Ontario Rebate for Electricity Consumers Act, 2016

Bills that amended this Act0

No published amendment links yet for this Act.

Sections34

• 1Definitions

  1 (1) In this Act, “billing period” means a period of time that is wholly or partly in the eligible period and for which an invoice in respect of an eligible account is issued; (“période de facturation”) “Board” means the Ontario Energy Board; (“Commission”) “consumer” means a person, (a) to whom an invoice is issued in respect of an eligible account for a billing period, or (b) who is prescribed by the regulations or who satisfies such conditions as may be prescribed by the regulations; (“consommateur”) “distribution system” has the same meaning as in section 3 of the Ontario Energy Board Act, 1998; (“réseau de distribution”) “electricity vendor” means the IESO, a licensed distributor, a licensed retailer or a person prescribed by the regulations; (“vendeur d’électricité”) “eligible account” means, in respect of a consumer, an account with an electricity vendor, or with a person prescri…

• 1.
• 2Repealed

  2 Repealed: 2019, c. 6, Sched. 4, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 6, Sched. 4, s. 2 – 01/11/2019

• 2.
• 3Financial assistance

  3 (1) A consumer who has an eligible account during a billing period is entitled to receive the financial assistance that is prescribed by the regulations in respect of the cost of electricity during the billing period in relation to the eligible account. 2019, c. 6, Sched. 4, s. 3. Exception (2) Despite subsection (1), a consumer is not entitled to receive financial assistance under this Act, (a) in respect of electricity consumed in generation station service; (b) in such circumstances as may be prescribed by the regulations; or (c) if the regulations prescribe that the consumer is not entitled to receive financial assistance. 2016, c. 19, s. 3 (2). Payment of financial assistance (3) The financial assistance to which a consumer is entitled under this Act shall be paid, (a) by crediting the consumer’s eligible account; or (b) in such other manner as may be prescribed by the regulations…

• 3.
• 4Invoices

  4 (1) Unless otherwise prescribed by the regulations, every electricity vendor who issues an invoice for a billing period to a consumer in respect of an eligible account shall ensure that the invoice meets the following requirements: 1. The invoice must clearly show, in the manner specified by the regulations if any, i. a credit equal to the amount of the financial assistance provided to the consumer for the billing period, and ii. the net amount of the invoice after the credit. 2. The invoice must be accompanied by the information required by the regulations. 2019, c. 6, Sched. 4, s. 4 (1). Invoice issued by consumer, etc. (2) An invoice that is issued by a consumer, an agent of a consumer, a unit sub-meter provider or another person prescribed by the regulations must be in the form required by the regulations and contain or be accompanied by the information required by the regulations.…

• 4.
• 5Purposes

  5 (1) The purposes of this section are, (a) to ensure that financial assistance under this Act and the regulations is provided to those persons entitled to receive it; and (b) to authorize the making of financial arrangements to reimburse electricity vendors, and other persons prescribed by the regulations, for financial assistance provided under this Act and the regulations. 2016, c. 19, s. 5 (1). Regulations (2) The Lieutenant Governor in Council may, for the purpose of this section, make regulations, (a) authorizing the Minister of Energy, Northern Development and Mines to make payments to persons who are electricity vendors or persons prescribed by the regulations in respect of the amount of financial assistance to which consumers are entitled under this Act and prescribing methods for determining the amounts payable; (b) requiring the IESO to make payments to licensed distributors, …

• 5.
• 6Financial assistance

  6 (1) Despite any past entitlement of a consumer to financial assistance under this Act, no financial assistance is payable to a consumer after a limitation period prescribed by the regulations in respect of the consumer, other than in such circumstances as may be prescribed by the regulations. Reimbursement (2) Despite any requirement under this Act to reimburse an electricity vendor or other person for financial assistance provided by them to consumers, no amounts for reimbursement are payable to the electricity vendor or other person after a limitation period prescribed by the regulations in respect of the electricity vendor or other person, where such reimbursement is based on a consumer’s past entitlement not yet paid or reimbursed under this Act, other than in such circumstances as may be prescribed by the regulations.

• 6.
• 7Definition

  7 In sections 8, 9 and 10, “Minister” means the Minister of Finance or such other member of the Executive Council to whom the administration of those sections is assigned under the Executive Council Act.

• 7.
• 8Records

  8 (1) Every electricity vendor and every person prescribed by the regulations shall keep at a location in Ontario such records as are necessary to determine and verify compliance with this Act and the regulations and any records required by the regulations to be kept. Electronic records (2) If a person keeps records in an electronic form, the person shall ensure that, from the time the records are first made and for as long as they are required to be retained, (a) they remain complete and unaltered, apart from any changes or additions made in the normal course of communication, storage or display; and (b) they are capable of being printed and of being produced in electronically readable format for inspection, examination or audit. Retention of records (3) Records required to be kept under subsection (1) shall not be destroyed unless authorization has been given in writing by the Minister…

• 8.
• 9Inspections and inquiries

  9 (1) The Minister may appoint one or more inspectors who are authorized to exercise any of the powers and perform any of the duties of a person authorized by the Minister under subsection 31 (1) of the Retail Sales Tax Act for any purpose related to the administration and enforcement of this Act. Same (2) Subsections 31 (1), (2), (2.1) and (2.2) of the Retail Sales Tax Act apply, with necessary modifications, with respect to the administration and enforcement of this Act. Admission of evidence (3) The Minister, or a person authorized by the Minister, may, for any purpose related to the administration of this Act or the regulations, reproduce from original data stored electronically any information previously submitted as required under this Act or the regulations in any form by any person, and the electronically reproduced document shall be admissible in evidence and shall have the same…

• 10Definitions

  10 (1) In this section, “inspector” means an inspector referred to in section 9; (“inspecteur”) “overpayment” means an amount received by a person in excess of any reimbursement to which the person is entitled under this Act and the regulations. (“trop-perçu”) 2016, c. 19, s. 10 (1). Notice of overpayment (2) If it appears to an inspector that a person has received an overpayment, the Minister may send a written notice to the person advising the person of the following: 1. That the person has received an overpayment. 2. The amount of the overpayment and how it was calculated. 3. The required steps to be taken by the person with respect to the overpayment. 4. The date, not more than six months after the date of the notice, by which these steps must be completed. 5. That the Minister has the authority to assess the person for the amount of the overpayment, plus interest, if the person fail…

• 10.
• 11Confidentiality

  11 (1) Except as authorized by this section, no person employed by the Government of Ontario shall, (a) knowingly communicate or knowingly allow to be communicated to any person any information obtained by or on behalf of the Minister of Energy, Northern Development and Mines or the Minister of Finance for the purposes of this Act; or (b) knowingly allow any person to inspect or to have access to any record or thing obtained by or on behalf of either Minister for the purposes of this Act. 2016, c. 19, s. 11 (1); 2019, c. 6, Sched. 4, s. 6. Testimony (2) No person employed by the Government of Ontario shall be required, in connection with any legal proceedings, (a) to give evidence relating to any information obtained by or on behalf of the Minister of Energy, Northern Development and Mines or Minister of Finance for the purposes of this Act; or (b) to produce any record or thing obtained…

• 11.
• 12False statements, etc., and fraud

  12 (1) Every person who engages in any of the following acts or omissions is guilty of an offence: 1. Making, participating in, assenting to or acquiescing in the making of a false or deceptive statement in any document or answer required or submitted under this Act or the regulations. 2. Destroying, altering, mutilating, hiding or otherwise disposing of information or records of an electricity vendor or other person, for the purpose of evading compliance with this Act or the regulations. 3. Making, assenting to or acquiescing in the making of a false or deceptive entry of a material particular in a record of an electricity vendor or other person required to maintain records for the purposes of this Act. 4. Omitting to make or assenting to or acquiescing in the omission of an entry of a material particular in a record of an electricity vendor or other person required to maintain records …

• 12.
• 13Limitation period

  13 A proceeding to prosecute an offence under this Act must be commenced within six years after the date on which the matter of the offence arose.

• 13.
• 14Payment of fines

  14 Fines imposed on conviction of an offence under this Act are payable to the Minister of Finance on behalf of the Crown in right of Ontario.

• 14.
• 15Regulations

  15 (1) The Lieutenant Governor in Council may make regulations, (a) subject to the powers of the Minister of Energy, Northern Development and Mines under subsection (2), prescribing anything required to be or referred to in this Act as being prescribed by the regulations; (b) defining any word or expression used in this Act that is not already expressly defined in this Act; (c) requiring any person to take such action or refrain from taking such action as may be necessary for the purposes of or in connection with any regulation made under this Act; (d) governing information that must or may be provided to consumers concerning this Act and eligibility for financial assistance under it; (e) governing the determination of the financial assistance to which a consumer is entitled under this Act, including, (i) setting out the amount of financial assistance or methods for determining it, (ii) …

• 15.
• 16, 17

  16, 17 Omitted (amends, repeals or revokes other legislation).

• 16., 17
• 18

  18 Omitted (provides for coming into force of provisions of this Act).

• 18.
• 19

  19 Omitted (enacts short title of this Act). ______________