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Bulletin

Bill 21 And Condominiums - Smart Metering - Now The Energy Conservation Leadership Act, 2006

Of particular interest is Sec. 53.16.1

Sub-metering: condominiums

53.16.1 (1) Despite the Condominium Act, 1998 and any other Act, a distributor and any other person licensed by the Board to do so shall, in the circumstances prescribed by regulation, install a smart meter, metering equipment, systems and technology and associated equipment, systems and technologies or smart sub-metering systems, equipment and technology and any associated equipment, systems and technologies of a type prescribed by regulation, in a property or class of properties prescribed by regulation at a location prescribed by regulation and for consumers or classes of consumers prescribed by regulation at or within the time prescribed by regulation.

Non-application of registered declaration

(2) If a smart meter or smart sub-metering system is installed in accordance with subsection (1) in respect of a unit of a condominium, the distributor, retailer or any other person licensed to conduct activities referred to in subsection (1) shall bill the consumer based on the consumption or use of electricity by the consumer in respect of the unit despite a registered declaration made in accordance with the Condominium Act, 1998.

Priority over registered declaration

(3) Subsection (2) applies in priority to any registered declaration made in accordance with the Condominium Act, 1998 or any by-law made by a condominium corporation registered in accordance with that Act and shall take priority to the declaration or by-law to the extent of any conflict or inconsistency.

Exclusive authority of Board

(4) A regulation referred to in subsection (1) may provide the Board with exclusive authority to approve or authorize, after a prescribed date,

(a) the smart meter, metering equipment, systems and technology and any associated equipment, systems and technologies; and

(b) the smart sub-metering systems, equipment and technology and any associated equipment, systems and technologies.

The Ontario Legislation Assembly website contains the following information on the bill:

Bill 21, Energy Conservation Responsibility Act, 2006/Loi de 2006 sur la responsabilité en matière de conservation de l'énergie. Hon. Mrs. Cansfield (Minister of Energy). First Reading November 3, 2005. Second Reading debated November 22, 30; December 12. Second Reading carried on division December 13. Ordered referred to the Standing Committee on Justice Policy. Considered February 6, 7, 15, 2006. Reported as amended February 15. Ordered for Third Reading. Third Reading debated February 20, 23, 27. Third Reading carried February 27.

The legislation is available at the Ontario e-Laws site.

Look for additional information on Bill 21 and its impact on condominiums and management companies in the next issue of the Condo News.

 


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