[37] Bill 204 Original (PDF)
Bill 204 2002
An Act to amend the
Ontario Energy Board Act, 1998
to protect residential consumers
from the discontinuance of electricity
and gas supplies during certain months
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 4 of the Ontario Energy Board Act, 1998 is amended by adding the following subsection:
Special panel
(6) There shall be a special panel of the Board known as the No Freezing in the Dark Panel, to deal with complaints under subsections 36.0.1 (3) and 79.1 (3).
2. The Act is amended by adding the following sections:
Supply not to be discontinued during certain months
36.0.1 (1) No gas distributor shall for any reason, including non-payment, cease delivering gas to a residential consumer during the period that begins on October 1 in a calendar year and ends on May 1 in the next calendar year, unless the residential consumer's written consent is obtained in advance.
No contracting out
(2) Subsection (1) applies despite any agreement to the contrary.
Complaint
(3) A residential consumer may complain to the Board that a gas distributor has contravened subsection (1) with respect to the consumer.
Special panel
(4) The special panel described in subsection 4 (6) shall deal with the complaint and shall render a decision within 48 hours after receiving the complaint.
Order
(5) If the special panel is satisfied that the gas distributor contravened subsection (1) with respect to the residential consumer, it shall order the gas distributor to resume delivering gas to the consumer immediately.
No reconnection fee
(6) No gas distributor shall charge a reconnection fee or similar amount for resuming delivering gas in compliance with an order of the special panel under subsection (5).
Offence
(7) A gas distributor who fails to comply with an order of the special panel under subsection (5) is guilty of an offence and, on conviction, is liable to a fine of not more than $1,000,000.
Restriction re security deposits
36.0.2 (1) No gas distributor shall require a low-income residential consumer to pay a security deposit.
Definitions
(2) In subsection (1),
"low-income residential consumer" means a residential consumer who meets the conditions prescribed by the regulations; ("consommateur résidentiel à faible revenu")
"security deposit" means money, property or a right paid or given by, or on behalf of, a consumer to a gas distributor or to anyone on the gas distributor's behalf to be held by or for the account of the gas distributor as security for the performance of an obligation or the payment of a liability of the consumer or to be returned to the consumer upon the happening of a condition. ("dépôt de garantie")
Regulation
(3) The Lieutenant Governor in Council may, by regulation, prescribe the conditions referred to in the definition of "low-income residential consumer" in subsection (2).
3. The Act is amended by adding the following sections:
Supply not to be discontinued during certain months
79.1 (1) No distributor shall for any reason, including non-payment, cease delivering electricity to a residential consumer during the period that begins on October 1 and ends on the following May 1, unless the residential consumer's written consent is obtained in advance.
No contracting out
(2) Subsection (1) applies despite any agreement to the contrary.
Complaint
(3) A residential consumer may complain to the Board that a distributor has contravened subsection (1) with respect to the consumer.
Special panel
(4) The special panel described in subsection 4 (6) shall deal with the complaint and shall render a decision within 48 hours after receiving the complaint.
Order
(5) If the special panel is satisfied that the distributor contravened subsection (1) with respect to the residential consumer, it shall order the distributor to resume delivering electricity to the consumer immediately.
No reconnection fee
(6) A distributor shall not charge a reconnection fee or similar amount for resuming delivering electricity in compliance with an order of the special panel under subsection (5).
Offence
(7) A distributor who fails to comply with an order of the special panel under subsection (5) is guilty of an offence and, on conviction, is liable to a fine of not more than $1,000,000.
Restriction re security deposits
79.2 (1) No distributor shall require a low-income residential consumer to pay a security deposit.
Definitions
(2) In subsection (1),
"low-income residential consumer" means a residential consumer who meets the conditions prescribed by the regulations; ("consommateur résidentiel à faible revenu")
"security deposit" means money, property or a right paid or given by, or on behalf of, a consumer to a distributor or to anyone on the distributor's behalf to be held by or for the account of the distributor as security for the performance of an obligation or the payment of a liability of the consumer or to be returned to the consumer upon the happening of a condition. ("dépôt de garantie")
Regulation
(3) The Lieutenant Governor in Council may, by regulation, prescribe the conditions referred to in the definition of "low-income residential consumer" in subsection (2).
Commencement
4. This Act comes into force on the day it receives Royal Assent.
Short title
5. The short title of this Act is the No Freezing in the Dark Act (Ontario Energy Board Amendment), 2002.
EXPLANATORY NOTE
The Bill amends the Ontario Energy Board Act, 1998 to provide that supplies of gas and electricity to residential consumers may not be discontinued without their consent during the period from October 1 to the following May 1, for any reason including non-payment. The Ontario Energy Board is required to deal with complaints within 48 hours and to order reconnection if the distributor has contravened the no discontinuance provision. The distributor is not permitted to charge a reconnection fee. Failure to comply with the reconnection order is an offence that may result in a fine of up to $1,000,000.
The Bill also amends the Act to prohibit requiring security deposits from low-income residential consumers. "Low-income" is defined by regulation.