Ontario Energy Board Act, 1998 - O. Reg. 624/98

Ontario Energy Board Act, 1998
Loi de 1998 sur la Commission de l’énergie de l’Ontario

ONTARIO REGULATION 624/98

Amended to O. Reg. 329/03

GAS MARKETING

Note: This Regulation was revoked on August 1, 2003. See: O.Reg. 329/03, s.1.

This Regulation is made in English only.

Definition of “Low-Volume Consumer”

1.The amount of gas referred to in the definition of “low-volume consumer” in section 47 of the Act is 50,000 cubic metres. O.Reg. 624/98, s.1.

Mandatory Licence Conditions

2.The director or the Board must impose the following conditions on a gas marketer’s licence:

1.Every contract that the licence holder enters into with a low-volume consumer shall include a condition that allows the consumer to rescind the contract within 10 days after it is entered into, without the consumer being liable for any damages in respect of the rescission,

i.by personally delivering or mailing by registered mail a written notice of rescission to a person and address specified in the contract, or

ii.by sending a telephone transmission of a facsimile of a written notice of rescission to a person and telephone number specified in the contract.

2.The licence holder shall not enter into any contract as the agent of a low-volume consumer within 10 days after being appointed as the consumer’s agent.

3.The licence holder shall provide the director with such information as the director requests from time to time that relates to the business of gas marketing and is reasonably necessary to allow the director to discharge his or her duties under Part IV of the Act, and shall provide the information at such times and in such manner and form as is specified by the director.

4.The licence holder shall, within five days, notify the director in writing of any change in,

i.the licence holder’s officers or directors, if the licence holder is a corporation,

ii.the partners, if the licence holder is a partnership, and

iii.the licence holder’s address for service, if the licence holder provided an address for service in its application for the licence.

5.If the licence holder’s licence is suspended, revoked or cancelled, the licence holder shall immediately return the licence to the director, personally or by registered mail. O.Reg. 624/98, s.2.

3.(1)The director or the Board must impose the following conditions on a gas marketer’s licence if the licence holder does not have an office or other place of business in Ontario:

1.The licence holder shall ensure the continuing appointment, at all times, of an individual who is a resident of Ontario and is at least 18 years old, or a corporation that has its head office or registered office in Ontario, as the licence holder’s agent for service in Ontario on whom service of process, notices or other documents may be made.

2.Every appointment referred to in paragraph 1 shall be in writing, in a form approved or established by the Board.

3.The licence holder shall file every appointment referred to in paragraph 1 with the director and shall, within five days of any change in the information filed, notify the director in writing of the change.

(2)Subsection (1) does not apply to,

(a)a corporation that appoints an agent for service in Ontario in accordance with the Extra-Provincial Corporations Act; or

(b)an extra-provincial limited partnership that appoints an attorney and representative in Ontario in accordance with the Limited Partnerships Act to accept service. O.Reg. 624/98, s.3.

Discretionary Licence Conditions

4.The director or the Board may impose any of the following types of conditions on a gas marketer’s licence:

1.A condition providing that the licence is valid and in force until the date specified in the licence or for such other period as is described in the licence.

2.A condition requiring the licence holder to participate in a consumer complaints resolution process administered by a person or other entity that is selected by the Board.

3.A condition prohibiting the licence holder from entering into any contract with a low-volume consumer that has a term of more than five years.

4.A condition prohibiting the licence holder from entering into any contract as the agent of a low-volume consumer that will expire after the licence holder’s authority to act as the consumer’s agent expires. O.Reg. 624/98, s.4.

Additional Licence Requirements

5.It is a requirement for the issuance of a gas marketer’s licence to an individual that the individual be at least 18 years old. O.Reg. 624/98, s.5.

Security

6.(1)Subject to subsection (2), the director may, for the purpose of satisfying himself or herself that an applicant for a gas marketer’s licence can reasonably be expected to be financially responsible in the conduct of business, require the applicant to file security with the director in the form of a letter of credit from a bank named in Schedule I or II to the Bank Act (Canada) in an amount specified by the director that does not exceed$100,000.

(2)The director shall not require an applicant to file security in accordance with subsection (1) if, based on other information submitted by the applicant, the director can satisfy himself or herself that the applicant can reasonably be expected to be financially responsible in the conduct of business. O.Reg. 624/98, s.6.