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Smart Meter installation ruling by the Ontario Energy BoardThe following is an Ontario Energy Board compliance bulletin ruling on separating hydro electricity costs from rents with the total lack of any regulations under Ontario's Residential Tenancies Act. To see the original version issued by the OEB in Adobe PDF format, click on OEB Compliance Bulletin 200901 This OEB compliance bulletin makes it clear that it is a violation of law for any landlord to start sub-metering electricity in their buildings, (that is, to remove electricity costs where they are presently included in the rent,) until the Ontario government does its due diligence with the Residential Tenancies Act, 2006, Statutes of Ontario, (RTA,) by writing regulations to control these sorts of activities. something it is apparently continuing to ignore more than 2 years after the RTA was proclaimed into law by this government. If your landlord is attempting to install smart meters at this time, contact the Ontario Energy Board to file a complaint. Penalties for violations of the Ontario Energy Act according to Section 112.5(1) are up to $20,000 per day which hopefully will act as a deterrent to landlords or property owners who decide to violate the law by installing smart meters .
March 24, 2009 Compliance Bulletin 200901 To: All Licensed Smart Sub-Metering Providers Re: Installation of Sub-metering Systems in Residential Complexes This Bulletin provides guidance to licensed smart sub-metering providers, unlicensed electricity distributors, and licensed electricity distributors in relation to the installation of sub-metering systems in residential complexes as defined in the Residential Tenancies Act, 2006 ("residential complexes"). Any party that has undertaken, or is contemplating undertaking, these installation activities may be subject to enforcement action by the Ontario Energy Board (the "Board"). The Compliance Office has been made aware of consumer concerns regarding the installation of sub-metering systems in residential complexes. This Bulletin sets out the Compliance Office's views and expectations in relation to such activity. Section 53.18 of the Electricity Act, 1998 (the "Electricity Act") provides that no distributor shall conduct discretionary metering activities on and after November 3, 2005, unless the distributor is authorized "by this Act, a regulation, an order of the Board or a code issued by the Board or it is required to do so under the Electricity and Gas Inspection Act (Canada)." For the purposes of section 53.18 of the Electricity Act, "discretionary metering activity" means: the installation, removal, replacement or repair of meters, metering equipment, systems and technology and any associated equipment, systems and technologies which is not mandated by the Electricity and Gas Inspection Act (Canada), by regulation, by an order of the Board or by a code issued by the Board or authorized by a regulation made under this Act. A distributor is a person that owns or operates a system to convey electricity at voltages of 50kV or less. The Board therefore considers that a landlord or building owner is a distributor for purposes of section 53.18 of the Electricity Act regardless of whether or not the landlord requires a license to own or operate a distribution system. Current legislation authorizes certain discretionary metering activities in respect of condominiums by licensed distributors and smart sub-metering providers. If a discretionary metering activity is not currently authorized by the Electricity Act or a regulation, then no distributor can carry out the discretionary metering activity. The intent of this legislation has been to ensure the appropriate regulatory framework is in place ot protect the interests of consumers. The installation of sub-metering systems in residential complese, other than condominiums, is not currently authorized by the Electricity Act or regulation. Therefore, such activities are currently prohibited based un section 53.18 of the Electricity Act. The Compliance Office has received allegations that several licensees may be providing sub-metering services that are not in compliance with the Electricity Act, the Ontario Energy Board Act ("the Act") and the Board's regulatory instruments. Non-compliance with section 53.18 of the Electricity Act is a serious matter and it is expected that all non-compliant activities will cease immediately. The views expressed in this Compliance Bulletin are not binding on the Board. the Chief Compliance Officer may seek enforcement action by the Board under Park VII. 1 of the Ontario Energy Board Act, 1998 in relation to non-compliance. Please direct any question you may have on teh subject matter of this Compliance Bulletin to the Market Participant hotline at 416-440-7604 or by e-mail at market.operations@oeb.gov.on.ca. Brian Hewson |
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Ontario Energy Board