Bill 235, Energy Consumer Protection Act, 2010

Duguid, Hon Brad Minister of Energy and Infrastructure

Current Status: Royal Assent received Chapter Number: S.O. 2010 C.8

Viewing: Royal Assent (current version) pdf

Bill 235                                                        2010

An Act to enact the Energy Consumer Protection Act, 2010 and to amend other Acts

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I
GENERAL

Definitions and powers of Minister

Definitions

   1.  (1)  In this Act,

“Board” means the Ontario Energy Board; (“Commission”)

“distribution system” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998; (“réseau de distribution”)

“distributor” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998; (“distributeur”)

“gas” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998; (“gaz”)

“gas distributor” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998, and “distribute” and “distribution” when used in relation to gas have corresponding meanings; (“distributeur de gaz”, “distribuer”, “distribution”)

“Minister” means the Minister of Energy and Infrastructure or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“person”, or any expression referring to a person, means an individual, sole proprietorship, partnership, including a limited partnership, trust or body corporate, or an individual in his or her capacity as a trustee, executor, administrator or other legal representative or such other class of persons as may be prescribed; (“personne”)

“prescribed” means prescribed by regulation made under this Act; (“prescrit”)

“regulations” means the regulations made under this Act. (“règlements”)

Powers of Minister

   (2)  The Minister may,

  (a)  disseminate information for the purpose of educating and advising energy consumers; and

  (b)  provide information to energy consumers about the use of alternate dispute resolution techniques as a means of resolving disputes arising out of contracts for the supply of energy and other related transactions.

Delegation of powers

   (3)  The Minister may delegate in writing any of his or her powers under subsection (2) to the Deputy Minister of Energy and Infrastructure or to any persons employed in a specified capacity in the Ministry.

Same

   (4)  The Deputy Minister of Energy and Infrastructure may in writing delegate any of the powers delegated to the Deputy Minister by the Minister under subsection (3) to any person employed in a specified capacity in the Ministry.

Powers and duties of Board re energy consumers

   (5)  Nothing in this Act abrogates or derogates from the powers and duties of the Ontario Energy Board as they apply in respect of energy consumers as provided under the Ontario Energy Board Act, 1998.

Definition, energy consumer

   (6)  For the purposes of subsections (2) and (5),

“energy consumer” means a consumer as defined in section 2 and a consumer as defined in section 31.

PART II
Electricity Retailing and Gas marketing

Definitions

   2.  In this Part,

“consumer” means,

  (a)  in respect of the retailing of electricity, a person who uses, for the person’s own consumption, electricity that the person did not generate andwho annually uses less than the prescribed amount of electricity, and

  (b)  in respect of gas marketing, a person who annually uses less than the prescribed amount of gas; (“consommateur”)

“contract” means an agreement between a consumer and a retailer for the provision of electricity or an agreement between a consumer and a gas marketer for the provision of gas; (“contrat”)

“electronic signature” has the same meaning as in subsection 1 (1) of the Electronic Commerce Act, 2000; (“signature électronique”)

“gas marketer” means a person who,

  (a)  sells or offers to sell gas to a consumer,

  (b)  acts as the agent or broker for a seller of gas to a consumer, or

   (c)  acts or offers to act as the agent or broker of a consumer in the purchase of gas,

and “gas marketing” has a corresponding meaning; (“agent de commercialisation de gaz”, “commercialisation de gaz”)

“retail”, with respect to electricity, means,

  (a)  to sell or offer to sell electricity to a consumer,

  (b)  to act as agent or broker for a retailer with respect to the sale or offering for sale of electricity, or

   (c)  to act or offer to act as an agent or broker for a consumer with respect to the sale or offering for sale of electricity,

and “retailing” has a corresponding meaning; (“vendre au détail”, “vente au détail”)

“retailer” means a person who retails electricity, but does not include a distributor, a suite meter provider or such other persons as may be prescribed; (“détaillant”)

“salesperson” means,

  (a)  in respect of gas marketing, a person who, for the purpose of effecting sales of gas or entering into agency agreements with consumers, conducts gas marketing on behalf of a gas marketer or makes one or more representations to one or more consumers on behalf of a gas marketer, whether as an employee of the gas marketer or not, and

  (b)  in respect of the retailing of electricity, a person who, for the purpose of effecting sales of electricity or entering into agency agreements with consumers, conducts retailing of electricity on behalf of a retailer or makes one or more representations to one or more consumers on behalf of a retailer, whether as an employee of the retailer or not; (“vendeur”)

“supplier” means a retailer or gas marketer; (“fournisseur”)

“text-based” means text capable of being read by an individual and in such form, format or medium as may be prescribed, but does not include any form, format or medium that may be prescribed as excluded. (“textuel”)

Application

   3.  (1)  This Part applies to gas marketing and retailing of electricity to consumers.

Contracts, other agreement or waivers to contrary

   (2)  This Part applies despite any contract, other agreement or waiver to the contrary.

Limitation on effect of term requiring arbitration

   (3)  Without limiting the generality of subsection (2), any term or acknowledgment in a contract, other agreement or waiver that requires or has the effect of requiring that disputes arising out of the contract, agreement or waiver be submitted to arbitration is invalid in so far as it prevents a consumer from exercising a right to commence an action in the Superior Court of Justice given under this Part or otherwise available in law. 

Procedure to resolve disputes

   (4)  Despite subsections (2) and (3), after a dispute over which a consumer may commence an action in the Superior Court of Justice arises, the consumer, the supplier and any other person involved in the dispute may agree to resolve the dispute using any procedure that is available in law.

Settlements or decisions

   (5)  A settlement or decision that results from the procedure agreed to under subsection (4) is as binding on the parties as such a settlement or decision would be if it were reached in respect of a dispute concerning a contract or agreement to which this Part does not apply.

Non-application of Arbitration Act, 1991

   (6)  Subsection 7 (1) of the Arbitration Act, 1991 does not apply in respect of any proceeding to which subsection (3) applies unless, after the dispute arises, the consumer agrees to submit the dispute to arbitration.

Class proceedings

   4.  (1)  A consumer may commence a proceeding on behalf of members of a class under the Class Proceedings Act, 1992 or may become a member of a class in such a proceeding in respect of a dispute arising out of a contract, other agreement or waiver despite any term or acknowledgment in the contract, agreement or waiver that purports to prevent or has the effect of preventing the consumer from commencing or becoming a member of a class proceeding. 

Procedure to resolve dispute

   (2)  After a dispute that may result in a class proceeding arises, the consumer, the supplier and any other person involved in it may agree to resolve the dispute using any procedure that is available in law.

Settlements or decisions

   (3)  A settlement or decision that results from the procedure agreed to under subsection (2) is as binding on the parties as such a settlement or decision would be if it were reached in respect of a dispute concerning a contract or agreement to which this Part does not apply.

Non-application of Arbitration Act, 1991

   (4)  Subsection 7 (1) of the Arbitration Act, 1991 does not apply in respect of any proceeding to which subsection (1) applies unless, after the dispute arises, the consumer agrees to submit the dispute to arbitration.

Rights of consumers preserved

   5.  (1)  The rights of a consumer under this Part are in addition to any other rights of the consumer under any other Act or by operation of law and nothing in this Part shall be construed to limit any such rights of the consumer.

Conflict

   (2)  In the event of a conflict between a provision in this Part and a provision in any other Act, the provision that provides the greater protection to the consumer prevails.

Interpretation: ambiguities to benefit consumers

   6.  Any ambiguity that allows for more than one reasonable interpretation of a contract provided by a supplier to a consumer or of any information that must be disclosed under this Part shall be interpreted to the benefit of the consumer.

Interpretation, in writing

   7.  (1)  Despite section 5 of the Electronic Commerce Act, 2000 but subject to subsection (7), in this Part, a requirement that information or a document be in writing is satisfied by information or a document that is in electronic form solely if it is,

  (a)  accessible so as to be usable for subsequent reference; and

  (b)  text-based.

Same, provision of information or document in writing

   (2)  Despite subsection 6 (1) of the Electronic Commerce Act, 2000 but subject to subsection (7), in this Part, a requirement that a person provide information or a document in writing to another person is satisfied by the provision of the information or document in an electronic form solely if it is,

  (a)  accessible by the other person so as to be usable for subsequent reference;

  (b)  capable of being retained by the other person; and

   (c)  text-based.

Same, information or document in non-electronic form

   (3)  Despite subsection 7 (1) of the Electronic Commerce Act, 2000 but subject to subsection (7), in this Part, a requirement that a person provide information or a document in writing in a specified non-electronic form to another person is satisfied by the provision of the information or document in an electronic form solely if it is,

  (a)  organized in the same or substantially the same way as the specified non-electronic form;

  (b)  accessible by the other person so as to be usable for subsequent reference;

   (c)  capable of being retained by the other person; and

  (d)  text-based.

Same, signing a document

   (4)  Despite subsection 11 (1) of the Electronic Commerce Act, 2000 but subject to subsection (7), in this Part, a requirement that a document be signed is satisfied by an electronic signature if the electronic information that a person creates or adopts in order to sign the document is capable of being read by the person and is in such form as may be prescribed.

Signature, touching or clicking on an icon

   (5)  Despite subsection (4), touching or clicking on an appropriate icon or other place on a computer screen is deemed to satisfy a requirement in this Part that a document be signed, if the action is taken with the intent to sign the document and the action meets such requirements as may be prescribed.

Intent

   (6)  Intent for the purpose of subsection (5) may be inferred from a person’s conduct and the circumstances surrounding such conduct, including the information displayed on the computer screen and the person’s conduct with respect to the information, if there are reasonable grounds to believe that the person intended to sign the document.

Use of electronic document or information not mandatory

   (7)  Nothing in this Part requires a consumer who uses, provides or accepts information or a document to use, provide or accept it in an electronic form without the consumer’s consent.

Use of electronic signature not mandatory

   (8)  Nothing in this Part requires a consumer who uses, provides or accepts a document to sign the document by way of an electronic signature without the consumer’s consent.

Implied consent

   (9)  Consent for the purpose of subsections (7) and (8) may be inferred from a person’s conduct if there are reasonable grounds to believe that the consent is genuine and is relevant to the information or document.

Payments

   (10)  Subsection (7) applies to all kinds of information and documents, including payments.

Disclosure of information

   8.  (1)  If a supplier is required to disclose information under this Part, the disclosure shall be clear, comprehensible and prominent and, in addition, shall comply with any requirements that may be prescribed by regulation or mandated by a code issued by the Board or by a rule made by the Board or by an order of the Board.

Delivery of document

   (2)  If a supplier is required to deliver a document to a consumer under this Act, the document must, in addition to satisfying the requirements in subsection (1), be delivered in a form in which it can be retained by the consumer.

Manner of determining prices re contracts retailing electricity

   9.  In the case of a contract with a consumer with respect to retailing of electricity, the retailer shall determine the price it charges for electricity in the manner and in accordance with the requirements that may be prescribed.

Unfair practices, prohibition

   10.  (1)  No supplier shall engage in an unfair practice.

Same, suppliers

   (2)  A supplier is deemed to be engaging in an unfair practice if,

  (a)  it engages in any practice that is prescribed as an unfair practice or it fails to do anything where such failure is prescribed as an unfair practice; or

  (b)  a salesperson acting on behalf of the supplier does or fails to do anything that would be an unfair practice if done or if failed to be done by the supplier.

Contracts, in accordance with s. 12

   11.  (1)  No supplier shall enter into a contract with a consumer other than in accordance with section 12.

Application

   (2)  Subsection (1) applies to contracts entered into after subsection (1) comes into force.

Classes or types of contracts

   (3)  A regulation made in respect of contracts to which this Part applies and any code issued by the Board or rule or order made by the Board in respect of contracts to which this Part applies may,

  (a)  distinguish between classes and types of contracts and between consumers and classes of consumers; and

  (b)  set out different requirements depending on the classes or types of contracts and the circumstances under which the contracts are made.

Prohibition re entering, etc., certain contracts

   (4)  No supplier shall enter into, renew or extend a contract with such persons or classes of persons acting on behalf of the account holder as may be prescribed.

Contract not binding

   (5)  A contract entered into by a supplier with a consumer that is not in accordance with subsection (4) is not binding on the consumer.

Definition, account holder

   (6)  For the purposes of subsection (4),

“account holder” means the person in whose name an account has been established with a distributor for the provision of electricity or with a gas distributor for the provision of gas and,

  (a)  in whose name invoices are issued by the distributor or gas distributor, whether on its own behalf or on behalf of a supplier, in respect of the provision of the electricity or gas, or

  (b)  in whose name invoices would be issued by the distributor or gas distributor in respect of the provision of electricity or gas, if the invoices were not issued by a supplier.

Information required in contract

   12.  (1)  A contract with a consumer shall,

  (a)  in the case of retailing of electricity and in the case of gas marketing,

           (i)  contain such information as may be prescribed, presented in the prescribed form or manner, if any, and under the prescribed circumstances, if any, and

          (ii)  be accompanied by such information or documents as may be required by regulation, provided in such languages as may be prescribed, and presented in the prescribed form or manner, if any, and under the prescribed circumstances, if any;

  (b)  in the case of the retailing of electricity by a retailer and subject to such requirements as may be prescribed in accordance with clause (a),

           (i)  contain such information as may be required by a code issued under section 70.1 of theOntario Energy Board Act, 1998, provided in such languages as may be required by the code, and presented in the form or manner, if any, and under the circumstances, if any, required by the code, if a condition of a licence requires the retailer to comply with the code, and

          (ii)  be accompanied by such information or documents as may be required by a code issued under section 70.1 of theOntario Energy Board Act, 1998, provided in such languages as may be required by the code, and presented in the form or manner, if any, and under the circumstances, if any, required by the code, if a condition of a licence requires the retailer to comply with the code; and

   (c)  in the case of gas marketing and subject to such requirements as may be prescribed in accordance with clause (a),

           (i)  contain such information as may be required by rules made by the Board pursuant to clause 44 (1) (c) of the Ontario Energy Board, Act 1998, provided in such languages as may be required by the rules, and presented in the form or manner, if any, and under the circumstances, if any, required by the rules, and

          (ii)  be accompanied by such information or documents as may be required by rules made by the Board pursuant to clause 44 (1) (c) of the Ontario Energy Board Act, 1998, provided in such languages as may be required by the rules, and presented in the form or manner, if any, and under the circumstances, if any, required by the rules.

Consumer acknowledgments and signatures

   (2)  If a supplier enters into a contract with a consumer, the supplier shall ensure that the consumer provides such acknowledgments and signatures as may be prescribed, in such form or manner as may be prescribed, and respecting such information or matters as may be prescribed.

Information, etc., not permitted in contracts

   (3)  A contract with a consumer shall not contain or be accompanied by such information or requirements or obligations, as may be prescribed.

Text-based copy of contract

   13.  (1)  If a supplier enters into a contract with a consumer, the supplier shall deliver a text-based copy of the contract to the consumer within the prescribed time.

Copy in prescribed form

   (2)  Where a supplier enters into a contract with a consumer and the consumer is a member of a prescribed class of consumers, the supplier shall, within the prescribed time, provide the consumer with a copy of the contract in such form as may be prescribed, if the consumer requests it.

Contract deemed void

   (3)  A contract is deemed to be void in accordance with section 16, in any of the following circumstances:

    1.  If no request is made under subsection (2) and the supplier fails to deliver a copy of the text-based contract in accordance with subsection (1).

    2.  If a request is made under subsection (2) and the supplier fails to provide a copy of the contract in the prescribed form.

    3.  If a request is made under subsection (2) and the supplier fails to provide a copy of the contract in the prescribed time.

Requirement of acknowledgment of receipt

   14.  For the purposes of this Part, a requirement that a contract be delivered or provided to a consumer includes a requirement that the consumer acknowledges, in such form or manner as may be prescribed, that the consumer has received it and the consumer is deemed to have acknowledged receipt at the prescribed time.

Need for verification of contract

   15.  (1)  If a text-based copy of the contract has been delivered to a consumer in accordance with subsection 13 (1) or a copy of the contract has been provided in accordance with subsection 13 (2), the contract is deemed to be void unless it is verified by a person who meets such conditions and qualifications as may be prescribed.

Persons not permitted to verify contract

   (2)  Despite subsection (1), a contract shall not be verified by persons or classes of persons as may be prescribed.

Verification in accordance with regulations

   (3)  A person may verify a contract only in accordance with the regulations.

Timing of verification

   (4)  Unless otherwise prescribed, a person may verify the contract under subsection (2) no earlier than the 10th day and no later than the 60th day following the day on which a copy of the contract is delivered or provided to the consumer in accordance with section 13.

Consumer notice that contract not verified

   (5)  The consumer may, in accordance with the regulations, give notice to not have the contract verified, at any time before the verification of the contract under this section.

Application of subss. (1) to (5)

   (6)  Subsections (1), (2), (3), (4) and (5) apply with respect to contracts entered into on or after the day on which this section comes into force.

Contract deemed void

   16.  (1)  A contract is deemed to be void if,

  (a)  at the time the consumer enters into the contract the consumer does not provide the acknowledgments and signatures required under subsection 12 (2);

  (b)  a text-based copy of the contract is not delivered to the consumer in accordance with subsection 13 (1);

   (c)  a text-based copy of the contract is delivered to the consumer in accordance with subsection 13 (1) and,

           (i)  the contract is not verified in accordance with section 15, or

          (ii)  the consumer gives notice in accordance with subsection 15 (5) to not have the contract verified;

  (d)  a copy of the contract is not provided to the consumer in the prescribed form in accordance with subsection 13 (2), if requested by the consumer;

  (e)  a copy of the contract is provided to the consumer in the prescribed form in accordance with subsection 13 (2), if requested by the consumer and,

           (i)  the contract is not verified in accordance with section 15, or

          (ii)  the consumer gives notice in accordance with subsection 15 (5) to not have the contract verified; or

    (f)  the prescribed circumstances apply.

No cause of action

   (2)  No cause of action against the consumer arises as a result of a contract being deemed to be void under subsection (1) or as a result of the operation of subsection (4).

Refund within prescribed time

   (3)  Within a prescribed number of days after a contract is deemed to be void under this section, the supplier shall refund to the consumer the money paid by the consumer under the contract.

Consequences of contract being deemed to be void

   (4)  If a contract is deemed to be void under this section, the consumer shall not be liable for any obligations under the contract or a related agreement, including obligations purporting to be incurred as cancellation charges, administration charges or any other charges or penalties.

Application of ss. 15 (1) to (5) and 16 (1) (c) and (e)

   17.  (1)  Subsections 15 (1) to (5) and clauses 16 (1) (c) and (e) do not apply to the following contracts:

    1.  A contract negotiated and entered into as a result of a consumer contacting a supplier, unless the contact occurs within 30 days after the supplier contacts the consumer.

    2.  A contract entered into by a consumer’s response to a direct mail solicitation from a supplier.

    3.  An internet agreement within the meaning of Part IV of the Consumer Protection Act, 2002.

Same

   (2)  For the purpose of paragraph 1 of subsection (1), a supplier is deemed not to have contacted a consumer if the sole contact by the supplier is through the dissemination of an advertisement that is seen or heard by the consumer.

Renewals, extensions and amendments of contracts

   18.  (1)  A contract with a consumer may be renewed or extended or amended only in accordance with the regulations.

Application of subs. (1)

   (2)  Subsection (1) applies to,

  (a)  the renewal or extension of any contract that would, if not renewed or extended, expire after subsection (1) comes into force; and

  (b)  the amendment of any contract that would have effect after subsection (1) comes into force,

whether the contract was made before or after subsection (1) comes into force.

Cancellation of contracts

Cancellation, cooling-off period

   19.  (1)  A consumer may, without any reason, cancel a contract at any time from the date of entering into the contract until 10 days after,

  (a)  a text-based copy of the contract, or a copy of the contract in the form required under subsection 13 (2) if applicable, is delivered to the consumer; and 

  (b)  the consumer acknowledges its receipt in accordance with section 14.

Same, contract does not meet requirements

   (2)  A consumer may cancel a contract at any time after the date of entering into the contract if the requirements referred to in subsection 12 (1) are not met.

Same, unfair practices

   (3)  A consumer may cancel a contract at any time after the date of entering into the contract if the supplier engages in an unfair practice.

Same, other prescribed circumstances

   (4)  A consumer may cancel a contract under such other circumstances as may be prescribed.

Same, without cause

   (5)  In addition to any other rights under this Part, a consumer may cancel a contract at any time and without cause, but the consumer must give the prescribed period of notice of cancellation.

Application

   20.  (1)  Subsections 19 (1) and (2) apply with respect to contracts entered into on or after the day on which this subsection comes into force.

Same

   (2)  Subsection 19 (3) applies with respect to contracts entered into on or after the day on which this subsection comes into force.

Same

   (3)  Subsection 19 (4) applies with respect to contracts entered into on or after the day on which this subsection comes into force.

Same

   (4)  Subsection 19 (5) applies with respect to contracts entered into on or after the day on which this subsection comes into force.

No required form of cancellation

   21.  (1)  Cancellation of a contract by a consumer pursuant to this Part may be expressed in any way, as long as it indicates the intention of the consumer to cancel the contract.

Notice of cancellation

   (2)  Unless the regulations provide otherwise, the notice of cancellation shall be in writing.

Means of delivery

   (3)  A notice of cancellation may be given to a supplier by any means that provides evidence of the date on which the consumer delivered or sent the notice, including personal delivery, registered mail, courier or fax.

When given

   (4)  Where notice of cancellation is given other than by personal delivery, the notice is deemed to have been given to the supplier when delivered or sent in accordance with subsection (3).

When effective

   (5)  Unless otherwise prescribed, if a contract is cancelled pursuant to section 19, the cancellation takes effect on such day as is prescribed or as is determined in accordance with the regulations.

Extended meaning of contract

   (6)  For the purposes of subsections (1), (2) and (3) and 23 (1), (2) and (3), the term “contract” is deemed to include such other agreements as may be prescribed between the consumer and the retailer or its affiliates.

Cancellation fees and other obligations

Cancellations, s. 19 (1), (2) or (3)

   22.  (1)  A consumer who cancels a contract under subsection 19 (1), (2) or (3) is not liable for,

  (a)  any obligations in respect of the cancellation, including obligations purporting to be incurred as cancellation charges, administration charges or any other charges or fees; or

  (b)  any monetary obligations under the contract respecting any period after the cancellation takes effect.

Same, s. 19 (4) or (5)

   (2)  A consumer who cancels a contract under subsection 19 (4) or (5) is liable for,

  (a)  such class or classes of obligations, including charges or fees, in respect of the cancellation as may be prescribed and no others, but in no case is the consumer liable for any monetary obligations that are prescribed as excluded from liability or for more than any prescribed amount of such monetary obligations or any amount determined in accordance with the regulations; and

  (b)  such class or classes of monetary obligations under the contract as may be prescribed, respecting any period after the cancellation takes effect, but in no case is the consumer liable for more than any prescribed amount of such obligations or any amount determined in accordance with the regulations.

Refunds on cancellation

Cancellation, s. 19 (1) or (3)

   23.  (1)  Within such time period as may be prescribed, after a cancellation takes effect under subsection 19 (1) or (3), the supplier shall refund to the consumer any amount paid by the consumer under the contract.

Same, s. 19 (2)

   (2)  Within such time period as may be prescribed, after a cancellation under subsection 19 (2) takes effect, the supplier shall refund to the consumer the amount prescribed by regulation or determined in accordance with the regulations.

Same, s. 19 (4)

   (3)  Within such time period as may be prescribed, after a cancellation under subsection 19 (4) takes effect, the supplier shall refund to the consumer the amount, if any, prescribed by regulation or determined in accordance with the regulations.

Return of pre-payment

   24.  Within such time period as may be prescribed, after a cancellation under subsection 19 (2), (4) or (5) takes effect, the supplier shall refund any amount paid by the consumer under the contract before the day the cancellation took effect in respect of electricity or gas that was to be sold on or after that day.

Retailer to ensure reading of consumer’s meter

   25.  (1)  If a consumer gives notice of a cancellation under subsection 21 (2) with respect to a contract for the provision of electricity, the retailer shall promptly notify the distributor that the contract has been cancelled and the distributor shall read the consumer’s electricity meter within the prescribed period.

Retailer responsible for additional costs

   (2)  The retailer is responsible for the payment to the distributor of any additional costs that are incurred by the distributor to ensure compliance with this section.

No cause of action for cancellation

   26.  No cause of action against the consumer arises as a result of the cancellation of a contract under this Part.

Right of action in case of dispute

   27.  A consumer may commence an action against the supplier to recover the amount provided in subsection 28 (2) and in addition may seek such other damages or relief as are provided in subsection 28 (3),

  (a)  if the consumer has cancelled a contract under this Part; or

  (b)  if the contract is deemed to be void under section 16 and,

the consumer has not received a refund within such time period as may be prescribed after the effective date of cancellation or the day the contract is deemed void.

Action in Superior Court of Justice

   28.  (1)  If a consumer has a right to commence an action under this Act, the consumer may commence the action in the Superior Court of Justice.

Judgment

   (2)  If the consumer is successful in an action commenced under section 27, unless in the circumstances it would be inequitable to do so, the court shall order that the consumer recover,

  (a)  in the case of a cancellation under subsection 19 (2), (4) or (5), all of the money paid by the consumer under the contract;

  (b)  in the case of a cancellation under subsection 19 (1) or (3), twice the amount of the money paid by the consumer under the contract; and

   (c)  in the case of a contract that is deemed to be void, twice the amount of the money paid by the consumer under the contract.

Same

   (3)  In addition to any order that may be made under subsection (2), the court may order exemplary or punitive damages or such other relief as the court considers proper.

Evidence

   (4)  In the trial of an issue under this section, oral evidence respecting an unfair practice is admissible despite the existence of a written contract or written agreement and despite the fact that the evidence pertains to a representation in respect of a term, condition or undertaking that is or is not provided for in the contract or agreement.

Waiver of notice

   29.  If a consumer is required to give notice under this Part in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so.

Review of Part II of Act

   30.  (1)  The Minister may require the Board to review Part II of the Act and the regulations made under Part II three years after this Part comes into force.

Report

   (2)  If a review is required by the Minister under subsection (1), the Board shall prepare a report as expeditiously as possible on its review and, in the report, the Board may recommend changes to Part II and the regulations made under Part II.

PART III
Suite metering

Definitions

   31.  In this Part,

“bulk meter” means a device used to measure the aggregate electricity consumption of a multi-unit complex, and includes any associated equipment, systems and technologies, but does not include a meter; (“compteur collectif”)

“consumer” means a person who uses, for the person’s own consumption, electricity that the person did not generate; (“consommateur”)

“meter” means a device used to measure electricity consumption and includes any associated equipment, systems and technologies, but does not include a bulk meter; (“compteur”)

“multi-unit complex” means,

  (a)  a building or related group of buildings in which two or more units are located,

  (b)  a residential complex as such term is defined in the Residential Tenancies Act, 2006,

   (c)  a building that forms part of a property as defined in the Condominium Act, 1998, or

  (d)  such other properties or classes of properties as may be prescribed,

but excludes such properties or classes of properties as may be prescribed; (“ensemble collectif”)

“suite meter” means a unit smart meter or a unit sub-meter; (“compteur individuel”)

“suite meter data” means data derived from a suite meter, including data related to the consumption of electricity as measured by the suite meter; (“données de compteur individuel”)

“suite metering” means unit smart metering or unit sub-metering; (“activités liées aux compteurs individuels”)

“suite meter provider” means a unit smart meter provider or unit sub-meter provider; (“fournisseur de compteurs individuels”)

“suite meter specifications” has the same meaning as in subsection 32 (2); (“caractéristiques des compteurs individuels”)

“unit” means,

  (a)  a residential unit as such term is defined in the Residential Tenancies Act, 2006,

  (b)  a rental unit as such term is defined in the Residential Tenancies Act, 2006,

   (c)  a unit as such term is defined in the Condominium Act, 1998, or

  (d)  such other properties or classes of properties as may be prescribed,

but excludes such properties or classes of properties as may be prescribed; (“unité”)

“unit meter” means a meter used to measure the electricity consumption of a unit or part of a unit, and includes any associated equipment, systems and technologies, but excludes any prescribed class of meters for any prescribed class of properties in any prescribed circumstances; (“compteur d’unité”)

“unit smart meter” means a unit meter that is installed by a distributor in a unit of a multi-unit complex where the multi-unit complex is not connected to a bulk meter, and includes such other meters as may be prescribed; (“compteur intelligent d’unité”)

“unit smart metering” means such activities in relation to unit smart meters in multi-unit complexes as may be prescribed, under such circumstances as may be prescribed, for such classes of property or classes of consumers as may be prescribed, subject to such conditions as may be prescribed; (“activités liées aux compteurs intelligents d’unité”)

“unit smart meter provider” means a distributor licensed by the Board to engage in unit smart metering; (“fournisseur de compteurs intelligents d’unité”)

“unit sub-meter” means a unit meter that is installed by a unit sub-meter provider in a unit of a multi-unit complex where the multi-unit complex is connected to a bulk meter, and includes such other meters as may be prescribed; (“compteur divisionnaire d’unité”)

“unit sub-metering” means such activities in relation to unit sub-meters in multi-unit complexes as may be prescribed, under such circumstances as may be prescribed, for such classes of property or classes of consumers as may be prescribed, subject to such conditions as may be prescribed; (“activités liées aux compteurs divisionnaires d’unité”)

“unit sub-meter provider” means a person, including a distributor, licensed by the Board to engage in unit sub-metering, or such other persons or classes of persons as may be prescribed. (“fournisseur de compteurs divisionnaires d’unité”)

Suite meter specifications

   32.  (1)  When a suite meter provider installs a suite meter or replaces an existing meter or suite meter, the suite meter provider shall use a suite meter that meets the suite meter specifications.

Definition, specifications

   (2)  In this section,

“suite meter specifications” means the specifications that are prescribed by regulation or mandated by a code issued by the Board or by an order of the Board, or meet the criteria or requirements prescribed by regulation or mandated by a code issued by the Board or by an order of the Board, under the circumstances prescribed by regulation or mandated by a code issued by the Board or by an order of the Board in respect of,

  (a)  types, classes or kinds of suite meters,

  (b)  properties or classes of properties, and

   (c)  consumers or classes of consumers.

Requirements to take certain actions

   (3)  A regulation, code or order referred to in the definition of “suite meter specifications” in subsection (2) may require that a suite meter provider take certain actions and may require that the actions be taken within a specified time.

Exclusive authority of Board

   (4)  A regulation referred to in the definition of “suite meter specifications” in subsection (2) may provide the Board with exclusive authority to approve or authorize the suite meters after a prescribed date.

Obligations of distributors, etc., re procurement, contracts or arrangements

   (5)  When a suite meter provider enters into a procurement process, contract or arrangement in relation to suite metering, the procurement process, contract or arrangement shall meet any criteria or requirements that may be prescribed by regulation or mandated by a code issued by the Board or by an order of the Board.

Installation of suite meters permitted

   33.  (1)  A suite meter provider may, in such circumstances as may be prescribed and subject to such conditions as may be prescribed, install a suite meter in such properties or classes of properties as may be prescribed and for such consumers or classes of consumers as may be prescribed.

Installation of suite meters required

   (2)  Such persons or classes of persons as may be prescribed shall, in such circumstances as may be prescribed and subject to such conditions as may be prescribed, have a suite meter installed by a suite meter provider in such properties or classes of properties as may be prescribed and for such consumers or classes of consumers as may be prescribed.

Same, condominiums

   (3)  The provisions of subsections (1) and (2) apply despite a registered declaration made in accordance with the Condominium Act, 1998, if a suite meter is installed in accordance with this section in respect of a unit of a condominium.

Use of suite meters for billing permitted

   34.  (1)  Subject to subsection (6), if a suite meter is installed in accordance with section 33 or in such circumstances as may be prescribed in respect of a unit of a prescribed class of properties, a suite meter provider may, in the prescribed circumstances, subject to the prescribed conditions and for the prescribed consumers or prescribed classes of consumers, bill the consumer based on the consumption or use of electricity by the consumer in respect of the unit as measured by the suite meter.

Use of meters for billing required

   (2)  Subject to subsection (6), if a suite meter is installed in accordance with section 33 in respect of a unit of a prescribed class of properties, a suite meter provider shall, in the prescribed circumstances and subject to the prescribed conditions, and for the prescribed consumers or prescribed classes of consumers, bill the consumer based on the consumption or use of electricity by the consumer in respect of the unit as measured by the suite meter.

Use of meters prohibited

   (3)  Except as provided in subsections (1) and (2), no person shall bill a prescribed class of consumers for electricity consumed in a unit of a prescribed class of properties as measured by a suite meter.

Energy efficiency, etc.

   (4)  For the purposes of subsections (1) and (2), prescribed circumstances or prescribed conditions may include, but are not limited to, circumstances or conditions relating to energy efficiency, energy conservation or meter functionality.

Priority over registered declaration

   (5)  Subsections (1) and (2) apply in priority to any registered declaration made in accordance with the Condominium Act, 1998 or any by-law made by a condominium corporation registered in accordance with that Act and shall take priority over the declaration or by-law to the extent of any conflict or inconsistency, if a suite meter is installed in accordance with section 33 in respect of a unit of a condominium.

Requirement to provide information

   (6)  If a suite meter is installed in accordance with section 33 in respect of a unit of a prescribed class of properties for a prescribed class of consumers, the suite meter provider or such other persons or class of persons as may be prescribed shall, in the prescribed circumstances, provide the consumer or such other persons or class of persons as may be prescribed with such information as may be prescribed, at such time as may be prescribed, presented in such form and manner as may be prescribed.

No billing of consumer based on time of use

   (7)  A regulation made in respect of subsection (6) may provide that the suite meter provider shall not bill the consumer based on the consumption or use of electricity by the consumer in respect of the unit, if at the time of the billing there is outstanding non-compliance with subsection (6).

PART iV
Regulations

Regulations, general

   35.  (1)  The Lieutenant Governor in Council may make regulations prescribing anything that is required or permitted to be prescribed or that is required or permitted to be done in accordance with the regulations or as provided in the regulations.

Same

   (2)  The Lieutenant Governor in Council may make regulations,

  (a)  exempting any person or class of persons from any provision of this Act, subject to such conditions or restrictions as may be prescribed by the regulations;

  (b)  defining any word or expression used in this Act that is not defined in this Act.

Same, Part II

   (3)  For the purposes of Part II, the Lieutenant Governor in Council may make regulations,

  (a)  prescribing the amount of electricity and gas for the purposes of the definition of “consumer” in section 2;

  (b)  prescribing forms, media and formats for the purposes of the definition of “text-based” in section 2 and forms, media and formats that are excluded from the definition;

   (c)  prescribing formats for electronic information for the purposes of subsection 7 (4);

  (d)  prescribing requirements for the purposes of subsection 7 (5);

  (e)  governing disclosure requirements for the purposes of subsection 8 (1);

    (f)  prescribing the manner of determining the price a retailer charges for electricity and the requirements used in determining it for the purposes of section 9;

  (g)  governing unfair practices;

   (h)  governing consumer contracts;

    (i)  prescribing the persons or classes of persons acting on behalf of the account holder for the purposes of subsection 11 (4);

    (j)  for the purposes of subsection 12 (1),

           (i)  governing information required to be contained in contracts, the form and manner of its presentation and the circumstances under which the information is to be provided,

          (ii)  governing what information is required in the information and documents that must accompany contracts, the languages in which the information and documents may be provided, the form and manner of their presentation and the circumstances under which they are to be provided, and

         (iii)  providing that such a regulation prevails over any code governing the conduct of a retailer issued by the Board under section 70.1 of the Ontario Energy Board Act, 1998 or any rules that apply to gas marketing made by the Board under clause 44 (1) (c) of the Ontario Energy Board Act, 1998;

   (k)  for the purposes of subsection 12 (2), governing acknowledgments and signatures, prescribing their form or manner and respecting information and matters to which they apply;

    (l)  governing information, requirements or obligations that shall not be contained in or accompany any contract;

(m)  governing the time in which a supplier must deliver a text-based copy of a contract to a consumer for the purposes of subsection 13 (1);

   (n)  prescribing the class or classes of consumers that may receive a contract in a prescribed form and within a prescribed time for the purposes of subsection 13 (2);

  (o)  governing acknowledgment of delivery of contracts and prescribing the time or the manner of determining the time in which the consumer is deemed to have acknowledged receipt of the contract for the purposes of section 14;

  (p)  governing the verification under section 15, including,

           (i)  the conditions and qualifications of the persons or class of persons who verified the contract,

          (ii)  the persons or class or persons who are  excluded from verifying contracts, and

         (iii)  the notice given by a consumer under subsection 15 (5) not to have the contract verified;

  (q)  prescribing the circumstances in which a contract is deemed void and respecting the number of days or the manner of calculating the number of days after which a contract is deemed void for the purposes of section 16;

   (r)  governing the renewal, extension or amendment of contracts under Part II;

   (s)  prescribing circumstances under which a contract may be cancelled under subsection 19 (4) and the prescribed period of notice a consumer must give to cancel a contract under subsection 19 (5);

    (t)  governing the cancellation of contracts by a consumer, including governing notice of cancellation of a contract and when a cancellation takes effect;

   (u)  prescribing what agreements may be included in the term “contract” for the purposes of subsection 21 (6);

   (v)  respecting the class of obligations, including charges or fees and amount of the obligations for the purposes of section 22 and respecting the amount of obligations that are excluded from liability, as well as the amount of such monetary obligations or any other amount;

  (w)  governing the liability of consumers who cancel a contract under subsections 19 (4) and (5) and distinguishing between cancellations under subsections 19 (4) and (5);

   (x)  governing refunds to the consumer after a cancellation of a contract takes effect, the time or the manner of calculating the time in which a refund must be paid and the amount of the refund or the manner of determining the refund for the purposes of section 23;

   (y)  prescribing the time period or the manner of determining the time period in which a refund is to paid to a consumer for the purposes of section 24;

   (z)  governing the period in which a distributor is to read a consumer’s electricity meter under subsection 25 (1).

Same, Part III

   (4)  For the purposes of Part III, the Lieutenant Governor in Council may make regulations,

  (a)  prescribing properties or classes of properties for the purposes of the definition of “multi-unit complexes” in section 31 and excluding properties or classes of properties for the purposes of that definition;

  (b)  prescribing properties or classes of properties for the purposes of the definition of “unit” in section 31 and excluding properties or classes of properties for the purposes of that definition;

   (c)  prescribing classes of meters, classes of properties and circumstances for the purposes of the definition of “unit meter” in section 31;

  (d)  prescribing other meters for the purposes of the definition of “unit smart meter” in section 31;

  (e)  prescribing, for the purposes of the definition of “unit smart metering” in section 31,

           (i)  activities in relation to unit smart meters in multi-unit complexes,

          (ii)  circumstances in which activities may be carried out in relation to unit smart meters,

         (iii)  classes of properties or classes of consumers,

         (iv)  conditions that may apply to carrying out the activities referred to in that definition;

    (f)  prescribing meters for the purposes of the definition of “unit sub-meter” in section 31;

  (g)  prescribing, for the purposes of the definition of “unit sub-metering” in section 31,

           (i)  activities in relation to unit sub-meters in multi-unit complexes,

          (ii)  circumstances in which activities may be carried out in relation to unit sub-meters,

         (iii)  classes of properties or classes of consumers,

         (iv)  conditions that may apply to carrying out the activities referred to in that definition;

   (h)  prescribing persons or classes of persons for the purposes of the definition of “unit sub-meter provider” in section 31;

    (i)  governing suite meter specifications for the purposes of section 32, including prescribing,

           (i)  types, classes or kinds of suite meters,

          (ii)  properties or classes of properties,

         (iii)  consumers or classes of consumers, and

         (iv)  criteria or requirements that must be met with respect to subclauses (i), (ii) and (iii);

    (j)  prescribing a date after which the Board has exclusive authority to approve or authorize suite meters;

   (k)  prescribing criteria or requirements that a suite meter provider must satisfy when entering into a procurement process, contract or arrangement for the purposes of subsection 32 (5);

    (l)  prescribing, for the purposes of section 33, the persons or classes of persons who are required to install suite meters, the circumstances in which such persons or classes of persons are required to install suite meters, the circumstances in which a suite meter provider is permitted to install suite meters, the properties or classes of properties where they may or must be installed and the consumers or classes of consumers to which the regulation may or must apply;

(m)  prescribing, for the purposes of subsection 34 (1), the circumstances in which that subsection applies, the conditions to which that subsection is subject, the circumstances in which a suite meter provider is permitted to bill consumers based on their consumption or use of electricity, the classes of properties in respect of which such billing is permitted and the consumers or classes of consumers who may or must be so billed;

   (n)  prescribing, for the purposes of subsection 34 (2), the conditions to which that subsection is subject, the circumstances in which a suite meter provider is required to bill consumers based on their consumption or use of electricity, the classes of properties in respect of which such billing is permitted and the consumers or classes of consumers who may or must be so billed;

  (o)  prescribing classes of consumers and classes of properties for the purposes of subsection 34 (3);

  (p)  prescribing, for the purposes of subsection 34 (6),

           (i)  classes of properties and classes of consumers,

          (ii)  persons or classes of persons, and

         (iii)  information and the form and manner of the presentation of the information.

Same, transition

   (5)  The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of this Act.

Part V
Consequential Amendments To Other Acts
Commencement and Short Title

Consumer Protection Act, 2002

   36.  (1)  Subsection 2 (4) of the Consumer Protection Act, 2002 is repealed.

   (2)  The definitions of “gas marketer” and “retailer of electricity” in subsection 2 (5) of the Act are repealed.

Electricity Act, 1998

   37.  (1)  Subsection 2 (1) of the Electricity Act, 1998 is amended by adding the following definitions:

“suite meter” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“compteur individuel”)

“suite metering” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“activités liées aux compteurs individuels”)

“suite meter provider” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“fournisseur de compteurs individuels”)

   (2)  Section 2 of the Act is amended by adding the following subsection:

Exception, “security”

   (1.4)  The definition of “security” in subsection (1) does not apply in respect of section 30.1.

   (3)  The Act is amended by adding the following section:

Manner of connection

   28.1  A distributor to whom section 28 applies shall connect a building to its distribution system in such manner as may be prescribed by regulation, under such circumstances as may be prescribed by regulation, for such properties or classes of properties as may be prescribed by regulation, and for such consumers or classes of consumers as may be prescribed by regulation.

   (4)  The Act is amended by adding the following section:

Security criteria

   30.1  (1)  Where a distributor or suite meter provider requires security for the payment of charges related to electricity by or on behalf of a prescribed consumer or a member of a prescribed class of consumers, the distributor or suite meter provider shall,

  (a)  meet the criteria or requirements prescribed by regulation; and

  (b)  satisfy the criteria or requirements in any order made by the Board or code issued by the Board.

Security, requirements, etc.

   (2)  If required to do so by regulation, a distributor or suite meter provider shall,

  (a)  meet specific requirements in relation to any security being required by it in respect of consumers or members of a class of consumers;

  (b)  accept forms of security prescribed by regulation and, in circumstances prescribed by regulation, shall forego any requirement for security; and

   (c)  provide consumers or classes of consumers prescribed by regulation with alternative security arrangements, which meet the criteria prescribed by regulation, where the conditions or circumstances prescribed by regulation are satisfied by the consumers or classes of consumers.

Additional requirements

   (3)  In addition to the matters referred to in subsection (2), a distributor or suite meter provider shall comply with such other requirements with respect to security as may be prescribed.

Definition

   (4)  For the purposes of this section,

“security” has the meaning as may be prescribed by regulation. 

   (5)  Section 31 of the Act is repealed and the following substituted:

Termination of service

   31.  (1)  A distributor or suite meter provider may shut off the distribution of electricity to a property,

  (a)  if any amount payable by a person for the distribution or retail of electricity to the property pursuant to section 29 or Part III of the Energy Consumer Protection Act, 2010 is overdue; and

  (b)  if the shutting off of the distribution of electricity to the property complies with any condition of a licence of the distributor or suite-meter provider included in the licence under clause 70 (2) (d.1) of the Ontario Energy Board Act, 1998.

Notice, to whom

   (2)  A distributor or suite meter provider shall provide reasonable notice of the proposed shut-off of the distribution of electricity to,

  (a)  the person who is responsible for the overdue amount; and

  (b)  any other person who resides at the property who meets the criteria prescribed by regulation.

Notice, means

   (3)  The notice of the proposed shut-off of the distribution of electricity shall be provided,

  (a)  by personal service, prepaid mail or posting the notice in a conspicuous place on the property where the electricity is distributed; or

  (b)  by such other means or in such manner as is prescribed by regulation.

Notice, information and manner of presentation

   (4)  The notice of the proposed shut-off of the distribution of electricity shall contain such information as may be prescribed by regulation and the information shall be presented in such manner as may be prescribed by regulation.

Recovery of amount

   (5)  A distributor or suite meter provider may recover all amounts payable despite shutting off the distribution of electricity.

Exception

   (6)  A distributor or suite meter provider shall not shut off the distribution of electricity to a property where it has received by the time prescribed by regulation such information as may be prescribed by regulation about the consumer or member of a class of consumers prescribed by regulation who resides at the property under such circumstances as may be prescribed by regulation,

  (a)  where the consumer does such things, or takes such steps or actions as may be prescribed by the regulations or provides such information as may be prescribed by the regulations to the distributor, the suite meter provider, the Board or such other entity as may be prescribed by regulation; or

  (b)  during any period prescribed by the regulations.

Same

   (7)  For the purposes of subsection (6), where a regulation requires that a thing be done, a step be taken or information be provided by a certain date, a distributor shall not shut off the distribution of electricity to the property before the time prescribed by regulation has elapsed.

Same, different steps

   (8)  For the purposes of subsection (6), a prescribed consumer or a member of a prescribed class of consumers may be required to take different prescribed steps during the different prescribed periods provided for under that subsection.

Restoration of electricity

   (9)  If a distributor or suite meter provider shuts off the distribution of electricity to a property in contravention of this section, the distributor or suite meter provider shall, as soon as possible,

  (a)  restore, without charge, the distribution of electricity to the property; and

  (b)  compensate any person who suffered a loss as a result of the shut-off of electricity.

   (6)  Subsection 48.1 (1) of the Act is repealed and the following substituted:

Statutory duties and restrictions

   (1)  Hydro One Inc. shall, through one or more subsidiaries, operate generation facilities and distribution systems in, and shall distribute electricity within, such communities as may be prescribed by regulation, whether or not the community is connected to the IESO-controlled grid, and shall do so in accordance with such conditions and restrictions as may be prescribed by regulation.

   (7)  Section 53.17 of the Act is repealed.

   (8)  Subsection 53.18 (1) of the Act is amended by striking out “a regulation” and substituting “a regulation, the Energy Consumer Protection Act, 2010”.

   (9)  Clause 53.21 (1) (m) of the Act is amended by striking out “subsections 53.16 (3) and 53.17 (4), as the case may be” at the end and substituting “subsection 53.16 (3)”.

   (10)  Clauses 53.21 (1) (o) and (p) of the Act are repealed.

   (11)  Subsection 114 (1) of the Act is amended by adding the following clauses:

(f.0.1)  for the purposes of section 28.1, prescribing the manner and the circumstances by which a distributor must connect a building to its distribution system;

(f.0.2)  prescribing properties and classes of properties and consumers and classes of consumers for the purposes of section 28.1;

(f.0.3)  prescribing consumers or classes of consumers for the purposes of section 30.1;

(f.0.4)  prescribing the requirements where a distributor or suite meter provider must provide consumers or classes of consumers with specific arrangements in respect of security, including the type or kind of arrangements which the distributor or suite meter provider must accept and prescribing alternative arrangements in respect of security for the purposes of section 30.1;

(f.0.5)  governing security, alternative security arrangements and the criteria that must be satisfied with respect to security or alternative security arrangements for the purposes of section 30.1;

(f.0.6)  prescribing the meaning of “security” for the purposes of section 30.1;

   (12)  Clause 114 (1) (f.1) of the Act is repealed and the following substituted:

(f.1)  for the purposes of section 31 (termination of service), governing all matters dealt with in that section that are required or permitted to be prescribed by regulation or that are required or permitted to be done in accordance with the regulations;

Ontario Energy Board Act, 1998

   38.  (1)  Section 3 of the Ontario Energy Board Act, 1998 is amended by adding the following definitions:

“enforceable provision” means,

  (a)  a provision of this Act or the regulations,

  (b)  a provision of Part II of the Energy Consumer Protection Act, 2010 or of the regulations made under it,

   (c)  a provision of Part III of the Energy Consumer Protection Act, 2010 or of the regulations made under it,

  (d)  section 25.33, 25.34, 25.36, 25.37, 26, 27, 28, 28.1, 29, 30.1, 31, 53.11, 53.13, 53.15, 53.16 or 53.18 of the Electricity Act, 1998, or any other provision of that Act that is prescribed by the regulations,

  (e)  regulations made under clause 114 (1.3) (f) or (h) of the Electricity Act, 1998,

    (f)  a condition of a licence issued under Part IV, V or V.1,

  (g)  a provision of the rules made by the Board under section 44 or a code issued under section 70.1, 70.2 or 70.3,

   (h)  a provision of an order of the Board,

    (i)  a provision of an assurance of voluntary compliance that is given to the Board under section 112.7 or that was entered into under section 88.8 before that section was repealed, or

    (j)  a provision of any other Act or the regulations made under an Act, as may be prescribed by regulation; (“disposition exécutoire”)

“suite meter” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“compteur individuel”)

“unit smart metering” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“activités liées aux compteurs intelligents d’unité”)

“unit smart meter provider” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“fournisseur de compteurs intelligents d’unité”)

“unit sub-metering” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“activités liées aux compteurs divisionnaires d’unité”)

“unit sub-meter provider” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“fournisseur de compteurs divisionnaires d’unité”)

   (2)  Section 12.1 of the Act is amended by adding the following subsection:

Mandatory fees re gas marketers and retailers of electricity

   (4)  The management committee shall, as of the time or times prescribed by regulation, set and charge fees for the licensing of gas marketers under section 48 and retailers of electricity under section 57.

   (3)  The Act is amended by adding the following section:

Directives, gas marketers and electricity retailers

   28.7  (1)  The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council in relation to the marketing of gas and the retailing of electricity in Ontario.

Same

   (2)  A directive issued under subsection (1) may require the Board to take steps specified in the directive to promote fairness, efficiency and transparency in the retail market for gas and for electricity in Ontario or in respect of any activity associated with the marketing of gas or the retailing of electricity within Ontario.

Same

   (3)  A directive may require the Board to amend licences referred to in section 48 in respect of gas marketers or under section 57 in respect of retailers of electricity and may require the Board to amend all licences so issued or to amend specific licences of specified licensees.

Licence conditions

   (4)  The directives may require the Board, in the manner specified in the directives, to amend conditions in licences issued by the Board that relate to gas marketers or retailers of electricity, including the following:

    1.  Conditions regarding the operations and management and business practices of a gas marketer or retailer of electricity, including but not limited to the conduct of employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity.

    2.  Activities, conduct or practices that must, may or may not be undertaken by a gas marketer or retailer of electricity, its employees, agents or third parties acting on behalf of the gas marketer or the retailer of electricity.

    3.  Conditions requiring or imposing standards that are required to be met by a gas marketer or retailer of electricity or its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including standards related to,

            i.  education, training, certification and communications,

           ii.  business practices,

          iii.  performance standards,

          iv.  background verifications and assessments as required under paragraph 6,

           v.  record keeping,

          vi.  contracting, including standards related to contracting with certain specified classes of vulnerable consumers, and

         vii.  such other matters as may be specified in the directive.

    4.  Conditions requiring a gas marketer or retailer of electricity or its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity to provide such information orally or in writing to a consumer or a member of a class of consumers specified in the directive, the Board or the Ministry or to such other person or entity as may be specified in the directive, in the circumstances specified in the directive and within such time or times as may be specified in the directive.

    5.  Conditions requiring a gas marketer or retailer of electricity to meet criteria or requirements related to identification as specified in the directive, including criteria or requirements related to the identification credentials or badges or other forms of identification provided to its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity as may be specified in the directive.

    6.  Conditions requiring a gas marketer or retailer of electricity to meet specific criteria and requirements related to background verification and assessment of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including the requirement to establish a process or processes to conduct the verifications and assessments, and the criteria and requirements may include the time or times at which the verifications and assessments must be performed.

    7.  Conditions requiring a gas marketer or retailer of electricity to take the following steps or do the following things in respect of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity:

            i.  To establish a process or to follow or adhere to a process or processes as are prescribed by regulation or are approved by an order of the Board, for the following activities in respect of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity:

                  A.  licensing, including renewal, suspension and cancellation of licences,

                  B.  bonding and insurance,

                  C.  examination for credentials, certificates, accreditations or designations,

                  D.  the creation of codes of conduct, best practices and policies,

                  E.  requirements in relation to independence from or permissible investment in or association with the gas marketer or retailer of electricity or another licensee, and

                   F.  such other matters as may be specified in the directive.

           ii.  To conduct, at such times as may be specified in the directive, the activities referred to in this section in relation to each of its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity.

          iii.  To ensure that its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity adhere to the process or processes referred to in this section and, in particular, obtain any specified credentials, accreditations or designations referred to in this section by such time or times as may be specified in the directive.

    8.  Conditions identifying provisions which must be included in any arrangements or agreements, including arrangements or agreements relating to the marketing of gas or the retailing of electricity with specified classes of consumers, entered into by the gas marketer or retailer of electricity or third parties acting on behalf of the gas marketer or retailer of electricity and such conditions may specify or provide that the arrangements or agreements must contain specific conditions, restrictions, criteria or requirements relating to the arrangements or agreements.

Verification

   (5)  For the purposes of the verification of a contract required under Part II of the Energy Consumer Protection Act, 2010, a directive,

  (a)  may require the Board to prepare specified information, including preparing the information in languages specified in the directive, and to do so within the time specified in the directive; and

  (b)  may require that the Board require that gas marketers or retailers of electricity or specified classes of them,

           (i)  use the information in the manner specified in the directive, and

          (ii)  take such steps as may be specified in the directive to ensure that persons engaged by them in activities related to verification use the information in the manner specified in the directive.

Audit and investigation

   (6)  A directive issued under this section may require the Board to,

  (a)  exercise its authority under Part V.1 to audit the records and information of the gas marketer or retailer of electricity specified in the directive, in such manner as is specified in the directive;

  (b)  exercise its authority under Part VII to inspect the activities or conduct of the gas marketers or retailers of electricity or the classes of gas marketers or retailers of electricity, as are specified in the directive, in relation to compliance with this Act or its regulations;

   (c)  exercise its authority under Part VII to undertake random inspections of the activities or conduct, as are specified in the directive, of the gas marketers or retailers of electricity specified in the directive, in relation to compliance with this Act or its regulations;

  (d)  exercise its authority under Part VII.0.1 to investigate the activities or conduct or the classes of activities or conduct, as are specified in the directive, of gas marketers or retailers of electricity generally or of the classes of gas marketers or retailers of electricity as are specified in the directive, in relation to compliance with this Act or its regulations; 

  (e)  exercise its authority under Part VII.0.1 to investigate the number or percentage, as is specified in the directive, of complaints received by the Board against gas marketers or retailers of electricity and reasonably considered by the Board to have merit, in relation to compliance with this Act or its regulations.

Publication

   (7)  A directive issued under this section shall be published in The Ontario Gazette.

No hearing

   (8)  The Board shall amend the conditions as required by a directive without holding a hearing.

   (4)  Section 42 of the Act is amended by adding the following subsections:

Security

   (2.1)  In exercising its authority under subsection 50 (4) of the Public Utilities Act or any other Act, where a gas distributor requires security for the payment of charges related to gas by or on behalf of a consumer or a member of a class of consumers prescribed by regulation, the gas distributor shall,

  (a)  meet the criteria prescribed by regulation; and

  (b)  satisfy the criteria or requirements in any order made by the Board or rule issued by the Board.

Security, requirements, etc.

   (2.2)  If required to do so by regulation, a gas distributor shall,

  (a)  meet specific requirements in relation to any security being required by it in respect of consumers or members of a class of consumers;

  (b)  accept forms of security prescribed by regulation and, in circumstances prescribed by regulation, shall forego any requirement for security; and

   (c)  provide consumers or classes of consumers with alternative security arrangements, which meet the criteria prescribed by regulation, where the conditions or circumstances prescribed by regulation are satisfied by the consumers or classes of consumers.

Additional requirements

   (2.3)  In addition to the matters referred to in subsection (2.2), a gas distributor shall comply with such other requirements with respect to security as may be prescribed by regulation.

Definition

   (2.4)  For the purposes of subsections (2.1), (2.2) and (2.3),

“security” has the meaning as may be prescribed by regulation.

.     .     .     .     .

Stopping the distribution of gas

   (5)  In exercising its authority under section 59 of the Public Utilities Act or any other Act, a gas distributor may stop the distribution of gas to a property,

  (a)  if any amount payable by a person for the distribution or sale of gas is overdue; and

  (b)  if the stopping of the distribution of gas to the property complies with rules made under clause 44 (1) (b.1).

Notice, to whom

   (6)  A gas distributor shall provide notice of the proposal to stop distributing gas to,

  (a)  the person who is responsible for the overdue amount; and

  (b)  any other person who resides at the property who meets the criteria prescribed by regulation.

Notice, means

   (7)  The notice of the proposal to stop the distribution of gas shall be provided,

  (a)  by personal service, prepaid mail or posting the notice in a conspicuous place on the property where the gas is distributed; or

  (b)  by such other means or in such manner as is prescribed by regulation.

Notice, information and manner of presentation

   (8)  The notice of the proposal to stop the distribution of gas shall contain such information as may be prescribed by regulation and the information shall be presented in such manner as may be prescribed by regulation.

Recovery of any amount

   (9)  A gas distributor may recover all amounts payable despite stopping the distribution of gas.

Exception

   (10)  A gas distributor shall not stop the distribution of gas to a property where it has received by the time prescribed by regulation such information as may be prescribed by regulation about the consumer or member of a class of consumers prescribed by regulation who resides at the property under such circumstances as may be prescribed by regulation,

  (a)  where the consumer does such things, or takes such steps or actions as may be prescribed by the regulations or provides such information as may be prescribed by the regulations to the gas distributor, the Board or such other entity as may be prescribed by regulation; or

  (b)  during any period prescribed by the regulations.

Same

   (11)  For the purposes of subsection (10), where a regulation requires that a thing be done, a step be taken or information be provided by a certain date, a gas distributor shall not stop the distribution of gas to the property before the time prescribed by regulation has elapsed.

Same

   (12)  Subsections (10) and (11) apply despite the Public Utilities Act.

Same, different steps

   (13)  For the purposes of subsection (10), a prescribed consumer or a member of a prescribed class of consumers may be required to take different prescribed steps during the different prescribed periods provided for under that subsection.

Restoration of gas

   (14)  If a gas distributor stops distributing gas to a property in contravention of this section, the gas distributor shall, as soon as possible,

  (a)  restore, without charge, the distribution of gas to the property; and

  (b)  compensate any person who suffered a loss as a result of stopping the distribution of gas.

   (5)  Subsection 44 (1) of the Act is amended by adding the following clauses:

(b.1) subject to subsections 42 (5) to (14), governing the conduct of a gas distributor as the conduct relates to,

           (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,

          (ii)  the manner, timing and form in which the notice under subsection 42 (6) is to be provided to the person, and

         (iii)  the information to be included in the notice to the person;

(b.2) subject to the regulations, governing the manner and circumstances in which security is to be provided, including where security is to be provided or not to be provided by a gas consumer to a gas distributor and,

           (i)  the interest rate to be applied to amounts held on deposit and payable by the gas distributor to the consumer for the amounts,

          (ii)  the manner and time or times by which the amounts held on deposit may or must be paid or set-off against amounts otherwise due or payable by the consumer,

         (iii)  the circumstances in which security need not be provided or in which specific arrangements in respect of security may or must be provided by the gas distributor to the consumer, and

         (iv)  such other matters as the Board may determine in respect of security;

(b.3) relating to any matter in respect of invoices issued in respect of gas to consumers, including meeting such requirements as may be provided for by the Board or being in a form approved by the Board;

.     .     .     .     .

(c.1) relating to any matter, prescribed by regulation, in respect of gas marketers in relation to gas marketing, subject to any regulations made under this Act or under the Energy Consumer Protection Act, 2010;

   (6)  Section 51 of the Act is repealed and the following substituted:

Licence conditions and renewals

Licence conditions

   51.  (1)  A licence under this Part may contain such conditions as are appropriate having regard to the objectives of the Board.

Licence renewals

   (2)  A licence under this Part shall be renewed at such times as may be prescribed by regulation.

   (7)  Clause 52 (a) of the Act is amended by striking out “section 27 or 27.1” and substituting “section 27, 27.1 or 28.7”.

   (8)  Section 57 of the Act is amended by adding the following clause:

(c.1) engage in unit sub-metering;

   (9)  The Act is amended by adding the following section:

Where not in compliance

   58.  A contract between a member of a prescribed class of consumers and a person who is not in compliance with section 57 may not be enforced against that consumer.

   (10)  Clause 70 (2) (d) of the Act is amended by adding the following subclause:

      (ii.1)  a distributor or suite meter provider as such conduct relates to,

                 (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,

                 (B)  the manner, timing and form in which the notice under subsection 31 (2) of the Electricity Act, 1998 is to be provided to the consumer, and

                 (C)  subject to the regulations, the manner and circumstances in which security is to be provided or not to be provided by a consumer to a distributor or suite meter provider, including,

                       (1)  the interest rate to be applied to amounts held on deposit and payable by the distributor or suite meter provider to the consumer for the amounts,

                       (2)  the manner and time or times by which the amounts held on deposit may or must be paid or set-off against amounts otherwise due or payable by the consumer,

                       (3)  the circumstances in which security need not be provided or in which specific arrangements in respect of security may or must be provided by the distributor or suite meter provider to the consumer, and

                       (4)  such other matters as the  Board may determine in respect of security deposits,

   (11)  Subsection 70 (2) of the Act is amended by adding the following clause:

(d.1) governing conditions relating to any matter prescribed by regulation in respect of retailers of electricity in relation to the retailing of electricity, subject to any regulations made under this Act;

   (12)  Section 78 of the Act is amended by adding the following subsection:

Order re unit smart meter provider

   (2.2)  No unit smart meter provider shall charge for unit smart metering except in accordance with an order of the Board, which is not bound by the terms of any contract.

   (13)  Section 78 of the Act is amended by adding the following subsection:

Order re unit sub-meter provider

   (2.3)  No unit sub-meter provider shall charge for unit sub-metering except in accordance with an order of the Board, which is not bound by the terms of any contract.

   (14)  Subsection 78 (3) of the Act is amended by striking out “electricity or such other activity” and substituting “electricity, unit sub-metering or unit smart metering or such other activity”.

   (15)  Section 78 of the Act is amended by adding the following subsection:

Rates, unit sub-metering and unit smart-metering

   (3.0.0.1)  The Board shall, in accordance with rules prescribed by the regulations, make orders approving or fixing separate rates for unit sub-metering and for unit smart metering,

  (a)  for classes of consumers, as may be prescribed by regulation; and

  (b)  for different circumstances, as may be prescribed by regulation.

   (16)  Clause 78 (6) (c) of the Act is repealed and the following substituted:

   (c)  to the transmission, distribution or retailing of electricity or unit sub-metering or unit smart metering.

   (17)  Subsection 78 (9) of the Act is repealed and the following substituted:

Order

   (9)  If the Board of its own motion, or upon the request of the Minister, commences a proceeding to determine whether any of the rates that the Board may approve or fix under this section are just and reasonable, the Board shall make an order under subsection (3) and the burden of establishing that the rates are just and reasonable is on the transmitter, distributor or unit sub-meter provider, as the case may be.

   (18)  Subsections 79.17 (1) and (2) of the Act are repealed and the following substituted:

Form of invoice for prescribed classes of consumers

   (1)  The Minister may require that invoices issued in respect of electricity to consumers who are members of a class of consumers prescribed by the regulations meet requirements to be prescribed by the regulations or be in a form approved by the Minister.

Different forms

   (2)  The regulations may prescribe or the Minister may approve different requirements for invoices and may prescribe or specify the circumstances in which each requirement shall apply or be used and the Minister may approve different forms of invoices and the circumstances under which the forms are to be used.

   (19)  Subsection 88 (1) of the Act is amended by adding the following clauses:

(a.0.1) prescribing the time or times at which a licence is to be renewed for the purposes of subsection 51 (2);

(a.0.2) prescribing classes of consumers for the purposes of section 58;

.     .     .     .     .

(g.2) for the purposes of clause 70 (2) (d.1), prescribing matters which may be included as a licence condition in a licence of a retailer of electricity in relation to the retailing of electricity;

.     .     .     .     .

(g.6.0.2)          for the purposes of subsection 78 (3.0.0.1), prescribing rules in relation to the fixing of just and reasonable rates for unit sub-metering that the Board must follow, prescribing classes of consumers for the purposes of clause 78 (3.0.0.1) (a) and prescribing circumstances for the purposes of clause 78 (3.0.0.1) (b);

   (20)  Clause 88 (1) (z.11) of the Act is repealed and the following substituted:

(z.11)  for the purposes of section 79.17, prescribing,

           (i)  classes of consumers,

          (ii)  information that must or may be included on invoices issued in respect of electricity to consumers in one or more of the prescribed classes,

         (iii)  the requirements that the invoices must meet, and

         (iv)  the form of the invoice, including prescribing different requirements and forms for the purposes of that section;

   (21)  Part V.1 (sections 88.1 to 88.12) of the Act is repealed and the following substituted:

part v.1
Gas Marketers and Retailers of Electricity — Standards and Audits

Licences

   88.1  (1)  A licence issued under Part IV or V,

  (a)  shall contain such conditions as may be prescribed by regulation; and

  (b)  may contain such other conditions provided by an order of the Board or any rule or code issued by the Board.

Same

   (2)  For the purposes of subsection (1), a regulation may specify criteria, conditions or requirements that must or that may be included as a condition of licence in any licence issued to a gas marketer or a retailer of electricity, including criteria, conditions or requirements relating to the following:

    1.  The operations, management and business practices of a gas marketer or retailer of electricity, including but not limited to the conduct of employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity.

    2.  The activities, conduct or practices that must, may or may not be undertaken by the gas marketer or retailer of electricity, its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity.

    3.  The establishment of an assurance fund within each gas marketer or retailer of electricity, including,

            i.  criteria and requirements as to the amount that the gas marketer or retailer of electricity is required to maintain in the fund or a method for determining the amount, and

           ii.  the circumstances governing how the amount is to be contributed to the fund by the gas marketer or retailer of electricity and the times at which and the circumstances under which contributions are to be made and the amount is to be maintained.

    4.  Standards that are required to be met by a gas marketer or a retailer of electricity or its employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including standards related to,

            i.  education, training, certifications and communications,

           ii.  business practices,

          iii.  performance standards,

          iv.  background verifications and assessments as required under paragraph 7,

           v.  record keeping,

          vi.  contracting, including standards related to contracting with prescribed consumers or prescribed classes of consumers, and

         vii.  such other matters as may be prescribed by regulation.

    5.  Information that is to be provided orally or in writing by a gas marketer or retailer of electricity or its employees, agents or third parties acting on its behalf to a consumer or a member of a class of consumers prescribed by regulation, the Board, the Ministry or to such other person or entity as may be prescribed by regulation and the circumstances in which the information must be provided and the time or times within which such information must be provided.

    6.  Identification, including criteria or requirements related to the identification credentials or badges or other forms of identification provided to the employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity.

    7.  Background verification and assessment of the employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including the requirement to establish a process or processes to conduct the verifications and assessments and the criteria and requirements for the time or times at which the verification and assessments must be performed.

    8.  The establishment of processes related to employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity, including the prescribing of conditions, requirements or criteria to be met by such processes, for the following activities:

            i.  Business related activities, including,

                  A.  licensing, including renewal, suspension and cancellation of licences,

                  B.  bonding and insurance,

                  C.  examination for prescribed credentials, certificates, accreditations or designations,

                  D.  creation of codes of conduct, best practices and policies,

                  E.  requirements in relation to independence from or permissible investment in or association with a gas marketer or retailer of electricity or another licensee, and

                   F.  such other matters as may be prescribed by regulation.

           ii.  The conduct of activities referred to in this section in relation to each of the employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity at such times as may be prescribed by regulation.

          iii.  Ensuring that the employees, agents or third parties acting on behalf of the gas marketer or retailer of electricity adhere to the processes referred to in this section and, in particular, obtain any prescribed credentials.

    9.  Requirements or provisions that must be included in any arrangements or agreements relating to retailing of electricity or gas marketing in Ontario, including arrangements or agreements relating to retailing of electricity or gas marketing to consumers or to classes of consumers prescribed by regulation.  Such requirements or provisions may be general or specific in nature.

Licensing employees, etc.

   88.2  (1)  Where a regulation made under this Act so requires, the Board shall license the following persons and the regulation may specify conditions, criteria or requirements that must or may be included in a licence issued to the person:

    1.  Employees of a gas marketer or retailer of electricity or members of classes of such employees prescribed by regulation.

    2.  Employees of third parties acting on behalf of gas marketers or retailers of electricity or members of classes of such employees prescribed by regulation.

Processes, etc.

   (2)  For the purposes of subsection (1), any process established by the Board to license the employees referred to in that subsection shall meet the criteria or requirements prescribed by regulation.

Powers of audit

   88.3  (1)  The Board may appoint a person who meets the criteria as may be prescribed by regulation to audit the compliance of a gas marketer or retailer of electricity or its agents or employees with the requirements of,

  (a)  any condition of a licence referred to in section 48 or 57; or

  (b)  an enforceable provision.

Time for audit

   (2)  The Board may authorize the person appointed to audit compliance to conduct the audit at such time as the Board may require.

Audit, without notice

   (3)  Where the Board authorizes a person to audit the compliance of a gas marketer or retailer of electricity, the Board may do so without notice to the gas marketer or retailer of electricity.

Audit, where notice provided

   (4)  Despite subsection (3), where the Board does provide notice of the audit to the gas marketer or retailer of electricity, it shall do so in the manner prescribed by regulation and the notice shall include the information prescribed by regulation.

Examination of records, etc.

   (5)  For the purposes of subsection (1), the person appointed may do or cause to be done any one or more of the following:

    1.  Examining any record or copying any document or record, in any form, by any method.

    2.  Requiring any document or record that is required to be kept under this Act to be provided, in any form, and requiring any other document or record related to the purposes of the audit to be provided, in any form.

    3.  Examining documents relating to the training, education or professional credentials, certificates, accreditations or other designations of the employees, agents or third parties for the gas marketer or retailer of electricity, including determining which credentials, certificates, accreditations or other designations the employee, agent or third party has or has not received.

    4.  Removing from a place documents or records, in any form, that are provided under paragraph 2 for the purpose of making copies.

    5.  Making reasonable inquiries of any person, orally or in writing.

Regulations

   88.4  The Lieutenant Governor in Council may make regulations governing all matters dealt with in this Part that are required or permitted to be prescribed by regulation or that are required or permitted to be done in accordance with the regulations.

   (22)  Part VII of the Act is amended by adding the following section:

Board receives complaints and makes inquiries

   105.  The Board may,

  (a)  receive complaints concerning conduct that may be in contravention of an enforceable provision whether the conduct constitutes an offence or not; and

  (b)  make inquiries, gather information and attempt to mediate or resolve complaints, as appropriate, concerning any matter that comes to its attention that may be in contravention of an enforceable provision whether the matter constitutes an offence or not.

   (23)  Section 106 of the Act is amended by adding the following subsection:

Certificate of appointment

   (2)  The Board shall issue to every inspector a certificate of appointment bearing the signature of a member of the Board or a facsimile of his or her signature.

   (24)  Subsection 107 (1) of the Act is amended by adding the following paragraphs:

  1.1  An affiliate, agent or employee of a gas marketer or retailer of electricity.

.     .     .     .     .

    4.  A person exempted from the requirements of clause 57 (a) by regulation.

    5.  A person exempted from the requirements of clause 57 (b) by regulation.

    6.  A person exempted from the requirements of section 48 by regulation.

    7.  An affiliate, agent or employee of a person referred to in paragraph 4.

   (25)  Paragraph 1 of subsection 107 (2) of the Act is repealed and the following substituted:

    1.  Activities for which a licence is required under section 48 or 57.

  1.1  The persons who are required to have a licence under section 48 or 57 and their affiliates, agents and employees.

  1.2  Activities for which a licence is required under subsection 88.2 (1).

  1.3  The persons who are required to have a licence under subsection 88.2 (1).

   (26)  Subsection 108 (3) of the Act is repealed and the following substituted:

Identification

   (3)  In conducting an inspection under this section, the inspector shall, upon request, produce his or her certificate of appointment.

   (27)  Subsection 108 (6) of the Act is amended by striking out “require that a copy” and substituting “make a copy of it or require that a copy”.

   (28)  The Act is amended by adding the following Part:

PART VII.0.1
investigators and investigations

Investigators

   112.0.1  (1)  The chair may appoint persons to exercise and perform the powers and duties of an investigator under this Part and Part IX.

Certificate of appointment

   (2)  The chair shall issue to every investigator a certificate of appointment bearing the chair’s signature or a facsimile of his or her signature.

Production of certificate of appointment

   (3)  Every investigator who is conducting an investigation shall, upon request, produce his or her certificate of appointment.

Search warrant

   112.0.2  (1)  Upon application made without notice by an investigator, a justice of the peace may issue a warrant if he or she is satisfied on information under oath that there is reasonable ground for believing that,

  (a)  a person has contravened or is contravening an enforceable provision; and

  (b)  there is,

           (i)  in any building, dwelling, receptacle or place anything relating to the contravention of an enforceable provision, or

          (ii)  information or evidence relating to the contravention of an enforceable provision that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

Powers under warrant

   (2)  Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator,

  (a)  to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant;

  (b)  to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form;

   (c)  to exercise any of the powers specified in subsection (10); and

  (d)  to use any investigative technique or procedure or do anything described in the warrant.

Entry of dwelling

   (3)  Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless,

  (a)  the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and

  (b)  the justice of the peace authorizes the entry into the dwelling.

Conditions on a warrant

   (4)  A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.

Expert help

   (5)  The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.

Time of execution

   (6)  An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.

Expiry of warrant

   (7)  A warrant issued under this section shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.

Use of force

   (8)  An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.

Obstruction

   (9)  No person shall obstruct an investigator executing a warrant under this section or withhold from him or her or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.

Assistance

   (10)  An investigator may, in the course of executing a warrant, require a person to produce the evidence or information described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the evidence or information described in the warrant and the person shall produce the evidence or information or provide the assistance.

Return of seized items

   (11)  An investigator who seizes any thing under this section or under section 112.0.3 may make a copy of it and shall return it within a reasonable time.

Admissibility

   (12)  A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Seizure of thing not specified

   112.0.3  An investigator who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his or her duties may, without a warrant, seize anything in plain view that the investigator believes on reasonable grounds will afford evidence relating to a contravention of an enforceable provision.

Searches in exigent circumstances

   112.0.4  (1)  An investigator may exercise any of the powers described in subsection 112.0.2 (2) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Dwelling

   (2)  Subsection (1) does not apply to a place or part of a place that is being used as a dwelling.

Use of force

   (3)  The investigator may, in executing any authority given by this section, call upon police officers for assistance and use whatever force is reasonably necessary.

Application of s. 112.0.2

   (4)  Subsections 112.0.2 (5), (9), (10), (11) and (12) apply with necessary modifications to a search under this section.

Witnesses

   112.0.5  (1)  An investigator may be called as a witness by the Board in any Board proceeding.

Notice

   (2)  No document, record or copy of one obtained by an investigator under a warrant obtained under section 112.0.2 or obtained without a warrant under the circumstances referred to in section 112.0.4 and no information obtained by an investigator under such a warrant or under the circumstances referred to in section 112.0.4 shall be introduced in evidence in a Board proceeding unless,

  (a)  the Board gives the owner of the document or record or the person who provided the information notice that the investigator intends to introduce the evidence; and

  (b)  the Board gives the owner of the document or record or the person who provided the information an opportunity to make representations with respect to the intended introduction of that evidence.

Same

   (3)  No thing seized under section 112.0.3 and no information obtained by an investigator under such a seizure shall be introduced in evidence in a Board proceeding unless,

  (a)  the Board gives the owner of the thing or the person who provided the thing notice that the investigator intends to introduce the evidence; and

  (b)  the Board gives the owner of the thing or the person who provided the thing an opportunity to make representations with respect to the intended introduction of that evidence.

Confidentiality

   112.0.6  (1)  All documents and records obtained by an investigator under this Part or Part IX are confidential and shall not be disclosed to any person other than a member of the Board or an employee of the Board except,

  (a)  as may be required in connection with the administration of this Act or any other Act that gives powers or duties to the Board or in any proceeding under this or any other Act that gives powers or duties to the Board;

  (b)  to counsel for the Board or an employee of the Board; or

   (c)  with the consent of the owner of the document or record or the person who provided the information.

Same

   (2)  If any document, record or information obtained by an investigator under this Part or Part IX 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.

   (29)  Section 112.1 of the Act is repealed.

   (30)  Section 112.2 of the Act is amended by adding the following subsections:

Service of notice or order

   (3.1)  Any notice or order required to be given or served by the Board under this Part or Part VII.2 is sufficiently given or served if,

  (a)  delivered personally;

  (b)  sent by registered mail; or

   (c)  sent by another manner, if the Board can prove receipt of the notice or order.

Deemed service

   (3.2)  Where service is made by registered mail, the service is deemed to be made on the third day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date.

Exception

   (3.3)  Despite subsection (3.1), the Board may order any other method of service.

   (31)  Section 112.5 of the Act is amended by adding the following subsection:

Purpose

   (1.1)  The purpose of an administrative penalty is to promote compliance with the requirements established by this Act and the regulations.

   (32)  Subsection 112.7 (3) of the Act is repealed.

   (33)  Part VII.1 of the Act is amended by adding the following section:

Public record

   112.8  (1)  The Board shall maintain a public record of,

  (a)  assurances of voluntary compliance given under this Act;

  (b)  compliance orders issued under this Act;

   (c)  orders made under section 112.10;

  (d)  any other prescribed document or information.

Orders

   (2)  The Board may by order require the payment of fees for the inspection of public records maintained under subsection (1) and may approve the amount of those fees.

Same

   (3)  Part III(Regulations) of theLegislation Act, 2006 does not apply to an order made under subsection (2).

Form and manner of public record

   (4)  The public record maintained under subsection (1) shall be maintained by the Board in such form or manner as may be prescribed by regulation.

   (34)  The Act is amended by adding the following Part:

Part vii.2
compliance re Part II of the Energy Consumer Protection Act, 2010

Application

   112.9  (1)  This Part applies in respect of enforceable provisions referred to in clause (b) of the definition of “enforceable provision” in section 3.

Same

   (2)  This Part applies in addition to Part VII.1.

Definitions

   (3)  For the purposes of this Part,

“consumer” has the same meaning as in Part II of the Energy Consumer Protection Act, 2010;(“consommateur”)

“supplier” has the same meaning as in Part II of the Energy Consumer Protection Act, 2010. (“fournisseur”)

Freeze order

   112.10  (1)  If the conditions in subsection (2) are met, the Board may make an application to the Superior Court of Justice for,

  (a)  an order requiring any person having on deposit or controlling any assets or trust funds of a supplier or former supplier to hold those funds or assets;

  (b)  an order requiring a supplier or former supplier to refrain from withdrawing any asset or trust fund from a person having them on deposit or controlling them; or

   (c)  an order requiring a supplier or former supplier to hold any asset or trust fund of an energy consumer or other person in trust for the person entitled to it.

Conditions

   (2)  The Board may make an application under subsection (1) if it believes that it is advisable for the protection of consumers and,

  (a)  a search warrant has been issued under this Act;

  (b)  an order has been made under section 112.3 or 112.11; or

   (c)  there has been an assurance of voluntary compliance under section 112.7 or 112.12.

Person engaged in unfair practice

   (3)  Subsections (1) and (2) apply with necessary modifications to any person, whether or not the person is or was a supplier, if the person has engaged or is engaging in unfair practices under the Energy Consumer Protection Act, 2010.

Limitation

   (4)  In the case of a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994 or a loan or trust corporation, the order under subsection (1) applies only to the offices and branches named in the order.

Release of assets

   (5)  The court may consent to the release of any particular asset or trust fund from the order or may wholly revoke the order.

Exception

   (6)  Subsection (1) does not apply if, prior to the Board obtaining an order under that subsection, the person files with the Board, in such manner and amount as the Board determines,

  (a)  a personal bond accompanied by collateral security;

  (b)  a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance;

   (c)  a bond of a guarantor accompanied by collateral security; or

  (d)  another form of security prescribed by regulation.

Application to court

   (7)  An application may be made to the Superior Court of Justice for a determination in respect of the disposition of an asset or trust fund,

  (a)  by a person in receipt of an order under subsection (1), if that person is in doubt as to whether the order applies to the asset or trust fund; or

  (b)  by a person who claims an interest in the asset or trust fund subject to the order.

Notice

   (8)  If an order is made under this section, the Board may register in the appropriate land registry office a notice that an order under subsection (1) has been issued and that the order may affect land belonging to the person referred to in the notice and the notice has the same effect as the registration of a certificate of pending litigation except that the Board may in writing revoke or modify the notice.

Cancellation or discharge application

   (9)  A person in respect of whom an order has been made under subsection (1) or any person having an interest in land in respect of which a notice is registered under subsection (8) may apply to the Superior Court of Justice for cancellation in whole or in part of the order or for discharge in whole or in part of the registration.

Disposition by court

   (10)  The Superior Court of Justice shall dispose of the application after a hearing and may cancel the order or discharge the registration in whole or in part, if the court finds,

  (a)  that the order or registration is not required in whole or in part for the protection of consumers or of other persons having an interest in the land; or

  (b)  that the interests of other persons are unduly prejudiced by the order or registration.

Court application

   (11)  If the court has made an order under subsection (1) or the Board has registered a notice under subsection (8), the Board may apply to the court for directions or an order relating to the disposition of assets, trust funds or land affected by the order or notice.

Notice not required

   (12)  An application by the Board under this section may be made without notice to any other person.

Order for immediate compliance

   112.11  (1)  Without limiting the generality of section 112.3, the Board may make an order requiring immediate compliance with an enforceable provision and, subject to subsection (2), such an order takes effect immediately.

Notice of order

   (2)  If the Board makes an order for immediate compliance, it shall serve on the person named in the order a notice that includes,

  (a)  the order;

  (b)  the written reasons for making the order; and

   (c)  a statement that the person is entitled to a hearing by the Board if the person mails or delivers to the Board, within 15 days after the notice is served, notice in writing requiring a hearing.

Hearing

   (3)  When a person named in the order requires a hearing in accordance with the notice under subsection (2), the Board shall hold the hearing and may confirm or set aside the order or make such other order as the Board considers proper to give effect to the purposes of Part II of the Energy Consumer Protection Act, 2010.

Expiration of order

   (4)  If a hearing by the Board is required,

  (a) the order expires 15 days after the written request for a hearing is received by the Board; or

  (b)  the Board may extend the time of expiration until the hearing is concluded, if a hearing is commenced within the 15-day period referred to in clause (a).

Same

   (5)  Despite subsection (4), if it is satisfied that the conduct of the person named in the order has delayed the commencement of the hearing, the Board may extend the time of the expiration for the order,

  (a)  until the hearing commences; and

  (b)  once the hearing commences, until the hearing is concluded.

Parties

   (6)  The person who has required the hearing and such other persons as the Board may specify are parties to proceedings before the Board under this section.

Voluntary compliance

   112.12  (1)  Without limiting the generality of section 112.7, a person may give the Board a written assurance of voluntary compliance,

  (a)  to publicize the assurance or the actions being undertaken as a result of the assurance;

  (b)  to pay any cost incurred in investigating the person’s activities, any legal costs incurred in relation to the person’s activities and any cost associated with the assurances;

   (c)  to take any such action as the Board considers appropriate in the circumstances.

Security for any assurance of voluntary compliance

   (2)  The Board may require any person who is giving an assurance of voluntary compliance to provide, in such manner and amount as the Board determines, security in the form of,

  (a)  a personal bond accompanied by collateral security;

  (b)  a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance;

   (c)  a bond of a guarantor accompanied by collateral security; or

  (d)  another form of security prescribed by regulation.

Release of security

   (3)  The bond and any collateral security required under subsection (2) shall not be released until the Board is satisfied that the person has fulfilled the assurance.

   (35)  Section 122 of the Act is repealed and the following substituted:

Provincial offences officers

   122.  Despite subsection 1 (3) of the Provincial Offences Act, the Board’s management committee may, for the purposes of that Act, designate in writing any person or class of persons as a provincial offences officer, but the designation only applies in respect of offences under this Act. 

   (36)  Section 125 of the Act is amended by striking out “under section 122” and substituting “under section 122 or an investigator appointed under subsection 112.0.1 (1)”.

   (37)  The Act is amended by adding the following section:

Duties of directors and officers of a corporation

   125.2  Where a retailer of electricity or gas marketer is a corporation, every director and officer of the corporation shall,

  (a)  exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; and

  (b)  take such measures as necessary to ensure that the corporation complies with all requirements under this Act and the Energy Consumer Protection Act, 2010

   (38)  Subsection 126 (1) of the Act is amended by striking out “or” at the end of clause (c.2), by adding “or” at the end of clause (d) and by adding the following clause:

  (e)  contravenes the Energy Consumer Protection Act, 2010 or the regulations made under it.

   (39)  Subsection 126 (5) of the Act is amended by adding at the beginning “Subject to subsection (6)”.

   (40)  Section 126 of the Act is amended by adding the following subsection:

Same, retailers of electricity and gas marketers

   (6)  Despite subsection (5), no proceeding under this section shall be commenced against the following persons more than two years after the facts upon which the proceeding is based first came to the knowledge of the Board:

    1.  A retailer of electricity or a gas marketer.

    2.  A director or officer of a corporation, where the person referred to in paragraph 1 is a corporation.

   (41)  The Act is amended by adding the following sections:

Order for compensation, restitution

   126.0.1  If a person referred to in subsection 126 (6) is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution.

Default in payment of fines

   126.0.2  (1)  If a fine payable by a person referred to in subsection 126 (6) as a result of a conviction for an offence under this Act is in default for at least 60 days, the Board may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default.

Where payment made

   (2)  Within 10 days after the Board has notice that the fine has been paid in full, the Board shall inform the consumer reporting agency of the payment.

Liens and charges

   126.0.3  (1)  If a fine payable by a person referred to in subsection 126 (6) as a result of a conviction for an offence under this Act is in default for at least 60 days, the Board may by order create a lien against the property of the person who is liable to pay the fine.

Liens on personal property

   (2)  If the lien created by the Board under subsection (1) relates to personal property,

  (a)  the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act;

  (b)  the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and

   (c)  the Board may perfect the security interest referred to in clause (b) for the purposes of the Personal Property Security Act by the registration of a financing statement under that Act.

Liens and charges on real property

   (3)  If the lien created by the Board under subsection (1) relates to real property, the Board may register the lien against the property of the person liable to pay the fine in the proper land registry office and, on registration, the obligation under the lien becomes a charge on the property.

Initiation of sale proceedings prohibited

   (4)  The Board shall not initiate sale proceedings in respect of any real property against which it has registered a lien under subsection (3).

Proceeds of sale

   (5)  If a lien is perfected by registration under subsection (2) or is registered against real property under subsection (3) and the related real or personal property is sold, the Board shall ensure the funds it receives as result of the sale are used to pay the fine.

Discharge of lien

   (6)  Within 10 days after the Board has knowledge of the payment in full of the fine, the Board shall,

  (a)  discharge the registration of any financing statement registered under clause (2) (c); and

  (b)  register a discharge of a charge created on registration of a lien under subsection (3).

   (42)  Subsection 127 (1) of the Act is amended by adding the following clauses:

  (d)  prescribing consumers and classes of consumers for the purposes of subsection 42 (2.1);

  (e)  prescribing the conditions or criteria that must be satisfied for the purposes of subsections 42 (2.1) and (2.2);

(e.1) for the purposes of subsection 42 (2.2), governing security, alternative security arrangements and the conditions and criteria that must be satisfied and prescribing the requirements where a gas distributor must provide consumers or classes of consumers with specific arrangements in respect of security, including,

           (i)  prescribing the consumers or classes of consumers,

          (ii)  prescribing the type or kind of arrangements which the gas distributor must accept, the conditions and circumstances under which they must be accepted, the form of the arrangements and the circumstances where a gas distributor must forego requiring security from the consumer or member of a prescribed class of consumers, and

         (iii)  prescribing alternative security deposit arrangements;

(e.2) prescribing consumers or classes of consumers and additional requirements which gas distributors must meet for the purposes of subsection 42 (2.3);

(e.3) prescribing the meaning of “security” for the purposes of subsection 42 (2.4);

(e.4) for the purposes of subsections 42 (5) to (14), governing all matters dealt with in those subsections that are required or permitted to be prescribed by regulation or that are required or permitted to be done in accordance with the regulations;

.     .     .     .     .

(g.1) for the purposes of clause 44 (1) (c.1), prescribing matters about which the Board may make a rule under section 44 in respect of gas marketers in relation to gas marketing;

   (43)  The following provisions of the Act are repealed:

    1.  Clause 127 (1) (j.1).

    2.  Clause 127 (1) (j.2).

    3.  Clause 127 (1) (j.4).

    4.  Clause 127 (1) (j.6).

    5.  Clause 127 (1) (j.7).

    6.  Clause 127 (1) (j.8).

    7.  Clause 127 (1) (j.8.1).

    8.  Clause 127 (1) (j.9).

    9.  Clause 127 (1) (j.10).

Residential Tenancies Act, 2006

   39.  (1)  Part VIII (sections 137 and 138) of the Residential Tenancies Act, 2006 is repealed and the following substituted:

PART VIII
SUITE METERS AND APPORTIONMENT OF UTILITY COSTS

Suite meters

   137.  (1)  In this section,

“meter” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“compteur”)

“suite meter” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010; (“compteur individuel”)

“suite meter provider” has the same meaning as in Part III of the Energy Consumer Protection Act, 2010. (“fournisseur de compteurs individuels”)

Interruption in supply

   (2)  A landlord who has the obligation under a tenancy agreement to supply electricity may interrupt the supply of electricity to a rental unit when a suite meter is installed if,

  (a)  the suite meter is installed by a suite meter provider;

  (b)  the supply of electricity is interrupted only for the minimum length of time necessary to install the suite meter; and

   (c)  the landlord provides adequate notice to the tenant in accordance with the prescribed rules.

Termination of obligation to supply electricity

   (3)  Subject to subsections (4) and (5), if a meter or a suite meter is installed in respect of a rental unit, a landlord who has the obligation under a tenancy agreement to supply electricity to the rental unit may terminate that obligation by,

  (a)  obtaining the written consent of the tenant in the form approved by the Board;

  (b)  providing adequate notice of the termination of the obligation to the tenant in accordance with the prescribed rules; and

   (c)  reducing the rent, in the prescribed circumstances and in accordance with the prescribed rules, by an amount that accounts for the cost of electricity consumption and related costs.

Information for tenants

   (4)  A landlord shall not terminate an obligation to supply electricity under subsection (3) unless, before obtaining the written consent of the tenant, the landlord has provided the tenant with the prescribed information.

Limitation

   (5)  Where the primary source of heat in the unit is generated by means of electricity, a landlord may terminate an obligation to supply electricity under subsection (3) in the prescribed circumstances, solely if the landlord meets the prescribed conditions.

Revising agreements

   (6)  The tenant may, within the prescribed time and in the prescribed circumstances, request that the landlord adjust the rent reduction provided under subsection (3) based on the prescribed rules and the landlord shall adjust the rent and provide a rebate based on the prescribed rules.

Information for prospective tenants

   (7)  Except under the prescribed circumstances, if a suite meter is installed in respect of a rental unit, the landlord shall, before entering into a tenancy agreement with a prospective tenant for the unit, provide the prospective tenant with the following information in the form approved by the Board:

    1.  The most recent information available to the landlord for the prescribed period from the suite meter provider concerning electricity consumption in the rental unit.

    2.  If the rental unit was vacant during any part of the period to which the information referred to in paragraph 1 applies, a statement of the period that the rental unit was vacant.

    3.  Such other information as is prescribed.

Other circumstances where information required

   (8)  If a meter or a suite meter is installed in respect of a rental unit, a landlord shall, before entering into a tenancy agreement with a prospective tenant for a rental unit, provide the prospective tenant with the information required under subsection (7) or with such portion of the information required under subsection (7) as may be prescribed, in such other circumstances as are prescribed.

Electricity conservation and efficiency obligations

   (9)  If a suite meter is installed in respect of a rental unit and the obligation of the landlord to supply electricity has been terminated, the landlord shall, in accordance with the prescribed rules,

  (a)  ensure that any appliances provided for the rental unit by the landlord satisfy the prescribed requirements relating to electricity conservation and efficiency;

  (b)  ensure that other aspects of the rental unit satisfy the prescribed requirements relating to electricity conservation and efficiency; and

   (c)  ensure that other prescribed requirements relating to electricity conservation and efficiency are complied with.

Same, other prescribed circumstances

   (10)  If a meter or a suite meter is installed in respect of a rental unit, a landlord shall comply with the electricity conservation and efficiency obligations referred to in subsection (9) in such other circumstances as are prescribed.

Tenant’s application

   (11)  A tenant or a former tenant of a rental unit may apply to the Board in the prescribed circumstances for an order determining whether the landlord has breached an obligation under this section.

Order, general

   (12)  If the Board determines in an application under subsection (11) that a landlord has breached an obligation under subsection (2), (6), (7), (8), (9) or (10), the Board may do one or more of the following:

    1.  Order an abatement of rent.

    2.  Authorize a repair or replacement that has been or is to be made, or work that has been or is to be done, and order its cost to be paid by the landlord to the tenant.

    3.  Order the landlord to do specified repairs or replacements or other work within a specified time.

    4.  Order that the rent charged be reduced by a specified amount and order the appropriate rebate.

    5.  Make any other order that it considers appropriate.

Order, breach of subs. (3), (4) or (5)

   (13)  If the Board determines in an application under subsection (11) that a landlord has breached an obligation under subsection (3), (4) or (5), the Board may, in addition to the remedies set out in subsection (12), do one or more of the following:

    1.  Terminate the tenancy.

    2.  Order that the landlord assume the obligation to supply electricity to the rental unit and set the new rent that can be charged.

Eviction with termination order

   (14)  If the Board makes an order terminating a tenancy under paragraph 1 of subsection (13), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order.

Determination re capital expenditures

   (15)  Except under the prescribed circumstances, for the purpose of section 126, a capital expenditure is not an eligible capital expenditure if,

  (a)  a meter or a suite meter was installed in respect of a residential complex before the capital expenditure was made;

  (b)  the capital expenditure failed to promote the conservation of electricity or the more efficient use of electricity; and

   (c)  the purpose for which the capital expenditure was made could reasonably have been achieved by making a capital expenditure that promoted the conservation of electricity or the more efficient use of electricity.

Charges, fees and security deposits

   (16)  Where a meter or suite meter is installed in respect of a rental unit and the tenant is responsible for the payment for the supply of electricity, sections 134 and 135 have no application to charges, fees or security deposits that are required to be paid for the supply of electricity and any amount paid for the supply of electricity shall not be considered to be an amount of consideration or a service that falls within the definition of “rent” in subsection 2 (1).

Interference with a vital service, reasonable enjoyment

   (17)  Where a meter or a suite meter is installed in respect of a rental unit and the tenant is responsible for the payment for the supply of electricity and a landlord, landlord’s agent or a suite meter provider is attempting to enforce the rights or obligations afforded them under this section or under section 31 of the Electricity Act, 1998, electricity is deemed not to be a vital service within the meaning of section 21 and any interference with the supply of electricity is deemed not to be an interference with the tenant’s reasonable enjoyment within the meaning of sections 22 and 235.

Lease provisions void

   (18)  A provision in a tenancy agreement which purports to provide that a tenant has consented or will consent to the termination of the obligation of the landlord to supply electricity to the rental unit on a future date or otherwise purports to provide terms which are inconsistent with the provisions contained in this section is void.

Apportionment of utility costs

   138.  (1)  A landlord of a building containing not more than six rental units who supplies a utility to each of the rental units in the building may, with the written consent of the tenant, charge the tenant a portion of the cost of the utility in accordance with the prescribed rules if,

  (a)  the landlord provides adequate notice to the tenant in accordance with the prescribed rules; and

  (b)  the rent for the rental unit is reduced in accordance with the prescribed rules.

Not a service

   (2)  If a landlord charges a tenant a portion of the cost of a utility in accordance with subsection (1), the utility shall not be considered a service that falls within the definition of “rent” in subsection 2 (1).

Termination of tenancy prohibited

   (3)  If a landlord charges a tenant a portion of the cost of a utility in accordance with subsection (1), the landlord shall not serve a notice of termination under section 59 or make an application to the Board for an order under section 69 or 87 if the notice or application is based on the tenant’s failure to pay the utility charge.

Information for prospective tenants

   (4)  If a landlord charges tenants a portion of the cost of a utility, the landlord shall, before entering into a tenancy agreement with a prospective tenant, provide the prospective tenant with the following information:

    1.  The portion of the cost of the utility that is applicable to the rental unit that would be occupied by the prospective tenant, expressed as a percentage of the total cost of the utility.

    2.  The total cost of the utility for the building for the prescribed period for which the landlord has information on the cost of the utility.

    3.  If any part of the building was vacant during any part of the period to which the information referred to in paragraph 2 applies, a statement of which part of the building was vacant and of the period that it was vacant.

    4.  Such other information as is prescribed.

Utility conservation and efficiency obligations

   (5)  If a landlord charges a tenant a portion of the cost of a utility, the landlord shall, in accordance with the prescribed rules,

  (a)  ensure that any appliances provided by the landlord satisfy the prescribed requirements relating to conservation and efficient use of the utility;

  (b)  ensure that other aspects of the rental unit satisfy the prescribed requirements relating to conservation and efficient use of the utility; and

   (c)  ensure that other prescribed requirements relating to conservation and efficient use of the utility are complied with.

Tenant’s application

   (6)  A tenant or a former tenant of a rental unit may apply to the Board in the prescribed circumstances for an order determining whether the landlord has breached an obligation under this section.

Order, general

   (7)  If the Board determines in an application under subsection (6) that a landlord has breached an obligation under subsection (4) or (5), the Board may do one or more of the following:

    1.  Order an abatement of rent.

    2.  Authorize a repair or replacement that has been or is to be made, or work that has been or is to be done, and order its cost to be paid by the landlord to the tenant.

    3.  Order the landlord to do specified repairs or replacements or other work within a specified time.

    4.  Order that the rent charged be reduced by a specified amount and order the appropriate rebate.

    5.  Make any other order that it considers appropriate.

Order, breach of subs. (1)

   (8)  If the Board determines in an application under subsection (6) that a landlord has breached an obligation under subsection (1), the Board may, in addition to the remedies set out in subsection (7), do one or more of the following:

    1.  Terminate the tenancy.

    2.  Order that the landlord assume the obligation to supply the utility to the rental unit and set the new rent that can be charged.

Eviction with termination order

   (9)  If the Board makes an order terminating a tenancy under paragraph 1 of subsection (8), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order.

Determination re capital expenditures

   (10)  For the purpose of section 126, a capital expenditure is not an eligible capital expenditure if,

  (a)  the landlord charged tenants a portion of the cost of a utility before the capital expenditure was made;

  (b)  the capital expenditure failed to promote the conservation or more efficient use of the utility; and

   (c)  the purpose for which the capital expenditure was made could reasonably have been achieved by making a capital expenditure that promoted the conservation or more efficient use of the utility.

   (2)  Section 234 of the Act is amended by adding the following clauses:

(l.1)  terminates the obligation to supply electricity without the tenant’s consent in contravention of subsection 137 (3);

(l.2)  charges a tenant a portion of the cost of the utility without the consent of the tenant in contravention of subsection 138 (1);

   (3)  Paragraphs 43 to 54 of subsection 241 (1) of the Act are repealed and the following substituted:

  43.  prescribing rules governing the provision of a notice for the purposes of clause 137 (3) (b);

  44.  prescribing the circumstances and the rules governing the reduction of rent for the purposes of clause 137 (3) (c);

  45.  prescribing the information to be provided to the tenant for the purposes of subsection 137 (4);

45.1 prescribing the circumstances and conditions to be met for the purposes of subsection 137 (5);

45.2 prescribing the time, the circumstances and the rules for the purposes of subsection 137 (6);

45.3 prescribing the circumstances under which a landlord is exempt from complying with subsection 137 (7);

45.4 prescribing a period for the purposes of paragraph 1 of subsection 137 (7);

  46.  prescribing information to be provided to a prospective tenant for the purposes of paragraph 3 of subsection 137 (7);

  47.  prescribing the portions of information to be provided and prescribing other circumstances for the purposes of subsection 137 (8);

  48.  prescribing the rules and the requirements for the purposes of clauses 137 (9) (a), (b) and (c);

48.1 prescribing other circumstances for the purposes of subsection 137 (10);

  49.  prescribing circumstances in which a tenant may apply to the Board under subsection 137 (11);

49.1 prescribing the circumstances under which subsection 137 (15) would not apply;

  50.  prescribing rules governing charging tenants a portion of the cost of a utility for the purposes of subsection 138 (1);

  51.  prescribing rules governing the provision of a notice for the purposes of clause 138 (1) (a);

  52.  prescribing rules governing the reduction of rent for the purposes of clause 138 (1) (b);

52.1 prescribing a period for the purposes of paragraph 2 of subsection 138 (4);

  53.  prescribing information to be provided to a prospective tenant for the purposes of paragraph 4 of subsection 138 (4);

  54.  prescribing the rules and the requirements for the purposes of clauses 138 (5) (a), (b) and (c);

Commencement

   40.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   41.  The short title of this Act is the Energy Consumer Protection Act, 2010.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 235 and does not form part of the law.  Bill 235 has been enacted as Chapter 8 of the Statutes of Ontario, 2010.

 

The Bill enacts the Energy Consumer Protection Act, 2010 and makes consequential amendments to other statutes. 

The Energy Consumer Protection Act, 2010 is divided into four Parts.  Part I, General, contains a number of definitions that apply throughout the Act and sets out some powers of the Minister of Energy and Infrastructure.

Part II, Electricity Retailing and Gas Marketing, deals with gas marketing and retailing of electricity to consumers.  The Part applies to consumers who fall within the definition of “consumer” as set out in section 2 and applies despite any contract, agreement or waiver to the contrary.  Consumers may commence a class action or join in a class action arising out of a dispute over a contract to which the Part applies despite a term in the contract that purports to prevent the consumer from commencing or becoming a member of a class action.

The rights set out in Part II are in addition to any other rights of a consumer under any other Act or by operation of law.  Any ambiguity that allows for more than one reasonable interpretation of any information that must be disclosed under this Part must be interpreted to the benefit of the consumer.

Disclosure of information under this Part must be clear, comprehensible and prominent and, in addition, must comply with prescribed requirements.  Gas marketers and retailers of electricity are prohibited from engaging in unfair practices.

Contracts must conform with certain requirements specified in section 12 of the Act. These include requirements with respect to information and documents that must be provided to the consumer.  For a contract to be valid, it must be verified.

A contract is deemed void if specified requirements of the Part are not followed.  A contract may only be renewed or extended  or amended in accordance with the regulations.  There is a cooling-off period, permitting a consumer to cancel a contract within 10 days after receiving a copy of the contract and acknowledging its delivery.  In addition, a consumer may cancel a contract if, among other things, the supplier engages in an unfair practice.  A consumer may also cancel a contract under such other circumstances as may be prescribed and may cancel a contract  without cause, but the consumer must give the prescribed period of notice of cancellation.  No cause of action against a consumer arises as the result of a cancellation of a contract under this Part.

If a consumer is given a right to commence an action, the consumer may commence an action in the Superior Court of Justice (of which the Small Claims Court is a part).

The Minister of Energy and Infrastructure may ask the Ontario Energy Board to review this Part three years after it comes into force.  If a review is required, the Board shall prepare its report as expeditiously as possible.

Part III deals with suite metering.  For the purposes of this Part, a consumer is a person who uses, for their consumption, electricity that the person did not generate.  There are requirements dealing with the installation of suite meters.  A suite meter is a unit smart meter or unit sub-meter, both of which are installed in a unit of a multi-unit complex and are not connected to a bulk meter.

There are circumstances in which a suite meter may or must be installed.  These apply despite a registered declaration under the Condominium Act, 1998.  If a suite meter is installed, there are circumstances in which the suite meter provider may or must bill the consumer based on the consumption or use of electricity by the consumer in respect of the unit as measured by the suite meter.

Part IV contains regulation-making powers.

The Bill contains consequential amendments to the Consumer Protection Act, 2002, the Electricity Act, 1998, the Ontario Energy Board Act, 1998 and the Residential Tenancies Act, 2006.

Subsection 2 (4) of the Consumer Protection Act, 2002 is repealed.  That section of the Act made the Consumer Protection Act, 2002 applicable to gas marketers and retailers of electricity.  Consumer protection with respect to energy consumers is now in the Energy Consumer Protection Act, 2010.

The Bill amends the Electricity Act, 1998.  The amendments include the following:

    1.   Where a distributor or suite meter provider requires security for the payment of charges related to electricity, certain requirements must be met.

    2.   The section of the Act dealing with the termination of service, section 31, is repealed and remade.  It takes into account the changes introduced by Part III of the Energy Consumer Protection Act, 2010 and creates conditions for and exceptions to the power to shut off the distribution of electricity.

    3.   Additional regulation-making authority is added to section 114 of the Act.

The Bill amends the Ontario Energy Board Act, 1998.  These amendments include:

    1.   The Minister may issue Cabinet approved directives to the Board in relation to retailing of gas and electricity and the Board shall implement the directives.  A directive may require the Board to take specified steps to promote fairness, efficiency and transparency in the retail market for gas and for electricity and may require the Board to amend licences issued to gas marketers or retailers of electricity.  A directive may also require the Board to amend conditions in licences and may require that the Board take certain steps with respect to verification of a contract required under Part II of the Energy Consumer Protection Act, 2010.

    2.   Where a gas distributor requires security for the payment of charges related to gas by or on behalf of a consumer or a member of a class of consumers, the gas distributor must meet the prescribed criteria.  Changes are made to the provision that deals with stopping the distribution of gas, section 42, that are consistent with those changes made in the Electricity Act, 1998.

    3.   The section of the Act that empowers the Board to make rules, section 44, is amended to permit the Board to make rules governing the conduct of a gas distributor as it relates to, among other things, stopping the distribution of gas and governing the manner and circumstances in which security is to be provided.

    4.   Unit smart meter providers and unit sub-meter providers are prohibited from charging for unit smart metering or unit sub-metering, as the case may be, except in accordance with an order of the Board, which is not bound by the terms of any contract.

    5.   The current Part V.1, Energy Consumers’ Bill of Rights, is repealed and replaced with a new Part V.1, Gas Marketers and Retailers of Electricity — Standards and Audits.   The Part contains a provision permitting or requiring that prescribed conditions be contained in a licence issued under Part IV or V.  When required by a regulation to do so, the Board shall license certain employees in accordance with the prescribed conditions, criteria or requirements.  The Board may also appoint a person who meets the prescribed criteria to audit the compliance of a gas marketer or retailer of electricity or its agents or employees with the requirements of any condition of a licence.

    6.   Part VII.0.1, Investigators and Investigations, is added to the Act.  The chair of the Board may appoint persons to act as investigators and, in certain circumstances, an investigator may apply to a justice of the peace for a search warrant where the investigator reasonably believes that a person has contravened or is contravening an enforceable provision.  An enforceable provision includes a provision of the Act or the regulations, as well as certain provisions of the Energy Consumer Protection Act, 2010 and the Electricity Act, 1998.

    7.   Part VII.2, Compliance re Part II of the Energy Consumer Protection Act, 2010, is added to the Act.  The Part empowers the Board to apply to the Superior Court for the issuance of a freeze order in certain circumstances in respect of certain assets. The Board may also make an order requiring immediate compliance with an enforceable provision and, subject to certain limitations, the order takes effect immediately.  A person may give the Board a written assurance of voluntary compliance in certain circumstances.

    8.   If a retailer of electricity or a gas marketer or a director or officer of a corporation that is a retailer of electricity or a gas marketer is convicted of an offence, the court making the conviction may, in addition to any other penalty, order the person convicted to pay compensation or make restitution.  If a fine against such a person is in default for at least 60 days, the Board may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default and may, by order, create a lien against the property of the person who is liable to pay the fine.

Part VIII of the Residential Tenancies Act, 2006 is repealed and replaced.  Section 137 of the Part deals with suite meters.  Its features include the following:

    1.   If a meter or a suite meter is installed, a landlord who has the obligation to supply electricity to a rental unit may terminate that obligation, with the consent of the tenant, by giving the tenant adequate notice and reducing the rent in accordance with rules prescribed by regulation.

    2.   If a suite meter is installed in respect of a rental unit and the prospective tenant will be responsible for the payment for the supply of electricity, the landlord must provide that tenant with information related to electricity consumption in the rental unit and must comply with obligations related to electricity conservation and efficiency that may be prescribed by regulation.

    3.   A capital expenditure made after a meter or suite meter was installed may not be relied on by the landlord in an application for permission to increase rent by more than the guideline if the capital expenditure failed to promote the conservation of electricity and energy efficiency and the purpose for which the capital expenditure was made could reasonably have been achieved by making a capital expenditure that promoted the conservation of electricity or the more efficient use of electricity.

    4.   A tenant may apply to the Landlord and Tenant Board where a landlord has breached an obligation under this section.

Section 138 of the Bill deals with the apportionment of utility costs.  Its features include the following:

    1.   A landlord of a building containing not more than six rental units who supplies a utility to the rental units in the building may, with the consent of the tenant, charge the tenant a portion of the cost of the utility by giving the tenants adequate notice and reducing the rents in accordance with rules prescribed by regulation.

    2.   If a landlord charges tenants a portion of the cost of a utility and a prospective tenant will be responsible for a portion of the payment for the supply of a utility, the landlord must provide that tenant with information related to the cost of the utility and must comply with obligations related to conservation of the utility and its efficient use that may be prescribed by regulation.

    3.   A capital expenditure made after a landlord charged tenants a portion of the cost of a utility may not be relied on by the landlord in an application for permission to increase rent by more than the guideline if the capital expenditure failed to promote the conservation of the utility or its more efficient use and the purpose for which the capital expenditure was made could reasonably have been achieved by making a capital expenditure that promoted the conservation or more efficient use of the utility.

    4.   A tenant may apply to the Landlord and Tenant Board where a landlord has breached an obligation under this section.

Concomitant changes are made to the offence and regulation-making sections of the Act.

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