Acts and Regulations

2013, c.7 - Electricity Act

Section 142
Disposition versions

Full text
Regulations
142(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2021, c.42, s.40
(b) respecting the nomination process provided for in subsection 2.12(7), 2.42(7), 15(7) or 23(7), including, without limitation, recruitment, assessment and selection processes, the qualifications and skill requirements for nominees and the process for further nominations in the event of the rejection of nominees;
(b.01) for the purposes of subsection 2.42(11), respecting circumstances in which the Lieutenant-Governor in Council may remove the President and Chief Executive Officer of the Holding Corporation from office;
(b.1) for the purposes of subsection 23(11), respecting circumstances in which the Lieutenant-Governor in Council may remove the President and Chief Executive Officer of the Corporation from office;
(c) prescribing Acts or provisions of Acts that do not apply to the transfer to the Corporation and vesting in the Corporation of property, claims, rights, liabilities, obligations and privileges under subsection 53(1) or to the transfer of employees under subsection 57(1), subject to any conditions or restrictions prescribed by the regulations;
(d) respecting the calculation of the fees referred to in subsection 46(1);
(e) respecting the manner in which and the time at which the fees referred to in subsection 46(1) are to be paid;
(e.1) prescribing Acts or provisions of Acts that do not apply to a transfer effected under a transfer order under section 50.1, subject to any conditions or restrictions prescribed by the regulations;
(e.2) prescribing other purposes for the purposes of section 72.1;
(f) establishing policies to be observed by the Board in the exercise of any jurisdiction or authority conferred on it under this Act or the regulations;
(f.1) for the purposes of subsection 103(10), prescribing a capital structure of the Corporation to be used by the Board for the purposes of determining the Corporation’s revenue requirements and approving or fixing just and reasonable rates;
(f.2) for the purposes of subsection 103(10), prescribing a return on equity or a range of return on equity for the purposes of determining the Corporation’s revenue requirements and approving or fixing just and reasonable rates;
(f.3) for the purposes of subsection 103(10), prescribing a method of calculating the return on equity of the Corporation for the purposes of determining the Corporation’s revenue requirements and approving or fixing just and reasonable rates;
(g) Repealed: 2021, c.42, s.40
(g.1) respecting the transfer of amounts under section 117.22, including prescribing the times and manner of transfers during the fiscal year and an annual minimum amount to be transferred;
(g.2) prescribing energy efficiency and energy conservation programs and initiatives, as well as the persons, groups, organizations and classes of persons, groups or organizations, for the purposes of paragraphs 117.23(b) and (c);
(g.3) prescribing minimum energy efficiency targets for electricity to be obtained by the Corporation, expressed as a percent reduction of in-province electricity sales;
(g.4) prescribing reporting requirements for the Corporation, including the methods and manner of reporting, to determine progress toward
(i) meeting its minimum energy efficiency targets for electricity, and
(ii) developing and delivering programs and initiatives as described in section 117.23;
(h) prescribing a range of return on equity for the purposes of subsection 113(10);
(i) prescribing a capital structure for the purposes of subsection 113(11);
(i.1) for the purposes of section 117.3, respecting the Energy Efficiency and Demand Response Deferral Account, including, without limitation,
(i) the operating parameters for the account, including
(A) qualifying costs to be recorded in the account,
(B) applicable accounting methods,
(C) the method of calculating qualifying costs and the deductions to be made in calculating the costs, and
(D) rules for the application of financing costs to the account balance,
(ii) the recovery of the balance of the account, including
(A) any applicable amortization period, and
(B) the method of recovery from the rates charged by the Corporation, and
(iii) auditing and oversight requirements;
(i.2) for the purposes of section 117.4, respecting each of the regulatory variance accounts, including, without limitation,
(i) their operating parameters, including
(A) applicable accounting methods,
(B) the method of calculating the variances, including the inclusion or exclusion of any particular cost or revenue, and incentive thresholds or performance incentives that are considered in the calculation of the variances, and
(C) rules for the application of financing costs to the account balances,
(ii) auditing and oversight requirements, including the review of audits by the Board and the approval or revision of the variances by the Board,
(iii) the recovery of the balance of each account from customers and the reimbursement of the balance to customers, including
(A) the time period for recovery or reimbursement and the calculation methods that apply,
(B) the establishment of rate riders, and
(C) the establishment of a minimum and maximum recovery threshold and a minimum and maximum reimbursement threshold,
(iv) the allocation of the balance of each account among the various rate classes, and
(v) filing and reporting requirements;
(j) respecting reliability standards, including, without limitation,
(i) respecting the filing of reliability standards and other materials and information with the Board, including, but not limited to, requiring the Corporation to file materials or information within specified times,
(ii) respecting the approval of reliability standards and the applicability, publication, modification and retirement of approved reliability standards,
(iii) designating bodies as compliance bodies for the purposes of the definition “compliance body” in section 1,
(iv) for the purposes of subsection 119(3), respecting circumstances in which the Board is required to approve a reliability standard or approve modifications to or retire an approved reliability standard,
(v) respecting transfers and agreements referred to in subsection 120(3),
(vi) prescribing functions for the purposes of subsections 120(1), 121(1) and 150(1),
(vii) respecting the registration of owners, operators and users of the bulk power system, including registration in respect of functions prescribed under subparagraph (vi),
(viii) authorizing the Corporation or a compliance body to make recommendations as to which persons are required to be registered under subsection 121(1) and in relation to other matters pertaining to registration,
(ix) respecting notifications by the Board under subsection 121(2),
(x) prescribing any power, duty, function, responsibility or authority of the Board for the purposes of paragraph 122(2)(c),
(xi) respecting compliance with and enforcement of approved reliability standards,
(xii) respecting the preparation of plans to correct actual or potential violations of an approved reliability standard and to prevent their recurrence and the submission of those plans to the Board for its approval, including, but not limited to, the preparation and submission of plans referred to in subparagraph 122(4)(a)(i),
(xiii) authorizing and governing the making of orders or decisions by the Board, including, but not limited to, an order or decision
(A) respecting the approval of a reliability standard, with or without modifications,
(B) respecting the approval of modifications to an approved reliability standard,
(C) respecting the refusal to approve a reliability standard or modifications to an approved reliability standard,
(D) respecting the remanding of a reliability standard or modifications to an approved reliability standard for further consideration,
(E) respecting the retirement of an approved reliability standard,
(F) in respect of an appeal referred to in subsection 121(3),
(G) that an actual or potential violation of an approved reliability standard has or has not occurred,
(H) respecting actual or potential violations of an approved reliability standard,
(I) requiring immediate action to remedy a potential violation of an approved reliability standard, or
(J) respecting the approval of plans referred to in subparagraph (xii),
(xiv) respecting proceedings of the Board, including appeals referred to in subsection 121(3),
(xv) respecting the carrying out of plans referred to in subparagraph (xii) that have been approved by the Board,
(xvi) respecting financial penalties referred to in paragraph 122(4)(b), including, but not limited to, maximum penalties and methods used to determine penalties,
(xvii) prescribing acts or things for the purposes of paragraph 122(4)(f),
(xviii) respecting a compliance monitoring and enforcement program administered by the Board to monitor and assess compliance with and enforce approved reliability standards, including, but not limited to,
(A) authorizing the Board to develop, prepare and carry out annual implementation plans and other plans containing
(I) reporting requirements,
(II) requirements to submit to audits, spot checks, investigations and other compliance measures taken by the Board, and
(III) other requirements for monitoring and assessing compliance with the reliability standards,
(B) respecting settlement processes, and
(C) authorizing the Board to take enforcement actions,
(xix) requiring owners, operators or users of the bulk power system to comply with annual implementation plans and other plans referred to in subparagraph (xviii),
(xx) respecting the keeping of records by the Board and the confidentiality of information generated or received by the Board,
(xxi) requiring and governing the provision of information by the Board to the Corporation, including, but not limited to, information respecting potential violations of approved reliability standards by persons other than the Corporation and information respecting orders made in respect of the potential violations, and
(xxii) conferring additional powers or duties on the Board or the Corporation;
(k) authorizing the Board to shorten or lengthen any time limit set out in a regulation made under paragraph (j) other than a time limit set out in a regulation made under subparagraph (i) of that paragraph;
(l) respecting requirements for the Corporation to obtain electricity from renewable resources, including, without limitation,
(i) prescribing the criteria to be met for a resource to be considered a renewable resource, including, but not limited to, criteria relating to fuel source, ownership and location,
(ii) setting the amount, or methods of determining the amounts, of electricity to be obtained from renewable resources or types of renewable resources,
(iii) setting the purchase price, or method of setting the purchase price, for electricity obtained from renewable resources or types of renewable resources,
(iv) prescribing requirements and procurement rules in relation to obtaining electricity from renewable resources or types of renewable resources, including, but not limited to,
(A) rules regarding distributed generation and technical requirements for connection to the distribution system of a distribution electric utility,
(B) rules regarding net metering, and
(C) requirements to be met by providers of electricity, and
(v) authorizing a distribution electricity utility to establish requirements or policies for the connection of distributed generation or net metering facilities to the distribution electric utility’s distribution system;
(l.1) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by small-scale generation facilities, including, but without limitation,
(i) respecting a procurement set-aside for Aboriginal businesses, including,
(A) specifying the total amount of new capacity the Corporation shall endeavour to obtain from Aboriginal businesses,
(B) specifying the maximum amount of new capacity the Corporation may obtain from a small-scale generation facility owned by one or more Aboriginal businesses and the maximum amount the Corporation may obtain from two or more small-scale generation facilities owned by two or more Aboriginal businesses and located on the same site,
(C) respecting a notice of a call for expressions of interest,
(D) respecting procurement processes for obtaining electricity from Aboriginal businesses,
(E) authorizing an Aboriginal business to enter into a partnership to develop, operate and maintain a small-scale generation facility with any individual who is not a resident of the Province or with any corporation or organization that is owned by an individual who is not a resident of the Province and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(F) authorizing the Corporation to enter into a partnership with one or more Aboriginal businesses to develop, operate and maintain a small-scale generation facility and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(G) authorizing the Corporation to enter into a partnership with one or more Aboriginal businesses to refurbish, operate and maintain a generation facility owned by the Corporation and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(ii) respecting a procurement set-aside for local entities, including,
(A) specifying the total amount of new capacity the Corporation shall endeavour to obtain from local entities,
(B) specifying the maximum amount of new capacity the Corporation may obtain from a small-scale generation facility owned by one or more local entities and the maximum amount the Corporation may obtain from two or more small-scale generation facilities owned by two or more local entities and located on the same site,
(C) respecting a notice of a call for expressions of interest,
(D) respecting procurement processes for obtaining electricity from local entities,
(E) authorizing a local entity to enter into a partnership to develop, operate and maintain a small-scale generation facility with any individual who is not a resident of the Province or with any corporation or organization that is owned by an individual who is not a resident of the Province and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(F) authorizing the Corporation to enter into a partnership with one or more local entities to develop, operate and maintain a small-scale generation facility and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(G) authorizing the Corporation to enter into a partnership with one or more local entities to refurbish, operate and maintain a generation facility owned by the Corporation and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain, and
(iii) respecting procurement rules in relation to obtaining electricity through distributed generation, including,
(A) deeming any electricity obtained by the Corporation in accordance with an embedded generation agreement or a net metering agreement that is in effect on the date the program begins as electricity obtained under the program,
(B) respecting the criteria an embedded generation facility must meet in order to provide the Corporation with electricity under an embedded generation agreement, and
(C) respecting the criteria for providing the Corporation with electricity under a net metering agreement;
(m) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by some or all of the large industrial enterprises located in the Province, including, without limitation,
(i) respecting the eligibility requirements for the program,
(ii) specifying the types of electricity generated from renewable resources that are eligible under the program,
(iii) setting the purchase price for electricity obtained in accordance with the program,
(iv) authorizing the Minister to determine the methodology and any relevant factors for consideration in the calculation of the Canadian average price for the purposes of the program, and
(v) respecting the method by which the target reduction percent is to be calculated for the purposes of the program and how the target reduction percent is to be achieved;
(n) respecting reports to be made to the Minister for the purposes of section 136;
(o) respecting demand-side management and energy efficiency requirements for the purposes of section 137;
(o.1) setting the maximum price, expressed per megawatt-hour of electricity, for the purposes of subsection 137.1(2);
(p) prescribing modifications for the purposes of subsection 147(1);
(q) exempting any person or class of persons from any provision of this Act or the regulations, subject to any conditions or restrictions prescribed by the regulations;
(q.1) prescribing other sources of energy for the purposes of the definition “clean source” in section 1;
(r) designating bodies as standards bodies for the purposes of the definition “standards body” in section 1;
(s) defining “advanced small modular reactor”, “bulk power system”, “distributed generation”, “large load”, “net metering” and “qualifying costs” and any other word or expression used in this Act but not defined in this Act, for the purposes of this Act, the regulations or both;
(t) respecting any other thing required or authorized by this Act to be done by regulation;
(u) providing for any transitional matters that the Lieutenant-Governor in Council considers necessary or advisable in connection with the implementation of this Act;
(v) respecting any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent of this Act.
142(2)A regulation made under this section may be general or particular in its application.
142(3)A regulation made under this section may incorporate by reference, in whole or in part, any laws, regulatory instruments, codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with any law, regulatory instrument, code, standard, procedure or guideline so incorporated.
142(4)A regulation made under paragraph 1(c) may provide that it has retroactive application to the date of the commencement of this section.
142(5)In a regulation made under any of the subparagraphs in paragraph (1)(j), the Lieutenant-Governor in Council may
(a) delegate a matter to the Board, the Corporation or a compliance body referred to in subsection 122(3), and
(b) confer a discretion on the Board, the Corporation or a compliance body referred to in subsection 122(3).
142(5.1)In a regulation made under paragraph (1)(i.1) or (i.2), the Lieutenant-Governor in Council may
(a) delegate a matter to the Board, and
(b) confer a discretion on the Board.
142(6)A regulation made under paragraph (1)(l) or (m) may provide that it has retroactive application to a date not earlier than January 1, 2012.
142(7)In a regulation made under paragraph (1)(s) defining the term “bulk power system”, the Lieutenant-Governor in Council
(a) may authorize the Board to modify, by order, the meaning of the defined term by including or excluding system elements, and
(b) may provide that, in making an order referred to in paragraph (a), the Board shall consider prescribed criteria as well as any other factors the Board considers relevant.
142(8)A regulation made under paragraph (1)(u)
(a) may provide that it has retroactive application to a date not earlier than the date of the commencement of this section, and
(b) may provide that it applies despite this or any other Act.
2015, c.32, s.1; 2021, c.42, s.40; 2022, c.20, s.3; 2023, c.37, s.8
Regulations
142(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2021, c.42, s.40
(b) respecting the nomination process provided for in subsection 2.12(7), 2.42(7), 15(7) or 23(7), including, without limitation, recruitment, assessment and selection processes, the qualifications and skill requirements for nominees and the process for further nominations in the event of the rejection of nominees;
(b.01) for the purposes of subsection 2.42(11), respecting circumstances in which the Lieutenant-Governor in Council may remove the President and Chief Executive Officer of the Holding Corporation from office;
(b.1) for the purposes of subsection 23(11), respecting circumstances in which the Lieutenant-Governor in Council may remove the President and Chief Executive Officer of the Corporation from office;
(c) prescribing Acts or provisions of Acts that do not apply to the transfer to the Corporation and vesting in the Corporation of property, claims, rights, liabilities, obligations and privileges under subsection 53(1) or to the transfer of employees under subsection 57(1), subject to any conditions or restrictions prescribed by the regulations;
(d) respecting the calculation of the fees referred to in subsection 46(1);
(e) respecting the manner in which and the time at which the fees referred to in subsection 46(1) are to be paid;
(e.1) prescribing Acts or provisions of Acts that do not apply to a transfer effected under a transfer order under section 50.1, subject to any conditions or restrictions prescribed by the regulations;
(f) establishing policies to be observed by the Board in the exercise of any jurisdiction or authority conferred on it under this Act or the regulations;
(f.1) for the purposes of subsection 103(10), prescribing a capital structure of the Corporation to be used by the Board for the purposes of determining the Corporation’s revenue requirements and approving or fixing just and reasonable rates;
(f.2) for the purposes of subsection 103(10), prescribing a return on equity or a range of return on equity for the purposes of determining the Corporation’s revenue requirements and approving or fixing just and reasonable rates;
(f.3) for the purposes of subsection 103(10), prescribing a method of calculating the return on equity of the Corporation for the purposes of determining the Corporation’s revenue requirements and approving or fixing just and reasonable rates;
(g) Repealed: 2021, c.42, s.40
(g.1) respecting the transfer of amounts under section 117.22, including prescribing the times and manner of transfers during the fiscal year and an annual minimum amount to be transferred;
(g.2) prescribing energy efficiency and energy conservation programs and initiatives, as well as the persons, groups, organizations and classes of persons, groups or organizations, for the purposes of paragraphs 117.23(b) and (c);
(g.3) prescribing minimum energy efficiency targets for electricity to be obtained by the Corporation, expressed as a percent reduction of in-province electricity sales;
(g.4) prescribing reporting requirements for the Corporation, including the methods and manner of reporting, to determine progress toward
(i) meeting its minimum energy efficiency targets for electricity, and
(ii) developing and delivering programs and initiatives as described in section 117.23;
(h) prescribing a range of return on equity for the purposes of subsection 113(10);
(i) prescribing a capital structure for the purposes of subsection 113(11);
(i.1) for the purposes of section 117.3, respecting the Energy Efficiency and Demand Response Deferral Account, including, without limitation,
(i) the operating parameters for the account, including
(A) qualifying costs to be recorded in the account,
(B) applicable accounting methods,
(C) the method of calculating qualifying costs and the deductions to be made in calculating the costs, and
(D) rules for the application of financing costs to the account balance,
(ii) the recovery of the balance of the account, including
(A) any applicable amortization period, and
(B) the method of recovery from the rates charged by the Corporation, and
(iii) auditing and oversight requirements;
(i.2) for the purposes of section 117.4, respecting each of the regulatory variance accounts, including, without limitation,
(i) their operating parameters, including
(A) applicable accounting methods,
(B) the method of calculating the variances, including the inclusion or exclusion of any particular cost or revenue, and incentive thresholds or performance incentives that are considered in the calculation of the variances, and
(C) rules for the application of financing costs to the account balances,
(ii) auditing and oversight requirements, including the review of audits by the Board and the approval or revision of the variances by the Board,
(iii) the recovery of the balance of each account from customers and the reimbursement of the balance to customers, including
(A) the time period for recovery or reimbursement and the calculation methods that apply,
(B) the establishment of rate riders, and
(C) the establishment of a minimum and maximum recovery threshold and a minimum and maximum reimbursement threshold,
(iv) the allocation of the balance of each account among the various rate classes, and
(v) filing and reporting requirements;
(j) respecting reliability standards, including, without limitation,
(i) respecting the filing of reliability standards and other materials and information with the Board, including, but not limited to, requiring the Corporation to file materials or information within specified times,
(ii) respecting the approval of reliability standards and the applicability, publication, modification and retirement of approved reliability standards,
(iii) designating bodies as compliance bodies for the purposes of the definition “compliance body” in section 1,
(iv) for the purposes of subsection 119(3), respecting circumstances in which the Board is required to approve a reliability standard or approve modifications to or retire an approved reliability standard,
(v) respecting transfers and agreements referred to in subsection 120(3),
(vi) prescribing functions for the purposes of subsections 120(1), 121(1) and 150(1),
(vii) respecting the registration of owners, operators and users of the bulk power system, including registration in respect of functions prescribed under subparagraph (vi),
(viii) authorizing the Corporation or a compliance body to make recommendations as to which persons are required to be registered under subsection 121(1) and in relation to other matters pertaining to registration,
(ix) respecting notifications by the Board under subsection 121(2),
(x) prescribing any power, duty, function, responsibility or authority of the Board for the purposes of paragraph 122(2)(c),
(xi) respecting compliance with and enforcement of approved reliability standards,
(xii) respecting the preparation of plans to correct actual or potential violations of an approved reliability standard and to prevent their recurrence and the submission of those plans to the Board for its approval, including, but not limited to, the preparation and submission of plans referred to in subparagraph 122(4)(a)(i),
(xiii) authorizing and governing the making of orders or decisions by the Board, including, but not limited to, an order or decision
(A) respecting the approval of a reliability standard, with or without modifications,
(B) respecting the approval of modifications to an approved reliability standard,
(C) respecting the refusal to approve a reliability standard or modifications to an approved reliability standard,
(D) respecting the remanding of a reliability standard or modifications to an approved reliability standard for further consideration,
(E) respecting the retirement of an approved reliability standard,
(F) in respect of an appeal referred to in subsection 121(3),
(G) that an actual or potential violation of an approved reliability standard has or has not occurred,
(H) respecting actual or potential violations of an approved reliability standard,
(I) requiring immediate action to remedy a potential violation of an approved reliability standard, or
(J) respecting the approval of plans referred to in subparagraph (xii),
(xiv) respecting proceedings of the Board, including appeals referred to in subsection 121(3),
(xv) respecting the carrying out of plans referred to in subparagraph (xii) that have been approved by the Board,
(xvi) respecting financial penalties referred to in paragraph 122(4)(b), including, but not limited to, maximum penalties and methods used to determine penalties,
(xvii) prescribing acts or things for the purposes of paragraph 122(4)(f),
(xviii) respecting a compliance monitoring and enforcement program administered by the Board to monitor and assess compliance with and enforce approved reliability standards, including, but not limited to,
(A) authorizing the Board to develop, prepare and carry out annual implementation plans and other plans containing
(I) reporting requirements,
(II) requirements to submit to audits, spot checks, investigations and other compliance measures taken by the Board, and
(III) other requirements for monitoring and assessing compliance with the reliability standards,
(B) respecting settlement processes, and
(C) authorizing the Board to take enforcement actions,
(xix) requiring owners, operators or users of the bulk power system to comply with annual implementation plans and other plans referred to in subparagraph (xviii),
(xx) respecting the keeping of records by the Board and the confidentiality of information generated or received by the Board,
(xxi) requiring and governing the provision of information by the Board to the Corporation, including, but not limited to, information respecting potential violations of approved reliability standards by persons other than the Corporation and information respecting orders made in respect of the potential violations, and
(xxii) conferring additional powers or duties on the Board or the Corporation;
(k) authorizing the Board to shorten or lengthen any time limit set out in a regulation made under paragraph (j) other than a time limit set out in a regulation made under subparagraph (i) of that paragraph;
(l) respecting requirements for the Corporation to obtain electricity from renewable resources, including, without limitation,
(i) prescribing the criteria to be met for a resource to be considered a renewable resource, including, but not limited to, criteria relating to fuel source, ownership and location,
(ii) setting the amount, or methods of determining the amounts, of electricity to be obtained from renewable resources or types of renewable resources,
(iii) setting the purchase price, or method of setting the purchase price, for electricity obtained from renewable resources or types of renewable resources,
(iv) prescribing requirements and procurement rules in relation to obtaining electricity from renewable resources or types of renewable resources, including, but not limited to,
(A) rules regarding distributed generation and technical requirements for connection to the distribution system of a distribution electric utility,
(B) rules regarding net metering, and
(C) requirements to be met by providers of electricity, and
(v) authorizing a distribution electricity utility to establish requirements or policies for the connection of distributed generation or net metering facilities to the distribution electric utility’s distribution system;
(l.1) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by small-scale generation facilities, including, but without limitation,
(i) respecting a procurement set-aside for Aboriginal businesses, including,
(A) specifying the total amount of new capacity the Corporation shall endeavour to obtain from Aboriginal businesses,
(B) specifying the maximum amount of new capacity the Corporation may obtain from a small-scale generation facility owned by one or more Aboriginal businesses and the maximum amount the Corporation may obtain from two or more small-scale generation facilities owned by two or more Aboriginal businesses and located on the same site,
(C) respecting a notice of a call for expressions of interest,
(D) respecting procurement processes for obtaining electricity from Aboriginal businesses,
(E) authorizing an Aboriginal business to enter into a partnership to develop, operate and maintain a small-scale generation facility with any individual who is not a resident of the Province or with any corporation or organization that is owned by an individual who is not a resident of the Province and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(F) authorizing the Corporation to enter into a partnership with one or more Aboriginal businesses to develop, operate and maintain a small-scale generation facility and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(G) authorizing the Corporation to enter into a partnership with one or more Aboriginal businesses to refurbish, operate and maintain a generation facility owned by the Corporation and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(ii) respecting a procurement set-aside for local entities, including,
(A) specifying the total amount of new capacity the Corporation shall endeavour to obtain from local entities,
(B) specifying the maximum amount of new capacity the Corporation may obtain from a small-scale generation facility owned by one or more local entities and the maximum amount the Corporation may obtain from two or more small-scale generation facilities owned by two or more local entities and located on the same site,
(C) respecting a notice of a call for expressions of interest,
(D) respecting procurement processes for obtaining electricity from local entities,
(E) authorizing a local entity to enter into a partnership to develop, operate and maintain a small-scale generation facility with any individual who is not a resident of the Province or with any corporation or organization that is owned by an individual who is not a resident of the Province and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(F) authorizing the Corporation to enter into a partnership with one or more local entities to develop, operate and maintain a small-scale generation facility and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(G) authorizing the Corporation to enter into a partnership with one or more local entities to refurbish, operate and maintain a generation facility owned by the Corporation and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain, and
(iii) respecting procurement rules in relation to obtaining electricity through distributed generation, including,
(A) deeming any electricity obtained by the Corporation in accordance with an embedded generation agreement or a net metering agreement that is in effect on the date the program begins as electricity obtained under the program,
(B) respecting the criteria an embedded generation facility must meet in order to provide the Corporation with electricity under an embedded generation agreement, and
(C) respecting the criteria for providing the Corporation with electricity under a net metering agreement;
(m) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by some or all of the large industrial enterprises located in the Province, including, without limitation,
(i) respecting the eligibility requirements for the program,
(ii) specifying the types of electricity generated from renewable resources that are eligible under the program,
(iii) setting the purchase price for electricity obtained in accordance with the program,
(iv) authorizing the Minister to determine the methodology and any relevant factors for consideration in the calculation of the Canadian average price for the purposes of the program, and
(v) respecting the method by which the target reduction percent is to be calculated for the purposes of the program and how the target reduction percent is to be achieved;
(n) respecting reports to be made to the Minister for the purposes of section 136;
(o) respecting demand-side management and energy efficiency requirements for the purposes of section 137;
(p) prescribing modifications for the purposes of subsection 147(1);
(q) exempting any person or class of persons from any provision of this Act or the regulations, subject to any conditions or restrictions prescribed by the regulations;
(r) designating bodies as standards bodies for the purposes of the definition “standards body” in section 1;
(s) defining “distributed generation”, “net metering” and “qualifying costs” and any other word or expression used in this Act but not defined in this Act, for the purposes of this Act, the regulations or both;
(t) respecting any other thing required or authorized by this Act to be done by regulation;
(u) providing for any transitional matters that the Lieutenant-Governor in Council considers necessary or advisable in connection with the implementation of this Act;
(v) respecting any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent of this Act.
142(2)A regulation made under this section may be general or particular in its application.
142(3)A regulation made under this section may incorporate by reference, in whole or in part, any laws, regulatory instruments, codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with any law, regulatory instrument, code, standard, procedure or guideline so incorporated.
142(4)A regulation made under paragraph 1(c) may provide that it has retroactive application to the date of the commencement of this section.
142(5)In a regulation made under any of the subparagraphs in paragraph (1)(j), the Lieutenant-Governor in Council may
(a) delegate a matter to the Board, the Corporation or a compliance body referred to in subsection 122(3), and
(b) confer a discretion on the Board, the Corporation or a compliance body referred to in subsection 122(3).
142(5.1)In a regulation made under paragraph (1)(i.1) or (i.2), the Lieutenant-Governor in Council may
(a) delegate a matter to the Board, and
(b) confer a discretion on the Board.
142(6)A regulation made under paragraph (1)(l) or (m) may provide that it has retroactive application to a date not earlier than January 1, 2012.
142(7)In a regulation made under paragraph (1)(s) defining the term “bulk power system”, the Lieutenant-Governor in Council
(a) may authorize the Board to modify, by order, the meaning of the defined term by including or excluding system elements, and
(b) may provide that, in making an order referred to in paragraph (a), the Board shall consider prescribed criteria as well as any other factors the Board considers relevant.
142(8)A regulation made under paragraph (1)(u)
(a) may provide that it has retroactive application to a date not earlier than the date of the commencement of this section, and
(b) may provide that it applies despite this or any other Act.
2015, c.32, s.1; 2021, c.42, s.40; 2022, c.20, s.3
Regulations
142(1)The Lieutenant-Governor in Council may make regulations
(a) Repealed: 2021, c.42, s.40
(b) respecting the nomination process provided for in subsection 2.12(7), 2.42(7), 15(7) or 23(7), including, without limitation, recruitment, assessment and selection processes, the qualifications and skill requirements for nominees and the process for further nominations in the event of the rejection of nominees;
(b.01) for the purposes of subsection 2.42(11), respecting circumstances in which the Lieutenant-Governor in Council may remove the President and Chief Executive Officer of the Holding Corporation from office;
(b.1) for the purposes of subsection 23(11), respecting circumstances in which the Lieutenant-Governor in Council may remove the President and Chief Executive Officer of the Corporation from office;
(c) prescribing Acts or provisions of Acts that do not apply to the transfer to the Corporation and vesting in the Corporation of property, claims, rights, liabilities, obligations and privileges under subsection 53(1) or to the transfer of employees under subsection 57(1), subject to any conditions or restrictions prescribed by the regulations;
(d) respecting the calculation of the fees referred to in subsection 46(1);
(e) respecting the manner in which and the time at which the fees referred to in subsection 46(1) are to be paid;
(e.1) prescribing Acts or provisions of Acts that do not apply to a transfer effected under a transfer order under section 50.1, subject to any conditions or restrictions prescribed by the regulations;
(f) establishing policies to be observed by the Board in the exercise of any jurisdiction or authority conferred on it under this Act or the regulations;
(f.1) for the purposes of subsection 103(10), prescribing a capital structure of the Corporation to be used by the Board for the purposes of determining the Corporation’s revenue requirements and approving or fixing just and reasonable rates;
(f.2) for the purposes of subsection 103(10), prescribing a return on equity or a range of return on equity for the purposes of determining the Corporation’s revenue requirements and approving or fixing just and reasonable rates;
(f.3) for the purposes of subsection 103(10), prescribing a method of calculating the return on equity of the Corporation for the purposes of determining the Corporation’s revenue requirements and approving or fixing just and reasonable rates;
(g) Repealed: 2021, c.42, s.40
(h) prescribing a range of return on equity for the purposes of subsection 113(10);
(i) prescribing a capital structure for the purposes of subsection 113(11);
(i.1) for the purposes of section 117.3, respecting the Energy Efficiency and Demand Response Deferral Account, including, without limitation,
(i) the operating parameters for the account, including
(A) qualifying costs to be recorded in the account,
(B) applicable accounting methods,
(C) the method of calculating qualifying costs and the deductions to be made in calculating the costs, and
(D) rules for the application of financing costs to the account balance,
(ii) the recovery of the balance of the account, including
(A) any applicable amortization period, and
(B) the method of recovery from the rates charged by the Corporation, and
(iii) auditing and oversight requirements;
(i.2) for the purposes of section 117.4, respecting each of the regulatory variance accounts, including, without limitation,
(i) their operating parameters, including
(A) applicable accounting methods,
(B) the method of calculating the variances, including the inclusion or exclusion of any particular cost or revenue, and incentive thresholds or performance incentives that are considered in the calculation of the variances, and
(C) rules for the application of financing costs to the account balances,
(ii) auditing and oversight requirements, including the review of audits by the Board and the approval or revision of the variances by the Board,
(iii) the recovery of the balance of each account from customers and the reimbursement of the balance to customers, including
(A) the time period for recovery or reimbursement and the calculation methods that apply,
(B) the establishment of rate riders, and
(C) the establishment of a minimum and maximum recovery threshold and a minimum and maximum reimbursement threshold,
(iv) the allocation of the balance of each account among the various rate classes, and
(v) filing and reporting requirements;
(j) respecting reliability standards, including, without limitation,
(i) respecting the filing of reliability standards and other materials and information with the Board, including, but not limited to, requiring the Corporation to file materials or information within specified times,
(ii) respecting the approval of reliability standards and the applicability, publication, modification and retirement of approved reliability standards,
(iii) designating bodies as compliance bodies for the purposes of the definition “compliance body” in section 1,
(iv) for the purposes of subsection 119(3), respecting circumstances in which the Board is required to approve a reliability standard or approve modifications to or retire an approved reliability standard,
(v) respecting transfers and agreements referred to in subsection 120(3),
(vi) prescribing functions for the purposes of subsections 120(1), 121(1) and 150(1),
(vii) respecting the registration of owners, operators and users of the bulk power system, including registration in respect of functions prescribed under subparagraph (vi),
(viii) authorizing the Corporation or a compliance body to make recommendations as to which persons are required to be registered under subsection 121(1) and in relation to other matters pertaining to registration,
(ix) respecting notifications by the Board under subsection 121(2),
(x) prescribing any power, duty, function, responsibility or authority of the Board for the purposes of paragraph 122(2)(c),
(xi) respecting compliance with and enforcement of approved reliability standards,
(xii) respecting the preparation of plans to correct actual or potential violations of an approved reliability standard and to prevent their recurrence and the submission of those plans to the Board for its approval, including, but not limited to, the preparation and submission of plans referred to in subparagraph 122(4)(a)(i),
(xiii) authorizing and governing the making of orders or decisions by the Board, including, but not limited to, an order or decision
(A) respecting the approval of a reliability standard, with or without modifications,
(B) respecting the approval of modifications to an approved reliability standard,
(C) respecting the refusal to approve a reliability standard or modifications to an approved reliability standard,
(D) respecting the remanding of a reliability standard or modifications to an approved reliability standard for further consideration,
(E) respecting the retirement of an approved reliability standard,
(F) in respect of an appeal referred to in subsection 121(3),
(G) that an actual or potential violation of an approved reliability standard has or has not occurred,
(H) respecting actual or potential violations of an approved reliability standard,
(I) requiring immediate action to remedy a potential violation of an approved reliability standard, or
(J) respecting the approval of plans referred to in subparagraph (xii),
(xiv) respecting proceedings of the Board, including appeals referred to in subsection 121(3),
(xv) respecting the carrying out of plans referred to in subparagraph (xii) that have been approved by the Board,
(xvi) respecting financial penalties referred to in paragraph 122(4)(b), including, but not limited to, maximum penalties and methods used to determine penalties,
(xvii) prescribing acts or things for the purposes of paragraph 122(4)(f),
(xviii) respecting a compliance monitoring and enforcement program administered by the Board to monitor and assess compliance with and enforce approved reliability standards, including, but not limited to,
(A) authorizing the Board to develop, prepare and carry out annual implementation plans and other plans containing
(I) reporting requirements,
(II) requirements to submit to audits, spot checks, investigations and other compliance measures taken by the Board, and
(III) other requirements for monitoring and assessing compliance with the reliability standards,
(B) respecting settlement processes, and
(C) authorizing the Board to take enforcement actions,
(xix) requiring owners, operators or users of the bulk power system to comply with annual implementation plans and other plans referred to in subparagraph (xviii),
(xx) respecting the keeping of records by the Board and the confidentiality of information generated or received by the Board,
(xxi) requiring and governing the provision of information by the Board to the Corporation, including, but not limited to, information respecting potential violations of approved reliability standards by persons other than the Corporation and information respecting orders made in respect of the potential violations, and
(xxii) conferring additional powers or duties on the Board or the Corporation;
(k) authorizing the Board to shorten or lengthen any time limit set out in a regulation made under paragraph (j) other than a time limit set out in a regulation made under subparagraph (i) of that paragraph;
(l) respecting requirements for the Corporation to obtain electricity from renewable resources, including, without limitation,
(i) prescribing the criteria to be met for a resource to be considered a renewable resource, including, but not limited to, criteria relating to fuel source, ownership and location,
(ii) setting the amount, or methods of determining the amounts, of electricity to be obtained from renewable resources or types of renewable resources,
(iii) setting the purchase price, or method of setting the purchase price, for electricity obtained from renewable resources or types of renewable resources,
(iv) prescribing requirements and procurement rules in relation to obtaining electricity from renewable resources or types of renewable resources, including, but not limited to,
(A) rules regarding distributed generation and technical requirements for connection to the distribution system of a distribution electric utility,
(B) rules regarding net metering, and
(C) requirements to be met by providers of electricity, and
(v) authorizing a distribution electricity utility to establish requirements or policies for the connection of distributed generation or net metering facilities to the distribution electric utility’s distribution system;
(l.1) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by small-scale generation facilities, including, but without limitation,
(i) respecting a procurement set-aside for Aboriginal businesses, including,
(A) specifying the total amount of new capacity the Corporation shall endeavour to obtain from Aboriginal businesses,
(B) specifying the maximum amount of new capacity the Corporation may obtain from a small-scale generation facility owned by one or more Aboriginal businesses and the maximum amount the Corporation may obtain from two or more small-scale generation facilities owned by two or more Aboriginal businesses and located on the same site,
(C) respecting a notice of a call for expressions of interest,
(D) respecting procurement processes for obtaining electricity from Aboriginal businesses,
(E) authorizing an Aboriginal business to enter into a partnership to develop, operate and maintain a small-scale generation facility with any individual who is not a resident of the Province or with any corporation or organization that is owned by an individual who is not a resident of the Province and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(F) authorizing the Corporation to enter into a partnership with one or more Aboriginal businesses to develop, operate and maintain a small-scale generation facility and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(G) authorizing the Corporation to enter into a partnership with one or more Aboriginal businesses to refurbish, operate and maintain a generation facility owned by the Corporation and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(ii) respecting a procurement set-aside for local entities, including,
(A) specifying the total amount of new capacity the Corporation shall endeavour to obtain from local entities,
(B) specifying the maximum amount of new capacity the Corporation may obtain from a small-scale generation facility owned by one or more local entities and the maximum amount the Corporation may obtain from two or more small-scale generation facilities owned by two or more local entities and located on the same site,
(C) respecting a notice of a call for expressions of interest,
(D) respecting procurement processes for obtaining electricity from local entities,
(E) authorizing a local entity to enter into a partnership to develop, operate and maintain a small-scale generation facility with any individual who is not a resident of the Province or with any corporation or organization that is owned by an individual who is not a resident of the Province and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(F) authorizing the Corporation to enter into a partnership with one or more local entities to develop, operate and maintain a small-scale generation facility and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(G) authorizing the Corporation to enter into a partnership with one or more local entities to refurbish, operate and maintain a generation facility owned by the Corporation and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain, and
(iii) respecting procurement rules in relation to obtaining electricity through distributed generation, including,
(A) deeming any electricity obtained by the Corporation in accordance with an embedded generation agreement or a net metering agreement that is in effect on the date the program begins as electricity obtained under the program,
(B) respecting the criteria an embedded generation facility must meet in order to provide the Corporation with electricity under an embedded generation agreement, and
(C) respecting the criteria for providing the Corporation with electricity under a net metering agreement;
(m) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by some or all of the large industrial enterprises located in the Province, including, without limitation,
(i) respecting the eligibility requirements for the program,
(ii) specifying the types of electricity generated from renewable resources that are eligible under the program,
(iii) setting the purchase price for electricity obtained in accordance with the program,
(iv) authorizing the Minister to determine the methodology and any relevant factors for consideration in the calculation of the Canadian average price for the purposes of the program, and
(v) respecting the method by which the target reduction percent is to be calculated for the purposes of the program and how the target reduction percent is to be achieved;
(n) respecting reports to be made to the Minister for the purposes of section 136;
(o) respecting demand-side management and energy efficiency requirements for the purposes of section 137;
(p) prescribing modifications for the purposes of subsection 147(1);
(q) exempting any person or class of persons from any provision of this Act or the regulations, subject to any conditions or restrictions prescribed by the regulations;
(r) designating bodies as standards bodies for the purposes of the definition “standards body” in section 1;
(s) defining “distributed generation”, “net metering” and “qualifying costs” and any other word or expression used in this Act but not defined in this Act, for the purposes of this Act, the regulations or both;
(t) respecting any other thing required or authorized by this Act to be done by regulation;
(u) providing for any transitional matters that the Lieutenant-Governor in Council considers necessary or advisable in connection with the implementation of this Act;
(v) respecting any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent of this Act.
142(2)A regulation made under this section may be general or particular in its application.
142(3)A regulation made under this section may incorporate by reference, in whole or in part, any laws, regulatory instruments, codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with any law, regulatory instrument, code, standard, procedure or guideline so incorporated.
142(4)A regulation made under paragraph 1(c) may provide that it has retroactive application to the date of the commencement of this section.
142(5)In a regulation made under any of the subparagraphs in paragraph (1)(j), the Lieutenant-Governor in Council may
(a) delegate a matter to the Board, the Corporation or a compliance body referred to in subsection 122(3), and
(b) confer a discretion on the Board, the Corporation or a compliance body referred to in subsection 122(3).
142(5.1)In a regulation made under paragraph (1)(i.1) or (i.2), the Lieutenant-Governor in Council may
(a) delegate a matter to the Board, and
(b) confer a discretion on the Board.
142(6)A regulation made under paragraph (1)(l) or (m) may provide that it has retroactive application to a date not earlier than January 1, 2012.
142(7)In a regulation made under paragraph (1)(s) defining the term “bulk power system”, the Lieutenant-Governor in Council
(a) may authorize the Board to modify, by order, the meaning of the defined term by including or excluding system elements, and
(b) may provide that, in making an order referred to in paragraph (a), the Board shall consider prescribed criteria as well as any other factors the Board considers relevant.
142(8)A regulation made under paragraph (1)(u)
(a) may provide that it has retroactive application to a date not earlier than the date of the commencement of this section, and
(b) may provide that it applies despite this or any other Act.
2015, c.32, s.1; 2021, c.42, s.40
Regulations
142(1)The Lieutenant-Governor in Council may make regulations
(a) prescribing Acts or provisions of Acts that do not apply to the amalgamation under subsection 3(1) or to the continuation of the employment of employees under subsection 7(1), subject to any conditions or restrictions prescribed by the regulations;
(b) respecting the nomination process provided for in subsection 15(7) or 23(7), including, without limitation, recruitment, assessment and selection processes, the qualifications and skill requirements for nominees and the process for further nominations in the event of the rejection of nominees;
(b.1) for the purposes of subsection 23(11), respecting circumstances in which the Lieutenant-Governor in Council may remove the President and Chief Executive Officer from office;
(c) prescribing Acts or provisions of Acts that do not apply to the transfer to the Corporation and vesting in the Corporation of property, claims, rights, liabilities, obligations and privileges under subsection 53(1) or to the transfer of employees under subsection 57(1), subject to any conditions or restrictions prescribed by the regulations;
(d) respecting the calculation of the fees referred to in subsection 46(1);
(e) respecting the manner in which and the time at which the fees referred to in subsection 46(1) are to be paid;
(f) establishing policies to be observed by the Board in the exercise of any jurisdiction or authority conferred on it under this Act or the regulations;
(g) prescribing a date for the purposes of subsection 74(6);
(h) prescribing a range of return on equity for the purposes of subsection 113(10);
(i) prescribing a capital structure for the purposes of subsection 113(11);
(j) respecting reliability standards, including, without limitation,
(i) respecting the filing of reliability standards and other materials and information with the Board, including, but not limited to, requiring the Corporation to file materials or information within specified times,
(ii) respecting the approval of reliability standards and the applicability, publication, modification and retirement of approved reliability standards,
(iii) designating bodies as compliance bodies for the purposes of the definition “compliance body” in section 1,
(iv) for the purposes of subsection 119(3), respecting circumstances in which the Board is required to approve a reliability standard or approve modifications to or retire an approved reliability standard,
(v) respecting transfers and agreements referred to in subsection 120(3),
(vi) prescribing functions for the purposes of subsections 120(1), 121(1) and 150(1),
(vii) respecting the registration of owners, operators and users of the bulk power system, including registration in respect of functions prescribed under subparagraph (vi),
(viii) authorizing the Corporation or a compliance body to make recommendations as to which persons are required to be registered under subsection 121(1) and in relation to other matters pertaining to registration,
(ix) respecting notifications by the Board under subsection 121(2),
(x) prescribing any power, duty, function, responsibility or authority of the Board for the purposes of paragraph 122(2)(c),
(xi) respecting compliance with and enforcement of approved reliability standards,
(xii) respecting the preparation of plans to correct actual or potential violations of an approved reliability standard and to prevent their recurrence and the submission of those plans to the Board for its approval, including, but not limited to, the preparation and submission of plans referred to in subparagraph 122(4)(a)(i),
(xiii) authorizing and governing the making of orders or decisions by the Board, including, but not limited to, an order or decision
(A) respecting the approval of a reliability standard, with or without modifications,
(B) respecting the approval of modifications to an approved reliability standard,
(C) respecting the refusal to approve a reliability standard or modifications to an approved reliability standard,
(D) respecting the remanding of a reliability standard or modifications to an approved reliability standard for further consideration,
(E) respecting the retirement of an approved reliability standard,
(F) in respect of an appeal referred to in subsection 121(3),
(G) that an actual or potential violation of an approved reliability standard has or has not occurred,
(H) respecting actual or potential violations of an approved reliability standard,
(I) requiring immediate action to remedy a potential violation of an approved reliability standard, or
(J) respecting the approval of plans referred to in subparagraph (xii),
(xiv) respecting proceedings of the Board, including appeals referred to in subsection 121(3),
(xv) respecting the carrying out of plans referred to in subparagraph (xii) that have been approved by the Board,
(xvi) respecting financial penalties referred to in paragraph 122(4)(b), including, but not limited to, maximum penalties and methods used to determine penalties,
(xvii) prescribing acts or things for the purposes of paragraph 122(4)(f),
(xviii) respecting a compliance monitoring and enforcement program administered by the Board to monitor and assess compliance with and enforce approved reliability standards, including, but not limited to,
(A) authorizing the Board to develop, prepare and carry out annual implementation plans and other plans containing
(I) reporting requirements,
(II) requirements to submit to audits, spot checks, investigations and other compliance measures taken by the Board, and
(III) other requirements for monitoring and assessing compliance with the reliability standards,
(B) respecting settlement processes, and
(C) authorizing the Board to take enforcement actions,
(xix) requiring owners, operators or users of the bulk power system to comply with annual implementation plans and other plans referred to in subparagraph (xviii),
(xx) respecting the keeping of records by the Board and the confidentiality of information generated or received by the Board,
(xxi) requiring and governing the provision of information by the Board to the Corporation, including, but not limited to, information respecting potential violations of approved reliability standards by persons other than the Corporation and information respecting orders made in respect of the potential violations, and
(xxii) conferring additional powers or duties on the Board or the Corporation;
(k) authorizing the Board to shorten or lengthen any time limit set out in a regulation made under paragraph (j) other than a time limit set out in a regulation made under subparagraph (i) of that paragraph;
(l) respecting requirements for the Corporation to obtain electricity from renewable resources, including, without limitation,
(i) prescribing the criteria to be met for a resource to be considered a renewable resource, including, but not limited to, criteria relating to fuel source, ownership and location,
(ii) setting the amount, or methods of determining the amounts, of electricity to be obtained from renewable resources or types of renewable resources,
(iii) setting the purchase price, or method of setting the purchase price, for electricity obtained from renewable resources or types of renewable resources,
(iv) prescribing requirements and procurement rules in relation to obtaining electricity from renewable resources or types of renewable resources, including, but not limited to,
(A) rules regarding distributed generation and technical requirements for connection to the distribution system of a distribution electric utility,
(B) rules regarding net metering, and
(C) requirements to be met by providers of electricity, and
(v) authorizing a distribution electricity utility to establish requirements or policies for the connection of distributed generation or net metering facilities to the distribution electric utility’s distribution system;
(l.1) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by small-scale generation facilities, including, but without limitation,
(i) respecting a procurement set-aside for Aboriginal businesses, including,
(A) specifying the total amount of new capacity the Corporation shall endeavour to obtain from Aboriginal businesses,
(B) specifying the maximum amount of new capacity the Corporation may obtain from a small-scale generation facility owned by one or more Aboriginal businesses and the maximum amount the Corporation may obtain from two or more small-scale generation facilities owned by two or more Aboriginal businesses and located on the same site,
(C) respecting a notice of a call for expressions of interest,
(D) respecting procurement processes for obtaining electricity from Aboriginal businesses,
(E) authorizing an Aboriginal business to enter into a partnership to develop, operate and maintain a small-scale generation facility with any individual who is not a resident of the Province or with any corporation or organization that is owned by an individual who is not a resident of the Province and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(F) authorizing the Corporation to enter into a partnership with one or more Aboriginal businesses to develop, operate and maintain a small-scale generation facility and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(G) authorizing the Corporation to enter into a partnership with one or more Aboriginal businesses to refurbish, operate and maintain a generation facility owned by the Corporation and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(ii) respecting a procurement set-aside for local entities, including,
(A) specifying the total amount of new capacity the Corporation shall endeavour to obtain from local entities,
(B) specifying the maximum amount of new capacity the Corporation may obtain from a small-scale generation facility owned by one or more local entities and the maximum amount the Corporation may obtain from two or more small-scale generation facilities owned by two or more local entities and located on the same site,
(C) respecting a notice of a call for expressions of interest,
(D) respecting procurement processes for obtaining electricity from local entities,
(E) authorizing a local entity to enter into a partnership to develop, operate and maintain a small-scale generation facility with any individual who is not a resident of the Province or with any corporation or organization that is owned by an individual who is not a resident of the Province and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(F) authorizing the Corporation to enter into a partnership with one or more local entities to develop, operate and maintain a small-scale generation facility and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain,
(G) authorizing the Corporation to enter into a partnership with one or more local entities to refurbish, operate and maintain a generation facility owned by the Corporation and respecting the portion that will count towards the total amount of new capacity the Corporation shall endeavour to obtain, and
(iii) respecting procurement rules in relation to obtaining electricity through distributed generation, including,
(A) deeming any electricity obtained by the Corporation in accordance with an embedded generation agreement or a net metering agreement that is in effect on the date the program begins as electricity obtained under the program,
(B) respecting the criteria an embedded generation facility must meet in order to provide the Corporation with electricity under an embedded generation agreement, and
(C) respecting the criteria for providing the Corporation with electricity under a net metering agreement;
(m) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by some or all of the large industrial enterprises located in the Province, including, without limitation,
(i) respecting the eligibility requirements for the program,
(ii) specifying the types of electricity generated from renewable resources that are eligible under the program,
(iii) setting the purchase price for electricity obtained in accordance with the program,
(iv) authorizing the Minister to determine the methodology and any relevant factors for consideration in the calculation of the Canadian average price for the purposes of the program, and
(v) respecting the method by which the target reduction percent is to be calculated for the purposes of the program and how the target reduction percent is to be achieved;
(n) respecting reports to be made to the Minister for the purposes of section 136;
(o) respecting demand-side management and energy efficiency requirements for the purposes of section 137;
(p) prescribing modifications for the purposes of subsection 147(1);
(q) exempting any person or class of persons from any provision of this Act or the regulations, subject to any conditions or restrictions prescribed by the regulations;
(r) designating bodies as standards bodies for the purposes of the definition “standards body” in section 1;
(s) defining “bulk power system”, “distributed generation” and “net metering” and any other word or expression used in this Act but not defined in this Act, for the purposes of this Act, the regulations or both;
(t) respecting any other thing required or authorized by this Act to be done by regulation;
(u) providing for any transitional matters that the Lieutenant-Governor in Council considers necessary or advisable in connection with the implementation of this Act;
(v) respecting any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent of this Act.
142(2)A regulation made under this section may be general or particular in its application.
142(3)A regulation made under this section may incorporate by reference, in whole or in part, any laws, regulatory instruments, codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with any law, regulatory instrument, code, standard, procedure or guideline so incorporated.
142(4)A regulation made under (1)(a) or (c) may provide that it has retroactive application to the date of the commencement of this section.
142(5)In a regulation made under any of the subparagraphs in paragraph (1)(j), the Lieutenant-Governor in Council may
(a) delegate a matter to the Board, the Corporation or a compliance body referred to in subsection 122(3), and
(b) confer a discretion on the Board, the Corporation or a compliance body referred to in subsection 122(3).
142(6)A regulation made under paragraph (1)(l) or (m) may provide that it has retroactive application to a date not earlier than January 1, 2012.
142(7)In a regulation made under paragraph (1)(s) defining the term “bulk power system”, the Lieutenant-Governor in Council
(a) may authorize the Board to modify, by order, the meaning of the defined term by including or excluding system elements, and
(b) may provide that, in making an order referred to in paragraph (a), the Board shall consider prescribed criteria as well as any other factors the Board considers relevant.
142(8)A regulation made under paragraph (1)(u)
(a) may provide that it has retroactive application to a date not earlier than the date of the commencement of this section, and
(b) may provide that it applies despite this or any other Act.
2015, c.32, s.1
Regulations
142(1)The Lieutenant-Governor in Council may make regulations
(a) prescribing Acts or provisions of Acts that do not apply to the amalgamation under subsection 3(1) or to the continuation of the employment of employees under subsection 7(1), subject to any conditions or restrictions prescribed by the regulations;
(b) respecting the nomination process provided for in subsection 15(7) or 23(7), including, without limitation, recruitment, assessment and selection processes, the qualifications and skill requirements for nominees and the process for further nominations in the event of the rejection of nominees;
(b.1) for the purposes of subsection 23(11), respecting circumstances in which the Lieutenant-Governor in Council may remove the President and Chief Executive Officer from office;
(c) prescribing Acts or provisions of Acts that do not apply to the transfer to the Corporation and vesting in the Corporation of property, claims, rights, liabilities, obligations and privileges under subsection 53(1) or to the transfer of employees under subsection 57(1), subject to any conditions or restrictions prescribed by the regulations;
(d) respecting the calculation of the fees referred to in subsection 46(1);
(e) respecting the manner in which and the time at which the fees referred to in subsection 46(1) are to be paid;
(f) establishing policies to be observed by the Board in the exercise of any jurisdiction or authority conferred on it under this Act or the regulations;
(g) prescribing a date for the purposes of subsection 74(6);
(h) prescribing a range of return on equity for the purposes of subsection 113(10);
(i) prescribing a capital structure for the purposes of subsection 113(11);
(j) respecting reliability standards, including, without limitation,
(i) respecting the filing of reliability standards and other materials and information with the Board, including, but not limited to, requiring the Corporation to file materials or information within specified times,
(ii) respecting the approval of reliability standards and the applicability, publication, modification and retirement of approved reliability standards,
(iii) designating bodies as compliance bodies for the purposes of the definition “compliance body” in section 1,
(iv) for the purposes of subsection 119(3), respecting circumstances in which the Board is required to approve a reliability standard or approve modifications to or retire an approved reliability standard,
(v) respecting transfers and agreements referred to in subsection 120(3),
(vi) prescribing functions for the purposes of subsections 120(1), 121(1) and 150(1),
(vii) respecting the registration of owners, operators and users of the bulk power system, including registration in respect of functions prescribed under subparagraph (vi),
(viii) authorizing the Corporation or a compliance body to make recommendations as to which persons are required to be registered under subsection 121(1) and in relation to other matters pertaining to registration,
(ix) respecting notifications by the Board under subsection 121(2),
(x) prescribing any power, duty, function, responsibility or authority of the Board for the purposes of paragraph 122(2)(c),
(xi) respecting compliance with and enforcement of approved reliability standards,
(xii) respecting the preparation of plans to correct actual or potential violations of an approved reliability standard and to prevent their recurrence and the submission of those plans to the Board for its approval, including, but not limited to, the preparation and submission of plans referred to in subparagraph 122(4)(a)(i),
(xiii) authorizing and governing the making of orders or decisions by the Board, including, but not limited to, an order or decision
(A) respecting the approval of a reliability standard, with or without modifications,
(B) respecting the approval of modifications to an approved reliability standard,
(C) respecting the refusal to approve a reliability standard or modifications to an approved reliability standard,
(D) respecting the remanding of a reliability standard or modifications to an approved reliability standard for further consideration,
(E) respecting the retirement of an approved reliability standard,
(F) in respect of an appeal referred to in subsection 121(3),
(G) that an actual or potential violation of an approved reliability standard has or has not occurred,
(H) respecting actual or potential violations of an approved reliability standard,
(I) requiring immediate action to remedy a potential violation of an approved reliability standard, or
(J) respecting the approval of plans referred to in subparagraph (xii),
(xiv) respecting proceedings of the Board, including appeals referred to in subsection 121(3),
(xv) respecting the carrying out of plans referred to in subparagraph (xii) that have been approved by the Board,
(xvi) respecting financial penalties referred to in paragraph 122(4)(b), including, but not limited to, maximum penalties and methods used to determine penalties,
(xvii) prescribing acts or things for the purposes of paragraph 122(4)(f),
(xviii) respecting a compliance monitoring and enforcement program administered by the Board to monitor and assess compliance with and enforce approved reliability standards, including, but not limited to,
(A) authorizing the Board to develop, prepare and carry out annual implementation plans and other plans containing
(I) reporting requirements,
(II) requirements to submit to audits, spot checks, investigations and other compliance measures taken by the Board, and
(III) other requirements for monitoring and assessing compliance with the reliability standards,
(B) respecting settlement processes, and
(C) authorizing the Board to take enforcement actions,
(xix) requiring owners, operators or users of the bulk power system to comply with annual implementation plans and other plans referred to in subparagraph (xviii),
(xx) respecting the keeping of records by the Board and the confidentiality of information generated or received by the Board,
(xxi) requiring and governing the provision of information by the Board to the Corporation, including, but not limited to, information respecting potential violations of approved reliability standards by persons other than the Corporation and information respecting orders made in respect of the potential violations, and
(xxii) conferring additional powers or duties on the Board or the Corporation;
(k) authorizing the Board to shorten or lengthen any time limit set out in a regulation made under paragraph (j) other than a time limit set out in a regulation made under subparagraph (i) of that paragraph;
(l) respecting requirements for the Corporation to obtain electricity from renewable resources, including, without limitation,
(i) prescribing the criteria to be met for a resource to be considered a renewable resource, including, but not limited to, criteria relating to fuel source, ownership and location,
(ii) setting the amount, or methods of determining the amounts, of electricity to be obtained from renewable resources or types of renewable resources,
(iii) setting the purchase price, or method of setting the purchase price, for electricity obtained from renewable resources or types of renewable resources,
(iv) prescribing requirements and procurement rules in relation to obtaining electricity from renewable resources or types of renewable resources, including, but not limited to,
(A) rules regarding distributed generation and technical requirements for connection to the distribution system of a distribution electric utility,
(B) rules regarding net metering, and
(C) requirements to be met by providers of electricity, and
(v) authorizing a distribution electricity utility to establish requirements or policies for the connection of distributed generation or net metering facilities to the distribution electric utility’s distribution system;
(m) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by some or all of the large industrial enterprises located in the Province, including, without limitation,
(i) respecting the eligibility requirements for the program,
(ii) specifying the types of electricity generated from renewable resources that are eligible under the program,
(iii) setting the purchase price for electricity obtained in accordance with the program,
(iv) authorizing the Minister to determine the methodology and any relevant factors for consideration in the calculation of the Canadian average price for the purposes of the program, and
(v) respecting the method by which the target reduction percent is to be calculated for the purposes of the program and how the target reduction percent is to be achieved;
(n) respecting reports to be made to the Minister for the purposes of section 136;
(o) respecting demand-side management and energy efficiency requirements for the purposes of section 137;
(p) prescribing modifications for the purposes of subsection 147(1);
(q) exempting any person or class of persons from any provision of this Act or the regulations, subject to any conditions or restrictions prescribed by the regulations;
(r) designating bodies as standards bodies for the purposes of the definition “standards body” in section 1;
(s) defining “bulk power system”, “distributed generation” and “net metering” and any other word or expression used in this Act but not defined in this Act, for the purposes of this Act, the regulations or both;
(t) respecting any other thing required or authorized by this Act to be done by regulation;
(u) providing for any transitional matters that the Lieutenant-Governor in Council considers necessary or advisable in connection with the implementation of this Act;
(v) respecting any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent of this Act.
142(2)A regulation made under this section may be general or particular in its application.
142(3)A regulation made under this section may incorporate by reference, in whole or in part, any laws, regulatory instruments, codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with any law, regulatory instrument, code, standard, procedure or guideline so incorporated.
142(4)A regulation made under (1)(a) or (c) may provide that it has retroactive application to the date of the commencement of this section.
142(5)In a regulation made under any of the subparagraphs in paragraph (1)(j), the Lieutenant-Governor in Council may
(a) delegate a matter to the Board, the Corporation or a compliance body referred to in subsection 122(3), and
(b) confer a discretion on the Board, the Corporation or a compliance body referred to in subsection 122(3).
142(6)A regulation made under paragraph (1)(l) or (m) may provide that it has retroactive application to a date not earlier than January 1, 2012.
142(7)In a regulation made under paragraph (1)(s) defining the term “bulk power system”, the Lieutenant-Governor in Council
(a) may authorize the Board to modify, by order, the meaning of the defined term by including or excluding system elements, and
(b) may provide that, in making an order referred to in paragraph (a), the Board shall consider prescribed criteria as well as any other factors the Board considers relevant.
142(8)A regulation made under paragraph (1)(u)
(a) may provide that it has retroactive application to a date not earlier than the date of the commencement of this section, and
(b) may provide that it applies despite this or any other Act.
Regulations
142(1)The Lieutenant-Governor in Council may make regulations
(a) prescribing Acts or provisions of Acts that do not apply to the amalgamation under subsection 3(1) or to the continuation of the employment of employees under subsection 7(1), subject to any conditions or restrictions prescribed by the regulations;
(b) respecting the nomination process provided for in subsection 15(7) or 23(7), including, without limitation, recruitment, assessment and selection processes, the qualifications and skill requirements for nominees and the process for further nominations in the event of the rejection of nominees;
(b.1) for the purposes of subsection 23(11), respecting circumstances in which the Lieutenant-Governor in Council may remove the President and Chief Executive Officer from office;
(c) prescribing Acts or provisions of Acts that do not apply to the transfer to the Corporation and vesting in the Corporation of property, claims, rights, liabilities, obligations and privileges under subsection 53(1) or to the transfer of employees under subsection 57(1), subject to any conditions or restrictions prescribed by the regulations;
(d) respecting the calculation of the fees referred to in subsection 46(1);
(e) respecting the manner in which and the time at which the fees referred to in subsection 46(1) are to be paid;
(f) establishing policies to be observed by the Board in the exercise of any jurisdiction or authority conferred on it under this Act or the regulations;
(g) prescribing a date for the purposes of subsection 74(6);
(h) prescribing a range of return on equity for the purposes of subsection 113(10);
(i) prescribing a capital structure for the purposes of subsection 113(11);
(j) respecting reliability standards, including, without limitation,
(i) respecting the filing of reliability standards and other materials and information with the Board, including, but not limited to, requiring the Corporation to file materials or information within specified times,
(ii) respecting the approval of reliability standards and the applicability, publication, modification and retirement of approved reliability standards,
(iii) designating bodies as compliance bodies for the purposes of the definition “compliance body” in section 1,
(iv) for the purposes of subsection 119(3), respecting circumstances in which the Board is required to approve a reliability standard or approve modifications to or retire an approved reliability standard,
(v) respecting transfers and agreements referred to in subsection 120(3),
(vi) prescribing functions for the purposes of subsections 120(1), 121(1) and 150(1),
(vii) respecting the registration of owners, operators and users of the bulk power system, including registration in respect of functions prescribed under subparagraph (vi),
(viii) authorizing the Corporation or a compliance body to make recommendations as to which persons are required to be registered under subsection 121(1) and in relation to other matters pertaining to registration,
(ix) respecting notifications by the Board under subsection 121(2),
(x) prescribing any power, duty, function, responsibility or authority of the Board for the purposes of paragraph 122(2)(c),
(xi) respecting compliance with and enforcement of approved reliability standards,
(xii) respecting the preparation of plans to correct actual or potential violations of an approved reliability standard and to prevent their recurrence and the submission of those plans to the Board for its approval, including, but not limited to, the preparation and submission of plans referred to in subparagraph 122(4)(a)(i),
(xiii) authorizing and governing the making of orders or decisions by the Board, including, but not limited to, an order or decision
(A) respecting the approval of a reliability standard, with or without modifications,
(B) respecting the approval of modifications to an approved reliability standard,
(C) respecting the refusal to approve a reliability standard or modifications to an approved reliability standard,
(D) respecting the remanding of a reliability standard or modifications to an approved reliability standard for further consideration,
(E) respecting the retirement of an approved reliability standard,
(F) in respect of an appeal referred to in subsection 121(3),
(G) that an actual or potential violation of an approved reliability standard has or has not occurred,
(H) respecting actual or potential violations of an approved reliability standard,
(I) requiring immediate action to remedy a potential violation of an approved reliability standard, or
(J) respecting the approval of plans referred to in subparagraph (xii),
(xiv) respecting proceedings of the Board, including appeals referred to in subsection 121(3),
(xv) respecting the carrying out of plans referred to in subparagraph (xii) that have been approved by the Board,
(xvi) respecting financial penalties referred to in paragraph 122(4)(b), including, but not limited to, maximum penalties and methods used to determine penalties,
(xvii) prescribing acts or things for the purposes of paragraph 122(4)(f),
(xviii) respecting a compliance monitoring and enforcement program administered by the Board to monitor and assess compliance with and enforce approved reliability standards, including, but not limited to,
(A) authorizing the Board to develop, prepare and carry out annual implementation plans and other plans containing
(I) reporting requirements,
(II) requirements to submit to audits, spot checks, investigations and other compliance measures taken by the Board, and
(III) other requirements for monitoring and assessing compliance with the reliability standards,
(B) respecting settlement processes, and
(C) authorizing the Board to take enforcement actions,
(xix) requiring owners, operators or users of the bulk power system to comply with annual implementation plans and other plans referred to in subparagraph (xviii),
(xx) respecting the keeping of records by the Board and the confidentiality of information generated or received by the Board,
(xxi) requiring and governing the provision of information by the Board to the Corporation, including, but not limited to, information respecting potential violations of approved reliability standards by persons other than the Corporation and information respecting orders made in respect of the potential violations, and
(xxii) conferring additional powers or duties on the Board or the Corporation;
(k) authorizing the Board to shorten or lengthen any time limit set out in a regulation made under paragraph (j) other than a time limit set out in a regulation made under subparagraph (i) of that paragraph;
(l) respecting requirements for the Corporation to obtain electricity from renewable resources, including, without limitation,
(i) prescribing the criteria to be met for a resource to be considered a renewable resource, including, but not limited to, criteria relating to fuel source, ownership and location,
(ii) setting the amount, or methods of determining the amounts, of electricity to be obtained from renewable resources or types of renewable resources,
(iii) setting the purchase price, or method of setting the purchase price, for electricity obtained from renewable resources or types of renewable resources,
(iv) prescribing requirements and procurement rules in relation to obtaining electricity from renewable resources or types of renewable resources, including, but not limited to,
(A) rules regarding distributed generation and technical requirements for connection to the distribution system of a distribution electric utility,
(B) rules regarding net metering, and
(C) requirements to be met by providers of electricity, and
(v) authorizing a distribution electricity utility to establish requirements or policies for the connection of distributed generation or net metering facilities to the distribution electric utility’s distribution system;
(m) respecting a program requiring the Corporation to ensure that a portion of the electricity it obtains from renewable resources is generated by some or all of the large industrial enterprises located in the Province, including, without limitation,
(i) respecting the eligibility requirements for the program,
(ii) specifying the types of electricity generated from renewable resources that are eligible under the program,
(iii) setting the purchase price for electricity obtained in accordance with the program,
(iv) authorizing the Minister to determine the methodology and any relevant factors for consideration in the calculation of the Canadian average price for the purposes of the program, and
(v) respecting the method by which the target reduction percent is to be calculated for the purposes of the program and how the target reduction percent is to be achieved;
(n) respecting reports to be made to the Minister for the purposes of section 136;
(o) respecting demand-side management and energy efficiency requirements for the purposes of section 137;
(p) prescribing modifications for the purposes of subsection 147(1);
(q) exempting any person or class of persons from any provision of this Act or the regulations, subject to any conditions or restrictions prescribed by the regulations;
(r) designating bodies as standards bodies for the purposes of the definition “standards body” in section 1;
(s) defining “bulk power system”, “distributed generation” and “net metering” and any other word or expression used in this Act but not defined in this Act, for the purposes of this Act, the regulations or both;
(t) respecting any other thing required or authorized by this Act to be done by regulation;
(u) providing for any transitional matters that the Lieutenant-Governor in Council considers necessary or advisable in connection with the implementation of this Act;
(v) respecting any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent of this Act.
142(2)A regulation made under this section may be general or particular in its application.
142(3)A regulation made under this section may incorporate by reference, in whole or in part, any laws, regulatory instruments, codes, standards, procedures or guidelines as they are amended from time to time before or after the making of the regulation or as they read at a fixed time and may require compliance with any law, regulatory instrument, code, standard, procedure or guideline so incorporated.
142(4)A regulation made under (1)(a) or (c) may provide that it has retroactive application to the date of the commencement of this section.
142(5)In a regulation made under any of the subparagraphs in paragraph (1)(j), the Lieutenant-Governor in Council may
(a) delegate a matter to the Board, the Corporation or a compliance body referred to in subsection 122(3), and
(b) confer a discretion on the Board, the Corporation or a compliance body referred to in subsection 122(3).
142(6)A regulation made under paragraph (1)(l) or (m) may provide that it has retroactive application to a date not earlier than January 1, 2012.
142(7)In a regulation made under paragraph (1)(s) defining the term “bulk power system”, the Lieutenant-Governor in Council
(a) may authorize the Board to modify, by order, the meaning of the defined term by including or excluding system elements, and
(b) may provide that, in making an order referred to in paragraph (a), the Board shall consider prescribed criteria as well as any other factors the Board considers relevant.
142(8)A regulation made under paragraph (1)(u)
(a) may provide that it has retroactive application to a date not earlier than the date of the commencement of this section, and
(b) may provide that it applies despite this or any other Act.