DEFINITIONS AND EXEMPTIONS

Definitions 1. (1) In the Act and the regulations, “agricultural waste” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act; (“déchets agricoles”) “anaerobic digestion” means the decomposition of organic matter by bacteria in an oxygen-limiting environment; (“digestion anaérobie”) “biodiesel” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act; (“biodiesel”) “biofuel” means a liquid fuel made solely from biomass and includes ethanol, methanol and biodiesel; (“biocarburant”) “biogas” means a gaseous fuel that is, (a) landfill gas, or (b) a gas made from the anaerobic digestion of, or any combination of, (i) biomass, (ii) source separated organics, or (iii) organic matter, other than biomass, that is derived from a plant or animal and that is available at a farm operation; (“biogaz”) “biomass” means organic matter, other than source separated organics, that is derived from a plant or animal, is available on a natural renewable basis and is, (a) grown or harvested for the purpose of being used to generate electricity, (b) waste from harvesting or processing agricultural products or waste from processing forestry products, including spent pulping liquor, (c) agricultural waste, (d) organic waste materials from a greenhouse, nursery, garden centre or flower shop, (e) pulp and paper biosolids, (f) waste from food processing, distribution and preparation operations, such as food packing, food preserving, wine making, cheese making, restaurants and grocery stores, and includes, as an example, organic waste from the treatment of wastewater from facilities where food or feed is processed or prepared, (g) sewage biosolids, (h) hauled sewage, (i) waste from the operation of a sewage works subject to the Ontario Water Resources Act, (j) woodwaste, or (k) forest resources made available under a forest management plan approved under the Crown Forest Sustainability Act, 1994 or a managed forest plan approved under the Managed Forest Tax Incentive Program; (“biomasse”) “farm operation” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act; (“exploitation agricole”) “hauled sewage” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act; (“eaux usées transportées”) “municipal waste” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act; (“déchets municipaux”) “person” includes, (a) a municipal corporation, (b) a commission established under the Public Utilities Act or any other general or special Act, and (c) any body, however established, through which a municipal corporation generates, transmits, distributes or retails electricity; (“personne”) “pulp and paper biosolids” has the same meaning as in Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002; (“biosolides de papetière”) “sewage biosolids” has the same meaning as in Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002; (“biosolides d’égouts”) “source separated organics” means organic waste that has been separated from other waste under a program operated by or for a municipality; (“matières organiques séparées à la source”) “woodwaste” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act. (“déchets de bois”) O. Reg. 160/99, s. 1; O. Reg. 310/01, s. 1 (1); O. Reg. 328/09, s. 1 (1); O. Reg. 294/14, s. 1 (1); O. Reg. 78/24, s. 1 (1). (1.1) For the purposes of the definition of “biomass” in subsection (1), biomass does not include, (a) peat or peat derivatives; and (b) municipal waste, other than organic matter referred to in paragraphs (b) through (j) of the definition of “biomass”. O. Reg. 328/09, s. 1 (2). (2), (3) Revoked: O. Reg. 78/24, s. 1 (2). (4) For the purposes of the definition of “renewable energy generation facility” in the Act, the following associated or ancillary equipment, systems and technologies are prescribed: 1. Transmission or distribution lines of less than 50 kilometres in length that are associated with or ancillary to a renewable energy generation facility. 2. Transformer stations or distribution stations that are associated with or ancillary to a renewable energy generation facility. 3. Any transportation systems that are associated with or ancillary to the provision of access to a renewable energy generation facility, during the construction, installation, use, operation, changing or retiring of a renewable energy generation facility. O. Reg. 328/09, s. 1 (2). (5) For the purposes of subsection (4), the following apply: 1. A distribution line is associated with or ancillary to a renewable energy generation facility if the line is used to distribute electricity within the facility or from the facility to the distribution system of the distributor in whose distribution service area the renewable energy generation facility is located. 2. A transmission line is associated with or ancillary to a renewable energy generation facility if the line is used to transmit electricity within the facility or from the facility to the IESO-controlled grid. 3. A transformer station or distribution station is associated with or ancillary to a renewable energy generation facility if the station is used to transform the voltage of electricity at the facility, on a transmission line or on a distributor’s distribution system which is associated with or ancillary to the facility. 4. A transportation system includes all transportation systems constructed solely to provide access to the renewable energy generation facility, including transportation systems on Crown land, but does not include a highway which is intended for or used by the general public for the passage of vehicles. O. Reg. 328/09, s. 1 (2). (6) For the purposes of the definition of “renewable energy generation facility” in the Act, the following classes of waste disposal sites are prescribed: 1. A waste disposal site where the material referred to in clause (b) of the definition of biogas is subject to anaerobic digestion. 2. A waste disposal site where biomass is thermally treated. O. Reg. 328/09, s. 1 (2); O. Reg. 294/14, s. 1. (7) For the purpose of subsection 29.1 (1) of the Act, “service” includes, but is not limited to, on-bill financing for electricity conservation and load management measures. O. Reg. 132/15, s. 1. 2. In sections 125 and 152 of the Act, “execute” includes, with respect to an instrument that may be in an electronic format, to do what is required to complete the instrument in the electronic format. O. Reg. 160/99, s. 2. Exemptions 2.0.0.1 Despite subsection 25.21 (1) of the Act, sections 25.14 to 25.17 of the Act do not apply with respect to the transfer by a transferor of environmental attributes that are generated before January 1, 2027, if their transfer is the subject of a contract entered into before January 1, 2023. O. Reg. 70/24, s. 1. 2.0.1 (1) Subsection 26 (1) and (6) of the Act do not apply to Cornwall Street Railway Light & Power Company Limited with respect to serving those consumers who are subject to, (a) the agreement entered into by Cornwall Street Railway Light & Power Company Limited and The Corporation of the Township of Charlottenburgh on October 8, 1985; (b) the agreement entered into by Cornwall Street Railway Light & Power Company Limited and The Corporation of the Township of Cornwall on December 4, 1985; or (c) the franchise agreement entered into by Cornwall Street Railway Light and Power Company Limited and The Corporation of the City of Cornwall on July 31, 1998. O. Reg. 19/02, s. 1; O. Reg. 71/02, s. 1. (2) Subsection (1) does not apply after December 31, 2019. O. Reg. 19/02, s. 1. (3) Subsection 26 (1) of the Act does not apply to Granite Power Distribution Corporation with respect to serving those consumers who are subject to the franchise agreement entered into by Gananoque Light & Power Ltd. and The Corporation of the Town of Gananoque on November 14, 1994. O. Reg. 19/02, s. 1. (4) Subsection (3) does not apply after December 31, 2014. O. Reg. 19/02, s. 1. (5) Subsection 26 (1) of the Act does not apply to Cedars Rapids Transmission Co. O. Reg. 19/02, s. 1. (6) Subsection (5) ceases to apply if a transmission system owned or operated by Cedars Rapids Transmission Co. is connected to the IESO-controlled grid. O. Reg. 19/02, s. 1; O. Reg. 294/14, s. 2. (7) Subsection 26 (1) of the Act does not apply to Hydro One Remote Communities Inc. O. Reg. 19/02, s. 1. 2.1 (1) Subsection 26 (3) of the Act does not apply to the following contracts: 1. The agreement made on January 2, 1990 between Ontario Hydro and Orillia Water, Light and Power Commission relating to Minden GS. 2. The agreement made on June 23, 1993 between Ontario Hydro and Orillia Water, Light and Power Commission relating to Swift Rapids GS. 3. The agreement entitled “Amended and Restated Power Rights Agreement” made on December 3, 1991 between Ontario Hydro and Spruce Falls Inc. or the loan agreement made on December 3, 1991 between Ontario Hydro and Spruce Falls Inc. O. Reg. 19/02, s. 2; O. Reg. 38/23, s. 2. (2) To the extent that a contract entered into by Ontario Hydro contains liabilities, rights or obligations that have been transferred to Ontario Hydro Remote Communities Inc., subsection 26 (3) of the Act does not apply to the contract. O. Reg. 19/02, s. 2. (3) Subsection 26 (3) of the Act does not apply to a contract described in Schedule 3 between Ontario Hydro and another party referred to in that Schedule. O. Reg. 145/02, s. 1. (4) Subsection 26 (3) of the Act does not apply to a contract described in Schedule 4 or 5. O. Reg. 145/02, s. 1. (5) The references in this section to contracts include all amendments made to those contracts before May 1, 2002. O. Reg. 145/02, s. 1. 2.2 Subsection 26 (6) of the Act does not apply to Granite Power Distribution Corporation with respect to serving those consumers who are subject to the franchise agreement entered into by Gananoque Light & Power Ltd. and The Corporation of the Town of Gananoque on November 14, 1994. O. Reg. 19/02, s. 2. 2.2.1 Sections 26 and 28 of the Act do not apply to a transmitter or distributor that is exempted from clause 57 (a) or (b) of the Ontario Energy Board Act, 1998 by section 4.0.1, 4.0.2 or 4.0.3.2 of Ontario Regulation 161/99. O. Reg. 145/02, s. 2; O. Reg. 14/03, s. 1. 2.2.2 Sections 25.35.8, 26, 28, 53.16 and 53.18 of the Act do not apply to a person exempted by an order of the Board made under section 57.1 of the Ontario Energy Board Act, 1998 from the requirement to be licensed in respect of any activity referred to in clause 57 (a), (c.1), (d), (e) or (f) of that Act, (a) for the period in which the Board’s order remains in effect; and (b) for the purpose of participating in the pilot or demonstration project specified in the Board’s order. O. Reg. 375/23, s. 1. 2.3 Section 28 of the Act does not apply to Hydro One Remote Communities Inc. O. Reg. 19/02, s. 2. 2.4 (1) In this section and in section 2.5, “First Nation” means a band as defined in the Indian Act (Canada), or a body of the aboriginal peoples of Canada who are treated by the Department of Indian Affairs and Northern Development (Canada) in the same manner as a body of the aboriginal peoples of Canada residing on a reserve as defined in the Indian Act (Canada). O. Reg. 71/02, s. 2. (2) The following provisions of the Act do not apply to a distributor who meets the conditions set out in subsection (3), and who distributes electricity in a community listed in Schedule 1: 1. Section 26. 2. Subsections 29 (4) to (6). O. Reg. 71/02, s. 2; O. Reg. 268/19, s. 1 (1). (3) The distributor must meet the following conditions: 1. The distributor must be a First Nation, or a corporation that is solely owned by a First Nation. 2. The distribution system owned by the distributor must not be connected to the IESO-controlled grid. 3. The distributor must only distribute electricity within its geographic service territory as it existed on January 1, 2002. 4. The distribution system owned by the distributor must not be owned by Hydro One Remote Communities Inc. O. Reg. 71/02, s. 2; O. Reg. 294/14, s. 3; O. Reg. 268/19, s. 1 (2). 2.5 (1) The following provisions of the Act do not apply to a distributor who meets the conditions set out in subsection (2), and who distributes electricity in a community listed in Schedule 2: 1. Section 26. 2. Subsections 29 (4) to (6). O. Reg. 71/02, s. 2; O. Reg. 268/19, s. 2. (2) The distributor must meet the following conditions: 1. The distributor must be a First Nation, or a corporation that is solely owned by a First Nation. 2. The distributor must only distribute electricity within its geographic service territory as it existed on January 1, 2002. O. Reg. 71/02, s. 2. 2.6 Section 26 of the Act does not apply to Attawapiskat Power Corporation, Fort Albany Power Corporation or Kashechewan Power Corporation until May 1, 2004. O. Reg. 71/02, s. 2. 3. Subsection 48.1 (3) of the Act does not apply to a subsidiary of Hydro One Inc. if everything that the subsidiary uses to transmit or distribute electricity outside Ontario was owned or operated by Ontario Hydro on March 31, 1999 and is located in jurisdictions bordering Ontario. O. Reg. 160/99, s. 3; O. Reg. 201/02, s. 1. 4. Revoked: O. Reg. 201/02, s. 2. 4.1 Subsection 142 (2) of the Act does not apply to a municipal corporation if, before November 7, 2000, the municipal corporation made an application to the Ontario Energy Board for approval to transfer, to a municipal electricity utility as defined in section 88 of the Act or to the Generation Corporation, the Services Corporation or a subsidiary of the Generation Corporation or the Services Corporation, an interest in real or personal property that has been used in connection with generating, transmitting, distributing or retailing electricity. O. Reg. 576/00, s. 1. 4.2 Section 144 of the Act does not apply to a municipal corporation if, (a) before November 7, 2000, the municipal corporation made an application to the Ontario Energy Board for approval to transfer, to a municipal electricity utility as defined in section 88 of the Act or to the Generation Corporation, the Services Corporation or a subsidiary of the Generation Corporation or the Services Corporation, an interest in real or personal property that has been used in connection with generating, transmitting, distributing or retailing electricity; and (b) the application to the Ontario Energy Board has not been finally determined or less than 120 days have elapsed since the application was finally determined. O. Reg. 576/00, s. 1; O. Reg. 164/01, s. 1. 5. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 160/99, s. 5. Schedule 1 1. Eabametoong First Nation. 2. Marten Falls First Nation. 3. Muskrat Dam First Nation. 4. Nibinamik First Nation. 5. North Spirit Lake First Nation. 6. Poplar Hill First Nation. 7. Sandy Lake First Nation. 8. Weenusk First Nation. 9. Wunnumin Lake First Nation. O. Reg. 268/19, s. 3. Schedule 2 1. Cat Lake First Nation. O. Reg. 268/19, s. 3. Schedule 3 Item Other Party Date of Contract 1. Allegheny Electric Cooperative, Inc. January 6, 1995 2. Atlantic City Electric Company June 20, 1997 3. Atlantic City Electric Company September 5, 1997 4. Boston Edison Company June 5, 1995 5. Cambridge Electric Light Company June 20, 1996 6. Canadian Niagara Power Company, Limited February 20, 1998 7. Central Hudson Gas & Electric Corp. April 15, 1996 8. Central Vermont Public Service Corporation July 16, 1993 9. Commonwealth Electric Company June 20, 1996 10. Consolidated Edison Company of New York, Inc. November 11, 1992 11. GPU Service Corporation September 14, 1988 12. Green Mountain Power July 16, 1993 13. James MacLaren Industries, Inc. August 25, 1997 14. Long Island Lighting Company November 11, 1992 15. Maritime Electric Company, Ltd. March 27, 1998 16. New Brunswick Power Corporation October 20, 1997 17. New England Power Company June 14, 1994 18. The New York Municipal Power Agency September 25, 1996 19. NGE Generation Inc. January 21, 1998 20. Northeast Utilities Service Company July 16, 1993 21. Old Dominion Electric Cooperative November 1, 1996 22. Orange and Rockland Utilities Inc. July 12, 1994 23. Peco Energy Company November 1, 1996 24. Peco Energy Company March 18, 1997 25. PP&L, Inc. February 4, 1998 26. PP&L, Inc. February 20, 1998 27. Rochester Gas & Electric Corp. October 15, 1993 28. Rochester Gas & Electric Corp. June 1, 1998 29. Vermont Department of Public Service April 19, 1988 30. Virginia Electric and Power Company June 4, 1997 31. Virginia Electric and Power Company July 8, 1997 32. American Electric Power Service Corporation March 20, 1997 33. American Electric Power Service Corporation May 31, 1998 34. Michigan Public Power Agency May 1, 1995 35. Northern Indiana Public Service Company June 26, 1997 36. The Cincinnati Gas & Electric Company; PSI Energy, Inc. and Cinergy Services, Inc. February 20, 1997 37. The Cincinnati Gas & Electric Company; PSI Energy, Inc. and Cinergy Services, Inc. September 12, 1997 38. The Cleveland Electric Illuminating Company March 24, 1997 39. The Toledo Edison Company March 24, 1997 40. Utilicorp United Incorporated August 16, 1996 41. Wabash Valley Power Association, Inc. October 1, 1995 42. Wolverine Power Supply Cooperative Inc. June 20, 1995 43. British Columbia Power Exchange Corporation May 1, 1998 44. Cargill-Alliant, L.L.C. November 25, 1998 45. Citizens Lehman Power Sales March 10, 1997 46. CMS Marketing, Services and Trading April 14, 1997 47. Constellation Power Source Inc. June 10, 1998 48. Duke Energy Trading and Marketing, L.L.C. September 4, 1997 49. Electric Clearinghouse, Inc. February 20, 1997 50. Enron Power Marketing, Inc. March 10, 1997 51. Enserch Energy Services, Inc. July 28, 1998 52. Koch Energy Trading, Inc. June 25, 1997 53. LG&E Energy Marketing Inc. November 12, 1997 54. New Energy Ventures, L.L.C. October 8, 1997 55. Plum Street Energy Marketing, Inc. October 1, 1997 56. NorAm Energy Services, Inc. June 10, 1998 57. Northeast Energy Services, Inc. October 21, 1997 58. PacifiCorp Power Marketing, Inc. December 19, 1987 59. PG&E Energy Trading — Power, L.P. February 9, 1998 60. Rainbow Energy Marketing Corp. March 10, 1997 61. Sonat Power Marketing L.P. July 2, 1997 62. Tenaska Power Services Co. January 15, 1998 63. Tractebel Energy Marketing, Inc. July 2, 1997 64. TransAlta Energy Marketing Corp. February 25, 1998 65. TransCanada Energy Ltd. March 10, 1997 66. Western Power Services, Inc. March 10, 1997 67. Williams Energy Services Company August 6, 1997 O. Reg. 145/02, s. 3. Schedule 4 Item Contract Date of Contract 1. Compilation of Interconnection Agreement between Consumers Power Company/The Detroit Edison Company and Ontario Hydro January 29, 1975 as compiled February 1991 2. Interconnection Agreement between Hydro Quebec and Ontario Hydro November 9, 1984 3. Compilation of Interconnection Agreement between Ontario Hydro and The Manitoba Hydro-Electric Board November 16, 1971 as amended April 1, 1981 4. Electricity Sale Agreement between The Manitoba Hydro-Electric Board and The Manitoba Energy Authority and Ontario Hydro August 28, 1987 5. Agreement between Ontario Hydro and Manitoba Hydro (regarding Call Option on Capacity and/or Energy and Settlement of Claims) November 1, 1998 6. Interconnection Agreement between Minnesota Power & Light Company and Ontario Hydro June 1, 1995 7. Interconnection Agreement between Niagara Mohawk Power Corporation and Ontario Hydro November 1, 1986 8. Compilation of Memorandum of Understanding between Power Authority of the State of New York and Ontario Hydro January 19, 1965 as compiled June 20, 1979 O. Reg. 145/02, s. 3. Schedule 5 Item Parties Date of Contract 1. Ontario Hydro and Canadian Niagara Power Company, Limited April 1, 1971 2. The Water Works Commission of the City of St. Catharines, The Corporation of the City of St. Catharines and the Hamilton Cataract Power Light and Traction Company Limited (regarding St. Catharines Water Works) December 30, 1903 3. The Hydro-Electric Power Commission of Ontario and Chat Falls Power Company (regarding Chat Falls) February 15, 1930 4. The Ontario-Minnesota Pulp and Paper Company Limited and The Hydro-Electric Power Commission of Ontario (regarding Whitedog Falls GS) February 27, 1961 5. The Hydro-Electric Power Commission of Ontario and Quebec Hydro-Electric Commission (regarding Bryson G.S.) July 23, 1963 6. Her Majesty the Queen in Right of the Province of Manitoba, Her Majesty the Queen in Right of the Province of Ontario, The Manitoba Hydro-Electric Board and The Hydro-Electric Power Commission of Ontario (regarding Lake St. Joseph Diversion) September 24, 1958 O. Reg. 145/02, s. 3.