS RE ENERGY PLANNING
The
Schedule amends the Electricity Act, 1998 . Here are
some highlights:
Section
1 of the Act is amended to provide that one of the purposes of the Act is to
promote electrification and facilitate energy efficiency measures aimed at
using electricity to reduce overall emissions in Ontario.
2. Subsection
6 (1) of the Act is amended to provide that one of the objects of the Independent
Electricity System Operator (IESO) is to engage in activities that promote
electrification and facilitate energy efficiency measures aimed at using
electricity to reduce overall emissions in Ontario.
3. Sections
25.29 and 25.30 of the Act are re-enacted to replace long-term energy plans
with integrated energy resource plans and to account for that change.
Section
25.31, which provides for the submission of implementation plans by the IESO
and the Ontario Energy Board to the Minister, is repealed.
SCHEDULE 2
AMENDMENTS RE DISTRIBUTION SYSTEM CODE AND TRANSMISSION SYSTEM CODE
The
Schedule gives the Lieutenant Governor in Council two new regulation-making
authorities pertaining to the Distribution System Code and the Transmission
System Code that are issued by the chief executive officer of the Board under
section 70.1 of the Ontario Energy Board Act, 1998 .
The
first new authority, in
section 70.4, permits the Lieutenant Governor in
Council to make regulations specifying amendments to either Code about
specified matters respecting cost allocation and cost recovery relating to the
construction, expansion or reinforcement of distribution systems or
transmission systems, or of connections to those systems. The amendments are
deemed to have been issued under
section 70.1 and must be consolidated into the
applicable Code. The chief executive officer has no authority to amend or
revoke an amendment specified by the Lieutenant Governor in Council for as long
as the regulation specifying the amendment is in force.
The
second new authority, in
section 70.5, permits the Lieutenant Governor in
Council to make regulations exempting persons or things from provisions of the Distribution
System Code and the Transmission System Code relating to cost allocation or
cost recovery, subject to conditions or restrictions the regulations may
specify, as well as regulations relating to cost allocation or cost recovery
that apply to the exempted person or thing instead.
SCHEDULE 3
AMENDMENTS RE ELECTRIC VEHICLE CHARGING
The
Schedule amends the Electricity Act, 1998, the Energy Consumer Protection Act,
2010 and the Ontario Energy Board Act, 1998 in respect of electric vehicle
charging.
The
Ontario Energy Board Act, 1998 is amended to add a new
Part V.2
(electric vehicle charging). The terms “electric vehicle”, “electric vehicle
charging” and “electric vehicle charging station” are defined in the new Part,
but the
definitions can be modified by regulations made by the Lieutenant
Governor in Council. The Part provides that the Act does not apply with respect
to the distribution or retail of electricity for electric vehicle charging.
However, it provides that regulations can be made by the Lieutenant Governor in
Council providing for and governing the application of the Act to those
activities.
The
Schedule also amends the Electricity Act, 1998 and the Energy
Consumer Protection Act, 2010 to add new Parts to those Acts, which
similarly provide that each of those Acts does not apply with respect to the
distribution or retail of electricity for electric vehicle charging, except as
may be provided by regulations made under the applicable Act. The terminology
used in the Ontario Energy Board Act, 1998 is incorporated into the new
Parts.
Bill 214 2024
Act to amend various energy statutes respecting long term energy planning,
changes to the Distribution System Code and the Transmission System Code and
electric vehicle charging
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule
Amendments
Re Energy Planning
Schedule
Amendments
Re Distribution System Code and Transmission System Code
Schedule
Amendments
Re Electric Vehicle Charging
Preamble
The
Government of Ontario:
Recognizes
the need to ensure Ontario meets the demand for electricity driven by strong
economic growth, increased electrification and population growth.
Supports
a vision for a prosperous, growing economy while reducing emissions and
opposing economically harmful measures such as carbon taxation.
Supports
growth and keeping energy affordable for Ontarians, through an affordable and
reliable energy system that draws on a variety of energy resources, such as
nuclear energy, hydroelectricity, natural gas, hydrogen, solar power and more.
Acknowledges
that meaningful public engagement in an integrated energy planning process,
support for the government’s energy vision and the advancement of
reconciliation with Indigenous communities are important to support building an
energy system in Ontario to meet growth.
Recognizes
Ontario’s long term energy potential, and that effective planning could
position Ontario to both meet demand here at home and support economic growth
by exporting Ontario energy beyond its borders.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Contents
of this Act
This Act consists of this section, sections 2 and 3 and the Schedules to this
Act.
Commencement
(1) Except as otherwise provided in this section, this Act comes
into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any provisions are to come into force on a
day to be named by proclamation of the Lieutenant Governor, a proclamation may
apply to one or more of those provisions, and proclamations may be issued at different
times with respect to any of those provisions.
Short
title
The
short title of this Act is the Affordable Energy Act,
2024 .
SCHEDULE 1
AMENDMENTS RE ENERGY PLANNING
Section 1 of the Electricity Act, 1998 is amended
by adding the following clause:
(a.2) to
promote electrification and facilitate energy efficiency measures aimed at
using electricity to reduce overall emissions in Ontario;
Subsection 6 (1) of the Act is amended by adding the following clause:
(p.1) to
engage in activities that promote electrification and facilitate energy
efficiency measures aimed at using electricity to reduce overall emissions in
Ontario;
Sections 25.29 to 25.31 of the Act are repealed and the following substituted:
Integrated
energy resource plans
25.29
(1) The
Minister may, subject to the approval of the Lieutenant Governor in Council,
issue an integrated energy resource plan setting out and balancing the
Government of Ontario’s goals and objectives respecting energy for the period
specified by the plan.
Same
(2) For
the purposes of subsection (1), an integrated energy resource plan may include
goals and objectives respecting,
(
a) the
affordability of energy for consumers and the cost-effectiveness of planned
energy resources;
(
b) the
availability and reliability of the supply, transmission or distribution of
energy to consumers;
(
c) the
enhancement and expansion of energy infrastructure and resources to support
economic growth and trade;
(
d) the
role of electricity, natural gas, hydrogen and other energy resources, as well
as energy efficiency, storage and demand management, in building a clean energy
economy;
(
e) the
prioritization of nuclear power generation to meet future increases in the
demand for electricity in a manner that is consistent with the policies of the
Government of Ontario;
(
f) the
modernization of energy infrastructure systems and promotion of innovations
that benefit consumers;
(
g) the
cost-effective procurement of electricity resources;
(
h) the
advancement of reconciliation with Indigenous communities, including early
engagement in project planning, consultation and support for Indigenous
leadership and participation in the energy sector;
(
i) the
engagement of interested persons, groups and communities in the energy sector;
and
(
j) any
other related matter the Minister determines should be addressed.
Consultation
required
(3) The
Minister shall, before issuing an integrated energy resource plan under
subsection (1), consult with any consumers, distributors, generators,
transmitters, Indigenous communities or other persons or groups that the
Minister considers appropriate about the matters that are proposed to be
addressed by the integrated energy resource plan, and the Minister shall
consider the results of such consultation in developing the integrated energy
resource plan.
Timing
(4) The
Minister shall begin the consultations described in subsection (3) on the
second integrated energy resource plan and any subsequent plan on or before the
fifth anniversary of the date on which the previous plan was issued.
Notice
(5) The
Minister shall publish notice of consultations under subsection (3), together
with any relevant background materials or other information the Minister
considers appropriate, in the environmental registry established under
section
5 of the Environmental Bill of Rights, 1993 .
Participation
(6) The
Minister shall take steps to promote the participation of the persons or groups
with whom the Minister intends to consult under subsection (3), including
scheduling one or more consultation meetings, where the Minister considers it appropriate
to do so.
Technical
reports, etc.
(7) If
required by the regulations, the Minister shall consider any prescribed
technical reports or other reports, documents or information in the development
of the integrated energy resource plan.
Reports
and documents to be publicly available
(8) The
Minister shall make the reports, documents and information referred to in
subsection (7) available to the public by posting them on a Government of
Ontario website.
Publication
(9) On
issuing an integrated energy resource plan under subsection (1), the Minister
shall post it on a Government of Ontario website and shall also post or publish
any other information, such as key data and cost projections, used in the
development of the integrated energy resource plan that the Minister determines
should be made publicly available.
Implementation
directives
the IESO
25.30
(1) The Minister
may, subject to the approval of the Lieutenant Governor in Council, issue a
directive to the IESO that sets out the Government of Ontario’s requirements
respecting the implementation of the integrated energy resource plan by the
IESO and any other related requirements, other than matters listed in subsection
25.32 (2).
the Board
(2) The
Minister may, subject to the approval of the Lieutenant Governor in Council,
issue a directive to the Board that sets out the Government of Ontario’s requirements
respecting the implementation of the integrated energy resource plan in respect
of matters falling within the Board’s jurisdiction.
(1) Subsection 25.32 (1) of the Act is repealed.
(2) Subsection
25.32 (2) of the Act is amended by striking out the portion before clause (
a) and substituting the following:
Entering
into contracts
(2) The
IESO shall, if required to do so under a directive issued under subsection
(5) or a direction continued under subsection (9) or (10), as amended, enter into
contracts for the procurement of,
. . . .
(3) Subsection
25.32 (2) of the Act is amended by striking out “or” at the end of clause (c),
by adding “or” at the end of clause (
d) and by adding the following clause:
(
e) measures
aimed at promoting electrification or using electricity to reduce overall
emissions in Ontario.
(4) Subsection
25.32 (3) of the Act is amended by striking out “unless the applicable
implementation plan or directive provides otherwise” at the end and
substituting “unless a directive issued under subsection (5) provides
otherwise”.
(5) Subsection
25.32 (6) of the Act is repealed and the following substituted:
Directive
issued under subs. (5) prevails
(6) A
directive may be issued under subsection (5) regardless of any directive issued
under
section 25.30 and, in the event of a conflict, a directive issued under
subsection (5) prevails.
(6) Subsection
25.32 (7) of the Act is amended by striking out “aboriginal peoples” and
substituting “Indigenous communities”.
(7) Subsection
25.32 (8) of the Act is amended by striking out “aboriginal peoples” and
substituting “Indigenous communities”.
(8) Subsection
25.32 (11) of the Act is repealed and the following substituted:
Transition,
ongoing power to amend, revoke
(11) A
direction continued under subsection (9) or (10) may be amended or revoked by
the Lieutenant Governor in Council.
Paragraph 2 of Subsection 25.34 (2) of the Act is amended by striking out “(a),
(
b) or (c)” and substituting “(a), (b), (
c) or (e)”.
Clause 114 (1.3) (
b) of the Act is repealed and the following substituted:
(
b) for
the purposes of subsection 25.29 (7),
(
i) requiring
the Minister to consider technical reports or other reports, documents or
information, and
(ii) prescribing
technical reports or other reports, documents and information;
Ontario
Energy Board Act, 1998
Section 2.1 of the Ontario Energy Board Act, 1998
is amended by striking out “in accordance with the implementation plans
submitted by the Board and approved under clause 25.31 (5) (
a) of that Act,
including any amendments submitted by the Board and approved under that clause”
at the end.
Commencement
This
Schedule comes into force on the day the Affordable
Energy Act, 2024 receives Royal Assent.
SCHEDULE 2
AMENDMENTS RE DISTRIBUTION SYSTEM CODE AND TRANSMISSION SYSTEM CODE
(1) Clause (
g) of the definition of “enforceable provision” in
section 3 of the Ontario Energy Board Act, 1998 is
amended by striking out “section 70.1, 70.2 or 70.3” at the end and
substituting “section 70.1”.
(2) Section
3 of the Act is amended by adding the following subsection:
Deemed
code amendments
(2) A
reference in this or any other Act to a code issued under
section 70.1 includes
a reference to amendments specified under
section 70.4 that are deemed to have
been issued under
section 70.1, as applicable, except in the context of subsection
33 (1) or
section 121.
The Act is amended by adding the following sections:
Regulations,
deemed amendments to certain codes
70.4
(1) The
Lieutenant Governor in Council may make regulations specifying amendments to
the Distribution System Code and the Transmission System Code for the purposes
of this
section with respect to any of the following matters:
1. Obligations
between distributors or transmitters and their customers in respect of cost
allocation and cost recovery relating to the construction, expansion or
reinforcement of distribution systems or transmission systems, or of
connections to those systems.
2. Provisions
that must be included in an agreement that is entered into by a distributor or
transmitter and a customer that pertains to cost allocation and cost recovery
relating to the connection of a customer to the distributor’s distribution
system or the transmitter’s transmission system, as the case may be.
3. Any
matter ancillary or consequential to a matter referred to in paragraph 1 or 2.
Same
(2) A
regulation made under subsection (1) may be general or particular in respect of
its application.
Same
(3) Nothing
in subsection (1) or (2) gives the Lieutenant Governor in Council authority to
specify an amendment in respect of the Distribution System Code or the
Transmission System Code that the chief executive officer is not authorized to
include in a code issued under
section 70.1.
Deemed
amendments
(4) The
amendments that a regulation made under subsection (1) specifies in respect of
the Distribution System Code or the Transmission System Code are deemed to have
been issued under
section 70.1 in accordance with
section 70.2.
Publication,
etc.
(5) Despite
subsection (4),
section 70.3 does not apply with respect to amendments
specified by a regulation made under subsection (1).
Updating
(6) The
chief executive officer shall take steps to ensure that amendments specified by
a regulation made under subsection (1) are promptly consolidated into the
applicable Code.
Restriction
on Board modifications
(7) Despite
subsection (4) and sections 70 and 70.1, the Board may not specify
modifications to or exemptions from an amendment specified by a regulation made
under subsection (1).
Restriction
on amending, etc.
(8) Despite
subsection (4) and
section 70.1, the chief executive officer may not issue a
code that would amend, revoke or conflict with an amendment specified by a
regulation made under subsection (1).
Effect
of revocation
(9) Subsections
(7) and (8) cease to apply with respect to an amendment specified by a
regulation made under subsection (1) if the regulation is revoked.
Not
a regulation
(10) For
greater certainty, nothing in this
section affects the application of
subsection 70.1 (6).
Regulations,
exemptions from certain codes
70.5
(1) The
Lieutenant Governor in Council may make regulations,
(
a) exempting
any person or thing, or any class of person or thing, from the application of
any provision of the Distribution System Code or the Transmission System Code
that,
(
i) pertains
to cost allocation or cost recovery, or
(ii) is
ancillary or consequential to a provision of the Code that pertains to cost
allocation or cost recovery;
(
b) providing
for conditions or restrictions of an exemption under clause (a);
(
c) in
respect of a person or thing that is the subject of an exemption under clause
(a), establishing and governing the cost allocation or cost recovery that
applies with respect to the person or thing instead of the provision that has
been exempted from.
Same
(2) A
regulation made under subsection (1) may be general or particular in respect of
its application.
Conflict
(3) In
the event of a conflict between a regulation made under subsection (1) and any
other regulation made under this Act, an order of the Board or a code issued
under
section 70.1, the regulation made under subsection (1) prevails to the
extent of the conflict.
Fixing
the Hydro Mess Act, 2019
Subsection 20 (3) of
Schedule 2 to the Fixing the Hydro
Mess Act, 2019 is repealed.
Commencement
This
Schedule comes into force on the day the Affordable
Energy Act, 2024 receives Royal Assent.
SCHEDULE 3
AMENDMENTS RE ELECTRIC VEHICLE CHARGING
Electricity
Act, 1998
The Electricity Act, 1998 is amended by adding the
following Part:
PART III.1
ELECTRIC VEHICLE CHARGING
Definitions
47.1 In this Part,
“electric
vehicle”, “electric vehicle charging” and “electric vehicle charging station”
have the same meaning as in the Ontario Energy Board Act,
1998 . (“véhicule
électrique”, “recharge des véhicules électriques”, “station de recharge pour
véhicules électriques”)
Application
of Act
47.2
(1) This Act
does not apply with respect to the distribution or retail of electricity for
electric vehicle charging, except as may be provided by the regulations.
Interpretation
(2) For
greater certainty, except as may be provided by the regulations, a reference in
a provision to the distribution or retail of electricity shall not be read as
including the distribution or retail described in subsection (1).
past application
(3) This
Act is deemed not to have applied with respect to the distribution or retail of
electricity for electric vehicle charging before the day the Affordable Energy Act, 2024 received Royal Assent.
Regulations
47.3
(1) The
Lieutenant Governor in Council may make regulations,
(
a) clarifying
the application of
section 47.2;
(
b) providing
for and governing the application of this Act to the distribution or retail of
electricity for electric vehicle charging, subject to such modifications in
application as the regulations may specify.
Same
(2) A
regulation made under this
section may be general or particular in its
application.
Energy
Consumer Protection Act, 2010
(1) The Energy Consumer Protection Act, 2010
is amended by adding the following Part:
PART III.1
ELECTRIC VEHICLE CHARGING
Definitions
34.1 In this Part,
“electric
vehicle”, “electric vehicle charging” and “electric vehicle charging station”
have the same meaning as in the Ontario Energy Board Act,
1998 ; (“véhicule électrique”, “recharge des véhicules électriques”, “station
de recharge pour véhicules électriques”)
“retail”
has the same meaning as in
Part II. (“vendre au détail”)
Application
of Act
34.2
(1) This Act
does not apply with respect to the distribution or retail of electricity for
electric vehicle charging, except as may be provided by the regulations.
Interpretation
(2) For
greater certainty, except as may be provided by the regulations, a reference in
a provision to the retail of electricity shall not be read as including the
retail described in subsection (1).
past application
(3) This
Act is deemed not to have applied with respect to the distribution or retail of
electricity for electric vehicle charging before the day the Affordable Energy Act, 2024 received Royal Assent.
(2) Section
35 of the Act is amended by adding the following subsection:
Same,
Part III.1
(4.1) For
the purposes of
Part III.1, the Lieutenant Governor in Council may make
regulations,
(
a) clarifying
the application of
section 34.2;
(
b) providing
for and governing the application of this Act to the distribution or retail of
electricity for electric vehicle charging, subject to such modifications in
application as the regulations may specify.
Ontario
Energy Board Act, 1998
(1) The definition of “enforceable provision” in
section 3 of the Ontario Energy Board Act, 1998 is amended by adding the
following clause:
(c.1) a
provision of a regulation made under
Part III.1 of the Energy
Consumer Protection Act, 2010 ,
(2) The
Act is amended by adding the following Part:
PART V.2
ELECTRIC VEHICLE CHARGING
Definitions
88.5 In this Part,
“electric
vehicle” means, subject to the regulations, a vehicle that has its motive power
wholly or partly provided by electricity stored in a battery or other
electricity storage device in the vehicle that is capable of being charged from
an electricity source external to the vehicle; (“véhicule électrique”)
“electric
vehicle charging” means, subject to the regulations, the supply of electricity
from an electric vehicle charging station to an electric vehicle in order to
charge the vehicle; (“recharge des véhicules électriques”)
“electric
vehicle charging station” means, subject to the regulations, an electricity
supply device, including any associated equipment, technologies and components,
that is used to supply electricity to charge an electric vehicle. (“station de
recharge pour véhicules électriques”)
Application
of Act
88.6
(1) This Act
does not apply with respect to the distribution or retail of electricity for
electric vehicle charging, except as may be provided by the regulations.
Interpretation
(2) For
greater certainty, except as may be provided by the regulations, a reference in
a provision to the distribution or retail of electricity shall not be read as
including the distribution or retail described in subsection (1).
past application
(3) This
Act is deemed not to have applied with respect to the distribution or retail of
electricity for electric vehicle charging before the day the Affordable Energy Act, 2024 received Royal Assent.
Regulations
88.7
(1) The
Lieutenant Governor in Council may make regulations,
(
a) clarifying
or modifying, including expanding or restricting, the definition of “electric
vehicle”, “electric vehicle charging” or “electric vehicle charging station” in
section 88.5;
(
b) clarifying
the application of
section 88.6;
(
c) providing
for and governing the application of this Act to the distribution or retail of
electricity for electric vehicle charging, subject to such modifications in
application as the regulations may specify.
Same
(2) A
regulation made under this
section may be general or particular in its
application.
Commencement
This
Schedule comes into force on the day the Affordable
Energy Act, 2024 receives Royal Assent.
Date Bill stage Event Outcome Committee
December 4, 2024
Royal Assent
Royal Assent received
December 3, 2024
Third Reading
Vote
Carried on division
December 2, 2024
Third Reading
Question put
Vote deferred
December 2, 2024
Third Reading
Debated
November 25, 2024
Second Reading
Ordered for Third Reading pursuant to the Order of the House
November 25, 2024
Second Reading
Report adopted
November 25, 2024
Second Reading
Reported as amended
Standing Committee on the Interior
November 21, 2024
Second Reading
Consideration of a Bill
Standing Committee on the Interior
November 18, 2024
Second Reading
Consideration of a Bill
Standing Committee on the Interior
November 6, 2024
Second Reading
Ordered referred to Standing Committee pursuant to the Order of the House
Standing Committee on the Interior
November 6, 2024
Second Reading
Vote
Carried
November 6, 2024
Second Reading
Question put
November 6, 2024
Second Reading
Time allocated
October 30, 2024
Second Reading
Debated
Debate adjourned
October 30, 2024
Second Reading
Debated
Debate adjourned
October 29, 2024
Second Reading
Debated
Debate adjourned
October 23, 2024
First Reading
Ordered for Second Reading
October 23, 2024
First Reading
Vote
Carried
First Reading
October 23, 2024
Carried
Ordered for Second Reading
Second Reading
October 29, 2024
Principal Debaters
Lecce, Hon. Stephen
King—Vaughan
Oosterhoff, Hon. Sam
Niagara West
Yakabuski, John
Renfrew—Nipissing—Pembroke
Questions and Responses
Bouma, Will
Brantford—Brant
Glover, Chris
Spadina—Fort York
Hsu, Ted
Kingston and the Islands
Scott, Laurie
Haliburton—Kawartha Lakes—Brock
Tabuns, Peter
Toronto—Danforth
October 30, 2024
Principal Debaters
Barnes, Patrice
Ajax
Cuzzetto, Rudy
Mississauga—Lakeshore
Dixon, Jess
Kitchener South—Hespeler
Fedeli, Hon. Victor
Nipissing
Gélinas, France
Nickel Belt
Hsu, Ted
Kingston and the Islands
Kernaghan, Terence
London North Centre
Leardi, Anthony
Essex
Pang, Billy
Markham—Unionville
Pinsonneault, Steve
Lambton—Kent—Middlesex
Schreiner, Mike
Guelph
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Tabuns, Peter
Toronto—Danforth
Questions and Responses
Andrew, Jill
Toronto—St. Paul's
Bell, Jessica
University—Rosedale
Dowie, Andrew
Windsor—Tecumseh
Fraser, John
Ottawa South
Glover, Chris
Spadina—Fort York
Harden, Joel
Ottawa Centre
Jordan, John
Lanark—Frontenac—Kingston
Mamakwa, Sol
Kiiwetinoong
Martin, Robin
Eglinton—Lawrence
Oosterhoff, Hon. Sam
Niagara West
Sattler, Peggy
London West
Smith, David
Scarborough Centre
Smith, Laura
Thornhill
Vanthof, John
Timiskaming—Cochrane
Vaugeois, Lise
Thunder Bay—Superior North
Wong-Tam, Kristyn
Toronto Centre
Yakabuski, John
Renfrew—Nipissing—Pembroke
October 30, 2024
Debated
November 6, 2024
Time allocated
November 6, 2024
Question put
Carried
Ordered referred to Standing Committee pursuant to the Order of the House
Standing Committee on the Interior
November 18, 2024
Consideration of a Bill
Standing Committee on the Interior
November 21, 2024
Consideration of a Bill
Standing Committee on the Interior
November 25, 2024
Reported as amended
Standing Committee on the Interior
Report adopted
Ordered for Third Reading pursuant to the Order of the House
Third Reading
December 2, 2024
Principal Debaters
Lecce, Hon. Stephen
King—Vaughan
Schreiner, Mike
Guelph
West, Jamie
Sudbury
Question put
December 3, 2024
Carried on division
Royal Assent
December 4, 2024
Royal Assent received